HomeMy WebLinkAboutContract 33138 CITY SECRETARY Pi
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 9day of*dafio-nLl�ocairi
200 ; by
and between the CITY OF FORT WORTH, a municipal cTarrant,
Denton, and Wise Counties, Texas, ("City") acting herein by and through Marc Ott, its
duly authorized Assistant City Manager, and Terracon Consultants, 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
in the schedule of Fees and Services, attached authorized is. hereto, marked
I
L RIGINAL
"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 y
SERVICES AGREEMENT
TERRACON
Page 2 of 9
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
SERVICES AGREEMENT
TERRACON
Page 3 of 9
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 employer'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 AM 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
TERRACON
Page 4of9 r u. :' ;
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.
in. 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
TERRACON
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
published in the Texas Administrative Code in effect as of the time copying is
performed.
MATERIALS TESTING,INSPECTION,LABORATORY
SERVICES AGREEMENT
TERRACON
Page 6 of 9
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 AMBE 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
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
MATERIALS TESTING,INSPECTION,LABORATORY
SERVICES AGREEMENT
TERRACON
Page 7 of 9 t
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: Terracon Consultants, Inc.
Ralph B. Bames, Jr., Vice President
2601 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: CI OF FORT W
BY: B -. n -
Marty Hendrix Marc Otte
MATERIALS TESTING,INSPECTION.LABORATORY
SERVICES AGREEMENT
TERRACONVII
Page 8of9 fla ::' J `.U9 ''`✓,.e
City Secretary Assistant City Manager
APPROVAL RECOMMENDED: LABORATORY:
e� ' Tenacon Consultants,
Doug Rademaker, Director
Department of Engineering By:
ph . Barnes, Jr.
Vice President
APPROVED AS TO FORM AND �
LEGALITY: `
Contract Authorization
Date
Assistant rty Attorney
MATERIALS TESTING,INSPECTION,LABORATORY
SERVICES AGREEMENT
TERRACON !
J
Page 9 of 9
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.
• 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.
ATTACHMENT B
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Concrete
Compression Test Cylinders(Min.4 per set),each $15.00
Air Content/Slump/Temperature/Next Day Cylinder Pick up,hour $35.00 (Min 3 hours)
Flexural Beams,each $25.00
Coring(4"DIA to 6"depth 4/trip) ***$56.00 (Min 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 Cores&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(PIICET)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
��u' r+
Page 1 of 5 T , ,
1
ATTACHMENT B
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
HMAC
Density Nuclear Method,each ** $45.00 (3 Min)
Core Inplace Density,each $32.00
Coring HMAC Technician Time,hour
Core Depth Measurement,core
Patching Core Holes,each $56.00 (Min 4/trip)
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 L
J� ✓ f:L��� �_:u:c I
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
ATTACHMENT B
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Geotechnical
Undisturbed Soil Sample,each $11.00 (per fl-)
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 PL 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
In Place Moisture Density(Nuclear Method Gauge Charge)each $45.00 Included.Max
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,sped $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 Mile-$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
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Irerracon
Consulting Engineers&Scientists
November 4, 2005 2601 Gravel Drive
Fort Worth,Texas 76118
Phone 817.268.8600
Fax 817.268.8602
www.terracm.com
C.W. "Andy" Anderson, P.E., RPLS
Assistant Director of Engineering
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
Re: Laboratory Testing Contracts
Dear Mr. Anderson:
Section 2 of the Materials Testing, Inspection, and Laboratory Services Agreement sets
forth Additional Insurance Requirements that must be met under the Agreement. Two of
these requirements, Section 2(e), regarding A.M. Best ratings, and 2(f), regarding policy
deductibles, allow for deviations from the listed requirements for those sections with City
approval. Terracon is seeking City approval for the following deviations:
Section 2(e): Terracon's Professional Liability carrier is Terra Insurance, a carrier with a
A.M. Best rating of A:V, not A:VII. Terra Insurance is a long-standing,
reputable risk retention group specializing in coverage of engineers such
as Terracon. They have a strong financial record and will undoubtedly be
able to cover the policy limits the City is requiring under this agreement.
We therefore respectfully request that the City approve a deviation from
the contract requirements of A:VII and allow Terracon to provide
Professional Liability coverage with Terra Insurance, having an A.M. Best
rating of A:V.
Section 2(f): Terracon maintains the following deductibles for the required policies _
under this agreement:
• Commercial General Liability- $50,000
• Automobile Liability-$100,000 ,O
• Professional Liability- $500,000
As the Agreement requires deductible limits not to exceed $10,000,
Terracon is respectfully seeking a deviation from this requirement to allow
the above listed policy deductibles.
When considering both of these requests, we would like to remind the City that Terracon
is a company with revenues in excess of $175 million annually and is more than capable
of funding the above listed policy deductibles. In addition, we are also capable of self-
funding a professional liability claim up to the required policy limits in the extraordinarily
unlikely event that Terra Insurance should somehow be unable to satisfy its policy
requirements.
Delivering Success for Clients and Employees Since 1965
More Than 60 Offices Nationwide
November 4, 2005 Irerracon
City of Fort Worth
Page 2
Thank you for your consideration of these requests. Please contact me if you have any
questions regarding this request. If the City of Fort Worth agrees with these deviations,
please sign below and return a copy for our records
Sincerely,
TERRACON
alph . Barnes, Jr.
Vice President
I hereby authoriz nierracon Consultants, Inc. to deviate from the insurance
requirements in 5dctign 2(e) and Section 2(f) of the Materials Testing, Inspection, and
Laboratory Serv' gr ement as described above.
0�
Mar . Ott �
Title: Assistant City Manager
On behalf of the City of Fort Worth
This certificate is mecuted by Liberty Mu mallnswmrce Group as respect such insurance as is afforded by those compeme& BM0068
Certificate of Insurance
This certificateis asucd as a matter of indametim only and coa fan no rights upon you the came holder. This certificate is not an insurance policy and dons not amend,cdend,or alter the coverage
afforded the -es listed below.
This is to certify that(Name and address of Insured)
Terracon Consultants,Inc. Ob e'j`�.'��
`
2601 Caravel Drive,Building 3 =
Fort Worth,TX 76118 ]`/[u rs
is.at the issue date of this certificate,insured by the Conrpany under the policy(ies)listed below. The insurance afforded by the listed policyties)is subject to all their terms.cu:hnstons and conditiors and
is not ahered by am-ret iremem term or condition of aww conhact or other document with respect to which dus certificate mac-be issued.
Expiration TNExpiration Date(s) Policy Number(s) Limits of Liabil
Continuous* 07/01/2006 WA2-14D-425411-045 Coverage afforded under WC law of Employers Liability
Extended 07/01/2006 WC2-141425411-065 the following states: Bodily In' Accident
1w'Y BY
X Policy Term Irl:AX AZ.CA t_YJ.FL.G k Lk ID.1L. $1,000,000 Each Accident
K&KY.MN.M0.Mr.NC.ND.NE.ML Bodily Injury By Disease
NV,OK,Sr-17K M UT,cal,WY $1,000,000 Policy Limit
Workers Compensation Bodily Injury By Disease
$1,000,000 Each Person
General Aggregate-Other than Prod/Completed Operations
General Liability
Products/Completed Operations Aggregate
Claims Made
Occurrence Bodily Injury and Property Damage Liability Per
Occurrence
Retro Date Personal and Advertising Injury Per Person/
OrLyanization
Other Liability Other Liability
07/01/2006 AS2-141425411-075 Each Accident-Single Limit-B.L and P.D.Combined
Automobile Liability $1,000,000
Each Person
X Owned
X Non-Owned Each Accident or Occurrence
X Hired
Each Accident or Occurrence
C *WA Policy includes deductible endorsement with$350,000 deductible per occurrence claims(disease)with the provision that Liberty Mutual will(may)advance payment of
O the deductible amount—RE:Various Projects:7005 thru 2006.City of Fort Worth-its officers.employees and ser ants are additional insured with respect to auto liability where
M requited by written contract
Al
E
N
T
S
*if the certificate expiration date is continuous or extended term,you will be notified if cmemge is terminated or reduced before the certificate op ration date. However.cou will not be entified annuaky of
die continuation of coverage.
Specird A*ice-(,)trio:.Any perscm who.with irtetit to defnmd cc kwwmg that he she is(wditrting a Staid sprint an insurer.submits an appltcationorfiles a claim contamuug a false or
deceptive statement is guulq-of insurancef rau.
Important information to Florida pc6cy hoidens and cedif rote holders.in the event 3 ou have artyquestions cc need information about this certificate for any rea ca please co nano yotu l vd sales producer.
whose name and telephone immber appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number
Notice of cancellation (not applicable unless a number Of dn-s is entered below i Before the stated cTuation date the romp my will not cancel cc reduce the insurance afforded under the above
policies until at least 30 days notice of such cameliation has been matted to.
Office- OVERLAND PARK KS Phones 913-681-1700
Certificate Holder. CHRISTINA GRAVELY
City of Fort Worth Authorized Representative
Attn: Andy Anderson
1000 Throckmorton Street
Fort Worth, TX 76102
Date Issued: 12/23/2005 Prepared By: CH
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 2/9/2006
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% MM/BE
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/Account/Centers
Submitted for City Manager's Office by 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 2/9/2006