HomeMy WebLinkAboutContract 52468 ' CITY SECRETARY
CONTRACT NO. Say g
cr �5 2p CITY OF FORT WORTH, TEXAS
cry° C9 �yo919 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
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STANDARD AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Terracon Consultants, Inc. (the "Consultant"), authorized to do business in
Texas, for a PROJECT generally described as: Geotechnical and Material Testing Services
for Developer Projects ("Professional Services").
City and Consultant have negotiated fixed rates for the Professional Services for the
benefit of the Development community and to ensure that the construction of community
facilities which will become assets of the City are built to a consistent standard.
Article I
Scope of Services
(1) Consultant hereby agrees to perform Geotechnical and Material Testing Services for
Developer Projects Professional Services as set forth in the Scope of Services
attached hereto as Attachment "A". A Developer or designated member of
Developer's team ("Developer Team"), may access these Professional Services
pursuant to a valid agreement between the City and the Developer for the
construction of community facilities.
(2) Developer or member of the Developer Team shall arrange for Professional
Services from Consultant pursuant to a generally acceptable written task order form
of Consultant's or Developer's making ("Task Order').
Additional Consultant services, if any, may be requested by a Developer at Developer's
sole cost.
Article II
Compensation
The City has arranged certain prices and fees payable by a Developer to Consultant.
Except as otherwise provided herein, the City has no financial obligation to Consultant
under this Agreement. Consultant shall be compensated by a Developer 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 a
Task Order.
The Consultant shall provide all test results and invoices to the Developer with copies to
the City. Payment by Developer for services rendered shall be due within thirty (30) days
of receipt by Developer of Consultant's invoice for payment of same, provided there is no
dispute regarding the performance of the particular services so ordered.
City of Fort Worth,Texas OFFICIAL RECORD
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024 CITY SECRETARY
Page 1 of 15
FT: NORTH, TX
Payment for additional Professional Services resulting from a retest or cancellation for a
given project is the responsibility of the Developer. Consultant shall be paid directly by
Developer for all services rendered under this Agreement, and evidence of such payments
shall be provided to City prior to the project's completion. Failure of Developer to pay
Consultant will result in the City withholding final close-out documents from the Developer
until Consultant is paid.
Acceptance by Consultant of Developer payments 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 Professional Services.
Article III
Term
(1) Unless terminated pursuant to the terms herein, this Agreement shall be for a term
of five years, beginning upon the Effective Date.
(2) The term of this Agreement 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.
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.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 2 of 15
(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 CITI9 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
Consultant shall not commence work under this Agreement until it has obtained all
insurance as shown on Attachment "C" 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.
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,
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 3 of 15
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.
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
Not applicable to this contract.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 4 of 15
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
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification
Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms
and supporting eligibility documentation for each employee who performs work under this
Agreement. Consultant shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any
Consultant employee who is not legally eligible to perform such services. CONSULTANT
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Consultant, shall have the right to immediately
terminate this Agreement for violations of this provision by Consultant.
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
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 5 of 15
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.
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
8851 Camp Bowie West Blvd
Fort Worth, Texas 76116
Consultant:
Terracon Consultants, Inc.
Attn: John Tupa, CET
2501 East Loop 820 North
Fort Worth, Texas 76118
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
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2270
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 6 of 15
of the Texas Government Code, if Consultant has 10 or more full time-employees and the
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract. The terms "boycott Israel" and "company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Consultant certifies that Consultant's signature provides written
verification to the City that if Chapter 2270, Texas Government Code applies,
Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the contract.
Article XVIII
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
Attachment C — Insurance Requirements and Consultant's Certificate of Insurance
ACCORDINGLY, THIS AGREEMENT has been duly executed by each party's designated
representative to be effective on the date subscribed by the City's designated Assistant City
Manager.
BY: BY:
CITY OF FORT WORTH CONSULTANT
Terracon Consultants, Inc.
Susa Alanis John Thpa;"C
Assistant City Manager Department Manager
Date: Ls% I } � t � Date: ( 8
City of Fort Worth,Texas
Geotechnical and Material Testing Services OFFICIAL RECORD
Contract for—Developer Projects 2019-2024
Page 7 of 15 CITY SECRETARY
FT. WORTH,TX
�� r�rr+ x rM
APPROVAL r«%,O vnvt�xENDru.
I
B y� kA fl-e— &
Stew ooke, Interim Director,
Transportation & Public 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.
Zelal m Arega, P.E.
Sr. Professional Engineer
APPROVED AS TO FORM AND LEGALITY
By:
Doug
Assistant City Attorney
Form 1295 No. N/A
.ATTEST: Al
Aj iY M&C No. N/A
M&C Date:
is
ry J. Kayser
City Secretary `_^� `. . �..•
City of Fort Worth,Texas ? ° C �®
Geotechnical and Material Testing Services r ` A V
Contract for—Developer Projects 2019-2024 41
Page 8 of 15 ,�TY 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 Atterberg Limits Test
o Bar Linear Shrinkage Test
o California Bearing Ratio (CBR)Test
o Free Swell Test
o In-Place Density Test Using Nuclear Gauge
o LA Abrasion of Coarse Aggregates
o Lime Series Test
o Lime/Cement Field Gradation and Depth Measurement
o Moisture Content Test
o Organic Content Test
o Sieve analysis of Fine and Coarse Aggregates
o Sodium or Magnesium Soundness Test
o Sodium/Magnesium Sulfate Soundness Test
o Soil pH Test
o Soil-Moisture Relationship (Proctor Test)
o Soluble Sulfate Test
o Specific Gravity and Absorption of Fine and Coarse Aggregates
o Texas Wet Ball Mill (WBM)Test
o Unconfined Compressive Strength Test of Soils and Rock Cores
• 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 Asphalt Content Test by Ignition Method
o Asphalt Mix Extraction and gradation Test
o Asphalt Pavement Coring and Thickness Measurement
o Bulk Specific Gravity Test of Cored Specimens
o Bulk Specific Gravity Test of Lab Molded Specimens
o In-Place Density of HMAC Pavement Using Nuclear Gauge
o Maximum Theoretical Specific Gravity Test
• 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.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 9 of 15
• 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 BIM 360 or Accela.
Remarks:
Scheduling of Services: Consultant is required to work closely with the Developer (or their
Contractor) for scheduling of all services on the project.
Test Reports and Invoices: Consultant is required to provide test reports and service
invoices to both Developer and City staff.
Utility Release Letter: Consultant may be required to submit a "Utility Release Letter' to
the City at the end of each utility work (and before liming of the subgrade proceeds)
indicating that in place moisture and density tests on the backfill material placed in utility
trenches (including franchise) has been performed in general conformance to the City of
Fort Worth specification and contract requirements.
Materials Testing Summary Letter: Consultant may also be required to submit a
"Materials Testing Summary Letter" at the end of the project indicating that all the testing
required by the City specification has been performed for the project. Both the "Utility
Release Letter" and the "Materials Testing Summary Letter" shall be sealed and signed by
a professional engineer.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 10 of 15
Attachment B — Compensation
The City of Fort Worth Fee Schedule for Geotechnical and Material Testing Services
for Developer Projects
TRANSPORTATION
Transportation, per trip.......................................................... $55.00/trip
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) .................................. $180.00/trip
Moisture content—ASTM D2216............................................. $15.00/each
Atterberg limits (LL, PL, PI)—ASTM D4318............................... $70.00/each
Atterberg limits with additive—ASTM D4318.............................. $75.00/each
Soil Visual Classification —ASTM D2488.................................. $15.00/each
Bar Linear Shrinkage—Tex-107-E........................................... $35.00/each
Organic content—ASTM D 2974............................................. $30.00/each
Sieve analysis of fine and coarse aggregates—ASTM
C136/136M......................................................................... $90.00/each
Percent passing #200 sieve—ASTM D1140/ C117..................... $50.00/each
Hydrometer analysis of fine-grained soils—ASTM D7928............. $175.00/each
Sp. gravity and Absorption (coarse aggregate)—ASTM C127....... $75.00/each
Sp. gravity and absorption (fine aggregate)—ASTM C128............ $75.00/each
LA Abrasion of small-size coarse aggregate—ASTM C131........... $320.00/each
LA Abrasion of large-size coarse aggregate—ASTM C535........... $320.00/each
Sodium or Magnesium Sulfate Soundness................................ $295.00/each
Texas Wet Ball Mill —Tex-116-E.............................................. $245.00/each
California bearing ratio (CBR) test—ASTM D1883...................... $320.00/each
Standard proctor—ASTM D 698.............................................. $205.00/each
Modified proctor—ASTM D 1557............................................. $235.00/each
Proctor additional charge for coarse aggregate correction
(ASTM D4718)..................................................................... $35.00/each
Soluble sulfate test—TEX-145-E............................................. $85.00/each
Unconfined compressive strength of soils—ASTM D2166............. $50.00/each
Unconfined compressive strength of rock cores —ASTM D7012..... $85.00/each
Free swell testing —ASTM D4546............................................ $105.00/each
Lime series using PI (6 points)................................................ $315.00/each
Lime series using pH (6 points), Tex-121-E............................... $295.00/each
Soil pH test, Tex-128-E.......................................................... $35.00/each
Gradation (lime or cement) and/or lime depth measurement
[Min. 3 hours, plus a transportation charge of$55 per trip]............ $60.00/each
Consolidation Test................................................................ Quote on Request
Triaxial test.......................................................................... Quote on Request
Direct Shear Test................................................................. Quote on Request
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 11 of 15
In-place Density
In-place density using nuclear gauge, first 1 1/2 hour
(ASTM D2950/2950M, ASTM D6938)....................................... $200.00
After the first 11/2 hour............................................................ $60.00/hr.
SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC)
Concrete Cylinder and Beam Tests
Making cylinders/beams, and air/slump/temperature tests
(Min. 3 hours)...................................................................... $55.00/hr.
Transportation (cylinders/beams/air/slump/temp) $55.00/hr.
Cylinder pick-up, including tech time and transportation (If not
scheduled with other work)..................................................... $180.00/trip
Curing and Strength test of concrete Cylinder—ASTM C39.......... $22.00/each
Curing and strength test of concrete beam —ASTM C293/C78...... $40.00/each
Concrete mix design and review............................................. Quote on Request
Concrete core Samples (min 4 cores per trip)
Transportation..................................................................... $55.00/trip
3" dia. or more concrete coring (Up to a depth of 6").................... $115.00/each
After a depth of 6.................................................................. $10.00/Inch
Less than 3" dia. concrete coring (Up to a depth of 6")................. $95.00/each
After a depth of 6.................................................................. $10.00/Inch
Core depth measurement...................................................... $15.00/each
Sample preparation and compressive strength test (Including
measuring, sawing, and capping of cores)................................. $75.00/each
Flagman if needed for safety and traffic monitoring..................... $55.00/hr.
Professional traffic control...................................................... Quote on request
SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC)
Asphaltic Concrete Mixes
Extraction and gradation Test................................................. $230.00/each
Maximum theoretical specific gravity—ASTM D2041................... $115.00/each
Lab molding of specimen (Tex-241-F, Tex-206-F)....................... $75.00/each
Bulk specific gravity of lab molded specimen (Tex-207-F)............. $40.00/each
Asphalt content by Ignition Method —ASTM D4125..................... $100.00/each
Asphalt mix design and review................................................ Quote on Request
In-place Density
In-place density using nuclear gauge, first 11/2 hour
(ASTM D2950/2950M, ASTM D6938)....................................... $200.00
After the first 1 1/2 hour............................................................ $60.00/hr.
Bulk specific gravity of core specimen- Tex-207-F....................... $55.00/each
Asphalt core Samples (min 4 cores per trip)
Transportation..................................................................... $55.00/trip
3" dia. or more asphalt coring (Up to a depth of 6")..................... $115.00/each
After a depth of 6.................................................................. $10.00/Inch
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 12 of 15
Less than 3" dia. asphalt coring (Up to a depth of 6")................... $95.00/each
After a depth of 6.................................................................. $10.00/Inch
Core depth measurement...................................................... $15.00/each
Flagman if needed for safety and traffic monitoring..................... $55.00/hr.
Professional traffic control...................................................... Quote on request
DRILLING AND RELATED SERVICES
Mobilization of Drill Rig.......................................................... $400.00/occurrence
Drill Rig Standby or access time.............................................. $250.00/hr.
Undisturbed samples (Shelby Tubes, fixed piston)...................... $17.00/foot
Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling)
0' — 50............................................................................... $17.00/foot
50' — 100'........................................................................... $20.00/foot
100' plus............................................................................ Quote on Request
Intermittent soil sampling, 5-ft intervals
0' — 50............................................................................... $19.00/foot
50' — 100'........................................................................... $23.00/foot
100' plus............................................................................ Quote on Request
Continuous soil sampling
0' — 50............................................................................... $22.00/foot
50' — 100'........................................................................... $26.00/foot
100' plus............................................................................ Quote on Request
High resistance soil/rock coring (for soils with N-values greater than 50)
0' — 50............................................................................... $34.00/foot
50' — 100'........................................................................... $39.00/foot
100' plus............................................................................ Quote on Request
STRUCTURAL STEEL INSPECTION
Certified welding inspector (min 4 hours)................................. $80.00/hr.
Magnetic particle testing (min 4 hours).................................... $80.00/hr.
Liquid penetrant testing (min 4 hours)....................................... $80.00/hr.
Ultrasonic testing (min 4 hours)............................................... $85.00/hr.
Material/Equipment fee ......................................................... N/A ($0.00)
PROFESSIONAL AND TECHNICAL SERVICES
Principal Engineer................................................................ $225.00/hr.
Senior Project/Geotechnical Engineer...................................... $195.00/hr.
Project Engineer/Scientist/Geologist........................................ $165.00/hr.
Staff (or Graduate) Engineer/Project Manager........................... $125.00/hr.
Senior Engineering Technician................................................ $70.00/hr.
Engineering Technician......................................................... $55.00/hr.
Drafter............................................................................... $65.00/hr.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 13 of 15
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
charge for Project Management (PM) may be included on each invoice up to a maximum
of 10% 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-
acceptance of the testing report by the City and a retest may be required.
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% hour charge item for the
nuclear moisture-density test includes technician time, mobilization, transportation, and
gauge charges.
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 and may
amend this Agreement to include the additional tests and associated fees.
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for-Developer Projects 2019-2024
Page 14 of 15
Attachment C — INSURANCE
(attached behind this page)
City of Fort Worth,Texas
Geotechnical and Material Testing Services
Contract for—Developer Projects 2019-2024
Page 15 of 15
Attachment C — Insurance Requirements and Consultant's Certificate of Insurance
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability(CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered by the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of the
Project. If Insured owns no vehicles, coverage for hired or non-owned is
acceptable.
Insured waives all rights against City and its agents,officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
c. Workers' Compensation— Insured shall maintain workers compensation and
employers liability insurance and, if necessary, commercial umbrella liability
CFW Standard Insurance Requirements Page 1 of 3
Rev. 10.03.18
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease- policy limit
$100,000 disease -each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Engineer pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall
maintain professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be claims-made, and maintained for the duration
of the contractual agreement and for three (3) years following completion of
services provided. The policy shall contain a retroactive date prior or equal to the
Effective Date of the Agreement or the first date of services to be performed,
whichever is earlier.An annual certificate of insurance shall be submitted to City
to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured
thereon, subject to any defense provided by the policy, as its interests may
appear. The term City shall include its employees, officers, officials, and
agents as respects the contracted services. Applicable policies shall each be
endorsed with a waiver of subrogation in favor of City with respect to the
Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
CFW Standard Insurance Requirements Page 2 of 3
Rev. 10.03.18
specified amounts of insurance required herein.
d. 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. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days' notice shall be acceptable
in the event of non-payment of premium.
f. 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.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Contract Compliance Manager any known loss or occurrence which
could give rise to a liability claim or lawsuit or which could result in a
property loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 10.03.18
ACO a CERTIFICATE OF LIABILITY INSURANCE DATE'M"JD° "
1/1/2019 12/14/2017
THIS CERTIFICATE 13 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 INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 13 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endoraement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsements).
PRODUCER Lockton Companies
444 W.47tb Street,Suite 900 PHONE TFAx
Kansas City MO 64112-1906 f4AAL
RifURER[N AFFORDING COVERAGE HAIL r _
INSURER A:Lexington I nsurancea 19437
INSURED TF.RRACON CONSULTANTS,INC. INSURER a:Travelers Prop" Casuall)Co ofAmerica 25674
1312893 2501 EAST LOOP 920 NORTH INSURER C:The Travelers Indemnit) Comps 25658
BUILDING 13 INSURER D:
FORT WORTH TX 76118 NNSURERE:
INSURER F:
COVERAGES TERC001 CERTIFICATE NUMBER: 10551203 REVISION NUMBER: xxxxxxx
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 CLAW.
LTR TYPE OF INSURANCE — . POLICY NUMeaR- - - -- r5 - --
B X COMMERCIAL GENERALUABILrrY y �Du
I TC2)-GLSA-11181.293 1/l2018 1/12019 EACH OCCURRENCE i 1.00Q000 _
CLAIMLS-MADE ®OCCUR OULA S 1.0m.000
X CONTRACTUAL UTAB ME)M a w oeman s25,000
X XCU COVERAGE _ PERSONALIADVINAIRY i 1,000,000
GEN'LAGGREGATE UNIT APPLIES PER GENERAL AGGREGATE Is 2,000,000
Poucr®M ❑Loc PRODUCTS-COw10PAGG r i 2.000,000 _
OTHER Is
B AUTOMOBILE LIABILITY , Y Y J TC21-CAP 131J3858 1/12018 '1/Il1019SINGLE
aCOMBINED I i 2,000,000
X ANY AUTO BODILY KRIRY ow Pomom i XX,-O=
I iOWNED I ACHE ED
AUTOS Y BODILY INJURY Pw OeddOrN'i )D=XXX
(_ HIRED
AUTOS ONLY NAUTOSO"ONLY PLx�c i XXXXXXX
is XXXXXXX
UMBRELLA UAB - OCCUR NOT APPLICABLE i
i EACH oqq"RENDE i XXXXXXX
EXCESS LIAR _ CWMIS MADE AGGREGATE S XXXXXXX _
DED RETENTIONS ixxxxxxx
WORKERS COMPENSATION
B AND EMFLOVERV LIABILITY Y TC21UB 1311374218((AOS1 1l12018 1/12019 X ER
C ANY PROPRIETORIPARTNERIF.XECUTNE YIN TRXUB1311384618(AZIdA,WI) 1/12018 1/12019 E.L.EACH ACCIDENT S L000.000, _
C DFF a FY/ /u1CT? a NIA TC2YUB131J374218(CA) 1/12018 ]l12019 — —
(MlmWalorylnNH) EL DISEASE-EA EMPLOYEE S 1,000,000
If yye0tt dgalba uMu
DESL�11Pr1ON OF OPERATIONS Ce1ow E.L.DISEASE-POLICY UNIT S 1.000.000
A PROFESSIONAL N NI 2103(1216 1/l2018 11/12 ec
019 $1,000,000 EACH CLAIM
LIABILITY SI,0W,0W ANNUAL AGGREGATE
I I
� f
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,AddWoml Rem*s SeMaduk,may Ca,Bathed 0 more"cc Is ropked)
RE:VARIOUS PROJECTS UNDER THE MSA DATED MAY 2009.CITY OF FORT WORTH,ITS OFFICERS,EMPLOYEES AND SERVANTS ARE
ADDITIONAL INSUREDS AS RESPECTS TO GENERAL AND AUTO LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF
SUBROGATION APPLIES WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION _
10651203
CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ATTN ANDY ANDERSON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
BOWIE WEST BOULEVARD,SUITE 300 8851 CAMP ACCORDANCE WITH THE POLICY PROVISIONS.
FORT WORTH TX 76116 AUTHORIZED REPRESE
NTA
019884016 ACORD CORPORATION. All rights reserved.
ACORD 2512016/03) The ACORD name and logo are registered marks of ACORD
F«m W-9 Request for Taxpayer Blue Fore,to to
(Rear.oclober2018) Identification Number and Certification requester.Do not
Intemel Rev r,�S=" ►Go to www.Ns send to the IRS.
Rrv/FormYVB for Ustructions end the latest irNormatlon.
t Name(as shown on your incorne tau retum).Name Is required on this Ine;do not leave this Ina btu*.
Terracon Consultants,Inc.
2 Business name/dlsregarded entity name,If dFW—W from above
0 Check appropriate box for federal tax aeselflcatfon of the person whose name is entered on line 1.Check only ono of the 4 Exemptions(codes apply only to
folktwlg seven boxes. certain entitles,not Individuals;she
Instructions on pope 3):
5 ❑ inchvawuaae proprietor or ❑r C Corporation ❑S corporation ❑ Partnership ❑Tnrsveetete
slhgb merlhber LLC Exempt payee code(11 5
❑ United liability company.Enter the tax classification(C=C corporation,S-S corporation,P-Partr►ersfrp)►
Note:Check the appropriate box in the One above for the tax classification of the sirgb-marnbar owner. Do not check ExwnpU rh tram FATCA reporting
LLC R the LLC Is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code
anoster LLC that is not disregarded from the owner for U.B.federal tax purposes.Otherwise,a singb rt►arnber LLC that (if
It disregarded from the owner should check the appropriate box for the tax classification of Rs owner.
Other(sae instructions)D, (Mw+w b•sae.u„rtiw.e cantor as u.s1
6 Address(nunber,,tree!,and apt.or sue no.)See hstnuctkme. Requesters name and address(opbonei)
10841 S Ridgetriew Road
6 City,state,and ZIP coda
Olathe.Kansas 68061
7 List account nnrnbar(s)two(op*m q
Taxpepir IdenWeetion Number(TIN)
Enter your TIN In the appropriate box.The TIN provided must match the name given on line 1 to avoid I social sociality Mrs
backup wRtth k*V.For Individuals,this is generally your social security number(SSN).However,for a
resident Wien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other -m -
entities,it Is your employer Identification number(E M.It you do not have a number,am How to get a FM
11111
TIN,Ister. or
NOW,If the account Is in more than one name,see the Instructions for Brie 1.Also see What Name and I Employpr Nerd lostim rwarbar
Number To Give the Requester for guidelines on whose number to enter.
M42 - 1 1 24 8 1 8 1 7
• Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer Ident1 ication number(or I ari wafting for a number to be Issued to me);and
2.1 am not subject to backup withholding because:(ar)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup,withholding;and
3.1 am a U.S.cRtrm or other U.S.person(defined below);and
4.The FATCA cods(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
CertMcstlon Instructions.You must cross out item 2 above If you have been ratified by the IRS that you are currently subject to backup withholding because
you have failed to report all Interest and dividends on your tax return.For real estate transactions,Rem 2 does not apply.For mortgage Interest paid,
acquisition or abarKkia tent of secured property,cancellations of debt,contributions to an Individual retirement arrangement(iRA),and generally,payments
other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later.
Sign
Hero U.S ► Daft► 6 18-2019
General instructions •Form 1099-DN(divkWx:Is,Including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise a Form 1099-MISC(various types of income,
noted. per ) prim,awards'or gross
Fuhre dawlopments.For the latest Information about developments .Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its Instructions,such as legislation enacted transactions b brokers)after they were published,go to www.hs.9ov/FbrmW9. y
•Form 1099-S(proceeds from real estate transactions)
Purpose of FoRn •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who Is required to flue an •Form 1098(home mortgage interest),1098-E(student ban Interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number a Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN) adoption
taxpayer Identification number(ATIM,or employer kderttffication number •Form 1099-A(acquisition or abandomtent of secured property)
(EIN),to report on an IMor►ation return the amount paid to you,or other Use Form W-9 only R you are a U.S.person(including a resident
amount reportable on an information return.Examples of Information alien),to provide your correct TIN.
returns Include,but are not limited to,the following. tl you do not return Form W-9 to the requester MM a TIN,you might
•Form 1099-INT(interest aemed or paid) be subject to backup wltltlwlding.See What is backup withholding,
Eater.
Cat.No.10231X Form W-g(Rev.10-2018)