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HomeMy WebLinkAboutContract 38648Y � ECPr �- .o,IN 441AC rqc� 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 10 day of March, 2009 M & C authorized by and between the CITY OF FORT WORTH, a municipal corporation located in Tarrant, Denton, and Wise Counties, Texas, ("City") acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, and Terracon Consulting Engineers & Scientists Inc., an independent contractor, ("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 II 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 Transportation and Public Works. Testing or other work will be directed by the respective project Inspector assigned to the project by the Department of Transportation and Public Works. Contract administration and quality control will be performed by the Laboratory Division of the Department of Transportation and Public Works. 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. �j'�FO�i�AL RECORD D��(�CRETARY FT. WORTHI TX � ORIGINAL Section 2. City agrees to pay Laboratory for testing services on a unit price authorized test basis. 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, hereto, marked "Attachment B", and incorporated herein for all purposes incident to this contract. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Two Hundred Thousand Dollars ($200,000.00) per year. The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Laboratory's invoice for payment of same. Acceptance by Laboratory of said payment shall operate as and shall release the City from all claims or liabilities under this contract for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM Section 1. The term of this Agreement shall commence on the effective date and shall be for a term of one (1) year, 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 (2) 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. MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT Page 2 of 9 ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION 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 MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT Page 3 of 9 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. 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 Transportation and Public Works' 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 A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT Page 4 of 9 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. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for Laboratory's insurance. j. Laboratory's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the contract, Laboratory shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Laboratory's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Laboratory shall provide complete copies of all insurance policies required by these contract documents. n. If insurance policies are not written for specified coverage limits, Umbrella or Excess Liability insurance for any difference is required. Excess Liability shall follow form with the primary coverage. ARTICLE VII ASSIGNMENT AND AMENDMENT Section 1. City and Laboratory each bind themselves, and their respective legal successor and assigns, to this agreement. Laboratory, its successors and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. Section 2. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed by the parties. MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT 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. MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT Page 6 of 9 (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. ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Laboratory acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Laboratory may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE XI OBSERVE AND COMPLY Laboratory shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Laboratory agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE XIII VENUE Should any action, whether real or asserted, at law or in equity, arise out of or under this Contract, venue for said action shall be exclusively in Tarrant County, Texas. ARTICLE IX NO TIIIRD 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. MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT Page 7 of 9 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 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: 1. CITY OF FORT WORTH: William A. Verkest, Director Department of Transportation and Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 2 LABORATORY: Terracon Consulting Engineers &Scientists, Inc. 2501 East Loop 820 North, Fort Worth, TX 76118 MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT 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. Executed this the ZVday of A, 2009 ATTEST: BY$ Marty Hendiqx City Secretary ,ontract Au�,.k�ox i za�t ion I Date MATERIALS TESTING, INSPECTION, LABORATORY SERVICES AGREEMENT CITY OF FORT WORTH BY: 66z Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: William A. Verkest, A Director Tr ansportation/Public Works Dept. Laboratory: Terracon Consulting Engineers & Scientists, Inc. By: 1 Kemp E. Akeman Principal p�l*ICIAL RECORD CITY c.�CRETARY FT WORTH, TX Page 9 of 9 z 1 of 1 SCOPE OF CONSTRUCTION MATERIAL TESTING To perform, quality control and inspect a variety of public works projects including the construction of streets, curbs, sidewalks, drainage facilities, underground utilities and related structures; to ensure compliance with the Section 6 of Pavement Design Standards Quality Control/Quality Assurance of Fort Worth transportation & Public Works City standards published 2005, to maintain records and prepare reports on projects inspected. The scope of work contain but not limited to the following tests: Moisture Density Relationship Asphalt Density Proctor Unit Weight Atterburg Limits Raw PI Bar Lineal Shrinkage PH Series Texas Wet Ball Mill Grain Size Analysis -200 Sieve Analysis Gradation: Rock - Crushed Stone for Embedment Sand - Backfill Water & Sewer Lime Field Gradation Cement Field Gradation Core: Test Hole Analysis Concrete Asphalt Compression: Cylinders Cores LAA (Los Angeles Abrasion) • 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 materials and density field tests to assure material and workmanship quality; coordinate results of tests. • 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 plan check activities and findings. • Ability to respond promptly to the City's request for services. FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Concrete Compression Test Cylinders (Min. 4 per set), each $16.00 Air Content/Slum /Ten erathire/Next Day Cylinder Pick up, hour $38.00 (Nlin 3 hours) Vehicle charge in case of usage $25.00 Flexural Beams, each $27.00 *** Coring (4" DIA to 6" depth 4/trip) ***$59.00 per add inch $6.35 (Min 4 per trip) 2" Coring for depth isolation to 6" each additional inch $42.00 (NI in 4 per trip) Thickness Measurement, each $9.00 Patching of Core Holes, each $6.00 Coring Technician Time, hour $38.00 Flexural Test of Beams, each $27.00 Compression Test, each $58.00 Sawing and/or Capping Cores & Cylinders, each Compression Test of Cores, each Compression Test Specimen Hold Mix Design Review, each $105.00 Mix Design Formulation w/Aggregate Tests Include Specific Gravity/Sieve Analysis/Unit WT-200, each $580.00 Additional Mix Design Utilizing Above Mix Analysis, each $210000 Mix Design Formulation Revision, each $210,00 Engineering Tech (NICET) for Quality Assurance Monitoring of Onsite Work, hour $48.00 Pre- our Reinforcing Steel Placement Inspection, hour $38.00 Sampling for In lab Test, hour $42.00 Equipment Charge N/C Minimum Vehicle Charge $30.00 Batching Mix Design in Preparation for Making Lab Confirmation Cylinders or Beams, hour $38.00 Batch Plant Observation Supporting Concrete Placement, hour $48.00 Concrete Flatness, Sq. Ft. per sq. ft. $0.02 min. $530.00 Certified Welding Inspector, hour $65.00 Field Gradation Equipment, test N/C Slump Test, each Include in Technician time *** Includes Cost of Technician Time Coring and Patching Core Holes Page 1 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings HMAC ++ Density Nuclear Method, hour ++ $47.00 Core In place Density, each $34.00 Coring HMAC Technician Time, hour $59.50 (Min 4/trip) Core Depth Measurement, core Patching Core Holes, each Min Vehicle Charge 4" DIA./6" Depth, core $45.00 Each Additional Inch, Inch %JO *** Rolling Pattern Nuclear Gauge, hour *** $47.00 Nuclear Moist -Lire Density Gauge, day Included in rate Extraction and Gradation, each $180000 Lab Density, each $45.00 Stability Test, each $170,00 Maximum Specific Gravity, each $78.00 Disposal Fee N/C Batch Plant Hot Bin Analysis, each $58.00 Material Sampling For In Lab Tests, hour $4100 *** Includes Gauge Charge ++ First hour and half $165.00 any additional time after that is $47.00 per hour, (includes Technician Time, Mobilization, Vehicle, Trip and Gauge Charge), Page 2 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Professional Chief Engineer/Scientist, hour $145.00 Senior Technician, hour $48000 Senior Project Engineer/Professional Engineer, hour $125000 Project Engineer/Scientist/Geologist, hour $105000 Graduate Engineer/Project Manager, hour $88000 Staff Scientist/Geolo ist/En ineer, hour $88000 Project Inspector, hour $48400 Clerical, hour $32.00 Drafter, hour $38000 Engineering Technician, hour $44.00 Engineering and Report Review, hour $105*00 Page 3 of 5 FEE SCMEDULE For Construction Material Testing and Geotechnical Borings Geotechnical Undisturbed Soil Sam le, each $12.00 (per R.) Visual Classification, each $12.00 Classification ASTM D-2487, each $105600 Sample Extrusion, each N/A Sam le Preparation, each $10.00 Atterburg Limits RAW PI, each $50.00 Soil Nv/Additive, each $55.00 Bar Lineal Shrinkage, each $20.00 Moisture Density Relationship (Proctor) $150600 Standard (ASTM D-698), each Moisture Density Relationship (Proctor) $179000 Modified (ASTM D-1517), each THD 113E, each $190.00 Unit Weight, each $30.00 Unit Weight (Dry Rodded), each $30.00 -200 Sieve Analysis, each $32.00 Laboratory Moisture Content, each $8.00 Sieve Analysis (Fine Aggregate), each $62.00 Sieve Analysis (Large Aggregate), each $62.00 Sieve Analysis Finer than 200 Sieve), each $35.00 Lime or Cement Series Determination (5points), each $275.00 Optimum Lime Content, each $215.00 H Series (6points), each $215,00 Specific Gravity, each $45.00 Absor tion, each $25.00 Los Angeles Abrasion (Large Aggregate), each $235.00 Los Angeles Abrasion (Small Aggregate), each $215.00 Texas Wet Ball Mill, each $175900 Gradation (Lime or Cement Stabilized), each Limed Soil Depth Measurement, each ++$47.00/Hr ++$47.00 ++ In Place Moisture Density (Nuclear Method Technician), hour Grain Size Analysis (Mechanical and Hydrometer), each $ I55.00 Unconfined Compression Test Including Moisture, each $35.00 Unconfined Compression Test Soil, each $30.00 Unconfined Compression Test Rock, each $40.00 Confined Compression Test UU), each $104600 Triaxial Test Unconsolidated Undrained, s eci $85.00 Triaxial Test Multiple Stage, sta e $335400 Triaxial Consolidated Undrained w/Pore Pressure Measurement, s eci $675,00 Triaxial Consolidated Drained Multiple Stage, stage $675,00 Triaxial Consolidated Drained Single Stage, stage $335.00 Triaxial Consolidated Drained Three Stage, stage $800,00 Consolidated Test, each $375.00 Direct Shear Consolidated Drained Sand & Gravel, point $225,00 Direct Shear Consolidated Drained Silt & Clapoint $375,00 Direct Shear Consolidated Undrained Sand & Gravel, point $200.00 Direct Shear Consolidated Undrained Silt & Clay,point $225.00 Page 4 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings California Beai n > Ratio, each $275.00 THD Triaxial, each $840,00 Percent Swell, each $90.00 Permeability Test Falling Head, each $225.00 Permeability Test Triaxial, each $325600 Permeability Test Flex Wall, each $325.00 Permeability Test Fixed Wall, each $225,00 Permeability Test Clay Soils, each $310,00 Permeability Test Granular Soils, each $275.00 Permeability Test Pressure Head w/Beck Pressure Saturation, each $375000 Electrical Resistivity, THD Method, each $105.00 Truck Mounted Mobilization, mile and trip Mile - $3.75 Trin _ 4 11; nn Buggy/Ave Mounted, mile and trip Mile - $6.00 Trip - $450.00 Per Diem Per Man, day $95.00 Intermittent Soil Sampling w/Truck n 5' Intervals 0.25' De tli, foot $12.00 Intermittent Soil Sampling w/Truck c 5' Intervals 25-50' Depth, foot $13.50 Intermittent Soil Sampling w/Truck @ 5' Intervals 50-100' Depth, foot $16.00 Continuous Soil Sampling w/Truck 0-10' Depth, foot $16.00 Intermittent Soil Sampling w/ATV @ 5' Intervals 0-25' Depth, foot $13.00 Intermittent Soil Sam ling w/ATV @ 5' Intervals 25-50' Depth, foot $14.50 Intermittent Soil Sampling w/ATV @ 5' Intervals 50-100' Depth, foot $17.00 Continuous Soil Sampling w/ATV 040' Depth, foot $15.00 Continuous Soil Sampling w/ATV 10-50' Depth, foot $19.00 Auger Drilling Without Sample, foot $10.00 Rock Coring w/NX Size, Core Barrel 0.25' Depth Carbide Bit, foot $19.00 Rock Coring w/NX Size, Core Barrel 25-50' Depth Carbide Bit, foot $21.00 Rock Coring w/NX Size, Core Barrel 50-75' Depth Carbide Bit, foot $22.00 Rock Coring w/NX Size, Core Barrel 75-100' Depth Carbide Bit, foot $26.00 Rock Coring w/NX Size, Core Barrel 50-75' Depth Diamond Bit, foot $28.00 CME 5' Continuous Sampler 0-50' Depth, run $16.00 Per Fr Stand By or Access Time, hour $175.00 Drilling w/Au er Rig, hour $150.00 Minimum Drill Fee $700.00 Post Injection Sub -grade Evaluation Per Boring Including Moisture and Free Swell Determination $575.00 Minimum Post Injection Char e $1100400 Field Time Engineer, hour $105,00 *** Includes Gauge Charge ++ First hour and half $165.00 any additional time after that is $47.00 per hour, (includes Technician Time, Mobilization, Vehicle, Trip and Gauge Char e). Page 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/10/2009 DATE: Tuesday, March 10, 2009 REFERENCE NO.: C-23394 LOG NAME: 20GEOTECH Execute Various Agreements in an Amount up to $200,000.00 Each with Terracon Consulting Engineers and Scientists, T. Smith Inspection and Testing Services, Globe Engineers, Inc., CHA Inc., Fugro Consultants LP, CMJ Engineering, Inc., and Professional Service Industries, Inc., for Geotechnical and Materials Testing Services for Developer Projects i�l.i 1. V1YLYlL1V H1!( jr: It is recommended that the City Council authorize the City Manager to execute agreements in an amount up to $200,000.00 each with Terracon Consulting Engineers and Scientists, T. Smith Inspection and Testing Services, Globe Engineers, Inc., CHA Inc., Fugro Consultants LP, CMJ Engineering, Inc., and Professional Service Industries, Inc., for geotechnical and construction materials testing for various developer projects, for one year with two one—year renewal options. DISCUSSION: In order to help assure a minimum of premature street failures in newly developing areas of the City, staff in 2006 took several proactive steps including shifting the responsibility for geotechnical and construction materials testing from the developer to the City of Fort Worth. Beginning in 2006 the bulk of this testing has been provided through contracts with private geotechnical and materials testing firms. In May 2008 City staff received Statements of Qualification for professional services and is recommending the approval of contracts with the listed professional testing firms for providing onsite testing services. City staff will administer these contracts. The initial contract period will be for one—year• with two one—year renewal options with an annual fee in an amount up to $2009000.00 for each agreement. Eighteen different firms responded to the Request for Qualifications. Of those eighteen, the following seven firms were selected for this annual contract: Terracon Consulting Engineers and Scientists T. Smith Inspection and Testing Services Globe Engineers, Inc. CHA INC. Fugro Consultants LP CMJ Engineering, Inc. Professional Service Industries• Inc. Based upon the magnitude of effort involved, staff is recommending that the City enter into conh•acts with all seven firms selected by a staff committee that ranked the respondents on published criteria. Funding for the geotechnical and construction materials testing services will be provided through currently established fees collected at the time of execution of the Community Facilities Agreement(s). These fees are paid by the developers who initiate the construction projects. The City will not expend funds until construction begins. All seven of the firms are in compliance with the City&rsquo;s M/WBE Ordinance by each committing five percent M/WBE participation. The City&rsquo;s goal on this project is five percent. The Financial Management Services Director certifies that funds are available in the current capital budgets as appropriated of the various Capital Improvement Program Funds, Fernando Costa (6122) William A. Verkest (7801) Andy Anderson (8648) No attachments found. ACORDrm CERTIFICATE O LIABILITY Y INSUR/°i NCE 1/1/2010 DA5/27/2009 Y) PRODUCER Lockton Companies, LLC-I Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, (816) 960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED TERRACON CONSULTANTS, INC. INSURER A: AMERICAN INTL. SPCLTY. LINES INS CO 1312893 2501 EAST LOOP 820 NORTH INSURER B: AN AIG COMPANY A+XV (CHICAGO) FORT WORTH TX 76118 INSURER C: Travelers Property Casualty Company ofAtnerica 25674 INSURER D: The Travelers Indemnity Company 125658 INSURER E: T,eXington Ins 119437 rnVFRAGFB TF.RCO01 PC SIURERISI.ICATEAUTHORI AUTHORIZED REEPRESENTATIIVETOR PRODUCER AND THE CERTICONSTITUTE A CONTRACT FICATE EEN HOLIDER�NG 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 000 000 PREM SES Ea occurence $ 100,000 A X COMMERCIAL GENERAL LIABILITY PROP3779274 1/1/2009 1/1/2010 IVIED EXP (Any one person) $ 55000 CLAIMS MADE XD OCCUR PERSONAL R ADV INJURY $ I,O opo CONTR'L LIABILITY GENERAL AGGREGATE $ 2,0001000 PRODUCTS - COMP/OP AGG $ 13000,000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY X PRO CT LOC JE C AUTOMOBILE LIABILITY X ANY AUTO TJ-CAP- 13 1 J3858-TIL-09 1/1l2009 I/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ I,000,000 C ALL OWNED AUTOS SCHEDULED AUTOS TJ-BAP-131J3895-TIL-09 1/1/2009 1/1/2010 BODILY INJURY (Per person) $ XXXXXXX X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX UMBRELLA DEDUCTIBLE FORM $ XXXXXXX $ XXXXXXX RETENTION $ $ XXXXXXX D C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE TC2K-UB431J3742-09 (AOS) TRJ-UB431J3846-09 1/1/2009 1/1/2009 1/1/2010 1/1/2010 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under NO SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 1,0001000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000 E OTHER 015054489 1/1/2009 1/1/2010 $1.000,000 EACH CLAIM & PROFESSIONAL $1.000,000 ANNUAL AGGREGATE LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 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 1���)✓TII<I CITY OF FORT WORTH FORT WORTH TX 76116 ATTN: ANDY ANDERSON 8851 CAMP BOWIE WEST BOULEVARD, SUITE 300 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 7HE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) For questions regarding this certificate, contact the number listed in ihe'Producer'sectlon above and specify the clie�.ode •#kC001'. ©ACORD CORPORATION 01000 N.csLC Review Page 1 of 1 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 4/28/2009 FoR H DATE: 4/28/2009 REFERENCE NO.: **C-23468 LOG NAME: 20GEOTECH2 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Approve the Correction of M&C C-23394 to Change the Name of Terracon Consulting Engineers and Scientists to Terracon Consultants, Inc. RECOMMENDATION: It is recommended that the City Council approve the correction of M&C C-23394 to correct the name of one of the contracting entities from Terracon Consulting Engineers and Scientists to Terracon Consultants, Inc. DISCUSSION: On March 10, 2009, the City Council authorized the approval of M&C C-23394. One of the contracting entities was listed incorrectly as Terracon Consulting Engineers and Scientists. The correct contracting entity's name is Terracon Consultants, Inc. All other items on M&C C-23394 remain the same. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this transaction will have no material effec on City Funds. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Fernando Costa (6122) William Verkest (7801) Martin Phillips (8447) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=ll568&councildate=4/28/2009 5/22/2009 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 3/10/2009 FORT V�ORTH _� DATE: 3/10/2009 REFERENCE NO.: C-23394 LOG NAME: 20GEOTECH CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING: SUBJECT: Execute Various Agreements in an Amount up to $200,000.00 Each with Terracon Consulting Engineers and Scientists, T. Smith Inspection and Testing Services, Globe Engineers, Inc., CHA Inc., Fugro Consultants LP, CMJ Engineering, Inc., and Profession Service Industries, Inc., for Geotechnical and Materials Testing Services for Developer Projects RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute agreements in an amount up to $200,000.00 each with Terracon Consulting Engineers and Scientists, T. Smith Inspection and Testing Services, Globe Engineers, Inc., CHA Inc., Fugro Consultants LP, CMJ Engineering, Inc., and Professional Service Industries, Inc., for geotechnical and construction materials testing for various developer projects, for one year with two one-year renewal options. DISCUSSION: In order to help assure a minimum of premature street failures in newly developing areas of the City, staff in 2006 took several proactive steps including shifting the responsibility for geotechnical and construction materials testing from the developer to the City of Fort Worth. Beginning in 2006 the bul of this testing has been provided through contracts with private geotechnical and materials testing firms. In May 2008 City staff received Statements of Qualification for professional services and is recommending the approval of contracts with the listed professional testing firms for providing onsite testing services. City staff will administer these contracts. The initial contract period will be for one-year with two one-year renewal options with an annual fee i an amount up to $200,000.00 for each agreement. Eighteen different firms responded to the Request for Qualifications. Of those eighteen, the following seven firms were selected for this annual contract: Terracon Consulting Engineers and Scientists T. Smith Inspection and Testing Services Globe Engineers, Inc. CHA INC. Fugro Consultants LP CMJ Engineering, Inc. Professional Service Industries, Inc. Based upon the magnitude of effort involved, staff is recommending that the City enter into contracts with all seven firms selected by a staff committee that ranked the respondents on published criteria. http://apps.cfwnet.org/council�acket/mc_review.asp?ID=10990&councildate=3/10/2009 5/22/2009 I�&C Review Page 2 of 2 Funding for the geotechnical and construction materials testing services will be provided through currently established fees collected at the time of execution of the Community Facilities Agreement (s). These fees are paid by the developers who initiate the construction projects. The City will not expend funds until construction begins. All seven of the firms are in compliance with the City's M/WBE Ordinance by each committing five percent M/WBE participation. The City's goal on this project is five percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets as appropriated of the various Capital Improvement Program Funds. TO_Fund/Account/Center_s Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS _F__ROM _Fund/Account/Centers Fernando Costa (6122) William A. Verkest (7801) Andy Anderson (8648) http://apes.cfwnet.org/council�acket/mc review.asp?ID=10990&councildate=3/10/2009 5/22/2009