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HomeMy WebLinkAboutContract 49254 pM 1 ryP� 4 CITY SECRETARY Received RE -� CONTRACT NO. Z o c��U� aoBJUN 2 2 2011 � �� ` ,6 �� m CITY OF FORT WORTH, TEXAS cry c TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ! ' c Engineers TAS D AGREEMENT FOR GEOTECHNICAL ENGINEERING AND MATERIALS Wd TESTING SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Landtec Engineers, LLC (the "Consultant"), authorized to do business in Texas, for a PROJECT generally described as: Geotechnical Engineering and Materials Testing Services. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Geotechnical Engineering and Materials Testing Services. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of Five Hundred Thousand Dollars ($500,000.00) unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Consultant understands and agrees that pursuant to the City's general Construction Contract Documents, payment for services rendered resulting from a retest or cancellation caused by a contractor for a given project is the responsibility of the City's primary City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 OFFICIAL.RIECO RD Page 1 of 14 CITY SECRETARY FT.WORTH,TX contractor ("Contractor"). City shall review and determine whether the invoice charges are City's or Contractor's responsibility. In the event Contractor is responsible, City will forward Consultant's invoice to said Contractor. Consultant shall be paid directly by Contractor, and evidence of such payment shall be provided to City prior to the project's completion. Failure of Contractor to pay Consultant will result in the City withholding final pay from the Contractor until Consultant is paid. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement 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 (1) Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one-year, beginning upon the Effective Date, or until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. (2) City, in its sole discretion, shall have the right, but not the obligation, to renew this Agreement two (2) times, each for a period of one (1) year, or the expiration of funds, with the renewal period pegged to the previous termination date and provided that Consultant shall agree in writing to continue such agreement pursuant to the same conditions as contained herein at unit pricing satisfactory to City. (3) The term of this Agreement, or any renewal period, shall not act as a bar for Consultant to complete work on any project or work order entered into prior to the expiration of the Agreement. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of 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 respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 2 of 14 Article V Professional Competence and Indemnification (1) Work performed by Consultant 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 Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant 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, Consultant may elect to add any subconsultant as an additional insured under its liability policies. 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 City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 3 of 14 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, Attention: Zelalem Arega, 5000 Martin Luther King Jr. Fwy, Fort Worth, TX 76119, and attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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 A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. 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. g. 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. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant'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. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 4 of 14 j. In the course of the Agreement, Consultant 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. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) (a) City may terminate this Agreement for its convenience on 30 days' written notice. (b) Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, 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. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 5 of 14 Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant 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 Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant 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 Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 6 of 14 Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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 XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV 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 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. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 7 of 14 Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Transportation and Public Works Department 5000 Martin Luther King Jr. Fwy Fort Worth, Texas 76119 Consultant: Landtec Engineers, LLC Attn: Thomas D. Baker 1700 Robert Rd. Suite 101 Mansfield, Texas 76063 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement Article XVII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B—Compensation Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 8 of 14 BY: BY: CITY OF FORT WORTH ENGINEER Landtec Engineers, LLC 14—t_ e —. Jay C apa Thomas D. Baker Assistant City Manager President Date: 7 ArZ17 Date: �avv— zz, Z t 7 APPROVAL RECOMMENDED: By:_L4, IJ- Doug JDoug rsig, P.E. Director, Transportation & F blic Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. e a t re, 06/Zd/17 Zelalem Arega, P.E. Sr. Professional Engineer APPROVED AS TO FORM AND LEGALITY By: LZO,> Doug Black pRT Assistant City Attorn Form 1295 No. 2017-203381 ATTEST: h' M&C No.: J Sec J s� r M&C Date: City Sec eta City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 OFFICIAL RECORD Page 9 of 14 CITY SECRETARY FT.WORTH,TX Attachment A - Scope of Services The scope of work may include, but not limited to, the following: • Sampling and Testing of Soils and Aggregates: o Moisture Content o Atterberg Limits Test o Sieve analysis of Fine and Coarse Aggregates o Specific Gravity and Absorption of Fine and Coarse Aggregates o LA Abrasion of Coarse Aggregates o Texas Wet Ball Mill (WBM) Test o California Bearing Ratio (CBR) Test o Soil-Moisture Relationship (Proctor Test) o Unconfined Compressive Strength Test of Soils and Rock Cores o Soil pH Test o Lime Series Test o Lime/Cement Field Gradation and Depth Measurement o In-Place Density Test Using Nuclear Gauge • Sampling and Testing of Portland Cement Concrete o Making Cylinders/Beams, and Air/Slump/Temperature Tests o Curing and Strength Test of Concrete Cylinders and Beams o Concrete Mix Design Review o Concrete Pavement Coring o Compressive Strength and Depth Measurement of Concrete Cores • Sampling and Testing of Hot Mix Asphalt Concrete o In-Place Density of HMAC Pavement Using Nuclear Gauge o Asphalt Pavement Coring and Thickness Measurement • Drilling and Related Services o Auger Boring, Intermittent and Continuous Soil Sampling o High Resistance Soil/Rock Coring • Structural Steel Inspection o Magnetic Particle Testing, Liquid Penetrant Testing, and Ultrasonic Testing o Inspection By a Certified Welding Inspector • Preview plans and specifications for assigned project prior to testing and inspection. • Prepare daily construction progress reports. • Take samples of materials for examination or analysis to laboratories; schedule routine lab and density field tests to assure material and workmanship quality; coordinate results of tests with City Project Managers and Inspectors. • Observe work during progress and upon completion. • Perform preliminary and final testing and inspections on routine construction projects; provide input on acceptance of developments. • Prepare various testing and inspection reports as required; maintain files and reports regarding testing and inspection and upload test reports into Buzzsaw. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 10 of 14 Attachment B— Compensation The City of Fort Worth Fee Schedule for Geotechnical Investigation and Materials Testing Services TRANSPORTATION Transportation, per trip.............................................................$38.50 SAMPLING AND TESTING OF SOILS AND AGGREGATES Soils and Base Materials Sampling for in-lab test, including tech time and transportation charge (If not scheduled with other work) .............................................$150.00/trip Moisture content—ASTM D2216.............................................. $9.00/each Atterberg limits (LL, PL, PI) —ASTM D4318..................................$55.00/each Atterberg limits with additive —ASTM D4318............................... $57.00/each Soil Visual Classification —ASTM D2488....................................$12.50/each Bar Linear Shrinkage —Tex-1 07-E............................................ $21.00/each Organic content—ASTM D 2974...............................................$15.50/each Sieve analysis of fine and coarse aggregates —ASTM C1 36/136M.. $65.00/each Percent passing #200 sieve—ASTM D1140/ C117.......................$37.00/each Hydrometer analysis of fine-grained soils —ASTM D7928...............$155.00/each Sp. gravity and Absorption (coarse aggregate) —ASTM C127.........$63.00/each Sp. gravity and absorption (fine aggregate) —ASTM C128..............$63.000/each LA Abrasion of small-size coarse aggregate —ASTM C131............$235.00/each LA Abrasion of large-size coarse aggregate —ASTM C535.............$235.00/each Texas Wet Ball Mill — Tex-1 16-E...............................................$185.00/each California bearing ratio (CBR) test—ASTM D1883........................$275.00/each Standard proctor—ASTM D 698................................................$155.00/each Modified proctor—ASTM D 1557..............................................$185.00/each Additional charge for coarse aggregate correction (ASTM D4718)... $25.00/each Soluble sulfate test— TEX-145-E.............................................. $55.00/each Unconfined compressive strength of soils —ASTM D2166..............$37.00/each Unconfined compressive strength of rock cores —ASTM D7012......$50.00/each Free swell testing —ASTM D4546.............................................$90.00/each Lime series using PI...............................................................$250.00/each Lime series using pH (6 points), Tex-121-E.. $225.00/each Soil pH test, Tex-128-E...........................................................$30.00/each Gradation (lime or cement) and/or lime depth measurement (min 3 hours)..$50.00/hour [Plus a transportation charge of$38.50 per trip] Consolidation testing.............................................................. Quote on Request Triaxialtesting.......................................................................Quote on Request Direct Shear testing............................................................... Quote on Request In-place Density In-place density using nuclear gauge, first 1'/2 hour.........................$175.00 (ASTM D2950/2950M, ASTM D6938) After the first 1'/2 hour..............................................................$50.00/hour City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 11 of 14 SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC) Concrete Cylinder and Beam Tests Making cylinders/beams, and air/slump/temperature tests (min 3 hrs)...$45.00/hour Transportation (cylinders/beams/air/slump/temp)......................... $38.50/trip Cylinder pick-up, including tech time and transportation (If not scheduled with other work)..............................................$150.00/trip Curing and Strength test of concrete Cylinder—ASTM C39 .........$17.00/each Curing and strength test of concrete beam —ASTM C293/C78........$31.50/each Concrete mix design and review............................................... Quote on Request Concrete core Samples (min 4 cores per trip) Transportation...................................................................... $38.50/trip 3" dia. or more concrete coring................................................ $62.00/each (>_ 3" dia. up to a depth of 6") Per added inch $6.70 Core depth measurement........................................................$9.50/each Less than 3" dia. concrete coring...............................................$45.00/each (< 3" dia. up to a depth of 6") Per added inch $6.70 Sample preparation and compressive strength test.......................$62.00/each (Including measuring, sawing, and capping of cores) Flagman if needed for safety and traffic monitoring........................$45.00/hour Professional traffic control....................................................... Quote on request SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC) Asphaltic Concrete Mixes Extraction and gradation testing................................................$180.00/each Maximum theoretical specific gravity —ASTM D2041.....................$80.00/each Lab molding of specimen (Tex-241-F, Tex-206-F)........................ $45.00/each Bulk specific gravity of lab molded specimen (Tex-207-F).............. $30.00/each Asphalt content by Ignition Method —ASTM D4125...................... $75.00/each Asphalt mix design and review..................................................Quote on Request In-place Density In-place density using nuclear gauge, first 1'/2 hour.........................$175.00 (ASTM D2950/2950M, ASTM D6938) After the first 11/2 hour............................................................. $50.00/hour Bulk specific gravity of core specimen- Tex-207-F........................ $45.00/each Asphalt core Samples (min 4 cores per trip) Transportation...................................................................... $38.50/trip 3" dia. or more asphalt coring....................................................$62.00/each (>_ 3" dia. up to a depth of 6") After a depth of 6"..................................................................$6.70/Inch Core depth measurement........................................................$9.50/each Less than 3" dia. asphalt coring................................................$45.00/each (< 3" dia. up to a depth of 6") After a depth of 6"...................................................................$6.70/Inch City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 12 of 14 Flagman if needed for safety and traffic monitoring.......................$45.00/hour DRILLING AND RELATED SERVICES Mobilization of Drill Rig........................................................... $300.00/occurrence Drill Rig Standby or access time............................................... $200.00/hour Undisturbed samples (Shelby Tubes, fixed piston)........................$12.50/foot Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling) 0' — 50'.................................................................................$12.50/foot 50' — 100'............................................................................. $14.50/foot 100' plus..............................................................................Quote on Request Intermittent soil sampling, 5-ft intervals 0' — 50'.................................................................................$14.50/foot 50' — 100'............................................................................. $17.00/foot 100' plus..............................................................................Quote on Request Continuous soil sampling 0 - 50..................................................................................$16.50/foot 50 - 100...............................................................................$19.50/foot 100' plus..............................................................................Quote on Request High resistance soil/rock coring (for soils with N-values greater than 50) 0' — 50'................................................................................ $27.00/foot 50' — 100.............................................................................. $31.00/foot 100' plus..............................................................................Quote on Request STRUCTURAL STEEL INSPECTION Certified welding inspector (min 4 hours).................................... $68.00/hour Magnetic particle testing (min 4 hours)....................................... $68.00/hour Liquid penetrant testing (min 4 hours)........................................$68.00/hour Ultrasonic testing (min 4 hours)................................................ $68.00/hour Material/Equipment fee........................................................... N/A ($0.00) PROFESSIONAL AND TECHNICAL SERVICES Principal Engineer.................................................................. $154.50/hour Senior Project/Geotechnical Engineer.........................................$134.00/hour Project Engineer/Scientist/Geologist.......................................... $113.50/hour Staff (or Graduate) Engineer/Project Manager............................. $93.00/hour Senior Engineering Technician................................................. $51.50/hour Engineering Technician.......................................................... $45.00/hour Drafter.................................................................................$41.00/hour REMARKS: Method of Payment: Unless otherwise specified, the price per unit of work or lump sum item includes all engineering, labor, personnel, equipment, materials, sample preparation, report preparation and engineering review, etc., necessary to complete that unit of work. A City of Fort Worth,Texas Geotechnical Engineering and Materials Testing Services Annual Contract-2017 Page 13 of 14 charge for Project Management (PM) may be included on each invoice up to a maximum of 5% of the total services provided on the invoice (before the PM was added). The most current City of Fort Worth, ASTM or AASHTO test procedures and supporting tests referenced shall be used. Failure to follow the procedures as stated will result in non- payment of the unit price item. Pavement Coring: Pavement coring will be paid for at a unit price for asphalt pavement cores and unit price for concrete cores. This includes technician time, operations, equipment, materials and traffic monitoring to cut cores and repair/patch core holes, and report preparation/engineering review. Geotechnical Drilling. Geotechnical Drilling will be paid from top of ground to bottom of the hole at a unit price per foot for soil and rock. These charge items include all operations and materials necessary to advance the hole, including borings for sampling and testing. Mobilization of equipment will be paid for at unit price per occurrence. This includes mobilization and demobilization of all equipment and personnel necessary to perform the subsurface investigation. In-place Nuclear Moisture-Density Testing. The first 1'/Z hour charge item for the nuclear moisture-density test includes technician time, mobilization, transportation, and gauge charges. Price per unit of work or hourly rate annual adjustment. Some of the price per unit of work or hourly rates may be adjusted annually with each renewal in an amount not to exceed the percentage Construction Cost Index as published by Engineering News- Record. The average 2016 Construction Cost Index of 10338 shall be used as the base index when determining the annual percentage adjustment for the twelve (12) months following the effective date. Report preparation/Engineering Review. The rates in this fee schedule include report preparation and engineering review. There shall not be a line item for report preparation and engineering review for any of the services. The City will request quotes on additional tests not included in this fee schedule. City of Fort Worth,Texas Geotechnical Engineering and Materials Testing services Annual Contract-2017 Page 14 of 14 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2017 DATE: Tuesday, June 20, 2017 REFERENCE NO.: **C-28278 LOG NAME: 202017 GEOTECH ENGINEERING AND MATERIALS SERVICES CONTRACTS SUBJECT: Authorize Execution of One-Year Annual Contracts with Renewal Options for Geotechnical Engineering and Materials Testing Services for Various Construction Projects with Twelve Companies: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas— Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and T Smith Inspection and Testing, LLC, Each for a Fee Not to Exceed $500,000.00 Annually (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual contracts with Alliance Geotechnical Group,.Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas— Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and T Smith Inspection and Testing, LLC, for geotechnical engineering and materials testing for various construction projects. The term of each Agreement is one-year with two one- year renewal options. The annual amount of each contract is up to $500,000.00. DISCUSSION: A Request for Proposals (RFP) was published for these services in the Fort Worth Star-Telegram on February 2, 2017, February 9, 2017, February 16, 2017 and February 23, 2017. The Transportation and Public Works Department received written Statements of Qualifications (SOQ) on March 2, 2017 from 21 firms. Each firm's SOQ was evaluated based upon pre-established selection criteria including qualification of personnel, experience, performance on previous City contracts and availability of testing equipment. An inter-departmental committee selected the most qualified, and now recommends the following firms for contract approval: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas— Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and T Smith Inspection and Testing, LLC. Funding for the geotechnical engineering and materials testing services for City projects will be provided through various project funding sources. Services for the developer projects will be paid by the developers who initiate the construction projects. M/WBE OFFICE - M/WBE Office in conjunction with the Transportation and Public Works Department has determined compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this project. Eight of the twelve firms recommended for award are SBE certified: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas—Chelliah Logname: 202017 GEOTECH ENGINEERING AND MATERIALS SERVICES CONTRACTS Page I of 2 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, on a project by project basis of the Water Capital Fund, the Sewer Capital funds and the TPW CFA Fund. Prior to an expense being incurred, the participating department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Roy Teal (7958) Additional Information Contact: Zelalem Arega (8930) ATTACHMENTS 1. BDE Geotechnical Engineering .pdf (CFW Internal) 2. Form 1295 Certificate 100214967 Signed 5-30-17CMJ Geotech.pdf (Public) 3. Form 1295 Geotech 12 Engineers(Revised).pdf (Public) 4. Forn1295 Terracon Geotech.pdf (Public) 5. SAMS EPLS for all 12 Firms.pdf (CFW Internal) Logname: 202017 GEOTECH ENGINEERING AND MATERIALS SERVICES CONTRACTS Page 2 of 2 .aco CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/06/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McLaughlin Brunson Insurance Agency PHONE Joe A Bryant FAX 12801 N. Central Expressway AIC Na Ext: (214) 503-1212 AIC No:(214) 503-8899 Suite 1710 E-MAIL Dallas TX 75243 ADDRESS: certificate@mclaughlinbrunson.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Casualty & Surety Co 19038 Landtec Engineers, LLC INSURER C:Travelers Indemnity Company 25658 1700 Robert Rd. INSURERD:Travelers Prop Casualty Co of Am 25674 Suite 101 Mansfield TX 76063 INSURERE:Berkley Insurance Company 32603 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 35435 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED D X COMMERCIAL GENERAL LIABILITY Y Y 6806HO56289 01/01/2017 01/01/2 01 PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE X❑OCCUR MED EXP(Any one person) $ 10,000 X X,C,U Coverage PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY X jRCO� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO Y Y BA1956L10A 06/02/2017 0 6/02/2 018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ C X UMBRELLA LIABX OCCUR Y Y CUP811SY120 01/01/2017 Dl/01/201 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR I I CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATIONWC STATU- OTH- B AND EMPLOYERS'LIABILITY Y/N Y UB5240Y710 01/01/2017 01/01/2018 X TORY LIMITS E ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatoryin NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Professional Liability Y AEC-9012891-01 01/05/2017 01/05/2018 Per Claim $ 2,000,000 Annual Aggregate $ 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of the certificate holder on all policies.City of Fort Worth, its officers, employees and servants are named as additional insured on the general, auto and umbrella liability as required by contract. A waiver of subrogation is shown in favor of the additional insured on the workers compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Department of Transportation and Public Works 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 % ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2.3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-203381 LandTec Engineers,LLC Mansfield,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the contract for whlcFthe form is 05/05/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid Number 2017-GEOC Geotechnical Engineering Services and Construction Material Testing Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Thomas D,Baker Mansfield,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. .. —— ""�., JULIA K.MCCORMACK a Notory Public.Stole of Texos sa �'Comm.Expires 01•47.2018 yti!%1 7 ... Notaty ID 125449004 Signature of authorized agent of contracting business entity un,ua AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the sald IT1'i.oti A.ti IS .'12)ter.fir..- ,this the day of , 20 ,,to certify which,witness my hand and seal of office. Signaaue of officer administering oath PdrAed flame of olsoer adiviinistering oath TWe of officer admkftwft oaW Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883