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T H E C t T Y O F
COPPELL
DEPT: Engineering
DATE: June 14, 2011
ITEM #: 13
WORK SESSION CONSENT IZI REGULAR
ITEM TYPE CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of an Engineering Services Contract with Fugro Consultants, Inc. to provide professional
engineering services for the Pavement Condition Survey and Pavement Management Services, Project #Tax 201 OD in
an amount of $100,088.90; as provided for in' /4 Cent Sales Tax for Street Maintenance funds; and authorizing the City
Manager to sign and execute all necessary documents.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this contract will allow us to evaluate the current street condition in an effort to be more proactive in
street repairs.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Funds for this contract are available from the 1/4 per cent sales tax for Street Maintenance.
RECOMMENDED ACTION:
ACTION TAKEN BY COUNCIL:
Staff recommends approval of this Contract.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Faught
S - Mahalik
Vote - 7 -0 V
#Tax 201 OD Street Inventory
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering & Public Works
FROM: George Marshall, P.E., Civil Engineer
DATE: June 14, 2011
REF: Consider approval of an Engineering Services Contract with Fugro
Consultants, Inc. to provide professional engineering services for the Pavement
Condition Survey and Pavement Management Services, Project #Tax 2010D;
for an amount not to exceed of $100,088.90; as provided for in 1 /4 Cent Sales Tax
for Street Maintenance funds; and authorizing the City Manager to sign and
execute all necessary documents.
This agenda item is to award a professional services contract to Fugro Consultants, Inc. to provide
the city with a pavement condition survey of all streets and alleys within the city. The consultant
will collect distress and profile data and right -of -way digital images. This data will be used to
provide the city with a rating system to help determine where and how street maintenance work
should be performed. The city has 396 lane miles of street and 67 lane miles of alleys within its
road network. A two -way street, such as Deforest Road, that is one mile long consists of 2 lane
miles and a 6 lane, divided road, such as Denton Tap Road, that is one mile long consists of 6 lane
miles. Data will be collected on all streets and alleys in the city's road network. Every undivided
street & alley will receive one pass of the machine and every divided street will receive two passes
(one on each side).
Digital images are collected facing forward and rear at 25 -50 foot intervals and downward images
are collected continuously. Fugro will provide the city with proprietary software that provides the
exact location as you view the images. The digital images are analyzed via automated distress
(crack) detection software and technician verification. The following distresses will be extracted
from the images: cracked slabs, shattered slabs, corner breaks, alligator cracking, longitudinal
cracking, transverse cracking, block cracking and patching.
Transverse profile data is collected using a five- sensor profiler to locate the presence of ruts or other
irregularities in the cross section of the roadway. The transverse profile data will be collected every
50 feet and averaged along the wheel path.
Longitudinal profile data will be collected via the transverse profiler and follow the wheel path to
provide general ride quality characteristics of the roadway segment. This data will be collected at
half -foot intervals.
All of this data will be combined to provide a pavement condition index for each roadway segment.
The following is a typical rating index range: Good (100 -95), Fair (95 -85), Marginal (85 -75), Poor
(75 -65), and Very Poor ( <65).
For many years the city has generally maintained the streets on a complaint based system to
determine what streets need to be replaced. This project will provide the city a detailed rating
number assigned to each segment of street based on a scale system developed by the US Army
Corps of Engineers, which has been incorporated into their computer program, MicroPAVER. City
staff will use this software after this survey project is complete so the database can be maintained.
Fugro will also develop a guide to optimize how the budgeted maintenance money could be spent.
The MicroPAVER software also allows the user to input other fields of data to adjust the overall
rating so that, in the future, we may include water, wastewater, and drainage information into the
score.
Fugro Consultants, Inc. will provide the city with a final report of the distress data outlining the
pavement condition, a five -year maintenance work plan (based on actual budget), recommendations
for maintenance and future monitoring needs. Fugro Consultants, Inc. will also provide staff with
some training on pavement management concepts, MicroPAVER, and manual field inspection of
roadways. The information provided will help prioritize the following types of projects: routine
maintenance (crack sealing etc.), the city's annual street and alley repair, the city's annual sidewalk
repair and the' /4 cent sales tax streets.
Staff recommends approval of entering into a contract with Fugro Consultants, Inc. in the amount of
$100,088.90 for the pavement management survey. Staff will be available to answer any questions
at the Council meeting.
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FUGRO CONSULTANTS, INC.
Proposal No. 04.3211 -2054
June 3, 2011
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019 -2602
Attention: Mr. George Marshall, P.E.
— P GR"
8613 Cross Park Drive
Austin, TX 78754
Phone: 512 - 977 -1800
Fax: 512- 973 -9565
www.fugroconsultants.com
Proposal for Pavement Condition Survey and Pavement Management Services
Coppell, Texas
Submitted herein is Fugro's proposal to assist the City of Coppell with pavement condition
survey of roadways maintained by the City. The following sections of this proposal describe the
scope of our services, a cost estimate for the evaluation services to be provided, an estimated
schedule, and proposed terms and conditions.
Scope of Work
The City of Coppell's road network is comprised of approximately 150 centerline miles of
roadway, primarily paved, 2 -lane undivided roadways. When including divided and wide roadways
it is expected that approximately 179 lane miles of testing will be required. Additionally, the City
maintains approximately 67 miles of alleyways. The estimated total test mileage is approximately
246 miles.
Based upon our knowledge of the project and the scope of work described above, we
propose the following phases:
Phase I — Project Management
Phase II — Project Setup
Phase III — Data Collection
Phase IV — Data Processing
Phase V — Pavement Management Services
Phase VI — Training
Mr. George Marshall, P.E.
City of Coppell
Phase I — Project Management
June 3, 2011
Page 2 of 11
This phase consists of management for this project. This phase will involve coordination
with the City of Coppell throughout the project. It is our goal to provide monthly updates to the City
regarding the progress of the project as well as meetings with our project manager as requested by
the City of Coppell.
Four meetings as part of this phase over the duration of this project are anticipated. The
issues that will be discussed will include a confirmation of the condition data that is to be collected
for the PMS and the format in which it will be delivered. In addition, existing sources of inventory
data and access to that data will be discussed. Proposed tasks will be reviewed with the City staff
to confirm compliance with the goals of the project. Any gaps that are identified in the proposed
project approach will be resolved during this task.
The four meetings that are anticipated for this project will cover the following:
- Initial Meeting
- Meeting after PCI scores are calculated
- Meeting to review preliminary network -level work plan
- Final Meeting
It is Fugro's intent, in this review, to confirm the types of data that will be collected as part of
the PMS condition data survey. It is also essential to discuss the format in which the final data will
be delivered to the City. It is important to have full participation from the different personnel
affected by the data collection, processing and use of the PMS and GIS information.
Phase II — Project Set Up
Phase II comprises three tasks. Each one is crucial to the data collection process. In this
phase, we plan to conduct the following:
Task 1 — Review of existing inventory, GIS, and PMS Databases
Task 2 — Routing
Task 3 — Equipment Calibration
Task 1— Review of Existing Inventory, GIS, and PMS Databases
From the review of existing inventory, GIS, and databases, an official inventory of the roads
to be surveyed for condition and physical attributes will be developed. Additional inventory data
identified as being required for the proposed PMS or found to be missing or inaccurate will have to
be located or collected. The review of inventory data will be conducted in consultation with the City
of Coppell staff. Fugro will assist the City to identify and resolve discrepancies between data sets
of their inventory. These data sets include any existing databases and GIS data files provided by
the City. Prior identification of discrepancies reduces difficulties in identifying roadways and their
Mr. George Marshall, P.E. June 3, 2011
City of Coppell Page 3 of 11
section limits during the data collection effort and reduces the amount of time post - processing the
data collected. Fugro has developed a standard set of quality control checks for reviewing GIS and
PMS databases. These checks are conducted by identifying corresponding data fields in each
database then comparing them for consistency. If data fields are missing in one database, but not
the other, the missing data field is populated from the existing data for a more complete data set.
Task 2 — Routing
A routing process is also performed based on the final road listing developed during the
inventory review task. This information is required for network definition and navigation. The
routing process defines a data collection order and direction for each roadway in the City's
network, as well as sets up a unique raw file name necessary for processing of distress, and right -
of -way data. Once this has been performed for the initial round of data collection, this task on any
potential subsequent data collection rounds to be performed by Fugro or the City will require
significantly less time.
Task 3 — Equipment Calibration
Before any field data collection begins, equipment checks and calibrations are performed to
ensure the quality of the data. Additionally, the data collection database us uploaded and tested
on the field computers. This ensures that the equipment, sensors, and subsystems deliver
consistent, accurate and high quality data.
Phase III — Data Collection
This phase covers the collection of distress, profile data, and right -of -way images. Distress
data will be collected on approximately 246 lane miles of roadway in the City's road network. One
pass along each road segment shapefile is anticipated for this project.
Digital images will be stored and transferred to the City on portable Universal Serial Bus
(USB) Drive(s). The images can be used for subsequent evaluations and comparisons as deemed
appropriate by the City. The purpose of the distress data collection is to determine the general
distress characteristics of each of the roadway segments in this project. The automated distress
data collection will be performed in accordance with ASTM Standard E -1656 (Standard Guide for
Classification of Automated Pavement Condition Survey Equipment), utilizing a Class 1 device as
defined by the specifications.
Transverse Profile data is collected using a five - sensor profiler to locate the presence of
ruts or other irregularities in the cross slope of the city roads. The purpose of the transverse profile
testing is to determine the rutting characteristics of each of the roadway segments profiled. The
transverse profile data collection will be performed in accordance with ASTM Standard E -1656
(Standard Guide for Classification of Automated Pavement Condition Survey Equipment and
ASTM Test Standard E950 (Standard Test Method for Measuring Longitudinal Profile of Traveled
Surfaces with an Accelerometer Established Inertial Profiling Reference). Transverse profile is
Mr. George Marshall, P.E. June 3, 2011
City of Coppell Page 4 of 11
collected every 50 feet and summarized as an average "rut depth" for each wheel path over the
roadway segment.
Longitudinal Profile data can be collected simultaneously with the Transverse Profile of the
network at 0.5 -foot intervals throughout the length of each section selected in each direction and
summarized at 0.01 to 0.1 -mile intervals to provide International Roughness Indices (IRI)
throughout the network. The collected IRI values will be reported as an average IRI value for each
roadway segment. The purpose of the longitudinal profile- testing program is to determine the
general ride characteristics of each of the roadway segments profiled. The longitudinal profile -
testing program will be performed in accordance with ASTM Test Standard E950 (Standard Test
Method for Measuring Longitudinal Profile of Traveled Surfaces with an Accelerometer Established
Inertial Profiling Reference), utilizing a Class 1 device as defined by the specifications.
Fugro conducts quality control measures in the field, which have been beneficial to meet
project objectives. These procedures are standard practice for our data collection services. The
automated procedure is repeatable and consistent. It also provides images that can be used for
quality assurance and archival purposes. Fugro has the capability to reprocess the images at any
time. The capability of reprocessing the images allows the City great flexibility to obtain distress
data from the images using different distress protocols, should the City ever wish to switch
pavement management systems or severity definitions now or in the future.
Phase IV — Data Processing
Phase IV covers the processing of the raw data. This phase is separated into the following two
tasks:
Task 1 — Distress & Profile Data Analysis
Task 2 — ROW Asset Inventory
Task 1— Distress & Profile Data Analysis
Distress Rating and Analysis. The following PCC distresses that will be extracted from the
images are: 1.) Cracked Slabs, 2.) Shattered Slabs, 3.) Corner Breaks, and 4.) Faulting (from
profile). For the AC surfaced roadways, the following distresses will be extracted from the images:
1.) Alligator Cracking, 2.) Longitudinal Cracking, 3.) Transverse Cracking, 4.) Block Cracking, and
5.) Patching. Standard definitions for these distresses are included in ASTM E 1778 — Standard
Terminology Relating to Pavement Distress. In addition, Rutting will be extracted from the Profile
information. The images are processed using a combination of automated crack detection
software and semi - automated manual analysis.
Mr. George Marshall, P.E. June 3, 2011
City of Coppell Page 5 of 11
Task 2 — ROW Asset Inventory
Assets that will be extracted from the Right -of -Way images will include Curb and Gutter,
Sidewalks, and Shoulders. These will be reported with the following information:
• Curb & Gutter
• Travel Direction of Collection Pass
• Yes /No
o Left/Right
o Approximate percent ( %) of Segment
• Sidewalks
• Travel Direction of Collection Pass
• Yes /No
• Left/Right
• Approximate percent ( %) of Segment
• Shoulder
• Travel Direction of Collection Pass
• Yes /No
• Left /Right
o Approximate percent ( %) of Segment
Phase V — Pavement Management Services
The tasks of this phase are centered on implementation of a pavement management
system, from software acquisition through data upload through a full budget analysis and work
plan. Five tasks are included in this phase:
Task 1 — Data Upload
Task 2 — PCI Calculation
Task 3 — Development of Network -Level 5 -year Work Plan
Task 4 — Final Report
Task 5 — Provide Viewing Software
Mr. George Marshall, P.E. June 3, 2011
City of Coppell Page 6 of 11
Task 9 — Data Upload
This task covers the upload of the complete data set into the pavement management
software. It is Fugro's understanding that the City of Coppell is planning on implementing the
MicroPAVERTM pavement management software for this project. The upload will include the
distress inspection information to the MicroPAVERTM software. The inspection information will be
used to develop a condition rating as described in Task 2 of this phase. The City will be
responsible for acquiring the MicroPAVERTM software on their own.
In addition, photographs taken in the field, by the downward pavement camera and the forward
right -of -way camera will be provided to the City on a USB hard drive. This will allow for future
review of the images by City staff at any time.
Task 2 — PCI Calculation
Fugro will calculate a Pavement Condition Index (PCI) for each pavement section using
industry standard software. This PCI uses a scale from zero (0) for a failed pavement to 100 for a
pavement in perfect condition. The index is based on the type, severity, and extent of surface
distress and it is compliant with ASTM D6433 -99 (Army Corps of Engineers PAVER distress rating
system). The PCC distresses that will be extracted from the images are: 1.) Cracked Slabs, 2.)
Shattered Slabs, 3.) Corner Breaks, and 4.) Faulting (from profile). For the AC surfaced roadways,
the distresses that will be extracted are: 1.) Alligator Cracking, 2.) Longitudinal Cracking, 3.)
Transverse Cracking, 4.) Block Cracking, and 5.) Patching. Standard definitions for these
distresses are included in ASTM E 1778 — Standard Terminology Relating to Pavement Distress.
The images are processed using a combination of automated crack detection software and semi -
automated manual analysis. In addition, Rutting will be extracted from the Profile information.
Additionally, the International Roughness Index for each roadway will be reported. This
provides an assessment of how "bumpy" the roadways are. This is another index that can be used
to help prioritize and select maintenance and rehabilitation strategies for the City. This value is
then converted to a Ride Condition Index (RCI) so that it can be reported on a 0 to 100 scale. The
longitudinal profile- testing program will be performed in accordance with ASTM Test Standard
E950 (Standard Test Method for Measuring Longitudinal Profile Traveled Surfaces with an
Accelerometer Established Inertial Profiling Reference), utilizing a Class 1 device as defined by the
specifications.
Task 3 — Development of Network -Level 5 -year Work Plan
In implementing the pavement management program, Fugro will perform a network -level 5-
year work plan based on the results of the condition survey. A budget analysis of this type allows
for allocation of funds to where they are used the most effectively based on the agency's
maintenance policies. The steps taken during the development of a five -year work plan are as
follows:
• Develop Decision Trees (with City)
Mr. George Marshall, P.E. June 3, 2011
City of Coppell Page 7 of 11
• Develop Unit Costs and Evaluate Maintenance and Rehabilitation Strategies (with City)
• Develop Pavement Performance Models based on results of condition survey
• Develop Preliminary Network -Level 5 -year work plan (with City)
• Finalize Network -Level 5 -year work plan (with City)
It is crucial to have the City's involvement in this task. The goal of this task is to produce a
tool that allows the City to make more informed maintenance and rehabilitation decisions.
Including information from the City is essential to implementing the pavement management
program effectively.
Task 4 — Final Report
A report will be provided with network level maintenance and rehabilitation
recommendations. This report will include the following:
• Summary of fieldwork
• Summary of network condition
• Summary of network -level 5 -year work plan and recommendations
A draft of the report will be prepared and provided to the City of Coppell for review. Upon
inclusion of City comments and acceptance of the report by the City, Fugro will finalize the report.
Task 5 — Provide Viewing Software
Viewing software will be provided to facilitate the review of the collected images along with
pavement data. This allows for City staff to view images of the roadway using desktop
workstations. The viewing software displays both, the downward pavement images and right -of-
way images on a computer screen as it simulates driving down the road. Additionally, summaries
of distresses and the ride quality are displayed in tabular and chart form. The viewing software
allows its user to interactively adjust its display speed in real time and jump to the segment location
desired for review. All pavement data is stored in an access data and synchronized with its
associated images.
Phase VI — Training
Fugro can provide training on pavement management concepts, the pavement
management software, and manual field inspection of roadways. During the initial phases of this
project, the items that are most important to the City will be prioritized for training. Should all of the
items listed above be desired for training additional training days may be necessary. It is typical for
the exact agenda for training to be determined after the start of the project.
Mr. George Marshall, P.E.
City of Coppell
Cost Estimate
June 3, 2011
Page 8 of 11
Based on the scope of work outlined above, an estimated cost for this evaluation effort is
provided below and on the following page.
FUGRO CONSULTANTS, INC. COST ESTIMATE
City of Coppell Pavement Management System Implementation
Date: June 3, 2011
Description
Subtotal
Total
Phase I - Project Management
$ 19,172.72
Phase II - Project Setup
$ 4,560.00
Task 1 - Review of existing inventory, GIS, and PMS Databases
$ 1,600.00
Task 2 - Routing
$ 2,400.00
Task 3 - Equipment Calibration
$ 560.00
Phase III - Data Collection
$ 28,263.00
Phase IV - Data Processing
$ 24,100.00
Task 1 - Distress & Profile Data Analysis
$ 16,200.00
Task 2 - ROW Asset Inventory
$ 7,900.00
Phase V - Pavement Management Services
$ 19,370.00
Task 1 - Data Upload
$ 2,470.00
Task 2 - PCI Calculation
$ 960.00
Task 3 - Development of Network -Level 5 -year Work Plan
$ 8,400.00
Task 4 - Final Report
$ 5,540.00
Task 5 - Provide Viewing Software
$ 2,000.00
Phase VI - Training
$ 4,623.18
GRAND TOTAL
$ 100,088.90
The estimated fee is based on our understanding of the pavement consulting services
anticipated. This estimation may be exceeded if changes in work are required or requested. The
estimated maximum fee will not be exceeded however, without the client's prior authorization.
Schedule
Fugro can typically commence within two weeks of formal notice to proceed. Activities will
take approximately 3 -4 months to complete. A finalized schedule will be provided once the final
details of the scope of work have been defined at the kick -off meeting. Accelerating the schedule
may be possible once final details are worked out. Based on current workloads a July data
collection timeframe is anticipated.
Mr. George Marshall, P.E.
City of Coppell
June 3, 2011
Page 9 of 11
Terms and Conditions
The attached General Conditions for Technical Services (Fugro Schedule 40.01) describe
general contractual conditions including identification of Client, on -site responsibilities and risks,
warranty, invoicing procedures, and record maintenance.
To indicate acceptance of this proposal, please have the signature block below signed by a
duly authorized representative of the Client, and return one copy to us for our files. For the
purposes of this proposal and services agreement, the Client reference used throughout the
attached Fugro Schedule 40.01 is agreed to be the agency represented by signature below.
We appreciate the opportunity to submit this proposal and look forward to working with you
on this project. Please call if we may be of any additional assistance.
Sincerely,
Fugro Consultants, Inc.
TBPE Firm Registration No. F -299
CLIENT:
Firm Name
Authorizing Signature
Typed Name and Title
Date
Robert R. Williams, P.E.
Project Manager
Fugro Schedule 40.01
GENERAL CONDITIONS FOR TECHNICAL SERVICES
GRD
1. Parties to This Agreement
CLIENT as used herein is the entity who authorizes performance of services by Fugro Consultants, Inc. ( FUGRO) under the conditions stated herein.
FUGRO as used herein includes, Fugro Consultants, Inc., its employees and officers, and its subcontractors and subconsultants (including affiliated
corporations).
2. On -site Responsibilities and Risks
2.1 Right -of- Entry Unless otherwise agreed, CLIENT will furnish unfettered rights -of -entry and obtain permits as required for FUGRO to perform the
fieldwork.
2.2 Damage to Property FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations.
However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT desires
FUGRO to repair and /or pay for damages, FUGRO will undertake the repairs and add the pre- agreed cost to FUGRO's fee.
2.3 Toxic and Hazardous Materials CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential
occurrence of toxic or hazardous materials, or Biological Pollutants (as defined in 9. below) at the site being investigated. If unanticipated toxic or
hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CLIENT's expense.
Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENT's acceptance of proposed safety measures and fee
adjustments.
2.4 Utilities and Pipelines While performing FUGRO's field work, FUGRO will take reasonable precautions to avoid damage to subterranean and
subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such structures,
pipelines, and utilities that are not called to FUGRO's attention and /or correctly shown on plans furnished to FUGRO.
2.5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop -work authority over work by others. However,
FUGRO will conduct its work in a safe, workman -like manner, and will observe the work -site safety requirements of CLIENT that have been
communicated to FUGRO in writing.
3. Standard of Care
3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions in the same location.
3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that
FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRO, and FUGRO is not responsible for the
interpretation by others of the information developed.
4. Limitation of Remedies
To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or
indirectly related to FUGRO's work for CLIENT will not exceed an aggregate limit of $50,000 or the amount of FUGRO's fee, whichever is
greater, regardless of the legal theory under which remedy is sought. In the event CLIENT does not wish to limit FUGRO's remedy to this sum,
and if CLIENT requests in writing prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount in exchange for an
increase in scope and fee appropriate to the project and remedy risks involved.
5. Invoices and Payment
At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon
presentation of FUGRO's 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, and agrees to pay attorney's fees or other costs incurred in
collecting any delinquent amount.
6. Data, Records, Work Product and Report(s), and Samples
All pertinent records relating to FUGRO's services shall be retained for a minimum of two (2) years after completion of the work. CLIENT shall have
access to the records at all reasonable times during said period. FUGRO will retain samples of soil and rock for a minimum of 30 days after submission
of FUGRO's report unless CLIENT advises FUGRO otherwise. Upon CLIENT's written request, for an agreed charge FUGRO will store or deliver the
samples in accordance with CLIENT's instructions.
7. Indemnification
FUGRO and CLIENT shall indemnify each other from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees
and litigation costs, to the proportionate extent caused by each party's own negligence, including the negligence of the indemnifying party, and its
employees, affiliated corporations, officers, and sub -tier parties in connection with the project.
8. Consequential Damages
CLIENT and FUGRO each agree that neither of them will be liable to the other for any consequential damages incurred by either due to the fault of the
other, their employees, agents, or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit.
9. Biological Pollutants
FUGRO's scope of work does not include the investigation, detection, or design related to the presence of any Biological Pollutants. The term
"Biological Pollutants" includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms.
r, Z CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or
indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from any
third party claim for damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in
writing prior to acceptance of this Agreement, FUGRO will negotiate a greater limitation amount, and remove CLIENT's responsibilities, in exchange for
an increase in fee to develop an expanded scope of work to provide biological pollutant protection.
10. Acceptance of Agreement
These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not initiate
service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to initiate
services shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore,
all preprinted terms and conditions on CLIENT's purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL
CONDITIONS and FUGRO's involvement in CLIENT's project.
11. Termination of Contract
CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees to fully
compensate FUGRO for services performed including reimbursable expenses to the termination date, as well as demobilization expenses. FUGRO will
terminate services without waiving any claims or incurring any liability.
r OR
FUGRO FEE SCHEDULE FOR PAVEMENT ENGINEERING SERVICES
January 2011
1. Field Investigation
1.1.
Mobilization and Demobilization, Per Mobilization
$ 3.50 / Mile
1.2.
Automated Pavement Distress Data Collection
$325.00 / Hour
1.3.
Pavement Profile Testing (Longitudinal and Transverse)
$275.00 / Hour
1.4.
NonDestructive Pavement Testing
$120.00 / Hour
2.5.
1.4.1 Falling Weight Deflectometer (Daytime)
$250.00 / Hour
2.6.
1.4.2 Falling Weight Deflectometer (Nighttime)
$325.00 / Hour
2.7.
1.4.3 Heavy Weight Deflectometer (Daytime)
$325.00 / Hour
2.8.
1.4.4 Heavy Weight Deflectometer (Nighttime)
$400.00 / Hour
1.4.5 Ground Penetrating Radar
$250.00 / Hour
1.5.
Video Edge Drain Inspection
$200.00 / Hour
1.6.
Hourly Charges: Field Coordination, Layout, and
Other Reasons Beyond Fugro Control
$200.00 / Hour
1.7.
Per Diem: Out -of -Town Assignments, Per Person
$125.00 / Night
1.8.
Transportation for Personnel
$ 0.51 / Mile
2. Engineering, Technical, and Support Personnel
2.1.
Senior Consultant
$240.00 / Hour
2.2.
Senior Project Manager
$220.00 / Hour
2.3.
Project Manager
$160.00 / Hour
2.4.
Project Engineer
$120.00 / Hour
2.5.
Graduate Engineer
$100.00 / Hour
2.6.
Senior Engineering Technician
$100.00 / Hour
2.7.
Technician and Draftsperson
$ 70.00 / Hour
2.8.
Administrative Support
$ 65.00 /Hour
3. Outside Services (Special Printing, etc.)
3.1. Outside Services and Subconsultants Cost + 15%
Notes:
(1) Minimum call -out charge for technician and equipment is 2 hours. Charges are accrued portal to portal.
(2) Transportation charges are applicable for all field testing assignments including sample pick -up.
(3) Overtime charge for Field Technician for hours in excess of 40 /week or 8 /day will be billed at the rate shown plus
$10.00 /hour.
Rates for other tests and services quoted upon request.
6.11 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR
PROPERTY ARISING FROM THE SERVICES OF THE PROFESSIONAL
PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY ") FOR DAMAGE
TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT
ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF CITY. PROFESSIONAL AGREES TO INDEMNIFY
AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL
LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY
REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR
LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL'S
NEGLIGENCE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR
BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL,
ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY,
CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR
ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE CITY). IF ANY ACTION OR
PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION
WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE
FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT
PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
SATISFACTORY TO CITY. THE PROFESSIONAL'S OBLIGATIONS UNDER THIS
SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL
SURVIVE THE TERMINATION OF THIS AGREEMENT