HomeMy WebLinkAboutContract 36102 CITY SECRETARY
GREGORY GEOTECHNlCAI �ONTRgCT NO.
alLow-,
rcjn:'::e
1 West 44 venue
Stillwater, Oklahoma 74074-2415
Phone: 405-747-8200 Fax: 405-747-8201
October 22, 2007
City of Fort Worth GREGEO Project No. FTW07003
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Mr. James A. Riddell
Letter Agreement for Geotechnical Engineering Services
Pavement Failure Investigation —Various Streets
Fort Worth, Texas
Introduction
Gregory Geotechnical (GREGEO) is pleased to submit this Letter Agreement to the City of Fort
Worth, Texas (CITY) for providing geotechnical engineering services on the referenced project. This
Letter Agreement was requested by Mr. James Riddell, and is based upon information provided to
GREGEO by CITY.
It is our understanding that our services will consist basically of providing geotechnical engineering
services consisting of but not necessarily limited to review of existing data, field exploration,
laboratory testing, report preparation, and expert witness testimony as required and requested
relative to the investigation of street failures as referenced above.
Scope of Services
I. Basic Services
A. Field Services
Field services will consist basically of field exploration activities including drilling of soil borings to
obtain soil samples and to determine general subsurface conditions, subgrade conditions, and
pavement conditions in appropriate locations. These services will include marking of boring locations
prior to drilling and coordination with the CITY and with utility companies to mark underground utilities
in the vicinity of the proposed borings. Upon completion of drilling, boreholes will be appropriately
backfilled and borehole intervals through the pavement will be patched with premixed bag concrete
for concrete streets or cold mix bag asphalt for asphalt streets.
The borings will be advanced with a truck mounted drill rig. Nominal 4-inch and/or 6-inch diameter
augers will be used to advance the borings. Cohesive soil samples will be obtained using nominal
GREGORY GEOTECHN/CAL—Project No.FTW07003 Page 2 of 4
City of Fort Worth:Attn: Mr. James A. Riddell October 22, 2007
Pavement Failure Investigation—Various Streets—Fort Worth,Texas
3-inch diameter thin-walled tube samplers. Cohesionless samples will be taken with a split barrel
(split spoon) sampler in conjunction with the Standard Penetration Test. The samples will be extruded
in the field, checked for consistency with a hand penetrometer (cohesive samples), wrapped to limit
loss of moisture, and transported to the laboratory for testing of selected specimens. A Geotechnical
Technician will prepare a field log of each boring to visually document subsurface materials
encountered. GREGEO will stake the boring locations using normal taping procedures from existing
topographic features and with the use of a hand-held GPS survey unit where necessary.
B. Laboratory Services
Laboratory tests will be performed for classification purposes, and to determine subgrade support
characteristics of the pavement subgrade and subsurface materials. The following types of tests are
anticipated:
• moisture content and Pocket vane shear
• percent passing no. 200 sieve
• liquid and plastic limit tests
• UU Triaxial tests on undisturbed specimens
• Grain Size Analysis tests
• unit weight determinations
• free swell tests on selected soil samples
• soil box resistivity tests on soil to estimate corrosion potential
• sulfate content tests
• Recompacted UU Triaxial Tests on Lime or Cement-Treated Soil
• The specific types and quantities of tests will be determined based on subsurface
conditions encountered in the borings.
C. Professional Services
Professional services may consist of, but not necessarily be limited to the following:
• Review of records, data, and documents related to the project
• Attend meetings as required and requested by CITY.
• Provide telephone consulting, written correspondence, and e-mail correspondence as required
and requested.
• Perform calculations and analyses as required.
• Prepare reports, exhibits and other documents as required.
• Provide expert testimony in depositions and at judicial proceedings, if requested.
GREGORY GEOTECHNICAL—Project No.FTW07003 Page 3 of 4
City of Fort Worth:Attn: Mr. James A. Riddell October 22, 2007
Pavement Failure Investigation—Various Streets—Fort Worth,Texas
Items other than those described above, which are later determined to be required or are requested
by CITY, may also be performed by GREGEO under this letter agreement, consistent with
GREGEO's areas of expertise and availability.
D. Payment for Basic Services
The Basic Services described above will be performed on a unit price basis, in general accordance
with the attached Gregory Geotechnical Schedule of Fees — January 1, 2007, The Schedule of Fees
is subject to change each January. if GREGEO's services extend beyond the next January and there
are increases in any fees that apply to this project, CITY will be notified and provided a copy of the
new fee schedule prior to any services being performed under the new fee schedule. The final cost of
Basic Services cannot be determined at this time since the required scope of services cannot be fully
defined at this time. However, an initial Basic Services Budget of $50,000 is recommended. This
budget amount may be increased from time to time, if required, with amendments to this letter
agreement. CITY will be notified by GREGEO when billable costs reach approximately 80 percent of
the current budget amount. GREGEO will prepare invoices for services approximately every two to
four weeks during those periods when significant services are being performed. In the event that only
a minimal amount of services are performed during any four-week period, these charges may at
GREGEO's discretion be accumulated and included in the next billing cycle. Invoices are due and
payable upon receipt.
E. Basic Services Schedule
Basic Services will be performed at reasonable times and within reasonable schedules as requested
by CITY consistent with GREGEO's other workload and commitments. GREGEO will make a
concerted effort to be available to meet CITY's critical schedule items.
III. Terms and Conditions
The scope of services will be performed pursuant to the attached GENERAL CONDITIONS
FOR PROFESSIONAL AND TECHNICAL SERVICES, Schedule GCPTS8LL, January 2007,
which is incorporated into and made a part of this Letter Agreement. In signing the
Agreement, 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 the Letter Agreement for our files. GREGEO agrees that the
email copy of this Letter Agreement with the applied signature of GREGEO's authorized
representative is binding upon GREGEO. An email copy of the signed Letter Agreement from CITY is
acceptable with the condition that CITY agrees that the email copy with the signature of CITY's
authorized representative is binding upon CITY.
GREGORY GEOTECHNICAL—Project No.FTW07003 Page 4 of 4
City of Fort Worth:Attn: Mr. James A. Riddell October 22, 2007
Pavement Failure Investigation—Various Streets—Fort Worth,Texas
Please contact us if you have any questions or need additional information at this time. We
appreciate the opportunity to provide geotechnical engineering services on this project.
Respectfully Submitted,
GREGORY GEOTECHNICAL
Texas Engineering Firm Registration No. F-308
Dr. Garry . Gregory, Ph.D., P.E /
Principal Consultant
Texas P. E. No. 57143
CI F T WORTH
Date 'D
Authorizing Signature
Marc A. Ott
As61stant City Manager
Name and Title
APPROVED AS TO
F RM AND EGALITY:
Q
ASSISTANT CITY TORNEY
Attested By:
btarty HendrLx
City Secretary
(2 0
I
Date
GREGORY GEOTECNN/CAL
Schedule of Fees
Effective January 1,2007
1. Personnel—Basic Services
Position Hourly Billing Rate
Principal Consultant $175.00
Senior Engineer 140.00
Staff Engineer 80.00
Senior Geologist 95.00
Staff Geologist 70.00
Senior Geotechnical Technician 60.00
Geotechnical Technician 111 50.00
Geotechnical Technician II 45.00
Geotechnical Technician 1 35.00
Drafter 50.00
Secretarial/Word Processing 45.00
Administrative Manager 60.00
(Personnel time includes all time directly related to the project, including office, field, and travel time. Hourly billing rates apply to
full-time, part-time, and contracted personnel in the appropriate category).
2. Personnel—Additional Services,Expert Testimony,and Overtime
Personnel rates for Additional Services will be billed at the hourly rates listed for Basic Services. Personnel time for participation
or engineering support in public hearings and/or judicial proceedings, including but not limited to expert or direct testimony and
depositions, will be billed at 1.3 times the Basic Services hourly rate, rounded up to the next whole dollar. Overtime rates for
hourly and technical services personnel (Secretarial/Word Processing, Drafting, Technicians, etc.)will be billed at 1.2 times the
Basic Services hourly rates, rounded up to the next whole dollar. Overtime will be considered to consist of all time more than 8
hours per day and 40 hours per week, as specifically requested or approved in advance by Client. All services performed on
Sunday, including travel time specifically requested by Client will be billed at 1.5 times the Basic Services hourly rate for all
personnel, rounded up to the Next whole dollar. Overtime and weekend, holiday, or emergency response will be performed upon
request, based upon availability of personnel. Overtime work not requested by Client, and performed for the convenience of
Gregory Geotechnical(GREGEO),will be billed at standard hourly rates for Basic Services.
3. Expenses
3.1 Direct Expenses
Direct expenses include outside printing and reproduction expense, communication expense, travel, transportation and
subsistence away from GREGEO's main office location, and other miscellaneous expenses directly related to the project or our
services for Client. Direct expenses will be billed at 1.10 times cost. The billing rate for employee or company vehicles will be
$0.52 per mile, or the current maximum rate designated by IRS at the time of incurring the mileage expense, whichever is
greater. If the average cost of gasoline in the project area rises above$2.25 per gallon, the mileage rate will be increased by 1/3
of the amount above$2.25, rounded up to the next whole cent, for periods when the price per gallon is above$2.25.
3.2 Field Exploration and Laboratory Expenses
Field exploration and laboratory expenses will be billed at GREGEO standard unit prices for field and laboratory services in effect
at the time such services are requested. Unit prices will be provided to Client for the specific services items prior to performing
such services.
3.1 Outside Expenses
Outside expenses include services performed by others such as, but not limited to analytical (chemical) laboratory testing
services, outside consultants, and specialty services. Outside expenses will be billed at 1.10 times cost, or at agreed upon unit
prices. Outside expenses will be approved in advance by Client.
Page 1 of 3
GREGORYGEOTECHNICAL Schedule of Fees January 1, 2007
4. Equipment
Item Unit Billing Rate
Support Vehicle(Pickup Truck or SUV)(Mileage Charge Not Included) Day $45.00
Nuclear Moisture-Density Gage Day $50.00
Sand Cone, Drive Cylinder,or Rubber Balloon Density Set(One Day Minimum) Day $35.00
GPS Survey Unit(2 Hour Minimum) Hour $65.00
Automatic Survey Level and Tripod (One Day Minimum) Day $65.00
Standard Engineers Transit and Tripod (One Day Minimum) Day $65.00
Digital Inclinometer Unit(One Day Minimum) Day $250.00
VW Instrument Monitoring Unit(One Day Minimum) Day $100,00
Electronic Water Level Indicator(One Day Minimum) Day $35.00
Field Pack Small Equipment(One Day Minimum) Day $40.00
(Field Pack includes Brunton Pocket Transit, Clinometer,Tapes,
Hand Level, Rock Picks, Digital Camera,Video Camera, Field Books,
Pocket Penetrometer, Pocket Vane,etc.)
Instrumentation Installation Tools(One Day Minimum) Day $75.00
(Instrumentation Installation Tools includes Push Heads,shovels,
Meter Stick, VW Piezo Saturation Unit,Vacuum Charge-Purge Unit,
Specialty Hand Tools, Ohm Meter,etc.)
The above billing rates include calibration, cleaning after return, maintenance, and storage of all equipment. Billing rates are
based on equipment being used by GREGEO personnel only. Personnel time is not included in equipment billing rates, except
for calibration, cleaning after return, maintenance, and storage as listed above.
The above rates are based upon performing these services and using the equipment in non-hazardous, non-toxic environments. Fees
are subject to change annually in January. Client will be notified of fee changes(if any)prior to performing services under the new fee
schedule.
5. Payment Terms
5.1 General Services
Invoices for services will be submitted approximately every four weeks. Payment is due upon receipt of invoice and is past due
30 days after the invoice date. Invoices will be submitted to Client by email unless other arrangements are made in advance. In
the event of past due payments, GREGEO may suspend services until all payments are current and may require a retainer fee
on future services.
5.2 Expert Witness Services
All expert witness services require a retainer fee prior to beginning our services. The retainer fee is typically 25 percent of the
total estimated cost of our services, with a minimum of$1,000.We will prepare invoices for our services approximately every two
weeks and will draw against the retainer to cover each invoice. Copies of each invoice will be emailed to Client. Each invoice will
show charges to date and remaining retainer balance. An additional retainer will be required when the retainer balance drops
below$1,000.Any unearned retainer will be promptly returned to Client upon completion of our services.
5.3 Seminars and Training Sessions
Seminars (or similar training sessions)conducted by GREGEO will be based upon a lump sum fee which will be included in our
letter agreement to Client. The full fee for seminars is due at the conclusion of the seminar and will be received from Client by the
GGFEES_07.DOC-January 2007
CONFIDENTIAL—Not for use on any other project or for any other purpose without written permission from GREGEO.
Page 2 of 3
GREGORYGEOTECHNICAL Schedule of Fees January 1,2007
GREGEO person conducting the seminar.An invoice will be sent to Client prior to the seminar so a check can be prepared and
ready at the time of the seminar
GGFEES_07.00C-January 2007
CONFIDENTIAL—Not for use on any other project or for any other purpose without written permission from GREGEO.
Page 3 of 3
GREGORYGEOTECHNICAL Geotechnical Exploration Fee Schedule January 2007
Location Code: DFW
Item _ Description Unit Unit$_ Quantity _ Extended$_
T _ Field Drilling and Sampling
Standar Truck-Mounted Drill Rig
M-1 M bilization (local 30 mi radius) Each $200.00
_M-2 Daily Trip Charge for Drill Crew w/Truck or Pickup Each __$75._00 _--
SI-1 Soil Drilling- Intermit ent Sampling (<50 ft) LF $10.00
SI-2 Soil Drilling- Intermit ent Sampling (50- 100 ft) LF
SC-1 Soil Drilling-Continuous Sampling (<50 ft) LF $14.50
SC-2 Soil Drilling-Continuous Sampling (50_100 ft) LF
SCT-1 Sgil Drilling-Continuous CME Tube Sampling(<50 ft) LF $14_.5.0
SCT-1 Sbil Drilling-Continuous CME Tube Sampling(50- 100 ft) LF
RD-1 Rock Drilling w/Rock Auger- No Coring (<50 ft)
RD-2 R ck Drilling w/Rock Auger- No Coring (50- 100 ft) LF
RC-1 R ck Coring- NW-N minal 2"Core(<50 ft) LF $17.50
RC-2 R ck Coring- NW-N minal 2"Core(50- 100 ft) LF
SPT Standard Penetration Test(SPT) Each
Texas
TCP xas Cone Penetrorineter Test (TCP) _ Each $20.00 - - -
CC-1 Concrete Pavement Coring- 8" Dia x 6" ($275 minimum) Each $75.00
Borehole Sealing
BH-1 Bapkfill Borehole w/Bentonite Chips&Soil Cuttings(< 6"dia) LF $5.00
BH-2 Bockfill Borehole w/Bentonite Chips(<=6"dia) LF $7.00
PT-1 Patch Paving- Sackrete or Cold Mix Asphalt(<=8"dia) Each $40.00
instrumentation Installation & Incidential Equipment
- --------- ------------ --- ----- ------- -
IC-1 3.�4" Inclinometer Casing w/#8 Granular Seal (<50 ft) LF $35.00
UI-1 Upright Steel Surface Cover for Inclinometer(no pad) Each $175.00
OSP-1 1"Dia Open Standpipe Piezometer(OSP)w/2'Screen(<50 ft) LF $35.00
UP-1 Ulbright Steel Surface Cover for OSP (no pad) Each $175.00 _ - -
CP-1 4'x 4' x 4" Concrete Surface Pad for IC or OSP Each $225.00
ICR-1 Digital Inclinometer Unit(1 day min) _ Day -$250.00
VWR-1 VV'V Instrument Monitoring Unit (1 day min) Day $100.00
WLI-1 Electronic Water Lev I Indicator(1 day min) Da $35.00
INT-1 Instrument Installation Tools (1 day min) Day $75.00
FP-1 Field Pack Small Equipment(1 day min) Day $40.00
MDG-1 Nuclear Moisture-Density Gage(1 day min) Day $5_0,00
SC-1 Sand Cone or Drive Cylinder Density Set(1 day min) Day _$35.00
EL-1 Engineers Survey Level (1 day min) Day $65.00
ET-1 Engineers Survey Transit(1 day min) _ _ _ Day $65.00
GPS-1 G S Survey Unit(2 hour min) Hour $65.00
------ ---- -
Hourly Drill Rigs & Equipment
D_RH-1 Tr ck_Drill Rig Instrumentation Installation(2 Crew) Hour $165.00
DRH-2 Truck Drill Rig for General Sampling (2 crew) Hour $150,00
DRH-3 Articulated Boom Rig for Slopes(3 crew) Hour $250.00
DRM-1 Mobilization of Truck Drill Rig (local 30 mi Radius) Each $200.00
DR_M-2 Mobilization of Truck Drill Rig (Round Trip) Mile $3.00
DRM-3 Mobilization of Articulated Boom Rig (local 30 mi radius) Each $300.00
DRM-4 M bilization-Articulated Boom Rig (round trip-$300 min) _ Mile_ _ $4.00 _ ______
SE-1 Sdil Extruder-Hydraulic Electric(1 day min) Day $75.00
SV-1 Support Vehicle-SUV or Pick Up(1 day min) Day $45.00
TC-1 Traffic Control Program During Drilling LS
* = Quoted on a case by case basis.
Rates do not include Geologist/Technician time.
Page 1 of 1
GREGORYGEOTECHNICAL Geotechnical Laboratory Fee Schedule January 2007
Item I Description Unit
-- nit Unit$ Quantity _-Extended
Shea $-
Triaxial r trength Tests -(CH-CL-MH-ML)
--- - ----
1.4"Diameter(do s not include diameter
T-1 UU Triaxial Compres ion Specimen $110.00
T-2 CU'Triaxial Compre sion (3 specimens required) _ Specimen $375.00 _
T-3 CD Triaxial Compres,ion (3 specimens required) Specimen $375.00
2.0." Diameter(does not include diameter trimming)
T-4 UU Triaxial Compression Specimen
_T-5 CU'Triaxial Compression (3 specimens required) Specimen $400.00
T-6 CD Triaxial Compression (3 specimens required) Specimen
2.8" Diameter(does not include diameter trimming)
T-7 UU Triaxial Compression Specimen $110.00
T-8 CO'Triaxial Compression (3 specimens required) Specimen $450.00
T-9 CD Triaxial Compression (3 specimens required) Specimen $450.00
Triaxial Shear Strength Tests -(SC-SM)
1.4" Diameter(does not include diameter trimmin
T-10 UU Triaxial Compression Specimen $110.00
T-11 CIVTriaxial Compression (3 specimens required) Specimen $250.00
T-12 CD Triaxial Compression (3 specimens required) Specimen $250.00
2.0" Diameter(does not include diameter trimming)
T-13 UU Triaxial Compression Specimen $110.00
T-14 CU'Triaxial Compression (3 specimens required) Specimen $265.00 -
T-15 CD Triaxial Compression (3 specimens required) Specimen $265.00
_ 2.8" Diameter(does not include diameter trimming)
T-16 UU Triaxial Compression Specimen $110.00 ---
T-17 CU'Triaxial Compression (3 specimens required) Specimen $300_.00
T-18 CD Triaxial Compression (3 specimens required) Specimen $300.00
Triaxial Shear Strength Tests -(SP-SW)
_ 1.4" Diameter
T-19 CD Triaxial Comprest�.ion (3 specimens required) Specimen -$135.00 - - -
2.0" Diameter
T-20 C Triaxial Compression (3 specimens required) Specimen $150.00
2.8" Diameter
T-21 CIS Triaxial Compression (3 specimens required) Specimen $175.00
Direct Shear Strength Tests -(CH-CL-MH-ML)
- - --- -- ------- ------- ----------------- ---
D-1 CD Direct Shear-2.0"or 2.5" Dia (3 specimens reqd) Specimen $375,00
_ Direct Shear Strength Tests-(SC-SM)
D-2 CD Direct Shear-2.0"or 2.5"Dia (3 specimens reqd) Specimen $200.00
_ Direct Shear Strength Tests -(SP-SW)
D-3 Cf� Direct Shear-2.0"or 2.5" Dia (3 specimens reqd) Specimen $110.00
Consolidation Test-Incremental
C-1 7 toads- 1 rebound at end of 7th load Specimen $400.00
Swell Tests
S-1 Percent Swell (Free Swell)at overburden <= 5 psi Specimen $90.00
S-2 Pressure Swell Specimen $180.00
_ Corrosion and Reaction Tests _ Y_
R-1 Soil Box_Resistivity Specimen $_90.00
SS-1 Soluble Sulfates(contracted to Chemical Lab) Specimen $45.00
Page 1 of 3
GREGORY GEOTECHNICAL Geotechnical Laboratory Fee Schedule January 2007
Item Description Unit Unit$ Quantity Extended $
Compaction and Index Density Tests
MD-1 M isture-Density Rel tionship (4" Dia.)ASTM D 698 5 Points _$145.00
MD-2 Moisture-Density Rel tionship (6" Dia.)ASTM D 1557 5 Points
MI-1 M ximum Index Den ity-ASTM D 4253 and D 4254 3 Points $185.00
CB-1 C R (with 96 hr soak) Does not include Compaction Test Specimen_ $35_0.00
CB-2 COR Series (with 96 hr soak)
- 4 Points $625.00
-------- ---- - ----
_ Classification and Index Tests
MC-1 Moisture Content _ Specimen $5.00 _ _ -
DW-1 D Unit Weight(cohesive soils) Specimen _ $15.00 _
AL-1 LiOd and Plastic Limits (1 point method) Specimen $50.00
AL-2 Liquid and Plastic Limits (3 point method) Specimen $75.00
GS-1 Percent Passing Number 200 Sieve Specimen $30.00
GS-2 G ain Size Analysis(Wash-6 sieves- No Hydrometer) Specimen $50.00
GS-3 Hydrometer Grain Size Analysis_________________ Specimen----$80,00
SP-1 Specific Gravity Specimen $75.00
-PH-1 _Soil Slurry pH Specimen $45.00
PP-1 Pocket Penetrometer Each $5.00
PV-1 Pocket Vane Shear Each
RE-1 CaCO3 Reaction (HCL or White Vinegar) Each $3.00
�#dmixture Series
LS-1 Lime Series (pH basis)- No Strength Test 5 Points $100,00
CS-1 C ment Series (PI basis) No Strength Test 5 Points_ $125.00
UA-1 Unconfined Compressive Strength of Admixture Specimen $75.00 _ ___ _
FA-1 Fiber-Reinforcement Admixture- No Strength Test Specimen
Rock Tests Nominal 2" Diameter Cores_
UC-1 U ,confined Compres ive Strength (no sawing) _ Specimen $75.00
UCS-1 S 'wing UC rock specimens Specimen _$_35.00
PT-1 Point Load Test Specimen $55_00 -
- - --- --- -------- -- -----
Specialty Tests
Fiber Reinforced Soil(FRS)
FC-1 Fiber Content of FRS Field Specimens Specimen $55.00
FAR-1 Aspect Ratio of Fibers (5-one gram series) Series $50.00
--- G os nthetics Tests -
CBG-1 CBR with Geogrid or Geotextile(Add to Standard CBR) Specimen $125.00
FT-1 1=RS Triaxial Test(Add to Standard Triaxial)2.8" Dia Specimen $100.00
FD-i �RS_Direct Shear(Add to Standard DS)2.5" Dia _ Speci_men $100. 00
UG-1 Unconfined Compressive Strength of Geofoam Specimen $60.00
DG-1 Direct Shear Strength of Geofoam -2.5" Dia precut_ Specimen $100.00 Y -
Sample and Specimen Preparation and Processing
SP-1 R compacted 1.4"to 2.8"Specimens to MD Specs Specimen $50.00
SP-2 Recompacted 4"to 6" Specimens to MD Specs Specimen $65. -- _ -
SP-3 TrIm Specimen in Diameter(Clays)2.8"trim to 2.0" Specimen $35.00
SP-4 Trim Specimen in Diameter(Clays) 2.8"trim to 1.4" Specimen $50.00
SP-5 Bulk Sample Processing to- No. 4 Sieve (< 35 Ibs) Sample $55.00
SP-6 Bulk Sample Preparation to Specified MC (< 35 Ibs) Sample $55.00 - - -
Page 2 of 3
GREGO Y GEO TECHNICAL Geotechnical Laboratory Fee Schedule January 2007
Item Description Unit Unit$ Quantity Extended$
Notes:Triaxial Test prices do not include diameter trimming or recompaction. Direct Shear Test prices do not
in Jude recompaction. Tests are performed in general accordance with ASTM, Corps of Engineers methods, or
in accordance with generally accepted practice as determined necessary and appropriate by the GREGEO
_ engineer responsible for the testing program. Test prices do not include data entry and preparation of report-
quality laboratory test reports. Geotechnical Technician time will be added for data entry and report preparation
ur less agreed otherwise in advance. Engineering time for review of test results is not included in test prices and
wi I be added as necessary and appropriate. Tests will be performed only on non-contaminated, non-toxic,
_ or d non-hazardous samples and specimens.
_ Tt e laboratory fee schedule is subject to change each January, and individual items may change at any
time.Client will be notified of fee changes(if any) prior to proceeding with services involving the
_ ct anged items.
Confidential. Not for use on any other project or for any other purpose without the prior written
Permission of Gregory Geotechnical(GREGEO).
Page 3 of 3
GREGORY GEOTECHNICAL GCPTS8LL
Confidential-Not for use on any other project or for any other purpose without written permission from GREGEO. January 2007
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. For any damage on account of any error, omission, or other
professional negligence, our liability will be limited to a sum not to exceed$200,000 or our fee less direct third-party costs, whichever
is greater.
5. Invoices and Payment
Unless stated otherwise in the Letter Agreement,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(1%) 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.
GCPTS8LL.doc
1
GREGORY GEOTECHN/CAL GCPTS8LL
Confidential-Not for use on any other project or for any other purpose without written permission from GREGEO. January 2007
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 Slpecific 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 GREGEq 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.
GCPTS8LL.doc
2
GREGORY GEO TECHNICAL GCPTS8LL
Confidential-Not for use on any other project or for any other purpose without written permission from GREGEO. January 2007
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.
GCPTS8LL.doc
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/10/2007 - Ordinance No. 17483-04-2007
DATE: Tuesday, April 10, 2007
LOG NAME: 12GEOTECHNICAL REFERENCE NO.: **G-15666
SUBJECT:
Approve a Contract with Gregory Geotechnical for Geotechnical and Expert Witness Services
Regarding Premature Street Failures in an Amount Not to Exceed $50,000 and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with Gregory Geotechnical for geotechnical and
expert witness services regarding premature street failures in an amount not to exceed $50,000; and
2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
by $25,000 and Water and Sewer Fund by $25,000 and decreasing the unreserved, designated fund
balance of the General Fund and Water and Sewer Fund by the same amount.
DISCUSSION:
Gregory Geotechnical has provided geotechnical services for the City for a number of years. Gregory
Geotechnical's services are needed for further evaluation of premature street failures as well as expert
witness services in the prosecuting of claims by the City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached supplemental appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the General Fund and Water and Sewer Fund. Upon approval, the unaudited, unreserved,
undesignated General Fund fund balance will be $52,409,933. The amount available above the minimum
reserve fund balance of $46,834,951 required by the City's Financial Management Policy Statements (i.e.,
10 percent of the current-year adopted budget expenditures less the annual transfer from the General Fund
to the Debt Service Fund) will be $5,563,982.
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
GG01 538110 0121000 $25,000.00
PE45 531200 0601000 $25,000.00
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Gerald Pruitt(7616)
James Riddell (7614)
Logname: 12GEOTECEMCAL Palye 1 of 1