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Home My WebLink AboutContract 64121CSC No. 64121 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality f'City''), and Geotex Engineering, LLC, authorized to do business in Texas ("Consultant"), for a project generally described as Geotechnical and Material Testing Services for City Infrastructure Projects. Article I Scope of Services (1)Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2)Additional services, if any, will be memorialized by an amendment to this Agreement. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $1,000,000.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. City of Fort Worth, Texas standard Agreement for Professional Services Page 1 of B Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of 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, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER City of Fort Worth, Texas Standard Agreement for Professional Services Page 2 of 8 THAN THE CITI� 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 � ACORD certificate of insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F 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) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". City of Fort Worth, Texas Standard Agreement for Professional Services Page 3 of 8 Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that 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 subcontractor agrees that 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(s), 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 Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 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 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 or its subcontractor(s). Article XIII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each City of Fort Worth, Texas Standard Agreement for Professional Services Page 4 of 8 employee who performs work under 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 Agreement for violations of this provision by Consultant. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XV 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's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVI Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of 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 Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. City of Fort Worth, Texas Standard Agreement for Professional Services Page 5 of 8 Article XVII 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: Citv of Fort Worth Attn: Endrias Wolde Transportation and Public Works 920 Woodward St. Fort Worth, Texas 76017 Consultant: Geotex Engineering LLC Attn: Amy Irwin Brothers, P.E. 14805 Trinity Blvd. Fort Worth, TX 76155 All other notices may be provided as described above or via electronic means. Article XVIII Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Standard Agreement for Professional Services Page 6 of 8 Article XIX 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 XX 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 XXI 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 Standard Agreement for Professional Services Page 7 of 8 Article XX.II 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 F -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: 10/13/2025 ATTEST: � A � Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY By: o��/�:::is�:= Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Page 8 of 8 BY: CONSULTANT Geotex Engineering LLC A�he(.�=l�:�� ¥ Amy Irwin Brothers, P.E. President Date: 09/25/2025 M&C No.:25-0858 M&C Date:9/16/2025 Attachment A RFQ for Geotechnical Engineering and Material Testing Services for Infrastructure Projects The scope of work may include, but not limited to, the following: Performance of all plant, field and laboratory material tests including the following: o Asphalt field Density o Soil-Moisture relationship or Proctor test o Unit Weight Test o Atterberg Limits Test o Soil Lineal Shrinkage Test o PH Series o Texas Wet Ball Mill (WBM) Test o Grain Size Analysis o P200 Sieve Analysis o Gradation: ■ Rock — Crushed Stone for Embedment LAA (Los Angeles Abrasion) ■ Sand — Backfill Water & Sewer ■ Lime/Cement Field Gradation o Core: ■ Test Hole Analysis ■ Concrete ■ Asphalt o Concrete Compression Test: ■ Cylindrical concrete specimens ■ Drilled Cores • 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. Attachment B CFW Fee Schedule June 2025- June 2030 The City of Fort Worth Fee Schedule for Geotechnical and Material Testing Services for City-fund Projects CFW Activity Unit Revised offer TRANSPORTATION Transportation, per trip Trip $ 53.00 SAMPLING AND TESTING OF SOILS AND AGGREGATES Soils and Base Materials Sampling for in-lab test, including tech time and transportation charge Each $ 189.00 (If not scheduled with other work) Moisture content — ASTM D2216 Each $ 15.00 Atterberg limits (LL, PL, PI) — ASTM D4318 Each $ 68.00 Atterberg limits with additive — ASTM D4318 Each $ 74.00 Soil Visual Classification — ASTM D2488 Each $ 18.00 Bar Linear Shrinkage — Tex-107-E Each $ 40.00 Organic content — ASTM D 2974 Each $ 44.00 Sieve analysis of fine and coarse aggregates — ASTM C 136/136M. Each $ 84.00 Percent passing #200 sieve — ASTM D1140/ Cl 17 Each $ 50.00 Hydrometer analysis of fine-grained soils — ASTM D7928 Each $ 194.00 Sp. gravity and Absorption (coarse aggregate) — ASTM C 127 Each $ 84.00 Sp. gravity and absorption (fine aggregate) — ASTM C 128 Each $ 84.00 LA Abrasion of small-size coarse aggregate — ASTM C131 Each $ 294.00 LA Abrasion of large-size coarse aggregate — ASTM C535 Each $ 294.00 Sodium or Magnesium Sulfate Soundness Each $ 341.00 Texas Wet Ball Mill — Tex-116-E Each $ 242.00 CFW Activity Unit Revised offer California bearing ratio (CBR) test — ASTM D1883 Each $ 347.00 Standard proctor — ASTM D 698 Each $ 189.00 Modified proctor — ASTM D 1557 Each $ 22l .00 Additional charge for coarse aggregate correction - ASTM D4718 Each $ 36.00 Soluble sulfate test — TEX-145-E Each $ 89.00 Unconfined compressive strength of soils — ASTM D2166 Each $ 53.00 Unconfined compressive strength of rock cores — ASTM D7012 Each $ 74.00 Free swell testing — ASTM D4546 Each $ 110.00 Lime series using PI Each $ 305.00 Lime series using pH (6 points), Tex-121-E Each $ 305.00 Soil pH test, Tex-128-E Each $ 47.00 Gradation (lime or cement) and/or lime depth measurement Hour $ 63.00 (min 3 hours) Transportation Trip $ 53.00 Consolidation testing Quote on Request Triaxial testing Quote on Request Direct Shear testing Quote on Request In-place Density In-place density using nuclear gauge - ASTM D2950/2950M, Each $ 210.00 ASTM D6938), first 1'/2 hours, including transportation After the first 1%Z hours Hour $ 63.00 SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC) Concrete Cvlinder and Beam Tests Making cylinders, cubes, and beams of concrete, CLSM, Grout, and Hour $ 58.00 mortar, including air/slump/temperature tests (min 3 hours) CFW Activity Unit Revised offer Transportation Trip $ 53.00 Cylinder pick-up, including tech time and transportation (If not Each $ 184.00 scheduled with other work) Curing and Strength test of concrete cylinders, CSLM, cube prisms Each $ 23.00 Curing and strength test of concrete beam — ASTM C293/C78 Each $ 39.00 Concrete mix design and review Quote on Request Concrete core Samples (min 4 cores per tri�) Core machine mobilization Occurrence $ 210.00 Transportation Trip $ 53.00 3" dia. or more concrete coring (Up to a depth of 6") Each $ 89.00 After a depth of 6" Inch $ 13.00 Less than 3" dia. concrete coring (Up to a depth of 6") Each $ 63.00 After a depth of 6" Inch $ 13.00 Core depth measurement Each $ 16.00 Sample preparation and compressive strength test.(Including measuring, Each $ 74.00 sawing, and capping of cores) Flagman if needed for safety and traffic monitoring Hour $ 63.00 Professional traffic control Quote on Request SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC) Asphaltic Concrete M�es Extraction and gradation testing —Tex-236-F Each $ 229.00 Maximum theoretical specific gravity —Tex-227-F Each $ 108.00 Lab molding of specimen —Tex-241-F, Tex-206-F Each $ 68.00 Bulk specific gravity of lab molded specimen —Tex-207-F Each $ 53.00 CFW Activity Unit Revised offer Asphalt content by Ignition Method — ASTM D4125 Each $ 12l .00 Asphalt mix design and review Quote on Request - In-place Densitv In-place density using nuclear gauge, first 1%z hours — Each $ 210.00 ASTM D2950/2950M, ASTM D6938 After the first 1%2 hour Hour $ 63.00 Bulk specific gravity of core specimen —Tex-207-F Each $ 58.00 Asphalt core Samples (min 4 cores �er trip) Core machine mobilization Per Work Order $ 210.00 Transportation (for additional days) Trip $ 53.00 3" dia. or more asphalt coring (Up to a depth of 6") Each $ 84.00 After a depth of 6" Inch $ 12.00 Less than 3" dia. asphalt coring (Up to a depth of 6") Each $ 63.00 After a depth of 6" Inch $ 12.00 Core depth measurement Each $ 14.00 Flagman if needed for safety and traffic monitoring Hour $ 63.00 DRILLING AND RELATED SERVICES Mobilization of Drill Rig Occurrence $ 473.00 Drill Rig Standby or access time Hour $ 252.00 Undisturbed samples (Shelby Tubes, fiXed piston) Foot $ 19.00 Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling) 0' — 50' Foot $ 18.00 50' — 100' Foot $ 21.00 100' plus Quote on Request CFW Activity Unit Revised offer Intermittent soil sampling, 5-ft intervals 0' — 50' Foot $ 21.00 50' — 100' Foot $ 23.00 100' plus Quote on Request Continuous soil sampling 0 — 50' Foot $ 23.00 50 —100' Foot $ 26.00 100' plus Quote on Request High resistance soil/rock coring (for soils with N-values greater than 50) 0' — 50' Foot $ 37.00 50' — 100' Foot $ 42.00 100' plus Quote on Request STRUCTURAL STEEL INSPECTION Certified welding inspector (min 4 hours) Hour $ 95.00 Magnetic particle testing (min 4 hours) Hour $ 95.00 Liquid penetrant testing (min 4 hours) Hour $ 95.00 Ultrasonic testing (min 4 hours) Hour $ 100.00 Transportation Trip $ 53.00 PROFESSIONAL AND TECHNICAL SERVICES Principal Engineer Hour $ 205.00 Senior Project/Geotechnical Engineer Hour $ 179.00 Project Engineer/Scientist/Geologist Hour $ 147.00 Staff (or Graduate) Engineer/Project Manager Hour $ 121.00 CFW Activity Unit Revised offer Senior Engineering Technician Hour $ 66.00 Engineering Technician Hour $ 58.00 Drafter Hour $ 70.00 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�naximunz of 10% of the total services provided on the invoice (before the PM was added). The most current City of Fort Worth, TxDOT, ASTM or AASHTO test procedures and supporting tests referenced shall be used. Failure to follow the procedures as stated will result in non- payment of the unit price item. Pavement Coring: Pavement coring will be paid for at a unit price for asphalt pavement cores and unit price for concrete cores. This includes technician time, operations, equipment, materials and traffic monitoring to cut cores and repair/patch core holes, and report preparation/engineering review. Geotechnical Drilling. Geotechnical Drilling will be paid from top of ground to bottom of the hole at a unit price per foot for soil and rock. These charge items include all operations and materials necessary to advance the hole, including borings for sampling and testing. Mobilization of equipment will be paid for at unit price per occurrence. This includes mobilization and demobilization of all equipment and personnel necessary to perform the subsurface investigation. In-place Nuclear Moisture-Density Testing. The first 1'/z hour charge item for the nuclear moisture-density test includes technician time, mobilization, transportation, and gauge charges. 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. EXHIBIT F 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 liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of 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 liabiliiy insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requiremerits 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 Requiremerits 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 currentA.M. Best rating ofA:Vll 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 consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters ofcredit 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 e�ense, 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 Requiremerits Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Mayor and Texas Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0858 LOG NAME: 2025 GEOTECHNICAL AND MATERIALS TESTING SERVICES SUBJECT (ALL) Authorize Execution of Individual Contracts for Geotechnical and Materials Testing Services for Various Construction Projects with 1836 Engineering LLC, ECS Southwest, LLP, ETTL Engineers & Consultants Inc., Geotex Engineering LLC, Kleinfelder, Inc., LandTec Engineers LLC, Raba Kistner, Inc., TSIT Engineering & Consulting, LLC, UES Professional Solutions 44, LLC, in the Amount of $1,000,000.00 Per Firm and Each with Four Optional Renewals RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual contracts, each in an amount of $1,000,000.00 per firm with: 1836 Engineering LLC; ECS Southwest, LLP; ETTL Engineers & Consultants Inc.; Geotex Engineering LLC; Kleinfelder, Inc.; LandTec Engineers LLC; Raba Kistner, Inc.; TSIT Engineering & Consulting, LLC; UES Professional Solutions 44, LLC; each with four renewal options. DISCUSSION: The Transportation and Public Works Department solicited firms to provide geotechnical and materials testing services for various City infrastructure projects. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-Telegram in February 2025. On March 6, 2025, the Department received Statement of Qualifications (SOQs) for professional services from 16 firms to provide Geotechnical investigation and materials testing services. Each firm was evaluated based upon pre-established selection criteria including qualification of experience, response and perFormance. An inter-departmental committee selected the most qualified firms and recommends the following firms for contract approval: 1836 Engineering, LLC, ECS Southwest, LLP, ETTL Engineers & Consultants Inc., Geotex Engineering, LLC, Kleinfelder, Inc., LandTec Engineers LLC, Raba Kistner, Inc., TSIT Engineering & Consulting, LLC, UES Professional Solutions 44, LLC. Based on the current workload level, the Transportation and Public Works Department projects that approximately $515,000,000.00 dollars of infrastructure construction will be inspected over the next five years. Based on current staffing levels, we anticipate that approximately $30,000,000.00 dollars will be extended for contracted geotechnical and materials testing services over the same period. These agreements will not guarantee any specific amount of work or payment to any firm. As material testing work is needed for a project, a work order will be issued along with the funding for specific work being identified and committed at that time. Funding for the geotechnical and materials testing services may be provided through various project funding sources. These contracts will serve current and future capital projects as-needed, and a funds availability verification will be performed prior to each assignment. The term of each contract is upon expenditure of funds, each with four renewal options. The City has the option to extend the term of the agreements or a renewal period, as necessary, for the firm to complete work on any assignment issued prior to the expiration of the agreement including adjustments to the assignment's purchase order amount. This is for ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds will be available in the current capital budgets, as appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the contracts. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Patricia Wadsack 8447 Expedited �� FORTWORTH �� Routing and Transmittal Slip TPW Capital Delivery DOCUMENT TITLE: Geotechnical and Material Testing Services M&C:25-0858 CPN CSO Remarks: DOC# INITIALS DATE OUT 1. Endrias Wolde, TPW (A rover) (� 09/25/2025 2. Am Irwin Brothers, Geotex (Si ner pa8 09/25/2025 3. Patricia Wadsack, TPW AD A rover pL'W' 09/25/2025 4. Lauren Prieur, TPW Director Approver) ��' 09/25/2025 5. Dou Black, Le al Si ner � 10/09/2025 6. Jesica McEachern ACM - CMO Si ner � 10/13/2025 7. Ronald Gonzales CS Office A rover ��° 10/13/2025 8. Jannette Goodall CS Office Si ner � 10/13/2025 9. Allison Tidwell CS Office Form Filler w l0/16/2025 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: 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, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Reguired: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs