HomeMy WebLinkAboutContract 61148CSC No. 61148
CITY OF FORT WORTH, TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STANDARD AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule
municipality ("City"), and Kleinfelder, Inc., authorized to do business in Texas ("Consultant"),
for a project generally described as: Geotechnical and Material Testing Services for
Developer Projects ("Project").
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.
Payment for additional Professional Services resulting from a retest or cancellation for a
City of Fort Worth, Texas OFFICIAL RECORD
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029 CITY SECRETARY
Page 1 of 16 FT. WORTH, TX
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
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.
Article VI
Indemnification
The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY
AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 2 of 16
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF
OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-PERFORMANCE
OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT.
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all
insurance required under Attachment C and City has approved such insurance.
Article VIII
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts,
natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) (a) City may terminate this Agreement for its convenience on 30 days' written
notice.
(b) Either the City or the Consultant for cause may terminate this Agreement if
either Party fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such nonperformance within
5 days' of written notice or thereafter fails to diligently complete the correction.
(2) If City chooses to terminate this Agreement, upon receipt of notice of termination,
Consultant shall discontinue services rendered up to the date of such termination
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 3 of 16
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 XI
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 XII
Business Equity Participation
Not applicable to this contract.
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 4 of 16
Article XIII
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 XIV
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 XV
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 XVI
Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 5 of 16
City's or Consultant's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
Article XVII
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 XVIII
Notices
Notices regarding Articles IX or X are to be provided 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: Zelalem Arega
Transportation & Public Works
920 Woodward St
Fort Worth, Texas 76107
Consultant:
Kleinfelder, Inc.
Attn: David R. Boes, VP, Area Manager
7805 Mesquite Bend Dr., Suite 100
Irving, TX 75063
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2270
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
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 6 of 16
this contract, Consultant certifies that
verification to the City that if Chapter
Consultant: (1) does not boycott Israel;
term of the contract.
Consultant's signature provides written
2270, Texas Government Code applies,
and (2) will not boycott Israel during the
Article XX
Prohibition on Boycotting Energy Companies
Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more, which will be paid wholly or partly from public funds of the City,
with a company (with 10 or more full-time employees) unless the contract contains a
written verification from the company that it: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of the contract. The terms "boycott
energy company" and "company" have the meaning ascribed to those terms by Chapter
2276 of the Texas Government Code. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement,
Consultant certifies that Consultant's signature provides written verification to the
City that Consultant: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services
that has a value of $100,000 or more which will be paid wholly or partly from public funds
of the City, with a company (with 10 or more full-time employees) unless the contract
contains a written verification from the company that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (1)
does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
Article XXII
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 Agreement.
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 7 of 16
Article XXIII
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 Agreement:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: Mar 19, 2024
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
RrBy:Lauren P�9, 2024 07:30 CST)
Lauren Prieur
Director, Transportation & Public Works
BY:
CONSULTANT
Kleinfelder, Inc.
,DavlG( &V Eoes
David R Boes (Mar 6, 202410:12 CST)
David R. Boes
Vice President, Area Manager
Date:Mar 6, 2024
City of Fort Worth, Texas OFFICIAL RECORD
Geotechnical and Material Testing Services CITY SECRETARY
Contract for — Developer Projects 2024-2029 FT. WORTH, TX
Page 8 of 16
APPROVED AS TO FORM AND LEGALITY
M&C No.: N/A
19�
By:Douglas Black (Mar 18, 202423:36 CDT) M&C Date: N/A
Douglas W Black
Sr. Assistant City Attorney
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.
Zelalewl A,Va
7alal—, Ar— lMar7 70)417 49 CST)
Zelalem Arega
Construction Manager
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 9 of 16
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 2024-2029
Page 10 of 16
• 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 2024-2029
Page 11 of 16
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) ..................................
$190.00/trip
Moisture content — ASTM D2216.............................................
$16.00/each
Atterberg limits (LL, PL, PI) —ASTM D4318 ...............................
$72.00/each
Atterberg limits with additive — ASTM D4318 ..............................
$78.00/each
Soil Visual Classification — ASTM D2488..................................
$18.00/each
Bar Linear Shrinkage — Tex-107-E...........................................
$40.00/each
Organic content — ASTM D 2974.............................................
$35.00/each
Sieve analysis of fine and coarse aggregates — ASTM
C136/136M.........................................................................
$94.00/each
Percent passing #200 sieve — ASTM D1140/ C117.....................
$50.00/each
Hydrometer analysis of fine-grained soils — ASTM D7928.............
$190.00/each
Sp. gravity and Absorption (coarse aggregate) — ASTM C127.......
$80.00/each
Sp. gravity and absorption (fine aggregate) — ASTM C128............
$80.00/each
LA Abrasion of small -size coarse aggregate — ASTM C131...........
$325.00/each
LA Abrasion of large -size coarse aggregate — ASTM C535...........
$325.00/each
Sodium or Magnesium Sulfate Soundness ................................
$320.00/each
Texas Wet Ball Mill — Tex-116-E..............................................
$255.00/each
California bearing ratio (CBR) test — ASTM D1883......................
$340.00/each
Standard proctor — ASTM D 698..............................................
$215.00/each
Modified proctor — ASTM D 1557.............................................
$245.00/each
Proctor additional charge for coarse aggregate correction
(ASTM D4718).....................................................................
$40.00/each
Soluble sulfate test — TEX-145-E.............................................
$100.00/each
Unconfined compressive strength of soils — ASTM D2166.............
$60.00/each
Unconfined compressive strength of rock cores — ASTM D7012.....
$90.00/each
Free swell testing — ASTM D4546............................................
$115.00/each
Lime series using PI (6 points) ................................................
$320.00/each
Lime series using pH (6 points), Tex-121-E ...............................
$305.00/each
Soil pH test, Tex-128-E..........................................................
$40.00/each
Gradation (lime or cement) and/or lime depth measurement
[Min. 3 hours, plus a transportation charge of $55 per trip]............
$65.00/hr.
Consolidation Test................................................................
Quote on Request
Triaxial test..........................................................................
Quote on Request
Direct Shear Test.................................................................
Quote on Request
In -place Densitv
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 12 of 16
In -place density using nuclear gauge, first 1% hour
(ASTM D2950/2950M, ASTM D6938)....................................... $205.00/each
After the first 1'/2 hour............................................................ $65.00/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)......................................................................
Transportation (cylinders/beams/air/slump/temp)
Cylinder pick-up, including tech time and transportation (If not scheduled
with other work) .....................................................
Curing and Strength test of concrete Cylinder — ASTM C39..........
Curing and strength test of concrete beam — ASTM C293/C78......
Concrete mix design and review ............................................
Concrete core Samples (min 4 cores per trip)
Transportation.................................................................... .
3" dia. or more concrete coring (Up to a depth of 6")....................
After a depth of 6..................................................................
Less than 3" dia. concrete coring (Up to a depth of 6").................
After a depth of 6..................................................................
Core depth measurement......................................................
Sample preparation and compressive strength test (Including
measuring, sawing, and capping of cores) .................................
Flagman if needed for safety and traffic monitoring .....................
Professional traffic control ......................................................
$58.00/hr.
$55.00/hr.
$190.00/trip
$23.00/each
$45.00/each
Quote on Request
$55.00/trip
$110.00/each
$10.00/Inch
$95.00/each
$10.00/Inch
$17.00/each
$78.00/each
$58.00/hr.
Quote on request
SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC)
Asphaltic Concrete Mixes
Extraction and gradation Test .................................................
Maximum theoretical specific gravity — ASTM D2041...................
Lab molding of specimen (Tex-241-F, Tex-206-F).......................
Bulk specific gravity of lab molded specimen (Tex-207-F).............
Asphalt content by Ignition Method — ASTM D4125.....................
Indirect Tensile Strength Test ................................................
Hamburg Wheel Tracking Test ..............................................
Asphalt mix design and review ................................................
In -place Densitv
In -place density using nuclear gauge, first 1'/2 hour
(ASTM D2950/2950M, ASTM D6938).......................................
After the first 1'/2 hour............................................................
Bulk specific gravity of core specimen- Tex-207-F.......................
Asphalt core Samples (min 4 cores per trip)
Transportation.................................................................... .
3" dia. or more asphalt coring (Up to a depth of 6").....................
Aftera depth of 6..................................................................
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 13 of 16
$235.00/each
$120.00/each
$75.00/each
$45.00/each
$110.00/each
$395.00/each
$765.00/each
Quote on Request
$205.00/each
$65.00/hr.
$55.00/each
$55.00/trip
$110.00/each
$10.00/Inch
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...................................................... $17.00/each
Flagman if needed for safety and traffic monitoring ..................... $58.00/hr.
Professional traffic control ...................................................... Quote on request
DRILLING AND RELATED SERVICES
Mobilization of Drill Rig .......................................................... $475.00/occurrence
Drill Rig Standby or access time .............................................. $285.00/hr.
Undisturbed samples (Shelby Tubes, fixed piston) ...................... $19.00/foot
Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling)
0' — 50............................................................................... $20.00/foot
50' — 100'........................................................................... $22.00/foot
100' plus............................................................................ Quote on Request
Intermittent soil sampling, 5-ft intervals
0' — 50............................................................................... $22.00/foot
50' — 100'........................................................................... $25.00/foot
100' plus............................................................................ Quote on Request
Continuous soil sampling
0' — 50............................................................................... $25.00/foot
50' — 100'........................................................................... $30.00/foot
100' plus............................................................................ Quote on Request
High resistance soil/rock coring (for soils with N-values greater than 50)
0' — 50............................................................................... $40.00/foot
50' — 100'........................................................................... $45.00/foot
100' plus............................................................................ Quote on Request
STRUCTURAL STEEL INSPECTION
Certified welding inspector (min 4 hours) .................................
$85.00/hr.
Magnetic particle testing (min 4 hours) ....................................
$85.00/hr.
Liquid penetrant testing (min 4 hours) .......................................
$85.00/hr.
Ultrasonic testing (min 4 hours) ...............................................
$90.00/hr.
Material/Equipment fee .........................................................
N/A ($0.00)
PROFESSIONAL AND TECHNICAL SERVICES
Principal Engineer................................................................ $240.00/hr.
Senior Project/Geotechnical Engineer ...................................... $215.00/hr.
Project Engineer/Scientist/Geologist........................................ $170.00/hr.
Staff (or Graduate) Engineer/Project Manager ........................... $135.00/hr.
Senior Engineering Technician ................................................ $75.00/hr.
Engineering Technician......................................................... $58.00/hr.
Drafter............................................................................... $67.00/hr.
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 14 of 16
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'/2 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 2024-2029
Page 15 of 16
Attachment C — Insurance Requirements
(attached behind this page)
City of Fort Worth, Texas
Geotechnical and Material Testing Services
Contract for — Developer Projects 2024-2029
Page 16 of 16
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.
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 liabilityor 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 Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos 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.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — 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 written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) 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,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. 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
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
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 as determined by the City's Risk Management division.
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 Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City 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 coincidentwith or priorto 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. 5.04.21
4
Coverage Extension Endorsement Z U R I C H
PolicyNo. Eff. Date of Pol. Ex Date of Pal. pl/2023
Date of End. Producer No. Add'I. Prom Return Prom.
P-
�AP6124595-02 112023/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage:
The following are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't awn, hire or borrow for acts
performed within the scope of employment by you. Any "employee" of yours is also an "insured" while
operating an "auto" hired or rented under a contract or agreement in an °employee's" name, with your
permission, while performing duties related to the conduct of your business.
b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or
borrow to transport your clients or other persons in activities necessary to your business.
c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement.
d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract
or written agreement with you executed prior to any "accident", including those person(s) or organization(s)
directing your work pursuant to such written contract or written agreement with you, provided the "accident"
arises out of operations governed by such contract or agreement and only up to the limits required in the
written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.
2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other
Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you
executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained
by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond
the terms and conditions of the Coverage Form.
B. Amendment — Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability
Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an
"accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a
day because of time off from work.
U—CA424-F CW (04/14)
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C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply.
D. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
2. The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the
Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage
Coverage of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total 'loss" to a covered 'auto', we will pay any unpaid amount due on the lease or loan for a covered
"auto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and
b. Any:
(1) Overdue lease or loan payments at the time of the "loss";
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the
loan or lease; and
(5) Carry-over balances from previous leases or loans.
F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:
We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is
disabled. However, the labor must be performed at the place of disablement.
G. Extended Glass Coverage
The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and
is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass
repaired rather than replaced.
H. Hired Auto Physical Damage — Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the
following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for
loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We
will pay for loss of use expenses if caused by:
U—CA424-F CW (04/14)
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(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered
"auto".
(2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided
for any covered "auto'; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto'.
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.
I. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal properly owned by an "insured"; and
(2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cost to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered
"auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of
the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other
documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches,
precious or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade.
(5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".
J. Tapes, Records and Discs Coverage
1. The Exclusion in Paragraph 13.4.s. of Section III — Physical Damage Coverage in the Business Auto Coverage
Form and the Exclusion in Paragraph 113.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier
Coverage Form does not apply.
2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the
Physical Damage Coverage Section:
We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic
equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a) Are the property of an 'insured'; and
(b) Are in a covered "auto" at the time of "loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical
Damage Coverage Deductible Provision does not apply to such 'loss".
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K. Alrbag Coverage
The Exclusion in Paragraph B.S.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form
and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage
Form does not apply to the accidental discharge of an airbag.
L. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you
by us, the following applies for each covered "auto" on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
Z. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by
the amount of the smaller (or smallest) deductible.
M. Physical Damage — Comprehensive Coverage — Deductible
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to
Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations,
whichever is greater.
N. Temporary Substitute Autos — Physical Damage
1. The following is added to Section I — Covered Autos:
Temporary Substitute Autos — Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following
types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered
"auto" you do own but is out of service because of its:
1. Breakdown;
3. Repair;
3. Servicing;
4. "Loss'; or
5. Destruction.
Z. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos — Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or
omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other
party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it
replaces.
O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss
Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice
of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or
"loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited
liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any
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agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate
the insurance afforded by this policy.
Include, as soon as practicable:
(1) How, when and where the "accident" or "lass" occurred and if a claim is made or "suit" is brought, written
notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit";
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your
failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon
as practicable after the fact of the delay becomes known to you.
P. Waiver of Transfer Of Rights Of Recovery Against Others To Us
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only
applies to the person or organization designated in the contract.
Q. Employee Hired Autos — Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other
Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced
by the following:
For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and
(2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or
elected or appointed official with your permission while being operated within the course and scope of that
"employee's" employment by you or that elected or appointed official's duties as respect their obligations to you.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a cornered "auto".
R. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or
(2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not
provided to us prior to the acceptance of this policy.
S. Hired Auto — World Wide Coverage
Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
(5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less,
T. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,
resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
U-11424-F CW (04/14)
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U. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability
Coverage is replaced by the following:
Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or
property.
V. Physical Damage — Additional Temporary Transportation Expense Coverage
Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you
because of the total theft of a covered "auto' of the private passenger type. We will pay only for those
covered "autos" for which you cant' either Comprehensive or Specified Causes of Lass Coverage. We will
pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and
ending, regardless of the policy's expiration, when the covered 'auto' is returned to use or we pay for its
"loss".
W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto
The fallowing is added to Paragraph A. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or
"auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost
of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a
maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative
fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease
agreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of
propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,
either compressed or liquefied. To qualify as an "auto' powered by an alternative fuel source, the "auto' must be
powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by
biofuel, gasoline or diesel fuel or any blend thereof is nat an "auto' powered by an alternative fuel source.
X. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
If a covered "auto' is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay
only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.
All other terms, conditions, provisions and exclusions of this policy remain the same.
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0
Blanket Notification to Others of Cancellation ZURIC
or Non -Renewal
Polk No. Eff. Date of Pol. Ex Date of Po 1. Eff. Date of End. Producer No. AddT Preen Return Preen.
Y P
BAP 6124595-02 04/01/2023 04/01/2024 75272000 INCL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver
notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a
list provided to us by the first Named Insured if you are required by written contact or written agreement to provide
such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been
sent to the first Named Insured. Such list:
1. Must be provided to us prior to cancellation or non -renewal;
2. Must contain the names and addresses of only the persons or organizations requiring notification that such
Coverage Part has been cancelled or non -renewed; and
3. Must be in an electronic format that is acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records
as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail
❑r deliver such notification to each person or organization shown in the list:
1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
2. At least 30 days prior to the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; or
b. Non -renewal, but not including conditional notice of renewal.
C. Our mailing ❑r delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy
only. Our failure to provide such mailing or delivery will not:
1. Extend the Coverage Part cancellation or non -renewal date;
2. Negate the cancellation or non -renewal; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided
to us as described in Paragraphs A. and B. of this endorsement.
All other terms and conditions of this policy remain unchanged.
U-CA-832-A CW (01113)
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9
Additional Insured — Automatic — Owners, Lessees Or Z U R I C H
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GLO 6124594-02 1 Effective Date: 04/01/2023
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional Insured under a written contract or written agreement executed by you, but only
with respect to liability for "bodily injury", "properly damage" or "personal and advertising injury" and subject to the
following:
1. If such written contract or written agreement specifically requires that you provide that the person or organization
be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (10101 edition); or
b. The ISO CG 20 37 (10101 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the
extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.s. above; or
(2) "Your work", with respect to Paragraph 1.b. above,
which Is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense
occurs during the policy period and subsequent to your execution of the written contract or written
agreement; and
(b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the
"products -completed operations hazard" unless the written contract or written agreement specifically
requires that you provide such coverage to such additional insured.
2. If such written contract or written agreement specifically requires that you provide that the person or organization
be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 2010 (07104 edition); or
b. The ISO CG 20 37 (07104 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the
extent that "bodily injury", "property damage° or "personal and advertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf,
u-GL-2162 A CW (02119)
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
in the performance of:
(a) Your ongoing operations, with respect to Paragraph 2.a. above; or
(b) "Your work" and included in the "products -completed operations hazard°, with respect to Paragraph
2.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense
occurs during the policy period and subsequent to your execution of the written contract or written
agreement; and
(II) hoes not apply to 'bodily injury' or "property damage" caused by 'your work" and included within
the "products -completed operations hazard" unless the written contract or written agreement
specifically requires that you provide such coverage to such additional insured.
3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that
you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 10 (04113 edition, any subsequent edition or if no edition date is specified); or
b. With respect to ongoing operations (if no form is specified),
such person or organization is then an additional insured only to the extent that "bodily injury", "property damage"
or "personal and advertising injury" is caused, in whole or in part by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations, which is the subject of the written contract or written
agreement.
However, solely with respect to this Paragraph 3., insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Will not be broader than that which you are required by the written contract or written agreement to
provide for such additional insured; and
(c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense
occurs during the policy period and subsequent to your execution of the written contract or written
agreement.
4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that
you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 37 (04113 edition, any subsequent edition or if no edition date is specified); or
b. With respect to the 'products -completed operations hazard" (if no form is specified),
such person or organization is then an additional insured only to the extent that "bodily injury" or "property
damage" is caused, in whole or in part by "your work" and included in the "products -completed operations
hazard", which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 4., insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the written contract or written agreement to
provide for such additional insured;
(3) Only applies if the "bodily injury' or "property damage" occurs during the policy period and subsequent to
your execution of the written contract or written agreement; and
U-GL-2162 A CW (02119)
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
(4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the
"products -completed operations hazard" unless the written contract or written agreement specifically
requires that you provide such coverage to such additional insured.
B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement,
the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of
the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In
The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions:
The additional insured must see to it that:
(1 ) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
(2) We receive written notice of a claim or "suit" as soon as practicable; and
(3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued
by another insurer under which the additional insured may be an insured in any capacity. This provision does
not apply to insurance on which the additional insured is a Named Insured if the written contract or written
agreement requires that this coverage be primary and non-contributory.
D. Solely with respect to the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV —
Commerocial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an
additional insured, in which the additional insured on our policy is also covered as an additional insured on
another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not
apply to any policy in which the additional insured is a Named Insured on such other policy and where our
policy is required by a written contract or written agreement to provide coverage to the additional insured on a
primary and non-contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an
endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies
specifically to that identified additional insured.
u-GL-2162 A CW (02119)
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.S. or Paragraph A.4. of this
endorsement, the following is added to Section III — Limits Of Insurance:
Additional Insured — Automatic — Owners, Lessees Or Contractors Limit
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contractor written agreement referenced in Section A. of this endorsement, or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms, conditions, provisions and exclusions of this policy remain the same.
u-GL-2162 A CW (02119)
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Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
Blanket Notification to Others of Cancellation Z U RI C H
or Non -Renewal
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GLO 6124594-02 1 Effective Date: 04/01/2023
This endorsement applies to insurance provided under the:
Commercial General Liability Coverage Part
A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver
notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a
list provided to us by the first Named Insured if you are required by written contact or written agreement to provide
such notification. Such list:
1. Must be provided to us prior to cancellation or non -renewal;
2. Must contain the names and addresses of only the persons or organizations requiring notification that such
Coverage Part has been cancelled or non -renewed; and
3. Must be in an electronic format that is acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records
as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail
❑r deliver such notification to each person or organization shown in the list:
1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or
2. At least 30 days prior to the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium; or
b. Non -renewal, but not including conditional notice of renewal,
unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such
notification with respect to Paragraph 13.1. or Paragraph B.2. above.
C. Our mailing ❑r delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy
only. Our failure to provide such mailing or delivery will not:
1. Extend the Coverage Part cancellation or non -renewal date;
2. Negate the cancellation or non -renewal; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
U-GL-1521-B CW (01119)
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided
to us as described in Paragraphs A. and B. of this endorsement.
SCHEDULE
The total number of days for mailing or delivering with respect to Paragraph B.1. of
this endorsement is amended to indicate the following number of days:
The total number of days for mailing or delivering with respect to Paragraph B.2. of **
this endorsement is amended to indicate the following number of days:
* If a number is not shown here, 10 days continues to apply.
** If a number is not shown here, 30 days continues to apply.
All other terms and conditions of this policy remain unchanged.
U-GL-1521-B CW (01119)
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Includes copyrighted material of Insurance Services Office, Inc., with its permission.
0
Waiver Of Subrogation (Blanket) Endorsement Z U ICI C H
Policy No. I Eff. Date of Pol. I Exp. Date of Pol. ME Date of End. Producer I Add'L Prem Rewm Prom.
1-06124594-02 o112023 4/01/2024 4/01/2023 $ S
THIS ENDORSEMENT CHANGES THE POLICE'. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth-
ers, we agree to waives our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other
operations in which the insured has no contractual interest
U-GI-925 B CW (12101)
Page 1 of 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 99 06 43
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT
This endorsement adds the following to Part Six of the policy.
PART SIX
CONDITIONS
BKanlset Notlllcatbn io Others of Cancellatbn or Nonrenewal
1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such
policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by
you if you are required by written contract or written agreement to provide such notification. However, such
notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list:
a Must be provided to us prior to cancellation or non -renewal;
b. Must contain the names and addresses of only the persons or organizations requiring notification that
such policy has been cancelled or non -renewed; and
c. Must be in an electronic format that is acceptable to us.
Z Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of
the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such
notification to each person or organization shown in the list:
a Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of
premium; or
b. At least 30 days prior to the effective date of:
(1) Cancellation, if cancelled for any reason other than nonpayment of premium; or
(2) Non -renewal, but not including conditional notice of renewal.
3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only.
Our failure to provide such mailing or delivery will not:
a Extend the policy cancellation or non -renewal date;
b. Negate the cancellation or non -renewal; or
c. Provide any additional insurance that would not have been provided in the absence of this endorsement.
4k We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list
provided to us as described in Paragraphs 1. and 2. above.
All other terms and conditions of this policy remain unchanged.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Insurance Company
Policy No.
Endorsement No.
Premium $
WC 99 05 43 Page 1 of 1
(Ed. 01-13) Includes copyright material d the National Council on Compensation Insurance, Inc. used with its permission.
C-,, 2012 Copyright National Council on Corn pensall on Insuranoe, Inc. All Rights Reserved.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT
WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE
PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR
ORGANIZATION
This endorsement changes the policy to which itis attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 04/01 /2023 Policy No. WC 2422414 - 03
Insured Century Engineering, LLC
Insurance Company Zurich American Insurance Company Countersigned by
WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc.
WC 00 03 13
Endorsement No.
Premium $
Page 1 of 1
FORT WORTH
Routing and Transmittal Slip
TPW
Department
DOCUMENT TITLE: Kleinfelder Material Testinq PSA
M&C CPN
CSO # DOC#
DATE: 01 /16/2024
TO: IIJTI�kLS MY%-OR24
1. David R. Boes (DBoes(a)kleinfelder.com) (Signer Role)
2.
Zelalem Arega (Signer Role)
ZA
Mar 7, 2024
3.
Lewis Gregory (Approver Role)
ter,&
Mar 7, 2024
4.
Patricia Wadsack (Approver Role)
C' (..� Y Y
Mar 7, 2024
5.
Lauren Prieur (Signer Role)
Mar 9, 2024
6.
Doug Black (Signer Role)
Mar 18, 2024
7.
Jesica McEachern (Signer Role)
Mar 19, 2024
8.
Ronald Gonzalez (Approver Role)
KC
M a r 19, 2024
9.
Jannette Goodall (Signer Role)
7�-�
Mar 19, 2024
10.
Allison Tidwell (Form Filler Role)
ATMar
20, 2024
11. Zelalem Arega (Certified Recipient Role)
DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City
Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑ Yes X No
RUSH: 0 Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No
FORT WORTH
Routing and Transmittal Slip
TPW
Department
DOCUMENT TITLE: Kleinfelder Material Testinq PSA
M&C CPN CSO #
ROUTING TO CSO: X Yes ❑ No
Action Required:
❑ As Requested
❑ For Your Information
x Signature/Routing and or Recording
❑ Comment
❑ File
DOC#
❑ Attach Signature, Initial and Notary Tabs
Return to: Please call 817-392-8930 at ext. for pick up when completed. Thank you.