HomeMy WebLinkAboutContract 39646DITY SECRETARY,
CITY OF FORT WORTH, TEXAS �11��
CONTRACT NO..
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
LANDTEC Engineers, LLC, (the "ENGINEER"), for a PROJECT generally described as:
professional geotechnical services to assist City of Fort Worth with review, updates and
*evisinns to the City of Fort Worth, Transportation and Public Works Department ' Pavement
Design Standards manual" dated 2005 and the related AASHTO 1993 Pavement Design
Software Program named WinPAS.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment A.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment A to this
AGREEMENT, to reasonably substantiate the invoices.
ON
The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be .withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article I!�
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the total
PROJECT cost and/or execution. These conditions and cost/execution
effects are not the responsibility of the ENGINEER.
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of ail plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may use
such drawings in any manner it desires; provided, however, that the ENGINEER
shall not be liable for the use of such drawings for any project other than the
PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
City of Fort W orth, Texas
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Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the Contract Documents; that
the final work will be acceptable in all respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the construction contractor
has used the moneys paid; that title to any of the work, materials, or equipment
has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY
and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent the
exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
City of Fort Worth, Texas
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misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving .transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3) hereof.
CITY shall give subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents. as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance with
a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this PROJECT
or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This insurance
City of Fort W orth, Texas
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shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions by
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertizing injury, which are normally contained within the policy,
unless the CITY approves such exclusions in writing.
ii. ENGINEER waives all rights against the 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 this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,OOO each accident. Such insurance shall cover liability arising
out of any auto including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this
agreement or under any applicable auto physical damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents, officers,
directors and employees for recovery of damages to the extent these
damages are covered by workers compensation and employer's
liability or commercial umbrella insurance obtained by ENGINEER
pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
City of Fort Worth, Texas
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to
Insured thereon, as its interests may appear
employees, officers, officials, agents, an
contracted services.
name the CITY an Additional
The term CITY shall include its
i volunteers as respects the
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of AN or greater, in the current A.M. Best
Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY in
writing, if coverage is not provided on a first -dollar basis. The CITY, at it 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 the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
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claims -made basis, shall contain a retroactive date coincident with or prior to
the date of the contractual 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. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
City of Fort W orth, Texas
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ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to
the ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of --way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
City of Fort Worth, Texas
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other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing
of the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER Is negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
I I.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
City of Fort Worth, Texas
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and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
City of Fort W orth, Texas
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control
of the ENGINEER that prevent ENGINEER 's performance of its obligations
hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on 30
days' written notice. This AGREEMENT may be terminated by either the CITY
or the ENGINEER for cause if either party fails substantially to perform through
no fault of the other and does not commence correction of such nonperformance
with in 5 days of written notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
City of Fort Worth, Texas
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6.30.09
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interruption, an equitable adjustment in
and cost of the ENGINEER's personnel
compensation will be made.
F. Indemnification
the PROJECT's schedule, commitment
and subcontractors, and ENGINEER's
In accordance with Texas Local Government Code Section 271.904I the
ENGINEER shall indemnify, hold harmless, and defend the CITY against liability
for any damage caused by or resulting from an act of negligence, intentional
tort, intellectual property infringement, or failure to pay a subcontractor or
supplier committed by the ENGINEER or ENGINEER's agent, consultant under
contract, or another entity over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties mean the CITY and the ENGINEER, and their officers,
employees, agents; and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas,
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall
survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
City of Fort Worth, Texas
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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. ENGINEER 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.
City of Fort Worth, Texas
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6.30.09
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments
AGREEMENT, supersedes all prior written or oral
by a written amendment executed by both parties.
are hereby made a part of this AGREEMENT:
and schedules, constitutes the entire
understandings, and may only be changed
The following attachments and schedules
Attachment A -Scope of Services and Compensation
Attachment B — None
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D — None Required
Attachment E - Location Map
Executed this th day of , 201
ATTEST:
Marty Hendrix
City Secretary
APPROVED AS TO FO
Assistant City Attorney
ATTEST:
AND LEGALITY
City of Fort W orth, Texas
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By:
CITY OF FONT WORTH
Assistant City Manager
APPROVAL RECOMMENDED
r
William A. V�kest; P.�F,�
Director, Transportation and Public Works
Department
LANDTEC Engineers, LLC
Principal
D. Baker, P.E., R.P.L.S.
OFFICIAL RECt�RD
CITY SECRETARY
FT. WORTH, TX
Geotechnical & Environmental Engineering
Construction Materials Testing
Laboratory Testing
QA/QC Services
December 7, 2009
Proposal No. 2935
Mr. Patrick Buckley, P.E.
Senior Professional Engineer
Transportation and Public Works
City of Fort Worth
1000 Throckmorton Street, 2"d floor
Fort Worth, Texas 73102
Re: Consulting Services —Pavement Design and Construction Inspection/Testing
Dear Patrick:
In accordance with your request we are submitting our proposal for professional
geotechnical engineering services to assist the City of Fort Worth, Texas with review,
updates and revisions to the City of Fort Worth Transportation and Public Works
Department "Pavement Design Standards Manual" dated 2005 and the related AASHTO
1993 Pavement Design Software Program named WinPAS.
This proposal is based on information discussed during meetings, phone conversations and
emails with the City of Fors Worth Transportation and Public Works Department (CITY) and
�andTec Engineers (ENGINEER) concerning the general scope of work. The scope of
services will be separated into three basic tasks.
• Task 1: Preparation of an update and explanation of specific values (or range of
values) for data input into the WinPAS program used in conjunction with the
"Pavement Design Standards Manual'.
• Task 2: Consult on pavement design for ongoing street projects and assist project
specific geotechnical engineers with help using WinPAS and Review/Update the
Pavement Design Standards Manual.
• Task 3: Work with the CITY on a specific street paving project selected by the
CITY and the ENGINEER. Review the current construction materials engineering,
testing and inspection program as it relates to the quality construction on a specific
street paving project. Make recommendations for modifying the current testing and
inspection program (if necessary) including type of testing and inspection,
procedures, frequency and the results required.
I.ANDTEC ENGINEERS, LlC 1700 Robert Road Suite 101 Mansfield, Texas 76063 817.572.2818 Fax 817.561.5485
2935 City of Fort Worth pave.00C
Below is a description of work for the three tasks.
Task 1 —Selection of input values for the WinPAS program
• Our initial task of work includes recommendations for design input values for use in
the WinPAS pavement design program in order to provide guidance to the civil
consultants and geotechnical engineers designing pavement sections for CITY
streets. Many of the WinPAS input values are established numbers, however,
several values are based on individual project merits and these values have a fairly
large impact on the pavement thickness.
Task 1 —Deliverable and Timeframe
• Provide the CITY with specific values for input into the WinPAS program so the
values can be provided to the civil engineering consultants and geotechnical
engineers performing the site specific pavement designs on city street projects. The
goal is to provide input values resulting in consistency within the pavement design.
• The recommended input values will be provided in one week -approximately
December 10, 2009 or before.
Task 2 —Review the CITY Pavement Design Standards Manual and Consult
with CITY and Design Engineers during Ongoing Street Projects
• The current Pavement Design Standards Manual was adopted in 2005. The manual
is an excellent guidance document, establishing the standards for pavement design
on city streets. Recent discussion by civil and geotechnical engineers of the manual
over the past two years has involved various opinions as to interpretation of the
recommended laboratory testing set forth in the manual, evaluation of the laboratory
test results, use and input of the laboratory data, design approach, methodology and
design values used for a specific pavement design. Basically some clarification and
update of the design manual is needed. Review and update of the manual will be
the focus of Task 2.
• Consult with the CITY and pavement design consultants on current street projects.
Task 2 —Deliverable and Timeframe
• Provide the CITY with specific recommendations, values and clarifications for the
Pavement Design Standards Manual.
• The addendum to the Manual will be provided in 6 weeks — approximately February
11 2009 or before.
• Provide consulting on current street projects as directed by the CITY.
2935 City of Fort worth pave.DOC 2 IANDTEC ENGINEERS
Task 3 - Consult with the CITY on Street Paving Construction Project and
Serve as "Special Independent Testing Laboratory" on Specific
Construction Items, Provide Test Results and Comments
• The street construction project should be selected by a joint effort between the CITY
and the ENGINEER to represent a typical street construction project consisting of
earthwork, treated subgrade, utility backfill and paving.
• ENGINEER to be present at pre -construction meeting to provide input and discuss
inspection and testing parameters with city inspector and contractor based on the
specific projects Construction Quality Assurance (CQA) Plan for testing and
I
nspection by the Independent CQA company.
• ENGINEER to be present for up to 3 days during subgrade stabilization to review
construction, testing and inspection procedures. Perform moisture -density
relationship curves, Atterberg Limits tests, field gradation tests, depth checks and
perform compaction tests and coordinate with CITY inspector and the city's
independent testing laboratory.
• ENGINEER to be present for up to 3 days during utility construction (water, sanitary
sewer, storm sewer) to review construction, testing and inspection procedures.
Perform Proctor and compaction tests.
• ENGINEER to be present for up to 3 days during paving setup, reinforcing steel and
dowel bar placement at Time of concrete placement. Perform inspection and testing
of concrete paving mix including slump, temperature, air content, unit weight and
cast compressive strength cylinders.
• ENGINEER to provide inspection and test reports for work performed on days
present at the construction site. Provide overview of observations and provide
detailed recommendations for future inspection and testing.
Task 3 —Deliverable and Timeframe
• ENGINEER will review current cons#ruction phase inspection and testing procedures
as they relate to specific critical items such as utility backfill, subgrade stabilization,
concrete strength and sampling procedures. ENGINEER will provide independent
inspection and testing on a specific paving project and provide CITY with
recommendations for future street paving projects with respect to inspection and
testing.
• It is anticipated the street construction project in which ENGINEER will be involved is
in the first quarter of 2010.
2935 City of Fort Worth pave.DOC � lAND7EC ENGINEERS
Project Manager for ENGINEER
The Project Manager for this assignment will be Thomas D. Baker, P.E., R.P.L.S., Sr.
Geotechnlcal Engineer and Principal, LandTec Engineers, LLC,
Project Manager for CITY
The CITY is encouraged to assign a Project Manager for this Scope of Work in order for
ENGINEER to have a consistent point of contact with the CITY for the duration of this
assignment.
ADDITIONAL SERVICES
The following services are not included in the Basic Services and will be considered as
Additional Services, if and when required or requested:
• The services of specialty subconsultants or other special outside services other than
those described in Basic Services
• Special testing and/or field pavement analysis/studies for pavement design
• Coordination with regulatory agencies other than that described in Basic Services
• Any other services not specifically included in Basic Services
COMPENSATION
LandTec proposes to perform the Basic Services in Tasks 1, 2 and 3 outlined herein on the
basis of our standard Schedule %J Charges dated January 1, 2009.
Task 1 - Evaluation and selection of input values for the WinPAS program
• Based on Fee Schedule with allot-To-Exceed Cost of $2,500.
Task 2 — Review and Update the CITY Pavement Design Standards Manual and
Consult with Design Engineers on Current Projects.
• Based on Fee Schedule with allot-To-Exceed Cost of $5,000.
Task 3 —Consult with the CITY on a Specific Street Paving Construction Project and
Provide Selecfied Independent Testing Services
• Based on Fee Schedule with allot-To-Exceed Cost of $12,500.
2935 City of Fort Worth pave.DOC 4 LAND7EC ENC71NEERS
CITY and ENGINEER may subsequently agree in writing to provide far additional services
to be rendered under this agreement for additional, negotiated compensation. Services
provided by ENGINEER will be consistent with the engineering standards prevailing at the
time and in the area that the work is performed, no other warranty, express or implied, is
intended. The cost presented here is applicable for 12 months from the date of this
proposal.
Please call if you have questions.
Sincerely,
LANDTEC ENGINEERS, llC
Thomas D. Baker, P.E., R.P.L.S.
Sr. Geotechnical Engineer / Principal
Texas Professional Engineer License No.40060
Texas Engineering Firm Registration No. F-329
Texas Registered Professional Land Surveyor No. 3088
Texas Licensed Surveying Firm No. 100956-00
Attachments:
Schedule of Charges
2935 City of Fort Worth pave.DOC 5 IANDTEC ENGINEERS
LANDTEC ENGINEERS, LLC
SCHEDULE OF FEES
Texas Engineering Firm Registration No. F-000329
PERSQNNEL
Project Geotechnieal Engineer.................................................................................... $ 120.00/hour
Senior Geotechnical Engineer....................................................................................0 $ 130,00/hour
Senior Project Manager............................................................................................... $ 140.00/liour
Principal Engineer........................................................................ $ 165,00/hour
Senior Engineering Consultant..................................................................................0 $ 175.00/hour
Registered Professional Land Surveyor, a 0 A 9 a 0 4 4 . V a 0 4 0 a a 4 a a a 4 a $ 135.00/hour
Expert Witness (Deposition and Trial). a V t 6 a 6 a a 0 a a a 4 & a 6 a a t 4 a a 4 r 0 1 0 0 0 a a % P I a 6 1 a 6 a 4 4 t 6 P 6 9 0 a 0 a a a a $ 9 F a A 6 a 6 V a 0 a 1 0 a 0 $ Reg. Rt. x 1.5
Engineering Technician I............................................................................................ $ 42,00/hour
Engineering Technician IL.......................................................................................... $ 45.00/hour
EngineeringTechnician III......................................................................................... $ 48.00/hour
Senior Engineering Technician ...................................... .. $ 50.00/hour
.............................. .............
EngineeringAssistant/Specialist................................................................................. $ 60.00/hour
WordProcessing/ClerieaL........................................................................................... $ 45.00/hour
Drafting/CADD.......................................................................................................... $ 70.00/hour
Field Survey.......................................................................................................... $ 1 I5,00/hour
Field Survey over 8 hrs/day........................................................................................ $ 125.00/hour
GPSEquipment.........................................................................................................a $ 10.00/hour
GPS Communications................................................................................................a$ 50.00/hour
Robotic Equipment Charge......................................................................................... $ 10.00/hour
Transportation (portal to portal).................................................................................. $ 0.65/mile
Transportation w/trailer (portal to portal)................................................................... $ 0.75/mile
Minimum Transportation Charge................................................................................ $ 50,00/trip
SupportVehicle.......................................................................................................... $ 50.00/day
Per Diem $ 150.00/day
Sample/Document Shipment. . $ 50.00 each
Plots/Copies $ 50.00/first plot,•
.......................................................................................................... $ 5.00 after first plot
Copies $ 0.10/page
DRILLING AND SAMPLING (0'-50' depth)
Drilling and Intermittent Sampling in Soil................................................................. $ 12.00/foot
Drilling and Continuous Sampling in Soil................................................................ $ 20.00/foot
Drilling in Rock (Auger - no sampling)...................................................................... $ 15.00/foot
Core Drilling in Shale/Sandstone/Moderately Hard Limestone .................................. $ 24.00/foot
Core Drilling in Very Hard Rock................................................................................ $ 30.00/foot
Field Penetration Tests, split spoon or TxDO"I cone .................................................. $ 30.00/each
IANDTEC ENGWEERS Page t of 5
feeSchedule '09'.doc
DRILLING AND SAMPLING I red 'depth) CONT'D
Drilling Through Concrete.......................................................................................... $
Mobilization of Rig (Local).....................................................................................eet $
MinimumDrilling fee,,, .............................................................................................. $
Plug Bore Hole with Bentonite...................................................................................
Hollow Stem Auger Drilling (3.25 I.D.) w/continuous bbl sampler ...........................
DrillRig Standby Time............................................................................................... $
SOIL
Percent Passing No. 200 Sieve, ASTM D 1140........................... $
Standard Proctor, ASTM D 698.................................................................................. $
Modified Proctor, ASTM D 1557................................................ $
TEX-113E
Processing Materials greater than No. 4..................................................................... $
Sieve Analysis, ASTM D422...................................................................................... $
Lime/Atterberg Limits Series, 4 points. ...................................................................... $
Soluble Sulfate, TxDOT 145E, .............................................,..................,....,.,........,,.
Moisture Content, ASTM D433.................................................................................. $
Moisture Content and Unit Dry Weight......................................................................
Hydraulic Conductivity, ASTM 5084......................................................................... $
HydraulicConductivity, COE.....................................................................................
HydrometerAnalysis.................................................................................................. $
SpecificGravity......................................................................................................... $
Unconfined Compressive Strength............................................................................. $
Unconfined Compressive Strength (core)................................................................... $
Absorption -Pressure Swell.. 0*6104 Deal a kill two Do 14 omit its OV40V Itmarmsw*11 SEE I I Sao 6 me logo *%**Searle Dodge WON **Warsaw am $
FreeSwell.......................................................................................................... $
BarLinear Shrinkage.................................................................................................. $
California Bearing Ratio (ASTM 1883)..................................................................... $
Consolidation............................................................................ $
Triaxial Shear- I.4-inch, 2.0-inch diameter specimens
(larger diameter specimens quoted upon request)
a. Unconsolidated Undrained:
- multiple specimen, 3 specimens minimum........................................................ $
- single specimen, 3 points minimum.................................Opera.
b. Consolidated Undrained - with pore pressure measurements:
- multiple specimen, 3 specimens minimum ......................... $
- single specimen, 3 points minimum................................................................... $
c. Consolidated Drained:
- multiple specimen, 3 specimens minimum........................................................ $
- single specimen, 3 points minimum................................................................... $
Direct Shear- 2.5-inch diameter specimen
- Q-Test, 3 points minimum................................................................................. $
- S-Test, 3 points minimum. ................................................................................. $
Remoldingsamples..................................................................................................... $
t.ANRTEC ENGINEERS
75.00/hole
275.00/each
850,00/each
7.50/foot
24.00/foot
185.00/hour
50.00/test
35,00/test
130.00/test
150.00/test
200.00/test
60,00/test
50,00/test
240.00/test
60.00/test
12, 00/test
20.00/test
250.00/test
250,00/test
95.00/test
50.00/test
32,00/test
45.00/test
85.00/test
55.00/test
15.00/test
175.00/point
310.00/test
85,00/spec
85.00/point
425.00/spec
425.00Ipoint
450.00/spec
450.00Ipoint
175.00/point
250.00/point
GO.00leach
Page 2 of 5
feeSchedule '09'. dac
S"IL CONT'D
SamplePreparation..................................................................................................... $ 45.0weach
In -Place Moisture Density Tests, nuclear method (min. 4 per trip). 1 6 4 0 4 1 9 6 V 4 W 0 v & t P v a I w a 0 a W a 1 $ 15.00/test
In -Place Moisture Density Tests, Drive Ring, Sand Cone, Volumeter ....................... $ 20.00/test
Gradation of Lime Treated Subgrade Soil (min. 4 per ti ip)........................................ $ 20.00/test
Lime Depth Checks (min. 4 per trip).......................................................................... $ 20.00/test
NuclearDensity Gauge............................................................................................... $ 70.00/day
Nuclear Density Gauge (weekly iate)......................................................................... $ 250.00/week
Mix Design, including gradations, absorption, specific gravity and unit weight of Aggregates, slump,
unit weight and air content of concrete,
One water -cement Ratio.............................................................................................. $ 350.00/test
Additional Mix Design on same samples of aggregate....... 0 *is I too 0#6 tivvo w0000*ao or** Goal $ 200.00/test
Confirmation Test Cylinders (min, of 6 per mix) ....................................................... $ 17.00/test
Sieve Analysis (ASTM C-136)................................................................................... $ 50.00/test
Sieve Analysis (material finer than #200 sieve), .... a I I east 041 400 4 014 a at*$#* a or vvvvvo boo at 9*0 64 on I r to to *a $ 35.00/test
Concrete Coiling (up to 4" dia. & 6" thick - min. 3/trip)............................................ $ 60.00/each
Capping and Testing Cores......................................................................................... $ 28.00/each
Sawing Core ends, . 4 0 4 1 A 0 6 6 0 4, * 9 a a a a 4 a I a a a s 0 1 t 6 W a A s 0 a a 4 4 a a $ 28.00/each
Concrete Cylinders -with inspection (minimum of 4)................................................. $ 17.00/each
Concrete Beams -with inspection................................................................................. $ 25.00/each
MortarCubes......................................................................................................... $ 25.00/each
Grout Prisms $ 35.00/each
Equipment Fee (in addition to coring fees)................................................................. $ 150.00/each
AGGREGATE
SieveAnalysis.......................................................................................................... $ 50.00/test
SpecificGravity.......................................................................................................... $ G0.00/test
LosAngeles Abrasion..............................................tot ..........•..................................... $ 195.00/test
SamplePreparation .,...•.........................................•.........•........................................... $ 45.00/test
Absorption.......................................................................................................... $ 45.00/test
ClayLumpstwo .........................................•..................................................,.... $ 45.00/test
Calcium Carbonate.... Boom *Gone* req was Go 0641 avveyel Room $ 325.00/test
Hydraulic Conductivity (ASTM D 2434)4&0491......all ................ ova ................................. $ 150.00/test
GEOSYNTHETICS
Thickness(GM)......................................................................................................... $ I5.00/test
Specific Gravity (Density).......................................................................................... $ 15.00/test
CarbonBlack Content................................................................................................. $ 35.00/test
Carbon Black Dispersion............................................................................................ $ 35.00/test
TensilePropel ties........................................................................................................ $ 55.00/test
I.ANDT6C l;NGINEERS
Page 3 of 5
feeSchedule '09`.doc
GEOSYNTHETICS CONT'D
Peel &Shear......................................•............................... $ 27.00/test
..................... ,...,..........
Direct Shear Interface................................................................................................. $1250.00/test
Clay Mass/Unit Area(GCL)............MEMOS •. Mgt ..•.....•........................................................ $ 25.00/test
Permeability(GCL)........................................•....................•.•.............,...................... $ 250.00/test
Puncture Resistance (ASTM D 4833)......................................................................... $ 35.00/test
Tear Resistance (ASTM D 1004)................................................................................ $ 42.00/test
Moisture Content (ASTM D 4643, D2216)................................................................ $ 15.00/test
GEOTEXTILES
Apparent Opening Size {ASTM D 4751).................................................................... $
Hydraulic Transmissivity (ASTM D 4716)................................................................ $
Mass/Unit Area (ASTM D 5261, D 3776).................................................................. $
Permittivity/Permeability (ASTM D 4491)................................................................ $
Thickness (ASTM D 1777, D 5199)........................................................................... $
Tensile (Grab) (ASTM D 4632).................................................................................. $
Puncture Resistance (ASTM D 4833)......................................................................... $
Tear Restistance (ASTM D 4533}............................................................................... $
ASPHALT
Asphalt Extraction &Gradation.................................................................................. $
AsphaltThickness....................................................................................................... $
Asphalt Bulk Specific Gravity .................................................................................... $
Asphalt Cores/ea/inch of depth (Min. 3/trip) .............................................................. $
AsphaltMax. Theoretical SG...................................................................................... $
Rice Gravity ..... .... $
Extraction Disposal Fee (Environmental), .................................................................. $
AsphaltLab Mold/Density .......... Mfg Mfg too ..... REEVE .................... Oft ......... Nov .. Opp .. oil .. oft ........... $
Stability.......................................... $
,ore Density ......................................................................................................... $
'ore Thickness .......................................................................................................... $
Core Patch ......... $
Equipment Fee (in addition to coring fees) ................................................................. $
STRUCTURAL STEEL
86.00/test
81.00/test
10.00/test
70.00/test
10.00/test
52.00/test
35.00/test
52.00/test
192.50/test
t 5.00/test
21,50/test
10.00/inch
125.00/test
75.00/test
30.00/each
87,00/test
58.00/test
15.00/each
15.00/each
6.00/each
150.00/each
CWUStructural Steel Inspection, visual {min, 4 hours/tt•ip)........................................ $ 60.00/hour
Ultrasonic Testing (miu. 4hours/trip)......................................................................... $ 67.501hour
Material/Equipment Fee, M a V q 0 V & q 0 p I V * 0 V 0 f * . f V 1 4 t 0 V 3 0 * 0 0 6 0 $ 40.00/each
(Added to Ultrasonic, Magnetic Particle & Liquid Penetrant Testing}
IANOTEC �NC�IN�ERS
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feeSehedule '09'.doc
NOTES:
1. Field test rates are charged per test in addition to technician hourly rates.
2. A minimum of four (4) hours technician time and vehicle charge will be billed for each
call out, sample or specimen pickup.
3. Technician time is charged portal-to-portal from our office.
4. Overtime rates are 1.5 times regular rate for hours worked over 8 hours per day or hours
before 7:00 am and/or after 5:00 pm. Lab and field services performed on Saturday,
Sunday and Holidays will be charged at 1.5 time's regular rate.
5. Engineer time is minimum of 4 hours and support vehicle charge for field visits.
6. Drilling rates are for depths of 50 feet or less.
7. Additional tests not included in this schedule of fees will be quoted upon request.
8. All fees subject to change without notice.
CONFIAENTIAL —Not for use on any other project or for any ather purposes without written permission
from LANDTEC ENGINEERS, LLC.
t.ANDT�C ENC71NE6R5
Page S of 5
feeSchedule '09`•doc