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Tax 2010D-CS110728 T H E •c 1 T Y •o F COPPELL F > ep o S 1 6 July 28, 2011 Robert Key 204 Steamboat Drive Coppell, Texas 75019 RE: Pavement Management Questions to Council Robert, Thanks for your letter concerning the pavement management project. Our overall goal is to ensure that we allocate our resources in the most efficient way to maintain the City infrastructure. The following is a formal question/answer response just so each of your concerns can be addressed. I am out of the office until August 16, 2011 however, to further assist you, the complete Council presentation is attached. If you would like to discuss the particulars of this project before I return you can contact the project engineer, George Marshall at 972 - 304 -3562. 1) What will be done to account for parked cars? On a typical residential street there is enough room to park one car on each side and maintain one travel lane down the center of the street. The point of this survey is to gather overall street quality which is important down the center of the street, where most vehicles travel. 2) Will the City spend more money on putting out flyers to residents to (1) stay off that street on that particular day and (2) reschedule any vendors who plan on doing work on that street on that day to another time? Currently the City does not plan on sending out flyers or mailings however, there will be postings on the website and other electronic media. The road survey will take approximately 2 weeks to drive all the streets and alleys within the City. The total distance is 246 miles, driven over 10 days for an average of 25 miles per day. The goal is to have the least disruption to residents as possible. 3) If driving around those who park on a given street on the day the van arrives does the van merely drive around those vehicles thus making the data collected incomplete and cause a redo at some additional expense and who is to say that the redo doesn 't find the same condition (parked cars/ trucks/ vans) which obscure the picture of potential problems? The goal is to gather the data in the main lane of traffic. There will not be any redo's at the City's expense. 4) What does the street department do with the data collected already, there is a website to sign up for potholes, street cracks, failing manholes, broken alleys, and cracked and broken curbs and you can call it in and go by the service center and report them too? This `data' is collected and a work order is created to have an employee review the problem location. If action is required to repair a potentially dangerous situation, that work is performed A FAMILY COMMUNITY FOR A LIFETIME 255 PARKWAY * P.O. BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * WWW.COPPELLTX.GOV immediately. Otherwise the request is prioritized with other requests for either the following year's annual street and alley contract or for the Streets Division to repair. 5) Doesn't this list, already created, tell the City where the most obvious needs are or have occurred? Not really. Because we operate on a complaint basis, we typically focus our efforts only on those complaints. With the 1 /4 cent sales tax, we have recently been removing and replacing entire streets. To ensure we continue to allocate resources wisely, we need a system to compare the condition of one street to another. 6) I was told not long ago that the repair waiting list was long and it would take several years to achieve those repairs through the contractor we use. Each year we add items to the list and then award a contract for them to be repaired. It is possible that if the complaint is made after we have awarded our yearly contract the time period for non - hazardous repairs could approach several years. 7) I have been told that this ARAN contract is going to cost us between $125,000 to $200,000 when it is said and done. So, what will we have but some nice to know data? The contract awarded to Fugro Consultants, Inc. is $100,088.90 and there is some additional software around $2000 (MicroPAVER) that the City will purchase. At this time we do not expect any additional costs. The data collected will provide the City with a detailed rating number assigned to each street segment based on a scale system developed by the US Army Corps of Engineers. This rating number is based on ride quality, pavement quality and life expectancy of the pavement. The City will use this data to help plan larger maintenance projects that otherwise might not be funded under the annual street and alley project. 8) Haven't we already assessed through citizens input where the priorities for repairs exist by informing the Streets Department of failures? Yes, to an extent. However complaints typically are spot repair problems and not overall street condition. 9) Don 't they (City Staff) assess independently from time to time the road conditions anyway? Not to this extent. Staff tries to drive the City and catch problem locations but we don't have a way to compare the condition of one street to the next. 10)Does ARAN consider the timing of the season? In summer concrete tends to heave more than in the winter, in rain and heavy traffic the streets (panels) move from the `pumping' effect. So, it would seem that the snapshot picture would do little to account for these variable circumstances. No, the ARAN does not take into account the seasons, however it looks at the overall network in a matter of weeks to compare one street to the next. 11) Why not use satellite images that can be brought into the desktop or portable computer systems the City already owns to view the streets in what may be closer to real time events than can be provided by this snapshot contract? What about access to the Dallas County Appraisal District Maps too, surely they have pictures of the streets and alleys that are recent acquisitions? If we really need to make additional assessments, remember we have cameras on many of our City Fleet Vehicles, police, fire, roadway intersections etc., so why not sync up those data gathers we already have with the Street Department needs? The City has aerial images (purchased from North Central Texas Council of Governments). The level of detail of the images that the City currently owns is very good for a pictorial view of the City but not acceptable for this purpose. With aerial images there is no way to determine the ride quality of a road. The images collected by Fugro will be run through automated crack detection software that will be utilized to calculate the pavement condition score. While we continue to provide the City with annual street and alley maintenance it is important for us to collect data on the overall network to ascertain potential issues with the pavement in other areas of the City that we do not receive regular complaints. Again, if you have any further questions you can contact me after August 16, 2011 or call George Marshall at 972 - 304 -3562. Respectfully submitted, K neth M. Gri fin P.E., CFM George Marshall, P.E. Director of Engineering & Public Works Civil Engineer 972 - 304 -3686 972 - 304 -3562 kgriffin @coppelltx.gov gmarshall @coppelltx.gov • cc: Clay Phillips, City Manager AGENDA REQUEST FORM ¥ 0 F DEPT: Engineering COPPELL DATE: June 14, 2011 x" s ITEM #: 1 El WORK SESSION El CONSENT 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 2010D in an amount 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. GOAL(S): AIrl 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. 1#Tnv 9nlnll Cfraaf Invantnni T H E • C 1 T Y • O F COPPELL A S . , 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 'h 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 1 /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. ORO FUGRO CONSULTANTS, INC. Proposal No. 04.3211 -2054 8613 Cross Park Drive June 3, 2011 Austin, TX 78754 Phone: 512- 977 -1800 Fax: 512 - 973 -9565 www.fugroconsultants.com City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 -2602 Attention: Mr. George Marshall, P.E. 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 1 — 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. June 3, 2011 City of Coppell Page 2 of 11 Phase 1— Project Management 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 11— 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 . 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 111 — 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 o Travel Direction of Collection Pass o Yes /No o Left/Right o Approximate percent ( %) of Segment • Sidewalks o Travel Direction of Collection Pass o Yes /No o Left/Right o Approximate percent ( %) of Segment • Shoulder o Travel Direction of Collection Pass o Yes /No o 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 1— 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 M1cr0PAVERTM pavement management software for this project. The upload will include the distress inspection information to the Micr0PAVERTM 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. June 3, 2011 City of Coppell Page 8 of 11 Cost Estimate 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. June 3, 2011 City of Coppell 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 1 P/1 1-- d.,./ /it t Robert R. Williams, P.E. Project Manager CLIENT: Firm Name Authorizing Signature Typed Name and Title Date Fugro Schedule 40.01 GRO GENERAL CONDITIONS FOR TECHNICAL SERVICES 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. 4._ 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. C 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 �i <-"S "Biological Pollutants" includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. 3 r' CLIENT agrees that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or 0 t indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from any ,) 0,-d 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. GRIN 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 1.4.1 Falling Weight Deflectometer (Daytime) $250.00 / Hour 1.4.2 Falling Weight Deflectometer (Nighttime) $325.00 / Hour 1.4.3 Heavy Weight Deflectometer (Daytime) $325.00 / Hour 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 at 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