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HomeMy WebLinkAboutContract 31768 GREGORY GEOTECHNICAL Geotechnical Engineering and Consulfinq CITY SECRETARY �r CONTRACT NO . k � 2001 West 44 Avenue 40 Stillwater, Oklahoma 74074-2415 Phone: 405-747-8200 Fax: 405-747-8201 April 22, 2005 City of Fort Worth Transportation and Public Works Department 1000 Throckmorton Street Letter Agreement No. P05003 Fort Worth, Texas 76102 Project No. FTW05002 Attention: Mr. George Behmanesh, P. E. Assistant Director, Transportation and Public Works Letter Agreement for Geotechnical Engineering Services Pavement Design Standards Manual City of Fort Worth Fort Worth, Texas Introduction Gregory Geotechnical (GREGEO) is pleased to submit a Letter Agreement to the City of Fort Worth, Transportation and Public Works Department (City) for providing geotechnical engineering services on the referenced project. This Letter Agreement was requested by Mr. George Behmanesh, P.E. The scope of services included in this Letter Agreement is based upon discussions with Mr. George Behmanesh, P. E. and Mr. Najib Fares, P. E. It is our understanding that the requested scope of services will consist basically of producing a Pavement Design Standards Manual in a form suitable for the City to adopt as a standard. The previous GREGEO Report No. R04001A — Recommended Practices Manual — Pavement Design and Construction — City Streets, dated May 27, 2004, will be utilized to produce the manual, along with additional information to be provided by the City. Scope of Services I. Basic Services A. Professional Services GREGEO will produce a Pavement Design Standards Manual in final form that will be suitable for the City to adopt as a Standard. The manual will be developed from data included in previous reports prepared for the City by GREGEO, and from information to be provided by the City, including but not limited to recommendations from the committee formed by the City. Three bound copies and one reproducible copy of the manual will be provided. The manual will include: 1. Minimum standards for general scope of Geotechnical Engineering services for various classes of pavements and subsurface conditions. The geotechnical standard vA � rN^ tiff SK_'Iffif f Pavement Design Standards Manual GREGORY GEOTECHNICAL Letter Agreement No. P05003 Mr. George Behmanesh, P. E. April 22,2005 Page 2 a. Minimum number and depth of borings, including sampling types and frequency for various conditions. b. Minimum requirements for identification of the geologic formation(s) present at each specific site area. c. Minimum number and types of field and laboratory tests to be performed for various conditions. d. Requirements for various subgrade treatments and pavement thickness design methods, including permeable bases and geosynthetics. e. Requirements for earthwork related to pavement construction or repair. f. Requirements for treatment of utility trenches that may be required beneath pavements. 2. Requirements for pavement thickness design methods with listing of appropriate software for pavement thickness design. 3. Minimum standards for interim and long-term repair of any future pavements in distressed areas. 4. Pavement design details in schematic form in 8.5-inch by 11-inch format (approximately 7 to 10 sheets anticipated) covering the following: a. Pavement and subgrade typical cross sections. b. Pavement reinforcing and joint details. c. Edge drain and collector drain details. d. Geosynthetic details e. Details for connection to existing pavements. 5. Specifications covering the following: a. General Earthwork b. Undercutting Excavation and Backfill c. Aggregate Fill (including permeable bases) d. Subsurface Pavement Drainage e. Pavement and Subgrade Related Geosynthetics, including Edge Drains f. Lime and Cement Subgrade Treatments g. Lime Slurry Pressure Injection (LSPI) for Pavement Subgrades h. Flowable Fill i. Compaction Grouting for Pavement Subgrades j. Reinforcing Steel, Dowels, and Accessories for Pavements k. Minimum requirements for quality control and quality assurance testing and reporting during pavement construction. Two meetings at City offices to discuss and present the results of the study to City staff has been included in Basic Services. No other meetings are included in Basic Services. Pavement Design Standards Manual GREGORY GEOTECHNICAL Letter Agreement No.P05003 Mr. George Behmanesh, P. E. April 22,2005 Page 3 Items other than those described above, which are later determined to be required due to changes in project scope by the City may require additional professional services. These services, if authorized, will be performed as Additional Services.Additional Services are described in Section 11. Payment for Basic Services The Basic Services described above will be performed on a unit price basis, in general accordance with the attached Professional Services Budget Detail. For budget purposes, a maximum cost of $18,986 is recommended for Basic Services. The costs for the various items may vary, however the total cost for Basic Services will not be exceeded without prior authorization. Basic Services Schedule Basic services will be initiated upon receipt of notice to proceed. Assuming that email notice to proceed is provided by Monday April 25, 2005, and our signed Letter Agreement is received no later than May 6, 2005, the Pavement Design Standards Manual will be completed by GREGEO no later than Monday June 6, 2005. This schedule is based upon the City providing any necessary information in a timely manner and subject to extension for events beyond our control including, but not limited to, delays caused by the City or the City's other consultants, acts of war or terrorism, acts of God, strikes or similar labor disputes, or delays of the project due to restrictions imposed by governmental authorities of competent jurisdiction. 11.Additional Services A. Authorization and Scope Additional Services will be performed only if specifically requested and authorized by the City. Additional Services may consist of the following: • Additional professional services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by the City, or the City's other consultants, assistance in dealing with regulatory agencies, and preparation and engineering assistance in legal proceedings. • Additional copies of the manual. • Any other services authorized by the City, other than those specifically described in Basic Services. B. Payment and Schedule for Additional Services Additional Services, when authorized by the City, will be in accordance with GREGEO's standard schedule of fees in effect at the time the Additional Services are authorized. A copy of the appropriate schedule of fees will be provided to the City upon request, at the time Additional Services are requested. Additional Services, if requested, will be performed at reasonable times and within reasonable schedules as requested by the City, consistent with GREGEO's other workload and commitments. Authorized Additional Services will be shown separately on invoices and a description of the Additional Services will be included. III. Terms and Conditions The scope of services will be performed pursuant to the attached GENERAL CONDITIONS FOR PROFESSIONAL AND TECHNICAL SERVICES, Schedule GCPTS8, January 2005, which is Pavement Design Standards Manual GREGORY GEOTECHNICAL Letter Agreement No. P05003 Mr. George Behmanesh, P. E. April 22,2005 Page 4 incorporated into and made a part of this Letter Agreement. In signing the Agreement, the City acknowledges that the attached General Conditions have been read and accepted. Thank you for the opportunity to submit this Letter Agreement. Please sign in the spaces provided below and return one complete copy of this Letter Agreement for our files. Please contact us if you have any questions or need additional information at this time. We look forward to working with the City of Fort Worth on this assignment. Respectfully Submitted, GREGORY GEOTECHNICAL Texas Engineering Firm Registration No. F-000308 Garry H. Gre ry, P.E. Principal Consultant Texas P. E. License No. 57143 Copies submitted: (2) CITY OF FO ORTHJRANSPORTATION AND PUBLIC WORKS DEPARTMENT r' Date '�ct �, Auth izing Signat re Marc A. Ott Assistant City Manager Name and Title Attested By. A5 TO M AND LEGAL! ': s °—s?ant Cihd Attoincy Marty Hendrh City Secretary NO M&C REQUIRED C) oO OO O 0 0 O o N M► I � c) 00 m Ln (D0) C �i - O 69 T N 6H Y W O U 0d' O J 3^ v 64 CD a 0 z o � Q C Z T Q W h OO O O O O O O O O O O O O O O O OC)O O O O O O O O O O o 0 O O, 00 0 0 O O O O O O 0 0 0 O O O O G. O O oo O O CO U) O N O O N O O (D r- C U) N C O N T M cY r- N 00 I- (O (D Il- rt N M 00 Z 0 69 64 64 M E9 E9' N E9 Ch 69 69I N E9 69 'g � 69 64 E9 E9 64 H4 C C d c I c C O = O O O O O O O O'O O O O O O O O O O O O O O O O 0 O 10 O O.O 0 0 O O LO O O Ln O O Lo O O Ln (i O Z ,$ In LO It Ltd u-) :In L,) C• L" Ln It Ln LD It r- 64 169 T 169 E9 T 69 64 - 69169 (fl 64 ,� 1"'- Ix 613. 64 69 69 ER Lu wy O,� C? 00 000 000 O00 000 O Q .y LL a co lir v N CD Iq V) M W N � co to 19T co L � E LL. p o N 4 O � x C G W ` I o •J•�� cp W ti C W cm m w uj -W c I- to T t o m o 'us o U E Q LL W 1O v U rn a Y c C)�O- j 8 I y T! O I X F-- � W Olm Mi ca r� a �0pf p m -� J aNNi A = W C _ •ca _to OI ` C Q Q CIS - +r �- ` m U Z e) p cu N ,5 cco cca I` co a ca x z t w '� v cca n v c I cv w Z H y 'c a) 'c c a� c 9> ca Ill... c a) (Clp U (n C L U) C L M L W C L Q U) C .� J C W W a B U m D-1,c-.a U 0) M rn`.a :a U m cf� a �,I - ca F' ro LL E U W c O c 0 a) c � a () c c 0 rn Q y cn 'u) d � cn d cn f- 'cn O cn cn r cn 'cn c O > ;; c m > c cn > c cn 0. c cn c {n o c W o O V 0 m O V U D O U a) y 0 V U 0 0 c�a U c cu C x U , ca eo CL �- D U •c o G U 'c o p U c o U c o U .c o •C fl cn `- Q T d Fu to a C4 Q U M Q () a le i.a N a 'D n N a Q C O O � .v N .OY .V OY .0 O .OY V '0 N �. � d O W 3 0 c9 ', m N O ca N 0 c 0 O c 0 0 1 cLa 0 CD GREGORY GEOTECHNICAL GCPTS8 Confidential-Not for use on any other projector for any other purpose without written permission from GREGEO. January 2005 GENERAL CONDITIONS FOR PROFESSIONAL AND TECHNICAL SERVICES 1. Client Client as used herein is the entity who authorizes performance of services by Gregory Geotechnical (GREGEO) and accepts responsibility for payment under the conditions stated herein. 2. On-site Responsibilities and Risks 2.1 Right-of-Entry. Unless otherwise agreed, Client will furnish right-of-entry and obtain permits as required for us to perform any required field work. 2.2 Damage to Property. We will take reasonable precautions to minimize damage to land and other property caused by our operations,but we have not included in our fee the cost of repairing such damage. If Client desires us to repair and/or pay for damages, we will undertake the repairs and add the cost to our fee. 2.3 Toxic and Hazardous Materials. Client will provide us with all information within his possession or knowledge as to the potential occurrence of toxic or hazardous materials at any site requiring site visits or other field services by GREGEO. If unanticipated toxic or hazardous materials are encountered, we reserve the right to demobilize our field operations at Client's expense. At our option, remobilization may proceed following consultation with our safety consultants and Client's acceptance of proposed safety measures and fee adjustments. 2.4 Utilities and Pipelines. While performing any required field work,we will take reasonable precautions to avoid damage to subterranean and subaqueous structures, pipelines, and utilities. Client agrees to hold GREGEO and its officers, agents, employees, and subcontractors harmless for any damages to such structures, pipelines, and utilities which are not called to our attention and correctly shown on plans furnished. 3. Warranty 3.1 Services performed by GREGEO will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions in the same or similar locality. No other warranty, either expressed or implied, is made or intended by our proposal,contract,or reports. 3.2 Client acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that our data, interpretations, and recommendations are based solely on the information available to us. We will be responsible for our data, interpretations, and recommendations,but shall not be responsible for the interpretation by others of the information developed. 4. Liability Our liability to Client for injury or damage to persons or property arising out of work performed for Client and for which legal liability may be found to rest upon us, other than for professional errors and omissions, will be limited to our general liability insurance coverage, which we maintain with a minimum limit of$1,000,000. Certificates of insurance will be provided prior to beginning services. For any damage on account of any error, omission, or other professional negligence, our liability will be limited to a sum not to exceed$50,000 or our fee less direct third-party costs, whichever is greater. In the event that Client does not wish to limit our professional liability to this sum, we agree to waive this limitation upon receiving Client's written request,and Client agrees to pay an additional consideration of 10 percent of our total fee or$500, whichever is greater. In this event our professional liability will be limited to any amounts collectable under our professional liability insurance coverage, which we maintain with a limit of$1,000,000. Insurance certificates will be provided prior to beginning services. 5. Invoices and Payment Invoices will be submitted approximately every four weeks for services rendered. Payment is due upon presentation of our invoice and is past due thirty(30) days from invoice date. Client agrees to pay a financing charge of one percent(t%) per month (or the maximum rate allowable by law,whichever is less),on past due accounts. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by Client. 6. Soil and Rock Samples All samples of soil and rock obtained in relation to our services under this agreement will be discarded 30 days after submission of our report unless Client advises us otherwise. Upon request, we will deliver the samples in accordance with Client's instructions, charges collect, or will store them for an agreed charge. GCPTS8.doc 1 GREGORY GEOTECHNICAL GCPTS8 Confidential-Not for use on any other project or for any other purpose without written permission from GREGEO. January 2005 7. Opinion of Probable Construction Costs GREGEO, if required by this agreement, may furnish an opinion of probable project development costs, for applicable portions of the project, based on present day costs for specific projects, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluation, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by GREGEO hereunder (if any) will be made on the basis of GREGEO's experience and qualifications and represent GREGEO's judgment as an experienced and qualified geotechnical-engineering professional. It is recognized, however, that GREGEO does not have control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors' methods of determining their prices. 8. Construction Phase Engineering Services If required by the AGREEMENT, GREGEO may perform limited construction phase engineering services. In performing these services, GREGEO will report any observed deficiencies to Client, however, it is understood that GREGEO does not guarantee the Contractor's or installer's performance nor is GREGEO responsible for the supervision of the Contractor's or installer's operation and employees. GREGEO shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor or installer, or the safety precautions and programs incident to the work of the Contractor or installer. GREGEO shall not be responsible for the acts or omissions of any person(except our own employees or agent)at the Project site or otherwise performing any of the work of the Project. 9. Location of Services GREGEO's services will be performed in GREGEO's offices,with appropriate field services and site observations conducted at the project site. Necessary meetings will be held in Client's local offices or other agreed upon locations as required,within the limitations described in the Letter Agreement. GREGEO reserves the right to relocate GREGEO's offices at any time. In the event that GREGEO's offices are relocated during the project, any additional travel time or mileage costs for travel to the project site incurred as a result of GREGEO's office relocation will be absorbed by GREGEO within the original project budget. 10. Records All pertinent records relating to services performed hereunder shall be retained for two years after completion of the work. Client shall have access to the records at all reasonable times during said period. 11.Confidentially and Intellectual Property GREGEO will maintain in its confidence, and will not disclose to others, without written permission from Client, any technical or business information provided to GREGEO by Client or developed by GREGEO solely for Client under the AGREEMENT, and which is specifically designated as proprietary by Client, unless GREGEO is ordered to release the information by a court or legal entity of competent jurisdiction. GREGEO has developed many intellectual property items including but not limited to computer programs, technical techniques, theories, procedures, engineering standards, standard paragraphs, report formats, and design guides. GREGEO may use these intellectual property items in performing services for Client under the AGREEMENT, and may modify or customize the intellectual property items to fit Client's specific applications. In so doing the modified or customized data will not be considered intellectual property developed exclusively for Client, and GREGEO does not relinquish any of its ownership or copyright rights to the intellectual property items. Client will have the right to use, copy, and distribute any such items provided to Client by GREGEO,only for the project or application covered by the AGREEMENT.Client will not reuse, adapt, or extend any of the intellectual property items provided by GREGEO, for purposes other than the original project or application, without the specific written permission of GREGEO. If any of the non-intellectual property items provided under the AGREEMENT by GREGEO are reused, adapted, or extended by Client for use on another project or application, without retaining GREGEO for appropriate review and adaptation, then Client agrees to hold harmless and defend GREGEO against any claims arising out of such reuse, adaptation, or extension of such items. If during the course of the AGREEMENT, Client requests that GREGEO develop any intellectual property or technical items that are to become the exclusive property of Client, the project Owner, or other third parties, such items must be specifically agreed to and described in writing between GREGEO and Client prior to GREGEO beginning to perform such services. 12. Failures Related to Existing Conditions During GREGEO's Services Client acknowledges that a reasonable amount of time is required to perform GREGEO's services as described in the Letter Agreement,with extensions as may be required by weather conditions or other unforeseen delays. Further, it is acknowledged by Client that a reasonable time frame will be required for Client to arrange for construction contractors or others to construct or implement the recommendations as presented in GREGEO's report. When GREGEO's services involve investigation, exploration, or study of existing or potential failure conditions,GREGEO does not have control over failures that may occur due to existing or natural conditions, or conditions imposed by others, prior to completion of our study and construction of the recommended stabilization measures. GREGEO therefore assumes no liability for any such failures due to existing or natural conditions,or conditions imposed by others,which occur during our study or during the construction period. GCPTS8.doc 2 GREGORY GEOTECHNICAL GCPTS8 Conridential-Not for use on any other project or for any other purpose without written permission from GREGEO. January 2005 13. Sales Tax on Professional Services Unless specifically stated otherwise in the Letter Agreement,GREGEO has not included sales tax on Professional Services, and is not aware of any such sales tax that applies to Professional Services related to our scope of services on this project. In the event that a governmental entity of competent jurisdiction should impose sales tax on Professional Services that would apply to GREGEO's scope under the Letter Agreement for this project, Client acknowledges that such sales tax will be considered as Additional Services, the actual cost of which will be added to GREGEO's budget and paid by Client.GREGEO will not add any markup to such sales tax,but will bill the sales tax to Client at actual cost.The term"sales tax"as used in this paragraph shall be understood to mean any sales tax or revenue-based tax similar to sales tax, on professional services. GCPTS8.doc 3 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE TM 04/25/2005 PRODUCER McLaughlin Brunson Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75243 INSURERS AFFORDING COVERAGE INSURED Gregory Geotechnical INSURER A: Hudson Insurance Company 2001 West 44th INSURER B: United States Fidelity and Guaranty Company Stillwater CK 74074 INSURERc St.Paul Fire and Marine Ins.Company INSURER D: NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS B GENERAL LIABILITY BK01247843 08/12/2004 08/12/2005 EACH OCCURRENCE $ 1,000,000 X COM MERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire S 1,000,000 CLAIMS MADE � OCCUR MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICYFX1JEC1 F7 PRO- LOC B AUTOMOBILE LIABILITY BKO1247843 08/12/2004 08/12/2005 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1����>��� ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) r-x PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 17OCCUR CLAIMS MADE AGGREGATE S $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND WVA2441244 08/12/2004 08/12/2005 X We srnru- orH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 A OTHERProfessional Liab. AEE71275-00 04/17/2005 04/17/2006 $1,000,000 Per Claim/ $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.The City of Fort Worth is named as an additional insured on the general and auto liability coverages as required by written contract.A waiver of subrogation is shown in favor of the City of Fort Worth on the workers compenstion coverage. Coverages are primary and non-contributory. CERTIFICATE HOLDER ADDITIONAL INSURED•INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth-Trnasportation and Public Works Del DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1000 Throckmorton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) ©ACORD CORPORATION 1988