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HomeMy WebLinkAboutContract 29978 CITY ;SECRETARY CONTRACT NO. . aq q7/3 ENGINEERING PROPOSAL SUBMITTED TO CITY OF FORT WORTH CHECKLIST OF ATTACHMENTS AND EXHIBITS The Standard Engineering Contract document and Attachment A (General Scope of Services)shall be provided by the City.No changes are allowed. Check if included Checklist* This sheet Contract Standard Engineering Contract document Attachment A General Scope of Services [� Supplemental scope of services: (Supplements to Attachment A) Exhibit A-1* Sanitary Sewer Evaluation Survey(SSES) ❑ Exhibit A-2* Cleaning of Selected Sanitary Sewers ❑ Exhibit A-3* Design Services:Manhole Rehabilitation ❑ Exhibit A-4* Design Services:Pipeline Rehabilitation ❑ Exhibit A-5* Design Services:Relief Sewers ❑ Exhibit A-6* Design Services:Water and/or Sanitary Sewer Improvements ❑ Exhibit A-7* Design Services:Paving and/or Drainage Improvements ❑ Exhibit A-8* Design Services: Storm Drain Channel Improvements ❑ Exhibit A-9 Supplemental Scope of Services Exhibit A-10 LTI'A Scope of Services Attachment B Compensation and Payment Schedule(hourly or lump sum) ❑ (Supplements to Attachment B) Exhibit B-1 Method of Payment&Progress Reporting requirements ,❑ Exhibit B-2 Hourly Rate Schedules L� j Exhibit B-3 Summary of total Project fees ❑/� Exhibit B-4 Listing of hours for each activity for different levels of the design work. Exhibit B-5 Opinion of Probable Construction Cost E❑ Attachment C Changes and Amendments to Std.Agreement and Attachment A Ltd Attachment D Project Schedule bar graph and table of target dates(projected and actual) ❑ Attachment E Location Maps ❑ These attachments and exhibits shall be part of the Engineering Contract. Standard forms for all items marked with an asterisk(*)may be collected from the Department of Engineering. Sample forms for all other items are also available. The Engineer shall be responsible for preparing all exhibits to Attachment A, and all other Attachments and Exhibits thereof aside from the standard engineering contract and attachment A. n Article IV 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. The CITY shall furnish such surveys, tests, and investigations, 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. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, 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 J (1) The presence or duties of the ENGINEER's pejrsonnel at a constru ion site, whether as on-site representatives or otherwise, do not make the ENGINEERING AGREEMENT r Page 2 of 14 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, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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 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 qualify 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 ENGINEERING AGREEMENT Page 3 of 14 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. 11923, as amended by Ordinance 13471, 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 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 three (3) 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 workspace in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEERING AGREEMENT Page 4 of 14 (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 three (3) 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 photo copy 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. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease -each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate The retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims- made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and five (5) years following completion of the service provided under the contractual agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. ENGINEERING AGREEMENT Page 5 of 14 (2) 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. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal 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. (e) The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for worker's compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) 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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. ENGINEERING AGREEMENT Page 6 of 14 (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum five (5) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. 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 which 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 ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. ENGINEERING AGREEMENT Page 7 of 14 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 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. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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 other consultants as the CITY deems appropriate; and render in writing decisions ENGINEERING AGREEMENT Page 8 of 14 required by the CITY in a timely manner in accordance with the project schedule in 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' services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and 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'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.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 and the ENGINEER and there are no third-party beneficiaries. ENGINEERING AGREEMENT Page 9 of 14 (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. 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 ENGINEERING AGREEMENT LL_"��i �'2�`° nti, Page 10 of 14 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 final designs, drawings, specifications and documents shall be owned by the CITY. 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. 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 five (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 storage containers, microfilm, 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 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 interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. ENGINEERING AGREEMENT Page 11 of 14 - F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as'determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will 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. The term "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. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attomey's fees, costs and expenses, wifl be final,judgment may be entered thereon in any court having Jurisdiction Wo _ lill�`li �✓Ue ENGINEERING AGREEMENT —- Page 12 of 14 will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. 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 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. M. Negotiated Agreement. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. ENGINEERING AGREEMENT Page 13 of 14 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E—Location Map ATTEST: CITY ORT WORTVJ N R7`7 By. SYIV6 Glover Marc A. Ott V Acting City Secretary Assistant City Manager cr APPROVAL RECOMMENDED Contract Authoriaatioa t,P date/Fisseler, Director, Water Department APPROVED AS TO FORM ' AND LEGALITY Lockwood, Andrews & Newnam, Inc. ENGINEER By. Assistant City Attorney Raf el Orte , P.E. Vice ' ent ENGINEERING AGREEMENT r .Page 14 of 14 -- ATTACHMENT"A" General Scope of Services "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERA 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amen-ment to the 1 '�1 ^r contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. _ 'D' -3- PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. -4- �� 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. EXHIBIT"A-9" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT"A") CITY OF FORT WORTH STANDARD SPECIFICATION UPDATE AND PRODUCT APPROVAL COMMITTEE TECHNICAL SUPPORT CITY OF FORT WORTH STANDARD SPECIFICATION UPDATE AND PRODUCT APPROVAL COMMITTEE TECHNICAL SUPPORT The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A." Work under this attachment includes updating various City Standard Material and Construction Specifications and providing technical support for the City of Fort Worth's Product Approval Committee. Task 1.0 - City of Fort Worth Standard Specification Update- A. Paragraphs 3 through 5, and 7 through 25 of Attachment A "General Scope of Services" are to be deleted. B. Paragraph 6 of Attachment A "General Scope of Services" is to be modified to the following: "6) Standard Specification Submittal Electronic files of the Standard Specifications shall be provided, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such Standard Specifications in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such Standard Specifications for any specific project. Design Engineer of future projects must evaluate the updated Standard Specifications and include them in projects, as they deem necessary. And further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the Standard Specifications or changes that are made in the implementation of the Standard Specifications without the written approval of the Engineer." C. Add the following Scope of Services: "The Specifications to be updated include the following sections: • Tap Saddles, Joint Leak Clamps and Couplings- Detailed Specifications • Service Tap Saddles- Water Field Operations • Bell Joint Leak Clamps- Water Field Operations • Cast Repair Coupling Sleeves/ Parts, Steel Transition Repair Couplings, Sleeves and Telescopic Transition Sleeves-Water Field Operations • Stainless Steel Full Circle Clamp Couplings The Standard Specification update effort will comprise of reviewing the City's approved products list, and discussing with City Operations staff repair history and other issues with the products. Based on this effort, appropriate modifications will be made the Standard Specifications incorporating appropriate references to technical standards. s -1- �� In addition, ENGINEER will review the existing specifications for consistency and recommend necessary revisions." Task 2.0 - City of Fort Worth Product Approval Committee Technical Support, A. Paragraphs 3 through 25 of Attachment A "General Scope of Services" are to be deleted. B. Add the following Scope of Services: "ENGINEER will provide technical support for the City's Product Approval Committee. This will include attending Committee meetings and product presentations, contacting references and conducting interviews to evaluate the product's reputation, performing detailed reviews of product submittals, and providing review comments and draft recommendation letters. Product submittal reviews will include identification of unique product characteristics, evaluation of cost and maintenance issues, and verification of compliance with applicable City Specifications, AWWA, and ASTM standards. These tasks will only be performed when ENGINEER is requested by the City to perform such services. ENGINEER will also utilize UT Arlington (UTA) for testing of a flowable fill for use in repairing utilities and create a specification for flowable fill. See EXHIBIT "A-10"for UTA's Scope of Services." T� lj -2- EXHIBIT"A-10" UTA'S SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") CITY OF FORT WORTH STANDARD SPECIFICATION UPDATE AND PRODUCT APPROVAL COMMITTEE TECHNICAL SUPPORT The following 14 pages constitute Exhibit A— 10. THE UNIVERSITY OF TEXAS AT ARLINGTON OFFICE OF RESEARCH November 18,2003 City of Fort Worth Attn: Mr.James Scanlan, P.E. Water Department Administration 1000 Throckmorton Street Fort Worth,TX 76102 SUBJECT: Proposal,Experimental Studies on Flowable Fill and Flowable Fill Base Materials Dear Mr. Scanlan: The University of Texas at Arlington is pleased to submit an original and four copies of the following proposal: TITLE: Experimental Studies on Flowable Fill and Flowable Fill Base Materials PRINCIPAL INVESTIGATOR: Dr.Anand J.Puppala AMOUNT REQUESTED: $50,742 PROJECT PERIOD: October 1,2003,to September 30,2004 If you require additional information or assistance in finalizing the award,please contact Judy Kaitala,Grant and Contract Specialist, in the Office of Research at area code (817)272-3656 or via email at jkaitala@uta.edu. S' ly, / 1 Mananne R. Woods, Ph.D. Assistant Vice President for Research and Director,Office of Research Enclosure cc: Dr.Anand J. Puppalar�j BOX 19145 301 S.CENTER ST.,SUITE 412 ARLINGTON,TDfAS 78019-0145 T 817272.2105 F 817272,5808 httpWw",ul8.edutresearch i 20'd ZZ:VT t700Z 02 UPf S6T8-TZ8-ZT8:X1?3 -1d3Q 2J]IIH 1 Hl2gnm 1>1nA EXPERIMENTAL STUDIES ON FLOWABLE FILL AND FLOWABLE FILL BASE MATERIALS RESEARCH PROPOSAL Submitted by Anand J.Pnppala,PhD,PE Associate Professor and Syed R. Qasim,PhD,PE Professor Department of Civil and Environmental Engineering The University of Texas at Arlin-.o n Arlington,Texas 76019 fj ` h oil i��p I ISv Cf b0'd LZ:bi b00Z 02 upC '1,A-1(1 >n l w u i Nnm ►�,j,-j PROPOSAL DESCRIPTION Project Description Introduction The conventional b ackfilling i n s hort trenches a nd 1 ong excavations g enerally i nvolves the placement of aggregate material in small lifts with appropriate compaction effort. This process is labor intensive, time consuming and may result in poor compaction efforts due to restricted trench dimensions in urban environments. Poorly constructed backfills often results in excessive settlement of the road surface, which may induce unacceptable stresses on buried utilities and structures. This typically results in distress to pavements and utility lines. Maintenance of these distressed structures is expensive, time consuming and can create traffic congestion problems. Flowable backfills or Controlled Low Strength Materials (CLSMs) are hence preferred to be used in the field for backfilling since they provide benefits such as fast setting time and high strength gains in rapid time. The City of Fort Worth currently uses Plowable fill material as a trench material, followed by the placement of 2:27 concrete as a base fill material. Some of the problems encountered in using 2:27 concrete as a base material are long setting times and poor excavatability. Conventional concrete material takes longer times to achieve their full compressive strength, thereby increasing the street restoration time. Also, concrete material attains high compressive strength and hence further excavations on this material would be difficult to perform. A Plowable base material has been recommended to the City of Fort Worth to replace the 2:27 concrete material. This flowable base material is reported to be a fast setting, and hence reduces the street restoration time. This implies that the excavation type repair sites can be opened to traffic in quick turnaround time. Also, compaction is not required as the material is proportioned to have required flowability for self-leveling. Research Objectives A few major concerns in utilizing both flowable fill and flowable base materials are that they do not always meet both ASTM standard and the City of Fort Worth specifications with regards to attaining unconfined compression strength requirements. For example, a few strength tests conducted on base and fill materials indicated that these materials did not consistently meet SO'd L':VT b00Z 02 Up[ S6T8-T2-8-ZT8:x?d ']A-13 N-q I Hfn H i>inm i>ina the required quality control standards such as exhibiting an unconfined compressive strength of 750 psi at 28 days of curing. Other concerns are related to setting time periods and settlement problems experienced in a few existing projects. All these concerns raise several important research needs. These are to comprehensively evaluate these materials in field settings, and then to investigate the suitability of CLSM base material to replace the currently used 2:27 concrete base material. This has been the main objective of the present research. Also, such research effort should be undertaken by an independent research organization such as the University of Texas at Arlington(UTA). The UTA research team of Anand J. Puppala and Syed Qasim is submitting this proposal to accomplish the proposed research objective of evaluating both CLSM materials by conducting comprehensive laboratory investigations on them to address strength, stiffness, flow and excavatability related characteristics. Both researchers are quite familiar with testing methodologies and problems associated with water distribution systems of these materials. The UTA research laboratories are also well equipped for performing appropriate test. The following sections describe research variables of importance and various tasks to be followed to address the proposed research objectives. Research Variables Currently, the flowable fill material used in the City of Fort Worth repair works is supplied by a local vendor and this material is referred in this proposal as CLSM-1. The CLSM-1 is a proprietary material and hence their exact ingredients are not reported. However, a few of the usual ingredients in these materials include fine aggregates, cement, fly ash and admixtures. In this research evaluation, another CLSM material provided by a different vendor (termed here as CLSM 2) will also considered and investigated. Considering two CLSMs from two different vendors would help in addressing which CLSM provides an effective solution in terms of cost and performance. A few other variables proposed by the personnel from the City of Fort Worth are: • CLSM types (flowable fill and flowable base material types), • Application areas, and + Operators mixing the materials at the project site. C,� � 90'd 1.Z:b T 1700Z 05� upt Aq Hm u i Nnm i;.in j For example, the CLSM-1 is available in two major forms, flowable fill and flowable fill bases, with fill materials a ontaining fine sized p articles and the b ase m aterial containing b oth coarse, medium and fine sized particles. These materials may also vary based on the applications in which they will be used. For example, the flowable material used for long trench applications will be different from the one used for repair works. Hence, application related material variability should also be considered. The final variability is the operator variability, which means the mix design in the field is dependent on the skilled personnel involved with the mixing operations in the field. Hence, different operators may produce different material mixes with varying properties. Thus, for each CLSM type supplied by a specific vendor, eight different materials may exist [2 types (fill and base materials) x 2 types of applications (trench and repair fills) X 2 operators (operators 1 and 2)], This results in a total of sixteen CLSM materials from two vendors and one 2:27 concrete material to be considered in the research evaluations. RESEARCH TASKS The following tasks describe various tasks planned to be performed in order to accomplish the proposed research objective. TASK 1: Literature Review The American Concrete Institute (ACI) Committee 229 defines CLSMs as a self- compacting and cementitious materials used primarily as a baekfill in place of compacted fill or concrete. A comprehensive literature review will be first conducted to study various CLSMs and their applications as backfills, structural fills, sound insulating and isolation fills, pavement bases, conduit bedding, erosion control and void filling. A detailed study on the proportions of various CLSMs, their properties such as unconfined compressive strength (UCS), flowability and excavatability will also be reviewed and summarized, The information is gathered from several electronic databases, such as that of American Concrete Institute (ACI) and library resources. Review of literature also includes publications of the National Cooperative Highway Research Program (NCHRP) and Transportation Research Board (TRB). LO'd ZZ:VT b00Z 02 up[ S6T8-U R-)1R:X*e 4 .1 A-:1n Aq 1 Nm u l�,nm 'vn TASK 2: Survey on Flowable Materials In this task, a survey document will be prepared, This survey will have several questions that query quality control, testing/field procedures, specifications followed, mix design, water cement ratios used in the flowable fills. This survey will be mailed to various agencies including several city agencies in Texas. If necessary, a few other major cities in US may also be considered. This survey information will be collected and reviewed. Major findings from the survey will be documented in the final report. Additionally, this information will be used to . modify the proposed test methodologies and sampling procedures used in the following tasks, if it is deemed necessary. TASK 3: Experimental Investigations In this task, experimental investigations will be performed to evaluate the suitability of. CLSM-1 and CLSM-2 materials in replacing the conventional 2:27 concrete. Tests such as flowability and unconfined compressive strength (UCS) at 28 days, will be conducted on 2:27 concrete (Control Material, CM), CLSM_I and CLSM-2 materials. The UCS data at 28 days is correlated to predict the long term strength and excavatability characteristics of these materials. Specific Research Variables: As per the discussions and suggestions by the City of port Worth, the following variables will be considered: • Control Material (CM): 2:27 concrete • Two groups of CLSMs: CLSM_1 and CLSM-2 • Types of CLSM-1 and CLSM 2: Flowable fill and Flowable fill base materials a Application areas: Long trench and repair works a Operators: Two different operators Based on the variables, a total of eight materials (2 x 2 X 2) will be studied in each group of CLSMs. Figures 1 and 2 present various material types tested under each CLSM group. Three types of tests including unconfined compression strength and flowability tests will be conducted on these materials. These tests will be conducted as per the following ASTM standards: Standard Test Method for Preparation and Testing of CLSM-aesL.Cylind,ers -- ASTM D- 4832 -95. � n 80'd LZ:bT VOOZ 02 up[ S6T8-TZ8-LT8:xPA A-41HM WlAnm ivnj • Standard Test Method for Unit Weight, Yield, Cement Content, and Air Content (Gravimetric) of CLSM-ASTM D-6023-96. • Standard Test Method for Flow Consistency of CLSM-ASTM D-6103 -91. CLSM-1 -F- 7 Flowable Fill Flowable Fill Base Long Trench Repair Fills Long Trench Repair Fills OP 1 OP 2 OP 1 OP 2 OP 1 OP 2 OP 1 OP 2 Figure 1 Details of Variables Considered for CLSM-1 CLSM-2 Flowable Fill ffwable Fill Base Long Trench Repair Fills Long Trench PRepairFills OP 1 OP 2 OP 1 OP 2 OP 1 OP 2 OP l L2L2j Figure 2 Details of Variables Considered for CLSM 2 Note: OP 1 -Operator I and OP 2 -Operakir� °.I END � 'v��Ifl, YEN. 60'd 8L:tit vooz 02 uler S618-Q8-1 T8:XR A 'I cM xa i wn H i W n i An a A total of six unconfined compression tests and three flowability tests will be. conducted on each of the eight materials of both groups. This high number of tests is selected since there appears to be a significant deviation among the available test data on these materials. This number may be decreased, if the results show an excellent repeatability. All material samples for UCS tests will be molded at the sites as per ASTM standards. One of the six samples intended for UCS tests will be brought to the UTA laboratories, immediately after molding in the field. The rest of the samples will be brought to laboratory after curing them for four days in the field as per ASTM method. Test results on all samples will be performed and then analyzed in Task 4. The flowability tests will be conducted at the field. Exeavatability of these materials depends on strength properties, and hence no additional tests are needed to experimentally evaluate excavatability data. TASK 4: Analysis of Experimental Data In this task, analysis of the results obtained in task 3 will be performed using statistical tools such as ANOVA and Nests (comparison tests) to address the following: 1. Whether the CLSM_1 exhibits properties comparable to or better than those of control material (2:27 concrete)? 2. Whether the CLSM2 exhibits properties comparable to or better than those of control material (2:27 concrete)? 3. Address any variabilities in the strength, stiffness (settlement related), flowability and exeavatability properties of flowable fill and flowable fill base materials of CLSM_1 and CLSM 2 groups? 4. Rank all test materials based on the average properties and their magnitudes. Best rank will be given to the material with properties meeting the minimum requirements set forth by City of Fort Worth and poor rank to those that do not meet targeted properties. 5. Are there any effects of operators and early transportation of material samples on the unconfined compression strength properties? 6. Cost analysis on all materials to determine whether using CLSMs would be economical in both long trench and repair sites? C� OT 'd 8Z:VT VOOZ 05-' up[ S6I8-I2-8-2-I8:Xp3 '1d3Q d3lHm HIMq mn4 TASK 5: Final Research Report and Presentations The final research report will be prepared, which will document each task, and their findings. A few salient conclusions will be drawn based on the analysis performed in Task 4. Recommendations and specifications on the materials that meet the strength criteria will be presented along with cost benefits, flow details and excavatability information. Project Duration The proposed research can be completed in a period of seven months including one month for completion of the final report. The following table describes the time periods for each task. Table 1: Time Frame for Each Task Months Task 1 2 3 4 5 6 7 Task 1 Task 2 Task 3 Task d Task 5 Research Report The final research report will be submitted at the completion of the research project. This report summarizes results from each task, recommendations and major findings on the Plowable fill and base materials. Project Management The above proposed program will be conducted by the Department of Civil and Environmental Engineering (CEE), UTA. Dr. Anand J. Puppala, Associate Professor of Civil Engineering will be the Principal Investigator and Dr. Syed Qasim, Professor of CEE will be the Co-Principal Investigator. Two students will work on the experimental tasks mentioned in this research. Resumes of both investigators are attached in the App TT 'd K:t7I b00Z 02 upC Aq►Hm u i Arun TASK S: Final Research Report and Presentations The final research report will be prepared, which will document each task, and their findings. A few salient conclusions will be drawn based on the analysis performed in Task 4. Recommendations and specifications on the materials that meet the strength criteria will be presented along with cost benefits, flow details and excavatability information. Project Duration The proposed research can be completed in a period of seven months including one month for completion of the final report. The following table describes the time periods for each task. Table 1: Time Frame for Each Task Months Task 1 2 3 4 S 6 7 Task 1 Task 2 Task 3 Task 4 Task 5 Research Report The final research report will be submitted at the completion of the research project. This report summarizes results from each task, recommendations and major findings on the flowable fill and base materials. Project Management The above proposed program will be conducted by the Department of Civil and Environmental Engineering (CEE), UTA. Dr. Anand J. Puppala, Associate Professor of Civil Engineering will be the Principal Investigator and Dr. Syed Qasim, Professor of CEE will be the Co-principal Investigator. Two students will work on the experimental tasks mentioned in this research. Resumes of both investigators are attached in the Appe — TT 'd 8Z:t7T 1700Z 02 upt W8-TZ8-ZT8:xPA -1,4710 >(q i Hm u i Arun iAnj Cost It is estimated that the above investigations can be completed for a fixed price of$50,742. This cost would be decreased to $38,192, if either CLSM 2 or flowable fill materials were excluded from experimental investigations. The details of the project costs are provided in the following. Duration Oct 2003-Aun 20U YlEAR Year Facul $9,500.00 Graduate Students $6.300.00 Ulf Students $4320.0 Technician $1 500.00 Fringe Benefits (30%Faculty,45%on Graduate Students,15% on UG Students) $6,06100 Travel $400.00 Materials (Sampling devices, Disposable cylindrical molds,scoops,flow test device and tats, Computational work) $4,200.00 Consultant $1,000.00 Report $1,000.00 TDC $34,283.00 MTDC $34,283.00 indirect Cost UTA Rate 4896 $10,459.00 Total $50,742.00 imcci l TEX. ZT 'd 8Z:tiT 170OZ 02 upt S6T8-T2-8-ZT8:xPJ 'ld3[i ?R I Hm H I xnm i Ana Appendix: Resume of Dr. Anand J. Puppala Recycled Materials, Expansive Soils, Ground Improvement (Shallow Subgrades and Deep Mixing), Soil Testing and Soil Characterization,Foundations EDUCATIONAL BACKGROUND PhD Civil Engineering, May, 1993, Louisiana State University (LSU), Baton Rouge, Louisiana, MS Civil Engineering, January, 1987, Indian Institute of Technology (IIT), Madras, India.. BS Civil Engineering, May, 1985, Andhra University, Visakhapatnam, India. PE No. 26667, Louisiana. TEACHING AND RESEARCH EXPERIENCE 1996 - Current: Associate Professor - The University of Texas at Arlington (UTA), Arlington,Texas: • Teaching graduate and undergraduate geotechnical courses including laboratory courses • Automating geotechnical laboratory testing facilities and conducting research in geoenvironmental, swell characterization, and chemical stabilization areas; Developing new research proposals, continuing research on expansive soils and stabilization areas and writing technical papers, and reports 1993 - 1996: Materials Research Engineer, Louisiana Transportation Research Center, Baton Rouge. • Provided technical support and expertise in the geotechnical and transportation engineering areas, supervise materials research laboratory activities, and guide graduate students in their research studies and preparation of research reports,papers, specifications and proposals. SELECT PUBLICATIONS Refereed Journals and Technical Publications (peer reviewed): 1. Puppala, A.J., Griffin, J.A., Hoyos, L.R., Chomtid, S., "Studies on Sulfate Resistant Cement Stabilization Methods to Address Sulfate Induced Heave Problems." ASCE. Journal of Geotechnical Engineering. 2. Puppala, A.J., Ramakrishna, A., Hoyos, L.R., "Resilient Moduli of Treated Clays from . Repeated Load Triaxial Test." Journal of the Transportation Research Board, Washington, D.C., 2003. 3. Puppala, A.J., Wattanasanticharoen, E., Koonnarnas, P.. "Experimental Evaluations of Stabilization Methods for Sulfate-Rich Expansive Soils," Ground Improvement Journal, Vol. 7, No. 1, Thomas Telford Publishers, London, January,2003. 4. Porbaha, A. and Puppala, A.J., "In Situ Techniques for Quality Assurance of Deep Mixed Columns," Grouting and Ground Treatment, ASCE_ Special Publication. New Orleans, March, 2003. 5, Puppala, A.J., Viyanant, C., Kruzic, A., Perrin, L., "Evaluation of A Modified Sulfate Determination Method for Cohesive Soils," ASTM Geotechrrica esting ourn 1, March, 2002. 21 'd 8Z:V i b00Z 02 up[ S618-12_8-118:Xp A 'I H�fi ?I-1 I HM u 1 AnM i�,,n a 6. Puppala, A.J, and Musenda, C., "Effect of Fiber Reinforcement on Strength and Volume Change Behavior of Two Expansive Soils," Journal of the Transportation Research Board, National Academy of Science, Transportation Research Board, TRR 1736, Washington, DC,2000. 7, Puppala, A.J., Hoyos, L., Viyanant, C., Musenda, C. "Fiber and Fly Ash Stabilization Methods to Treat Soft Expansive Soils,"ASCE Special Publication No. 112, Soft Ground Technology, Noordwijkerhout, The Netherlands, May 28 —June 2, 2000. 8. Puppala, A.J., Mohammad, L.N., and Allen, A. "Estimation of Permanent Strains of Subgrade Soils from Repeated Load Triaxial Tests" ASCE Journal of Materials in Civil Engineering, Vol. 11, No. 4, November 1999,pp. 274-282. 9. Puppala, A.J., Hanchanloet, S., Jadeja, M. and Burkart, B. "Evaluation of Sulfate Induced Heave by Mineralogical and Swell Tests," XI Pan-American Conference on Soil Mechanics and Geotechnical Engineering,Foz do Iguacu, Brazil, August, 1999, 10. Puppala, A.J., Aear, Y.B. and Tumay, M.T., "Low Strain Dynamic Shear Modulus of Cemented Sand from CPT Results," National Academy of Science, Transportation Research Board,TRR No. 1548, 1997. 11. Puppala, A.J., Mohammad, L.N. and Allen, A., "Engineering Behavior of Lime Treated Louisiana Subgrade Soil" National Academy of Science, Transportation Research Board, TRR No. 1545, Washington, DC, 1997. 12, Acar, Y.B., Seals, R.K., and Puppala, A.J., "Engineering and Compaction Characteristics of Boiler Slag," Geotechnics of Waste-Fills, Theory and Practice, ASTM, STP 1070, Arvid Landva, G. David Knowles, Editors, American Society for Testing and Materials, Philadelphia, 1990. 13. Puppala, A.J., Suppakit, C., Viyanant, C., Perrin, L., "Sulfate Heaving Problems in Stabilized Soils: Observations From a Few Case Studies," Second International Conference on Engineering Materials, San Jose,California, August 16-19, 2001. 14, Puppala, A.J., Dunker, C., Hanehanloet, S., Ghanma, K., "Swell and Shrinkage Characteristics of Lime Treated Sulfate Soil,"American Society of Civil Engineers Spring Meeting Proceedings, South Padre Island, Texas, April, 1998 (Won the Best Paper of the Geotechnical Session Award). AFFILIATIONS, and HONORS • Received Outstanding Civil Engineering Instructor Award in 2002-2003. • Received the Outstanding Young Faculty Award from the College of Engineering, The University of Texas at Arlington in 2001. a Received Promotion with Tenure in 2001. • Received the 1998 Best Paper Award in Geotechnical Engineering Session from ASCE Texas National Research Council, Transportation Research Board Committee on Exploration and Classification of Earth Materials, Section on Soil Mechanics, Group 2, Section L, A2L01 (Member) • National Research Council, Transportation Research Board Committee on Soils and Rock Instrumentation, Section on Soil Mechanics, Group 2, Section K, A2K01 (Member) • American Society of Civil Engineers (ASCE) (Member) • American Society of Testing Materials(ASTM) (Member until 1996) Chi Epsilon (Civil Engineering Honor Society Member) Tau Beta Pi (Engineering Honor Society Member and UT,4 Advisor) I°r K.7 t7I "d 6Z:bt t700Z 02 UP[ %T8-TZ8-ZI8:x2A 'I�qa XI HM H i Anm i Nn a Dr. Syed R. Qasim, P.E. Professor Ph. D. 1965 West Virginia University M.S.C.E. 1962 West Virginia University B.S.C.E. 1957 Aligarh Muslim University Areas of Expertise: Environmental engineering; municipal and industrial water supply and waste treatment; solid and hazardous waste management; water quality analysis; environmental impact assessment. Background: Dr. Qasim is Professor of Civil and Environmental Engineering. He has had industrial experience in design of water and wastewater treatment facilities with Alden E. Stilson and Associates, Columbus, Ohio, and conducted full-times rciscarch with Battelle Memorial Institute, Columbus Laboratories. Prior to joining the faculty of the University of Texas at Arlington in 1973, he served on the faculty of Polytechnic University, Brooklyn, New York. His major research assignments include water and wastewater management systems for aircraft, watercraft, naval ships, military bases;treatability studies using bench and pilot plant facilities; design and process evaluation of municipal and industrial water and wastewater treatment facilities; biological nutrient removal; taste and odor control in municipal water supplies; water reclamation and reuse in industrial plants; leaching of sanitary landfills; monitoring of toxic chemicals in natural waters; biogas generation; and preparation of environmental assessment reports. He has published over 120 technical papers, book and encyclopedia chapters, and research reports. He has authored and co-authored three books; Water Works Engineering: Planning, Design and Operation, 2000 (Prentice Hall); Wastewater Treatment Plants: Planning, Design and Operation, 2nd edition, 1999 (Technomic Publishing Co., Inc.); and Sanitary Landfill Leaehate: Generation, Control and Treatment, 1994 (Technomic Publishing Co., Inc.). Honors and Awards: Dr. Qasim is the recipient of the College of Engineering Halliburton Award for excellence in research, and the Distinguished Research Award of the University of Texas at Arlington. He received a Fulbright Fellowship for research in India and has served as a United Nations consultant to India under TOKTEN program (Transfer of Knowledge Through Expatriate Nationals), and a consultant to the Kuwait Institute for Scientific Research. He has reviewed concept papers and research proposals for the National Science Foundation, Research Grants Council of Hong Kong, Kuwait University, and the Office of Central Europe and Eurasia. He served as a reviewer of technical papers for the Journal of Environmental Engineering Division, ASCE, International Association of Water Quality: Arab Journal of Scientific Research; and Journal of Qatar University. He also reviewed book proposal for Technomic Publishing Co., McGraw-Hill Book Company, Marcell and Dekker, Inc., Prentice Hall and has served on the Editorial Board of the Encyclopedia of Environmental Science and Engineering. Memberships: Dr. Qasim is a member of the American Society of Civil Engineers, American Water Works Association, Water Environment Federation, Association of Environmental Engineering and Science Professors, and many other professional and honor societies, He is a Registered Professional Engineer in the states of Texas and Ohio, and is listed in Who's Who in America, Who's Who in American Education,American Metz and Women of Science, and Who's Who amon Asian Americans. 17' NK' IPH RIPS, Si 'd 6Z:bi b00Z 02 uer %T8-iZ8-Zi8:Xpd '1dla N-41HM HIAnm iAna ` Presentations: Dr. Qasim's authored and co-authored papers and invited seminars have been presented in Canada, China, Sweden, Greece, Hong Kong, India, Korea, Kuwait, Malaysia, Singapore,Thailand, and USA. 9t 'd 6Z V b00z 02 up[ S6T8-I2-8-2-t8.Xp3 '1d3Q 2131d1n Hl?)C1PI 11,g1A EXHIBIT B-2 HOURLY RATE SCHEDULE Project Manager $188.00 Senior Engineer Professional $110.00 Engineer $90.00 Senior Designer $70.00 Secretary $65.00 2EVkv - 1 of 1 - EXHIBIT B-3 SUMMARY OF TOTAL PROJECT FEES Description Total Flowable Fill Testing (performed by UTA) $55,817.00 Printing and Reproduction $150.00 Travel $2,400.00 Miscellaneous $210.00 TOTAL FEE $58,577.00 - 1of1 - EXHIBIT B-4 LISTING OF HOURS FOR EACH ACTIVITY FOR DIFFERENT LEVELS OF WORK Standard Specification and Detail Update Senior Project Engineer Senior Task Description Total Labor Manager Professional Engineer Designer Secretary Review Current Specifications 4 1 1 2 0 0 Technical Research 20 4 4 12 0 0 _._. -- Draft Update of Specifications — 24 12 4 8 0 0 Update Specifications to be consistent with CSI Format 5 1 2 2 0 0 _ Prepare Sketches 11 4 1 2 4 0 Quality Control 12 8 4 0 6-- o Review Meeting with City of Fort Worth 20 8 4 4 0__ __ 4 Incorporate Goof Fort Worth Comments 11 1 2 4 0 4 Final Update of Specifications 7 1 2 4 0 0 Final Review Meeting with City of Fort Worth 20 8 4 4 0 4 Total Hours 134 48 28 42 4 12 Hourly Labor Rate $188.00 $110.00 $90.00 $70.00 $65.00 Total Labor Cost $16,944.00 $9,024.00 $3,080.00 $3,780.00 $280.00 $780.00 Task 1.0 Total= $16,944.00 (Not to Exceed) Product Approval Committee Support-One Year Senior Project Engineer Senior Task Description Total Labor Manager Professional Engineer Designer Secretary ttend U to Ei ht 8 Committee Meetings and Presentations 152 64 0 64 0 24 er Com liance with City Specifications,AWWA,and ASTM Stds_. 18 2 8 8 _ 0 0 I enti Unique Characteristics of Products 24 4 8 12 0 0 < aluate Product Cost and Maintenance Issues 24 4 8 12 0 0 aJ ntact References and Conduct Interviews to Evaluate Product 14 2 4 8 0 0 ovide Third Party Evaluation of Proposed Specifications 24 4 8 12 0 0 kw --- v' velo Additional Specifications 28 4 8 12 0 4 C m ile Review Comments and Draft Recommendation Letters 25 4 2 12 0 7 C7 -t A Mana ement 32 4 8 12 0 8 — L b velop Flowable Fill Specification Section 14 2 4 8 0 0 Total Hours 309 88 46 140 0 35 Hourly Labor Rate $188.00 $110.00 $90.00 $70.00 $65.00 Total Labor Cost $36,479.00 $16,544.00 $5,060.00 $12,600.00 $0.00 $2,275.00 Task 2,0 Total= $36,479.00 (Estimated Total Only) -1 of1- ATTACHMENT"C" Change and Amendments tQ Standard Agreement "Standard Agreement can only be modified by additions, clarifications, and/or deletions set forth herein. In cases of conflict between the Standard Agreement and the Changes and Amendments to Standard Agreement, the Changes and Amendments to Standard Agreement shall have precedence over the Standard Agreement." A. Delete Article IV, Paragraph C "Subsurface Investigations." B. Modify Article IV, Paragragh D"Preparation of Engineering Drawings"to the following: "D. Preparation of Specification Sections The ENGINEER will provide to the CITY electronic files of the updated Standard Specification Sections, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such Standard Specifications in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such Standard Specifications for any specific project. Design Engineer of future projects must evaluate the updated Standard Specifications and include them in projects, as they deem necessary." C. Delete Article IV, Paragraph E "Engineer's Personnel at Construction Site." D. Delete Article IV, Paragraph G "Construction Progress Payments." E. Delete Article IV, Paragraph H "Record Drawings." F. Modify Article IV, Paragraph K "ENGINEER's Insurance,"part 2.d to the following: "(d) A minimum of thirty (30) days notice of cancellation or non-renewal 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. ENGINEER shall give 30 days notice of any material change in coverage." G. Delete Article IV, Paragraph M "Disclosure." H. Delete Article IV, Paragraph N "Asbestos or Hazardous Substances." I. Delete Article IV, Paragraph O "Permitting Authorities—Design Changes." J. Delete Article V, Paragraph C"Advertisements, Permits, and Access." K. Modify Article V, Paragraph D"Timely Review" to the following: 2) _1_ 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 other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner." L. Delete Article V, Paragraph F "Asbestos or Hazardous Substances and Indemnification." M. Delete Article V, Paragraph G "Contractor Indemnification and Claims." N. Delete Article V, Paragraph H "Contractor Claims and Third-Party Beneficiaries." O. Delete Article V, Paragraph I "CITY's Insurance." P. Modify Article VI, Paragraph B"Reuse of Documents"to the following: 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 final designs, drawings, specifications and documents shall be owned by the CITY." Q. Modify Article VI, Paragraph L "Observe and Comply"to the following: "L. Observe and Comply ENGINEER shall at all times observe and comply with all non-conflicting federal and State laws and regulations and with all non-conflicting City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist by governing bodies having jurisdiction or authority for such enactment which exist as of the execution of this Agreement. ENGINEER agrees to 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, and for which ENGINEER is found to be legally liable." R. Modify Article VII to the following: "Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral and rstandings, and may only -2- be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services" -3- (/J J City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/6/2004 DATE: Tuesday, April 06, 2004 LOG NAME: 60LAN REFERENCE NO.: **C-20022 SUBJECT: Agreement with Lockwood, Andrews & Newnam, Inc. to Update Standard Specifications and Provide Technical Support for the Product Approval Committee RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an agreement with Lockwood, Andrews & Newnam, Inc. to update standard specifications, and provide technical support for the Product Approval Committee for a cost not to exceed $112,000. DISCUSSION: The Water Department has identified the need to update certain standard specifications for pipeline fittings and pipeline trench fill materials. Use of current industry materials allows for durable water distribution and sewer collection systems, and reduces maintenance. Also, as new pipeline products become available in the marketplace, it would be prudent to have an independent evaluation provided by a firm with expertise in that field. It is proposed under this agreement to utilize the University of Texas at Arlington, as a subcontractor, to evaluate flowable fill and flowable fill base materials for inclusion in standard specifications. Lockwood, Andrews & Newnam, Inc. is in compliance with the City's M/WBE Ordinance by committing to 16% M/WBE participation on this project. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water and Sewer Capital Project Funds. TO Fund/Account/Centers FROM Fund/Account/Centers PW53 531200 060530177950 $56,000.00 PS58 531200 070580176270 $56,000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60LAN Page 1 of 1