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HomeMy WebLinkAboutContract 33211 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS INSPECTION,MATERIAL TESTING, GEOTECHNICAL INVESTIGATION, & LABORATORY SERVICES PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the day of 2004by and between the CITY OF FORT WORTH, a municipal corporation locajed in Tarrant, Denton, and Wise Counties, Texas, ("City") acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and Professional Service Industries, Inc., ("Laboratory"). WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SERVICES Laboratory hereby agrees to perform as a per job independent contractor such construction inspection, material testing, geotechnical investigation, and laboratory services ("Services") as may be requested by the City during the term of this Agreement. The Scope of Services is set forth in Attachment"A". ARTICLE H STANDARDS & COMPENSATION Section 1. All testing or other work under this Agreement shall be performed according to "PROCEDURES FOR TESTING OF DEVELOPER PROJECTS" as developed and administrated by the Department of Engineering. Testing or other work will be directed by the respective project Inspector assigned to the project by the Department of Engineering. Contract administration and quality control will be performed by the Laboratory Division of the Department of Engineering. City shall make available to Laboratory in the performance of the contract, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to Laboratory by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay Laboratory for testing services on a unit price per The unit price to be paid for each authorized service shall not exceed the unit price amount set out ORIGINAL in the schedule of Fees and Services, attached authorized test basis. hereto, marked "Attachment B", and incorporated herein for all purposes incident to this contract. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Two Hundred Thousand Dollars ($200,000.00) per year. The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Laboratory's invoice for payment of same. Acceptance by Laboratory of said payment shall operate as and shall release the City from all claims or liabilities under this contract for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM Section 1. The term of this Agreement shall commence on the effective date and shall continue on for a one (1) year period unless terminated in accordance with the terms of this Agreement. Section 2. City, in its sole discretion, shall have the right, but not the obligation, to renew this Agreement two times, each for a period of one (1) year from the termination date provided that Laboratory shall agree in writing to continue such agreement pursuant to the same conditions as contained herein at units pricing satisfactory to City. Section 3. The City has the option to extend the term of this Agreement, or any renewal period, as necessary for Laboratory to complete work on any project entered into prior to the expiration of the Agreement. ARTICLE IV INDEPENDENT CONTRACTOR Laboratory shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Laboratory shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Laboratory, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Laboratory. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION MATERIALS TESTING,INSPECTION,LABORATORY i SERVICES AGREEMENT i PROFESSIONAL SERVICE INDUSTRIES,INC. Page 2of9 f-3 Section 1. To the best of its professional ability, all work performed by Laboratory shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Laboratory or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other services performed hereunder. Section 2. In this connection, Laboratory shall indemnify, hold harmless and defend the City and all of its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Laboratory, employees of subcontractors, and all other persons performing work incident to this contract which may rise out of or be connected with directly or indirectly: a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this contract by Laboratory. b. Any act, omission, defect, deficiency or negligence of Laboratory in drilling and testing, reporting, recommendations or any other services performed by Laboratory; C. Any neglect in the safeguarding of the work by Laboratory or its subcontractors; d. Failure by Laboratory or its subcontractors to properly execute the work; e. Defective work or materials; and/or f. Striking, cutting, impaling or tearing any cables, utility lines, pipes and other matter located.beneath the surface due to the negligence or wrongful acts of Laboratory. Laboratory shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of; or in connection with, any and all acts or omissions of Laboratory, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Section 1. Laboratory shall not commence work under this contract until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Laboratory allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Laboratory may elect to add any subcontractor as an additional insured under its liability policies. MATERIALS TESTING,INSPECTION,LABORATORY f , �;5 V i✓{ SERVICES AGREEMENT PROFESSIONAL SERVICE INDUSTRIES,INC. Page 3 of 9 " J`3 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Professional Liability $1,000,000 each claim/annual aggregate Section 2. Additional Insurance Requirements a. Except for employez's liability insurance coverage under Laboratory's worker's compensation insurance policy and professional liability insurance, the City, its officers, employees and servants shall be endorsed as an additional insured on Laboratory's insurance policies. b. Certificates of insurance shall be delivered to the Department of Engineering's contract administrator, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current AM. Best rating of A: VII or equivalent measure of financial strength and solvency. The City must approve in writing any carrier not meeting the minimum rating with A.M Best. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. MATERIALS TESTING,INSPECTION,LABORATORY SERVICES AGREEMENT PROFESSIONAL SERVICE DOUSTRIES,INC. Pogo 4 of 9 g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for Laboratory's insurance. j. Laboratory's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the contract,Laboratory shall report, in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Laboratory's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Laboratory shall provide complete copies of all insurance policies required by these contract documents. n. If insurance policies are not written for specified coverage limits, Umbrella or Excess Liability insurance for any difference is required. Excess Liability shall follow form with the primary coverage. ARTICLE VII ASSIGNMENT AND AMENDMENT Section 1. City and Laboratory each bind themselves, and their respective legal successor and assigns, to this agreement. Laboratory, its successors and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. Section 2. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed by the parties. MATERIALS TESTING,INSPECTION,LABORATORY SERVICES AGREEMENT f, , PROFESSIONAL SERVICE INDUSTRIES,INC. q ; Page 5 of 9 ARTICLE VIII TERMINATION OF CONTRACT Section 1. City may terminate this contract at any time, for any cause, by notice in writing to Laboratory. Upon receipt of such notice, Laboratory shall immediately discontinue all services and work hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If City chooses to terminate this contract under Article VIII, Section 1, upon receipt of notice of termination, Laboratory shall discontinue services rendered up to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and Services (Attachment`B"). Section 3. All reports, whether partial or complete, prepared under this contract, including the original drawings, whether furnished by the City, its officers, agents, employees, engineers, consultants, or contractors, or prepared by Laboratory, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this agreement. ARTICLE IX RIGHT TO AUDIT (a) Laboratory agrees that the City shall, until the expiration of three(3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Laboratory involving transactions relating to this contract. Laboratory agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Laboratory reasonable advance notice of intended audits. (b) Laboratory further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting Laboratory agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Laboratory and any subcontractor reasonable advance notice of intended audit. (c) Laboratory and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Laboratory for the cost of copies at the rate MATERIALS TESTING,INSPECTION,LABORATORY 5 = v SERVICES AGREEMENT ' PROFESSIONAL SERVICE INDUSTRIES,INC. � . � Pa e6of9 y 1 published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Laboratory acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Laboratory may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. ARTICLE XI OBSERVE AND COMPLY Laboratory shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Laboratory agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE XIII VENUE Should any action, whether real or asserted, at law or in equity, arise out of or under this Contract,venue for said action shall be exclusively in Tarrant County, Texas. ARTICLE IX NO THIRD PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE X SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to MATERIALS TESTING,INSPECTION,LABORATORY SERVICES AGREEMENT PROFESSIONAL SERVICE INDUSTRIES,INC. Page 7 of 9 any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE XI NOTICES All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: CITY OF FORT WORTH: Doug Rademaker, Director Department of Engineering City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to- Marc Ott, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 LABORATORY: Professional Service Industries, Inc. Howell Branum, President 2556 Gravel Drive Fort Worth, TX 76118 IN WITNESS THEREOF, the parties hereto have made and executed this agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. ATTEST: CITY OF FORT WORTH MATERIALS TESTING,INSPECTION,LABORATORY SERVICES AGREEMENT PROFESSIONAL SERVICE INDUSTRIES,INC. Page 9 of 9 BYfh" BY: Marty He rix City Secretary Assistant City Manager APPROVAL RECOMMENDED: LABORATORY: Professional Services Indu 'es, Inc. boiu;gg Rademaicer, Director Department of Engineering By: Howell B m President APPROVED AS TO FORM AND i _ � '(��� LEGALITY: `'� Contract Authorization /" �- O- 6-1� _ t �kc�',D5 Date Aliii rty o MATERIALS TESTING,INSPECTION,LABORATORY J' r SERVICES AGREEMENT . PROFESSIONAL SERVICE DOUSTRIES,INC. Pap 9of9 ATTACHMENT A SCOPE OF SERVICES The contractor is to provide laboratory services in conformance with established "Procedures for Testing of Developer Projects"which is based upon adopted Water, Sewer and Transportation/Public Works criteria. Services are to be coordinated with the assigned City of Fort Worth project inspector and the City of Fort Worth Inspection Manager. The services will include but not be limited to the following tests: Moisture Density Relationship Asphalt Density Proctor Unit Weight Atterbug Limits Raw API Bar Lineal Shrinkage pH Series Texas Wet Ball Mill Grain Size Analysis -200 Sieve Analysis Gradation: Rock—Crushed Stone for Embedment LAA(Los Angeles Abrasion) Sand—Backfill Water& Sewer Lime Field Gradation Cement field Gradation Core: Test Hole Analysis Concrete Asphalt Compression: Cylinders Cores For each project assigned the contracting laboratory shall: • Preview and become familiar with plans and specifications for the assigned project. • Attend the pre-construction meeting for each project assigned. • Take samples of materials for examination or analysis to laboratories; schedule routine materials and density field tests to assure material and workmanship quality; and coordinate results of tests. • Perform preliminary and final testing and inspections on routine construction projects; provide input on acceptance of development. z • Prepare various testing and inspection reports as required; maintain files and reports regarding testing and inspection. • Respond in a timely manner to City's request for services. • Invoice for services • Provide unique invoices for re-tests. io ATTACHMENT B FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Concrete Compression Test Cylinders(Mm.4 per set),each $15.00 Air Content/Slumptreniperature/Next Day Cylinder Pick up,hour $35.00 (Min 3 bo—) Flexural Beams,each $25.00 Coring(4"DIA to 6"depth 4/trip) ***$56.00 (Nfin 4 per trip) per add inch$6.00 2"Coring for depth isolation to 6"each additional inch $40.00 (Min 4 per trip) Thickness Measurement,each $8.00 Patching of Core Holes,each $6.00 Coring Technician Time,hour $35.00 Flexural Test of Beams,each $25.00 Compression Test Cylinders,each Sawing and/or Capping Cones&Cylinders,each $55.00 Compression Test of Cores,each Compression Test Specimen Hold Mix Design Review,each $100.00 Mix Design Formulation w/Aggregrate Tests Include Specific Gravity/Sieve $550.00 Analysis/Unit WT-200,each Additional Mix Design Utilizing Above Mix Analysis,each $200.00 Mix Design Formulation Revision,each $200.00 Engineering Tech(NICET)for Quality Assurance Monitoring of Onsite Work, $45.00 hour Pre pour Reinforcing Steel Placement Inspection,hour $35.00 Sampling for Inlab Test,hour $40.00 Equipment Charge N/C Minimum Vehicle Charge $25.00 Batching Mix Design in Preparation for Making Lab Confirmation Cylinders $35.00 or Beams,hour Batch Plant Observation Supporting Concrete Placement,hour $45.00 Concrete Flatness,Sq.Ft per sq.ft$0.02 min. $500.00 Certified Welding Inspector,hour $55.00 Field Gradation Equipment,test N/C Slump Test,each $15.00 ***Includes Cost of Technician Time Coring and Patching Core Holes 71 7 Page 1 of 5 ` ATTACHMENT B FEE SCHEDULE For Construction Material Testing and Geotechnical Borings HMAC Density Nuclear Method,each **$45.00 (3 Nn) Core Inplace Density,each $32.00 Coring HMAC Technician Time,hour Core Depth Measurement,core $56.00 (Min 4/trip) Patching Core Holes,each Min Vehicle Charge 4"DIA./6"Depth,core $40.00 Each Additional Inch,Inch $6.00 Rolling Pattern Nuclear Gauge,hour ***$45.00 Nuclear Moisture Density Gauge,day $80.00 Extraction and Gradation,each $170.00 Lab Density,each $40.00 Stability Test,each $160.00 Maximum Specific Gravity,each $75.00 Disposal Fee N/C Batch Plant Hot Bin Analysis,each $55.00 Material Sampling For In Lab Tests,hour $40.00 **Technician Time,Trip and Gauge Charge Included ***Includes Gauge Charge Page 2 of 5 ATTACHMENT B FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Professional Chief Engineer/Scientist,hour $140.00 Senior Technician,hour $45.00 Senior Project Engineer/Professional Engineer,hour $125.00 Project Engineer/Scientist/Geologist,hour $100.00 Graduate Engineer/Project Manager,hour $85.00 Staff Scientist/Geologist/Engineer,hour $85.00 Project Inspector,hour $45.00 Clerical,hour $30.00 Drafter,hour $35.00 Engineering Technician,hour $42.00 Engineering and Report Review,hour $100.00 Page 3 of 5 } _ u ATTACHMENT B FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Geotechnical Undisturbed Soil Sample,each $11.00 (P-ft-) Visual Classification,each $10.00 Classification ASTM D-2487,each $105.00 Sample Extrusion,each N/A Sample Preparation,each $10.00 Atterburg Limits RAW PI,each $45.00 Soil w/Additive,each $50.00 Bar Lineal Shrinkage,each $16.00 Moisture Density Relationship(Proctor) $145.00 Standard(ASTM D-698),each Moisture Density Relationship(Proctor) $175.00 Modified(ASTM D-1517),each THD 113E,each $180.00 Unit Weight,each $20.00 Unit Weight(Dry Rodded),each $20.00 -200 Sieve Analysis,each $30.00 Laboratory Moisture Content,each $8.00 Sieve Analysis(Fine Aggregate),each $60.00 Sieve Analysis(Large Aggregate),each $60.00 Sieve Analysis(Finer than 200 Sieve),each $35.00 Lime or Cement Series Determination(5 points),each $255.00 Optimum Lime Content,each $200.00 pH Series(6 points),each $210.00 Specific Gravity,each $45.00 Absorption,each $25.00 Los Angeles Abrasion(Large Aggregate),each $235.00 Los Angeles Abrasion(Small Aggregate),each $215.00 Texas Wet Ball Mill,each $175.00 Gradation(Lime or Cement Stabilized),each $30.00 (3 Min Tech Time& Trip Included) Limed Soil Depth Measurement,each ***$30.00 (3 Min Tech Time& Trip Included) In Place Moisture Density(Nuclear Method),each (3 Min Tech Time, In Place Moisture Density(Nuclear Method Technician),hour Trip&Gauge charge Density(Nuclear Method GCharge)a Char each $45.00 Included.Max 90 In Place Moisture De ty� lMg g ) minutes for 3 density tests.) Grain Size Analysis(Mechanical and Hydrometer),each $150.00 Unconfined Compression Test Including Moisture,each $30.00 Unconfined Compression Test Soil,each $27.00 Unconfined Compression Test Rock,each $35.00 Confined Compression Test(UU),each $100.00 Triaxial Test Unconsolidated Undrained,speci $85.00 Triaxial Test Multiple Stage,stage $300.00 Triaxial Consolidated Undrained w/Pore Pressure Measurement,speci $650.00 Triaxial Consolidated Drained Multiple Stage,stage $650.00 Triaxial Consolidated Drained Single Stage,stage $300.00 Triaxial Consolidated Drained Three Stage,stage $780.00 Consolidated Test,each $350.00 Direct Shear Consolidated Drained Sand&Gravel,point $200.00 Direct Shear Consolidated Drained Silt&Clay,point $350.00 Direct Shear Consolidated Undrained Sand&Gravel,point $175.00 Direct Shear Consolidated Undrained Silt&Clay,point $200.00 Page 4 of 5 ATTACHMENT B FEE SCHEDULE For Construction Material Testing and Geotechnical Borings California Bearing Ratio,each $250.00 THD Triaxial,each $800.00 Percent Swell,each $80.00 Permeability Test Falling Head,each $200.00 Permeability Test Triaxial,each $300.00 Permeability Test Flex Wall,each $300.00 Permeability Test Fixed Wall,each $200.00 Permeability Test Clay Soils,each $290.00 Permeability Test Granular Soils,each $250.00 Permeability Test Pressure Head wBeck Pressure Saturation,each $350.00 Electrical Resistivity,THD Method,each $100.00 Truck Mounted Mobilization,mile and trip We-$3.25 Trip-$250.00 Buggy/Ave Mounted,mile and trip Mile-$5.00 Trip-$350.00 Per Diem Per Man,day $85.00 Intermittent Soil Sampling w/Truck @ 5'Intervals 0-25'Depth,foot $11.00 Intermittent Soil Sampling w/Truck @ 5'Intervals 25-50'Depth,foot $12.00 Intermittent Soil Sampling w/Truck @ 5'Intervals 50-100'Depth,foot $15.00 Continuous Soil Sampling w/Truck 0-10'Depth,foot $15.00 Intermittent Soil Sampling w/ATV @ 5' Intervals 0-25'Depth,foot $12.00 Intermittent Soil Sampling w/ATV @ 5'Intervals 25-50'Depth,foot $13.00 Intermittent Soil Sampling w/ATV @ 5'Intervals 50-100'Depth,foot $15.00 Continuous Soil Sampling w/ATV 0-10'Depth,foot $14.00 Continuous Soil Sampling w/ATV 10-50'Depth,foot $18.00 Auger Drilling Without Sample,foot $8.00 Rock Coring w/NX Size,Core Barrel 0-25'Depth Carbide Bit,foot $18.00 Rock Coring w/NX Size,Core Barrel 25-50'Depth Carbide Bit,foot $20.00 Rock Coring w/NX Size,Core Barrel 50-75'Depth Carbide Bit,foot $21.00 Rock Coring w/NX Size,Core Barrel 75-100'Depth Carbide Bit,foot $25.00 Rock Coring w/NX Size,Core Barrel 50-75'Depth Diamond Bit,foot $27.00 CME 5'Continuous Sampler 0-50'Depth,run $15.00 Per Fr Stand By or Access Time,hour $120.00 Drilling w/Auger Rig,hour $150.00 Minimum Drill Fee $600.00 Post Injection Subgrade Evaluation Per Boring Including Moisture and Free $500.00 Swell Determination Minimum Post Injection Charge $900.00 Field Time Engineer,hour $100.00 A minimum vehicle charge of$25.00 *Does not include technician time ***Shall be performed after compacting and final grading of stabilized soil Page 5 of 5 1 U� MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER CLE-001430768-04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc, NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE TWO LOGAN SQUARE POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE PHILADELPHIA,PA 19103 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn:Contract Rev(ewCSS@rnarsh.com/212-948-1306 Fax COMPANIES AFFORDING COVERAGE COMPANY 19623-PSI-GAWUP-05-06 GAW N A ZURICH AMERICAN INS.CO. INSURED COMPANY PROFESSIONAL SERVICE INDUSTRIES,INC. B N/A 2556 GRAVEL DRIVE FORT WORTH,TX 76118 COMPANY C N/A COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 3 THIS 6 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. CO POLICYEFFECTIVE POLICYEXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDfYY) DATE(MM/DD(YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2+000+000 A X COMMERCIAL GENERAL LIABILITY GLO6580471-14 03/01/05 03/01/06 PRODUCTS-COMP)OPAGG $ 2+OW,OW CLAIMS MADE �OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S 8 CONTRACTOR'S PRO` I EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE(Arty one fire) $ 1,000,000 X CONTRACTUAL MED EXP(Any oneperson) $ 5,000 A AUTOMOBILE LIABILITY BAP 6580472-14(AOS) 03/01/05 03/01/06 COMBINED SINGLE LIMIT $ 2,000,000 A X ANYAUTO TAP 6580473-14(TX) 03/01/05 03/01/06 ALLOWNEDAUTCS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accldaM PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE 1$ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND WC 6580421-14(AOS) 03/01/05 03/01/06 XOTH EMPLOYERS'LIABILITY TORY LdMTTS ER A WC9302890-03(MA,WI) 03/01/05 03/01/06 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIDCECUIIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE:CONSTRUCTION MATERIALS TESTING FOR VARIOUS UPCOMING PROJECTS. CITY OF FORT WORTH IS INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRfITEN CONTRACT,BUT ONLY TO THE EXTENT OF THEIR LIABILITY RESULTING FROM THE NEGLIGENCE OF THE INSURED AND WITH RESPECTTO SERVICES PROVIDED BY THE INSURED FOR THE ADDITIONAL INSURED,EXCEPT FOR WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL�'{a DAYS WRITTEN NOTICE TO THE CITY OF FORT WORTH CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAK SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: ANDY ANDERSON 1000 THROCKMORTON LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE FORT W ORTH,TX 76102 ISSUER OF THIS CERTIFICATE. MARSH USA INC. 77 sY: Mary Radaszewski MM1(3/02) VALID AS OF: 01/24/06 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/13/2005 DATE: Tuesday, December 13, 2005 LOG NAME: 30PROFSERVICES REFERENCE NO.: **C-21196 SUBJECT: Authorize Execution of Agreements with CMJ Engineering, Inc., EWI Testing & Geotechnical Engineering, Inc., Fugro Consultants L.P., Trinity Engineering Testing Corp. d/b/a Kleinfelder, Professional Service Industries, Inc., and Terracon Consultants, Inc., for Geotechnical and Construction Materials Testing for Various Developer-Initiated Construction Projects RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute agreements with CMJ Engineering, Inc., EWI Testing & Geotechnical Engineering, Inc., Fugro Consultants L.P., Trinity Engineering Testing Corp. d/b/a Kleinfelder, Professional Service Industries, Inc., and Terracon Consultants, Inc., for geotechnical and construction materials testing for various developer-initiated construction projects, for an one year contract with two one-year renewal options with an annual fee not to exceed $200,000 for each agreement DISCUSSION: In order to reduce the number of premature street failures in newly developing areas of the City, staff has reviewed the paving design standards, increased on-site inspection levels and proposes to shift the responsibility for geotechnical and construction materials testing from the Developer to the City of Fort Worth. City staff is recommending the approval of contracts with professional testing firms that will be administered by the City for providing onsite testing services. The initial contract period will be for one-year with two one-year renewal options with an annual fee not to exceed $200,000 for each agreement. Eleven different firms responded to a Request for Qualifications. Of those eleven, the following six firms were selected for interview: CMJ Engineering, Inc. EWI Testing & Geotechnical Engineering, Inc. Fugro Consultants LP Trinity Engineering Testing Corporation DBA Kleinfelder Professional Service Industries, Inc. Terracon Consultants, Inc. Based upon the interviews conducted and discussions with the development community regarding the magnitude of effort involved, staff is recommending that the City enter into contracts with all six firms interviewed. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/14/2006 Page 2 of 2 Funding for the geotechnical and construction materials testing services will come from fees collected at the time of execution of the Community Facilities Agreement(s). These fees are paid by the individual developers who initiate the construction projects. The City will not expend funds until construction begins. All six of the firms are in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE participation. The City's goal on this project is 20%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the various capital project funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office b Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/14/2006