HomeMy WebLinkAboutResolution - 2010-R0188 - Professional Services Agreement: Pavetax Engineering & Testing, Inc. - 04/19/2010Resolution No. 2010—RO188
April 19, 2010
Item No. 5.10
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement between the City of Lubbock and PaveTex Engineering & Testing, Inc. to
provide professional engineering and project management services and related documents to
assist the City with the 98t1i Street Albany Avenue to Huron Avenue — Sanitary Sewer Trench
Evaluation and Remediation project. Said Professional Services Agreement is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this April 19 2010.
TOM MARTIN, MAYOR
ATTEST:
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Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Marsha Reed, P.E., C.O.O. r
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Resolution No. 2010—RO188
Professional Services Agreement
Sanitary Sewer Trench Evaluation and Remediation Project
98'h Street — Albany Avenue to Huron Avenue
PaveTex Engineering & Testing, Inc. ("PaveTex" or "the Consultant") and the
City of Lubbock, Texas ("the Client") herein enter into this Professional Services
Agreement for providing professional services for the 98`h Street — Albany
Avenue to Huron Avenue — Sanitary Sewer Trench Evaluation and Remediation
project. The general project description, scope of services, schedule, and fee set
forth are below.
General Project Description (the "Project")
98"' Street (currently a 7 -lane undivided asphalt roadway with concrete curb and
gutter) from Albany Avenue to Huron Avenue, in the City of Lubbock, Texas, is
experiencing pavement and curb and gutter failures and subsidence in the area of
the original sanitary sewer excavation and backfill. This evaluation and
remediation project will include a 3 -phased approach:
Phase 1 includes a Geotechnical Investigation to determine the limits and
extents of the failures and affected areas, a limited Forensic Study to determine
the potential causes of the failures, and evaluating and developing up to three
(3) Alternative Remediation Plans for the City's consideration. At the
conclusion of Phase 1, the City will select a preferred Alternative Remediation
Plan and may direct the Consultant to continue with Phase 2 of this
Agreement.
Phase 2 includes the preparation of the construction documents required to
remediate the City -selected Alternative Remediation Plan identified as part of
Phase 1. Phase 2 services include a limited field survey of the roadway,
subsurface utility engineering (SUE) to identify potentially impacted City and
franchised utilities, franchise utility coordination, and bid document
preparation. These services will be provided in conjunction with our
subconsultant, Kimley-Horn and Associates, Inc ("KHA"). At the conclusion
of Phase 2, the City may direct the Consultant to continue with Phase 3 of this
Agreement.
Phase 3 includes bidding, construction phase services, construction materials
testing, resident project representative services, and record drawings associated
with the reconstruction of the affected portion of 98"' Street.
Scope of Services
Consultant, in conjunction with its subconsultants, shall perform all activities (the
"Services") within the time frames as described in Attachment A, Scope of
Services and/or as otherwise provided herein.
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(See attached Scope of Services (herein so called) —Attachment A, incorporated
herein for all purposes)
Information Provided By Client
Consultant shall be entitled to reasonably rely on the completeness and accuracy
of all information provided by the Client. The Client shall provide all available
non -confidential information in the possession of the Client requested by
Consultant during the Project.
Schedule
Consultant will provide the Scope of Services described as expeditiously as
practicable to meet a mutually agreed upon schedule. The parties acknowledge
that due to the uncertain nature of this project it is not feasible to establish a
defined schedule. However, Consultant anticipates Phase 1 to last up to three (3)
months. Consultant anticipates Phase Two to take up to four (4) months.
Depending on the extent of remediation required, Consultant anticipates Phase 3
to require up to eight (8) months. Consultant will not proceed with Phases 2 or 3
without specific written authorization from the Client.
Fee and Billing
Consultant will provide the services described in the Scope of Services on a
reimbursable basis (hourly labor rates plus expenses) not -to -exceed the sum of
$769,945.00 in accordance with the following major tasks:
Phase 1: Design Concept Development
Task Fee
Task 1 A — Project Management
$ 44,320.00
Task 1 B — Data Collection
$ 3,180.00
Task 1 C- Plan Review
$ 18,420.00
Task 1 D — Geotechnical Investigation
$ 3,400.00
Task 1 E — Analysis of Existing Corridor
$ 5,800.00
Task 1F — Forensic Study
$ 19,860.00
Task 1G —Remediation Alternative Plans
$ 32,440.00
Task 1H—Plans to Protect Existing Roadway
$ 10,220.00
Subtotal Phase 1
$137,640.00
Phase 2
Task Fee
Task 2A — Project Management
$22,440.00
Task 2B — Field Survey
$20,000.00
Task 2C — Subsurface Utility Engineering (SUE)
$20,000.00
Task 2D — Pre -Design Activities
$ 35,420.00
Task 2E — Franchise Utility Coordination
$ 21,270.00
Task 2F — Preliminary Design
$72,930.00
Task 2G — Final Design
$104,170.00
Subtotal Phase 2
$296,230.00
Phase 3
Task Fee
Task 3A — Project Management
$ 22,800.00
Task 3B — Bidding Phase Services
$ 13,805.00
Task 3C — Construction Phase Services
$ 85,560.00
Task 3D — Construction Materials Testing
$ 50,000.00
Task 3E — Resident Project Representative (Sub)
$100,000.00
Task 3F — Record Drawings $ 22,110.00
Subtotal Phase 3 $294,275.00
Reimbursable Task Fee
Expenses $ 41,800.00
Subtotal Reimbursable $ 41,800.00
TOTAL not -to -exceed amount (all phases): $769,945.00
The total not -to -exceed amount will not be exceeded without the Client's prior
written approval and amendment of this Agreement. The reimbursable fee
breakdowns in the attached Work Plans (Attachment C) are provided for
budgeting purposes only and are not intended to represent a specific budget for
each reimbursable task. Consultant reserves the right to reallocate the
reimbursable budget among tasks as determined necessary by Consultant. Labor
fees will be billed according to the attached Rate Schedules (Attachment B),
which are applicable for up to 15 months after the date of execution of this
Agreement. Direct reimbursable expenses such as express delivery services, fees,
and other direct expenses will be billed at 1.10 times cost. All permitting,
application, and similar project fees will be paid directly by the Client.
(See attached Rate Schedules (herein so called) — Attachment B, incorporated
herein for all purposes)
(See attached Work Plans (herein so called) — Attachment C, incorporated herein
for all purposes)
Reimbursable fees will be invoiced monthly based on the actual amount of
services perfonmed and expenses incurred. Payment of all fees will be due within
30 days of Client's receipt of the invoice.
Closure
In addition to the matters set forth herein, this Agreement shall include and be
subject to the terms and conditions in the attached Standard Provisions
(Attachment D), which are incorporated herein by reference for all purposes.
(See attached Standard Provisions (herein so called) —Attachment D,
incorporated herein for all purposes)
Consultant, in an effort to expedite invoices and reduce paper waste, offers its
clients the option to receive electronic invoices. For this project we intend to
submit invoices via email in PDF format and by paper copy.
Independent Contractor
It is understood and agreed that Consultant is to perform the Services in a sound and professional
manner and exercising the degree of care, skill and diligence in the performance of the Services
as is exercised by a professional Consultant under similar circumstances and Consultant hereby
warrants to the Client that the Services shall be so perfonned. Further, Consultant is and shall be
considered at all times an independent contractor under this Agreement and/or in its service,
hereunder. During the performance of the Services under this Agreement, Consultant and
Consultant's employees will not be considered, for any purpose, employees or agents of the
Client within the meaning or the application of any federal, state or local law or regulation,
including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
Events of Default/Remedies
a. Client's Defaults/Consultant's Remedies. In the event the Client shall default in the
performance of any term or provision of this Agreement for any reason other than failure by
Consultant to perform hereunder, Consultant may, if said default shall be continuing after five
(5) days notice of such default is deemed received by the Client, exercise any right or remedy
available to it by law, contract, equity or otherwise.
b. Consultant's Defaults/Client's Remedies. In the event Consultant shall default in the
performance of any term or provision of this Agreement for any reason other than failure by the
Client to perform hereunder, the Client may, if said default shall be continuing after five (5) days
notice of such default is deemed received by Consultant, exercise any right or remedy available
to it by law, contract, equity or otherwise, including without limitation, specific performance
and/or the right to terminate this Agreement without additional notice. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently.
Insurance/Indemnity
Consultant shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to
Client, carried with an insurance company authorized to transact business in the state of Texas,
covering all aspects and risks of loss of all operations in connection with this Agreement,
including where obtainable, the indemnity obligations set forth herein.
Consultant shall obtain and maintain in full force and effect during the term of this Agreement,
and shall cause each approved subcontractor or subconsultant of Consultant to obtain and
maintain in full force and effect during the term of this Agreement, commercial general liability,
professional liability and automobile liability coverage with insurance carriers admitted to do
business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or
better. The policies will be written on an occurrence basis, subject to the following minimum
limits of liability:
Commercial General Liability:
Combined Single Limit:
Professional Liability:
Combined Single Limit:
Automobile Liability:
Combined Single Limit for any auto
$1,000,000
$1,000,000
$500,000 Per Occurrence
The Client shall be listed as a primary additional insured with respect to the Automobile Liability
and Commercial General Liability and shall be granted a waiver of subrogation under those
policies. Consultant shall provide a Certificate of Insurance to the Client as evidence of
coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional
insured endorsement and waiver of subrogation attached to the policy will be included in the
Certificate.
Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of
the Texas Labor Code. Further, Consultant shall maintain said coverage throughout the term of
this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure
that the Consultant maintains said coverage. The Consultant may maintain Occupational
Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy
must be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
If at any time during the life of the Agreement or any extension hereof, Consultant fails to
maintain the required insurance in full force and effect, Consultant shall be in breach hereof and
all work under the Agreement shall be discontinued immediately.
For all matters related to its professional services, Consultant shall indemnify and hold
Client and Client's elected officials, officers, agents, and employees harmless, to the fullest
extent permitted by law, from and against any and all claims, demands, damages, costs, liabilities
and expenses, and including reasonable attorney's fees, to the extent arising out of negligent acts,
en ors, and omissions of Consultant, its agents, servants, or employees. For all other matters,
Consultant shall indemnify and hold Client and Client's elected officials, officers, agents,
employees, and independent contractors harmless, to the fullest extent permitted by law, from
and against any and all claims, demands, damages, costs, liabilities and expenses, and including
reasonable attorney's fees as a result of, related to or arising from Consultant's use or occupation
of Client owned lands, and/or any matter related to Consultant's activities, performances,
operations or omissions under this Agreement, except as may otherwise be limited by this
Agreement. The indemnity provided herein shall survive the expiration or termination of this
Agreement.
Compliance with Law
Consultant shall comply with all applicable laws, statutes, regulations, ordinances, rules and any
other legal requirement related to, in any way, manner or form, the performance of the Services
contemplated herein.
Notice
Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in
person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter,
return receipt requested, addressed to the recipient at recipient's address shown below, subject to
the right of either party to designate a different address by notice given in the manner just
described. Notice shall be deemed to be received when delivered if provided in person or by
telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days
after depositing such notice in the United States mail, as set forth above.
For Client: Marsha Reed, P.E., Chief Operating Officer
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3074
W/ copy to: Larry Hertel, P.E., City Engineer
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3074
For Consultant: Rob Comey, P.E.
PaveTex Engineering & Testing, Inc.
12804 County Road 2500
Lubbock, Texas 79404
Facsimile: (806) 777-7062
No Joint Enterprise
Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership
or principal — agent relationship between Consultant and the Client.
Authority
Consultant represents and warrants to Client that it has taken all actions necessary to authorize
the party executing this Agreement to bind, in all respects, Consultant to all terms and provisions
of this Agreement, and that such person possesses authority to execute this Agreement and bind
Consultant hereto.
Incorporation
Attachments A, B, C-1, C-2 and D are in hereby expressly incorporated in this
Agreement for all purposes.
Executed and effective this 19th day of April, 2010.
PAVETEX ENGINEERING & TESTING, INC
By:
Rob Corney, P.E.
Senior Vice President
CITY OF LUBBOCK
By: ,ad
Tom Martin,
MAYOR
ATTEST:
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Rebeka Garza, City Secretary
APPROVED AS TO CONTENT:
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Marsha Reed, P.E., Chief Operations Officer
APPROVED AS TO FORM:
Attachment A — Scope of Services
Attachment B — Current Hourly Rate Schedules
Attachment C — Workplans
Attachment D — Standard Provisions
Resolution No. 2010—R0188
Attachment A — Scoae of Services
981h Street — Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Phase ]:Forensic Investigation and Design Concept Development
Task IA — Project Management (PaveTex)
• Develop project communication plan and contact list
• Conduct necessary progress meetings
• Coordinate with subconsultants
• Prepare and e-mail weekly progress reports to the project team
• Develop project schedule and interim milestones (coordinate with City staff at the project kick-off meeting)
• Project administration, including project correspondence and invoicing documents
Task 1B — Data Collection (PaveTex)
The City of Lubbock will be responsible for making the following information available
• Existing record drawings/as-builts, including roadway, storm drain, water, and sanitary sewer
• Existing and available digital maps/files, including block or ROW maps, city utility maps in GIS format, current
aerial photography
• In progress and planned projects within the corridor
• Construction photographs of the corridor
Task 1C — Plan Review (PaveTex)
• Assemble and review previous construction drawings, existing data, and background information
• Assemble a panel of geotechnical engineers and construction experts as Expert Task Panel
• Conduct meeting with expert panel to review existing failures and potential failures
• Gain concurrence from expert panel and develop a plan to outline problem areas and potential problem areas
through the corridor
• Case studies of similar problems and/or failure modes
• Develop Subsurface Investigation plan
• Check illumination and signal foundations
Task 1D — Geotechnical Investigation (PaveTex)
• Perform falling weight deflectometer through corridor to outline soft and potential problem areas
• Drill borings to obtain soil samples and Standard Penetration Tests to check compaction and stability of in-situ
material
• Implement other investigation techniques as determined by the expert panel
Task 1E — Analysis of Existing Corridor (PaveTex)
Perform an analysis of the geogrid design
Perform analysis of the existing roadway to ensure no additional failures are pending
Task 1F — Forensic Study (PaveTex)
• Determine the cause and mode of failure
• Conduct meeting with expert panel to review geotechnical data, case studies and other findings and set direction
for remediation plans
Task 1G — Remediation Alternative Plans (PaveTex)
Develop remediation plans to present to City of Lubbock
Provide up to 3 design solutions
Task IH — Protect Existing Infrastructure Investment (PaveTex)
Develop a plan to retrofit the existing roadway to protect areas from future damage and failure
Phase 2: Development of Plans, Specifications and Estimates
The Consultant will proceed with Phase 2 only upon written authorization from the Client. The Scope of Services and
estimated fee for Phase 2 are based on providing services for improving 98`s Street and may be adjusted accordingly based
on the results of Phase 1.
Task 2A — Project Management (PaveTex)
• Attend progress meetings
• Coordinate with subconsultants
• Prepare and e-mail weekly progress reports to the project team
• Coordinate milestones with QC/QA reviewer, distribute plans and collect comments from the QC/QA reviewer
• Review Plans and Specifications for constructability
• Project Administration, prepare project correspondence and invoicing documents
Task 2B — Field Survey (PaveTex Subconsultant)
• The limits of the field survey will generally be along 986' Street from Albany to Huron and will include the entire
Right -of -Way width plus an additional width outside the Right -of -Way, if necessary.
• If necessary establish at minimum two (2) control monuments (1 per 1,000-11) with aluminum caps set in concrete
with static GPS based on approval from City of Lubbock
• Establish a vertical control for monuments using digital level and City of Lubbock control on NAVD 88/NAD 83.
• Perform a limited field survey to identify and locate existing topographic elements within the roadway corridor
including, Perform cross-sections throughout project limits at 50 -foot intervals, at grade breaks, and at additional
locations as required
• Prepare a final topographic drawing in digital format (including contours and breaklines) showing the features
located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in
the field, and a hard copy of the coordinates and feature descriptions
Task 2C — Subsurface Utility Engineering (SUE) (PaveTex Subconsultant)
• SUE work required for this project will be performed in general accordance with the recommended
practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the
Collection and Depiction of Existing Subsurface Utility Data).
• The field manager will produce detailed sketches depicting each utility as well as relevant surface
features. Preliminary field sketches depicting the designated utilities will be prepared for use during
subsequent surveying activities. These sketches will also be used to check the survey information for
completeness and accuracy.
• Non-destructive vacuum excavation equipment will be used to excavate test holes at the required
locations. Test -hole excavations will be backfilled with appropriate material and the original surface will be
restored. The backfill will be compacted in lifts by mechanical means to prevent future settlement.
• SUE plans depicting the type and horizontal location of the designated utilities will be prepared. The size
of each utility will also be presented on the SUE plans where test -holes have been completed. Where no test -
holes have been completed, the size and material type will be provided only if the information is indicated on
available record drawings.
• A summary sheet containing test hole field notes will be produced. A test hole data form will be prepared
for each test hole following receipt of coordinate and elevation information from the surveyor. SUE plans
depicting designated utility information will be revised to include test hole locations.
Task 2D — Pre -Design Activities (KHA)
• Prepare for and conduct up to four (4) progress meetings
• Develop project production plan
• Document design criteria (coordinate with PaveTex and City Staff)
• Develop project schedule and interim milestones
• Electronic File setup, establish working base files and distribute to project team (subconsultants)
• Project Administration, prepare project correspondence and invoicing documents
Task 2E — Franchise Utility Coordination (KHA)
• Send notification letter with project limits delineated to franchise utility companies. Gather existing franchise utility
information.
• Prepare exhibit that indicates existing franchise utility locations based upon SUE.
• Coordination meeting with franchise utility companies to discuss any known potential conflicts and any future plans
to extend franchise utility lines prior to roadway construction during the Preliminary Design Task.
• Coordinate utility relocation assignments and schedule.
• Submit one set of final design plans and the project schedule to each affected franchise utility for their review and
comment
• Coordination with the franchise utilities if any relocations are required.
• Attend two (2) meetings all franchise utility companies prior to the start of the franchise utility relocations during
the Final Design Task.
• Perform up to four (4) periodic site visits to observe construction and general compliance with the franchise utility
relocation assignments.
Task 2F — Preliminary Design (KHA)
Design
— Conduct up to two (2) Site Visits
— Electronic File Setup
• Establish working base/seed files and distribute to project team
• Verify the existing ground surface once received (.tin file)
• Incorporate SUE line work into design file
Prepare preliminary roadway alignment (match existing)
— Prepare typical sections, including subgrade and pavement design (specified in Phase 1)
— Prepare preliminary roadway profile (match existing)
— Gather existing and approved drainage analysis reports and plans
— Gather existing and approved utility plans and identify conflicts
— Develop initial construction sequence plan views showing:
• Travel lanes and construction areas for each phase of construction
• Temporary signing and striping, barricades, and other channelization devices
• Narrative of the suggested sequence of construction
• Remediation of sanitary sewer
• Utility construction phasing
• Vehicle and pedestrian detour routing during construction (if applicable)
Submittal (30%)
— Host a review meeting with the City reviewing staff and conduct an electronic review. Review comments will
be recorded during this meeting and distributed to members of the design team and the City. This review shall
include the following:
■ Preliminary roadway alignment (plan and profile)
■ Preliminary storm drainage (plan only, no profile)
■ Preliminary utilities design (plan only, no profile)
■ Preliminary traffic control plan narrative
■ Compile and prepare a preliminary opinion of probable construction cost for the entire project using recent
average unit bid prices which are representative of similar types of construction in the local area
— Upon approval of the preliminary (30%) design, we will commence with Final Design tasks as outlined in Task
2G
Task 2G — Final Design (KHA)
Design
— Incorporate 30% review comments
— Prepare cover sheet, index, and general notes
— Prepare plan/profile sheets (22"x34" plan sheets at a scale of 1"=50' horizontal, and 1"=2vertical). The final
bid documents will be 11"x17" plan sheets at a scale of 1"=100' horizontal, and 1"=4' vertical
— Analyze all driveways and side street tie-ins within the project and develop driveway profiles as needed.
Typically driveways will be defined vertically by shot elevations
— Develop design cross-sections on 50' intervals and at driveway and side street tie-ins
— Incorporate pedestrian improvements (match existing)
— Prepare Pavement Markers and Marking Plans (match existing)
— Prepare Drainage Plans (match existing)
— Prepare Utility Plans (mach existing)
— Develop construction sequence plan showing:
■ Travel lanes and construction area for each phase
■ Temporary signing, striping, barricades, and other channelization devices
■ Narrative of the suggested sequence of work
■ Remediation of sanitary sewer
■ Utility construction phasing
• Vehicle and pedestrian detour routing during construction (if applicable)
Develop typical cross sections showing lane widths, edge conditions, channelization, and proposed construction
area
— Develop typical driveway and intersection staging plans
— Prepare details to clarify intent
— Compile standard details (City and TxDOT) and modify as needed.
— Prepare Project Manual
Submittal (60%)
— Host a review meeting with the City reviewing staff and provide a roll plot at a scale of 1" = 50' horizontal and
1" = 2' vertical. Documents also provided for this review shall include an updated opinion of probable
construction cost.
— Upon approval of the 60% design, we will commence with 90% design
Submittal (90%)
— Incorporate 60% design comments
— Submit seven (7) 11"x17" paper copies to the City for review and comment.
— Submittal will include 90% design plans, Project Manual, updated opinion of probable construction cost, and a
complete application for the City to submit to the Texas Department of Licensing and Regulation (along with
one of the plan sets) for review in accordance with the Elimination of Architectural Barriers Act. The
application fee will be paid directly by the City.
— Upon approval of the 90% design, we will commence with 90% design
Final Submittal (90%)
— Incorporate 90% design comments
— Submit seven (7) 11"x17" signed and sealed plan sets and specifications to the City
— Submit a letter of notification to the City stating completion of the design of the project.
Phase 3: Bidding and Construction Phase Services
The Consultant will proceed with Phase 3 only upon written authorization from the Client. The Scope of Services and
estimated fee for Phase 3 are based on a 2 -month Bidding Phase and 8 -month Construction Phase for 5,000 linear feet of
improvements along 98th Street and may be adjusted accordingly based on the results of Phase 1.
Task 3A — Project Management (PaveTex)
Provide engineering oversight of the construction project
Work with City of Lubbock Engineering staff to complete project on time and on budget
Task 3B - Bidding Phase Services (KHA)
• All necessary bid documents will be provided to prospective bidders by the City's P -party bidding service
• Attend a pre-bid meeting with prospective bidders
• Prepare and submit addenda to City to issue as appropriate to interpret, clarify, or expand the bidding documents
• Attend the Bid Opening
• Tabulate the bids received and evaluate the compliance of the bids received with the bid documents
• Prepare a written summary of this tabulation and evaluation together with a letter addressing the award of the
construction contract
Task 3C — Construction Phase Services (PaveTex)
• Conduct and/or attend a Pre -Construction Conference
• Provide press releases to the City staff and/or media
• Provide on-site construction observation services during the construction phase.
• Provide recommendations on any defective work.
• Provide information and clarification to contractor
• If necessary, recommend change orders for review and approval
• Review and approve or deny shop drawings which Contractor is required to submit
• Evaluate and determine the acceptability of substitute or "or -equal"
• If requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of
Contractor's work
• Based upon observations by the Resident Project Representative (RPR), prepare the Application for Payment
• Conduct site visits to determine if the completed Work of Contractor is generally in accordance with the Contract
Documents
Task 3D — Construction Materials Testing (PaveTex)
Provide construction materials testing in accordance with the plans and specifications
Task 3E — Resident Project Representative (PaveTex and Subconsultant)
• Attend pre-bid meeting
• Attend pre -construction conference
• Conduct bi-weekly construction meeting
• Provide daily inspection of the construction project
• Provide daily inspection of the construction barricades
• Report weekly project progress
• Submit monthly Application for Payment for review
Task 3F — Record Drawings (KHA)
KHA will review changes requested by the contractor or PM which are considered as Design Changes and make
recommendation for acceptance or rejection.
Prepare project "Record Drawings" based on information provided by the Contractor and/or the field
representative as to the actual field placement of the work including any changes or deletions. KHA is not
responsible for the accuracy of the information provided by others.
KRA will provide the following deliverables:
— One (1) 11 "x 17" set of black line Record Drawings
One (1) set of .PDF file Record Drawings
Additional Services
Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on
an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following:
• Preparation of Right -of -Way Strip Map
• Construction staking
• Public Involvement
• Illumination Design
• Traffic Signal Design
• Design of any offsite improvements beyond the improvements identified in the scope
• Environmental services
• Landscape design
• Irrigation design
• Design of retaining walls, specialized inlets, or gabion mattress erosion control systems
• Preparation for and attendance at public meetings beyond what was identified in the scope
• Furnish additional copies of review documents and/or bid documents in excess of the number of the same
identified above
• Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and
regulatory agencies
• Redesign to reflect project scope changes requested by the City, required to address changed conditions or change
in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the
City's acceptance of substitutions proposed by the contractor
ATTACHMENT B
PaveTex Engineering & Testing, Inc.
Standard Hourly Rate Schedule
PTE — Corporate QC
PTE - PM
PTE — Senior Geotech PE
PTE — Graduate Eng
PTE — Admin
Kimley-Horn and Associates, Inc.
Standard Hourly Rate Schedule
Resolution No. 2010—RO188
$200
$190
$145
$85
$75
KHA - QC
$210
KHA - PM
$195
KHA - Senior PE
$145
KHA - PE
$130
KHA - Analyst
$105
KHA - CAD
$85
KHA - Admin
$75
Resident Project Representative
(Actual subconsultant to perform these services will be selected in the future)
Standard Hourly Rate Schedule
RPR — PM
$110
RPR — Inspector
$80
RPR — Admin
$70
The rates listed above are applicable for up to 15 months after the date of execution of this
Agreement.
Attachment C1
PaveTex Engineering and Testing, Inc
12804 County Road 2500
Lubbock Tx 79404
(806) 771-7283
Client City Of Lubbock
Project 98th Street Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Project Manager Rob Comey, P.E.
1'ask Descriptions:
Corporate
QC
$200
Project
Manager
$190
Senior
Geotech
$145
Graduate Admin
Engineer
$85 $75
Tay k 1C i?lan Revfew
Geotech
Engineer
$200
$190
Assemble and Review Prev Plans
1 $85 1 $75
40 20
Conduct Meeting with Expert Panel
8
16
8
Case Studies
Subtot 11 0 1
0 1
24
Check Illumination and Signal Foundations
16
Geotech Experts
16
Subto all
16
8
56 1
48 1 20
$8,120
8,420
Corporate
QC
LEA escip#Fr ns $200
Project
Manager
$190
Senior Graduate Admin
Geotech Engineer
$145 $85 $75
Tot—AU0-et1*014 2- 1nvestlgatio i
QC
1
40
Geotech
Engineer
$200
$190
$145
1 $85 1 $75
Subtot 11 0 1
0 1
0 1 40 0
Corporate
Project
Senior
JGraduate I Admin
QC
1
Manager I
Geotech
Engineer
$200
$190
$145
1 $85 1 $75
Analyze Geogrid Design 20
Analyze Existing Corridor 20
Subtotal 0 0 40 0 0
ra su " r1 $o $0 Ll5,800 $o $o
ASM -1 . ` v' $5,800
Subtotal
(Hrs)
60
32
24
16
16
Subtotal
(Hrs)
40
0
0
0
0
0
Subtotal
(Hrs)
20
20
Attachment C1
PaveTex Engineering and Testing, Inc
12804 County Road 2500
Lubbock Tx 79404
(806) 771-7283
Client City Of Lubbock
Project 98th Street Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Project Manager Rob Comey, P.E.
Corporate
QC
Task iDawri ons $200
Project
Manager
$190
Senior
Geotech
$145
Graduate Admin
Engineer
$85 $75
Task V Forensic Sto
Determine cause and mode of Failure
8
20
Meeting with expert panel (set direction)
16
32
16
Geotech Experts 32
60
0
0
Subtotall 32
24
52
16 0
1Task 1P Subtotal 1 $6,4001 $4,5601 $7,540 1 $1,3601 $01
Total
Task Desai orm
Task 1a Reme4r0tlon Aitemattve
Develop Remediation Plans
Subtotal
Corporate Project
QC Manager
$200 $190
Senior
Geotech
$145
Graduate
Engineer
$85
Admin
$75
8
60
60
8
60
0
0
1Task1GSObtotal 1 $01 $1,5201 $8,7001 $01 $01
Ta* Dwalpflom,
Task 1 protea xl. n Infweucturo
Develop Remediation Plans
Subtotal
Corporate
QC
$200
Project
Manager
$190
Senior
Geotech
$145
Graduate Admin
Engineer
$85 $75
8
60
8
60
0 0
1Task Wubtata 1 $01 $1,5201 $8,7001 $o I $o I
Subtotal
(Hrs)
68
0
Subtotal
(Hrs)
68
0
Attachment C1
PaveTex Engineering and Testing, Inc
12804 County Road 2500
Lubbock Tx 79404
(806) 771-7283
Client City Of Lubbock
Project 98th Street Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Project Manager Rob Comey, P.E.
Ta* Desedl _ ons
Corporate
QC
$200
Project
Manager
$190
Senior
Geotech
$145
Graduate
Engineer
$85
Admin
$75
Task:7A Pro e¢t Mana - ment ,
Subtotall 0 1 120 0 1 0 1 0
Attend progress meetings
32
Coordinate with Subconsultants
8
8
Coordinate with QC/QA reviewer
8
Review plans and specs for constructability
32
Project Admin, correspondence, invoicing
16
48
Subtotal
0
96
0
0
56
$01 $4,200
Subtotal
(Hrs)
32
16
8
32
64
0
Corporate
QC
Task'besai Botts $200
Project
Manager
$190
Senior
Geotech
$145
Graduate Admin
Engineer
$85 $75
Subtotal
(Hrs)
120
0
T�sk3'Aj?� ecE;rw �ment
Provide engineering oversight 120
Subtotall 0 1 120 0 1 0 1 0
Attachment C1
PaveTex Engineering and Testing, Inc
12804 County Road 2500
Lubbock Tx 79404
(806) 771-7283
Client City Of Lubbock
Project 98th Street Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Project Manager Rob Comey, P.E.
Task .`Z `` ans
Corporate
QC
$200
Project
Manager
$190
Senior
Geotech
$145
Graduate
Engineer
$85
Admin
$75
Task X Construction Phase Sery c6t
Conduct or attend Precon meeting
8
Provide Press Releases
8
20
Construction observation
240
84
Provide Information to contractor
24
16
Recommend change orders
32
16
Review shop drawings
8
32
Approve "or equal"
16
Quality of work decision
16
8
Prepare application for payment
16
Subtotall 0
368
16
132
28
JTaskt3GSubtotal 1 $01 $69,9201 $2,3201 $11,2201 $2,1001
Total
Subtotal
(Hrs)
8
28
324
40
48
40
16
24
Attachment C1
PaveTex Engineering:
Testing,
Inc.
Reimbursable Expenses
Qty.
Unit
Unit Price
Extension
Travel
Mileage
200
Miles
$0.500
$
100.00
Hotel
12
Ea
$100.000
$
1,200.00
Air Fare
12
Ea
$300.000
$
3,600.00
Geotechnical Drilling
Drill Rig Mobilization
1
LS
$2,500.00
$
2,500.00
30 Foot Geotechnical Boring
50
Borings
$350.00
$
17,500.00
Crew Perdiem
12
Each
$175.00
$
2,100.00
Geotechnical Testing Fees
Atterburg Limits
50
Each
$50.00
$
2,500.00
Soil Classification
100
Each
$50.00
$
5,000.00
Moisture
350
Each
$10.00
$
3,500.00
Subtotals for Worksheet 13
PaveTex Engineering Directs and Reimbursable
$
38,000.00
Total PaveTex Experimml
$
41,800.00
Attachment C1
PaveTex Engineering and Testing, Inc
12804 County Road 2500
Lubbock Tx 79404
(806) 771-7283
98th Street Albany to Huron Sanitary Sewer Trench Evaluation and Remediation
Project Manager
7Project Summary
Phase 1
PaveTex Engineering and Testing, Inc
Task Total
Multiplier
Multiplier
SubTotal
Task 1A Project Management
$
21,000.00
1.00
$
21,000.00
Task 1B Data Collection
$
3,180.00
1.00
$
3,180.00
Task 1C Plan Review
$
18,420.00
1.00
$
18,420.00
Task 1D Geotechnical Investigation
$
3,400.00
1.00
$
3,400.00
Task 1 E Analysis of Existing Corridor
$
5,800.00
1.00
$
5,800.00
Task 1F Forensic Study
$
19,860.00
1.00
$
19,860.00
Task 1G Remediation Alternative
$
10,220.00
1.00
$
10,220.00
Task 1 H Protect existing infrastructure
$
10,220.00
1.00
$
10,220.00
Subconsultants
KHA & Assoc
Field Survey
$
18,181.00
1.1
$
Task PHI -PM
$
21,200.00
1.1
$
23,320.00
Task PHI - Alt Plans
1 $
20,200.00
1.1
$
22,220.00
Pfta"_1,Design-Concept Development.- Subtotal
$
137,640.00
PaveTex Engineering and Testing, Inc
Task Total
Multiplier
SubTotal
Task 2A Project Management
$
22,440.00
1.00
$
22,440.00
KHA & Assoc
Task PH2 PM
$
32,200.00
1.1
$
35,420.00
Task PH2 Fran Util
$
19,340.00
1.1
$
21,270.00
Task PH 2 Prelim
$
66,300.00
1.1
$
72,930.00
Task Ph2 Final
$
94,700.00
1.1
$
104,170.00
Subconsultants
Field Survey
$
18,181.00
1.1
$
20,000.00
Subsurface Utility Engineering
$
18,181.00
1.1
$
20,000.00
Phase2`Development; of plans, spec, and estimates. Subtotal
$
296,230.OQ
Attachment C1
,Phase PaveTex Engineering and Testing, Inc
Task Total
Multiplier
SubTotal
Task 3A Project Management
$
22,800.00
1.00
$
22,800.00
Task 3C Construction Phase Services
$
85,560.00
1.00
$
85,560.00
Task 3D Construction Materials Testing
$
50,000.00
1.00
$
50,000.00
KHA & Assoc
Task Ph3 Bidding
$
12,550.00
1.10
$
13,805.00
Task Ph3 Construction
$
20,100.00
1.10
$
22,110.00
Subconsultant
Resident Project Representative
$
90,909.00
1.10
$
100,000.00
Phi 3 S dding and Construction Phase Seivlces - Subtotal
$
294,2 00
Task Total I Multiplier SubTotal
Reimbursable Expenses $ 38,000.001 1.10 $ 41,800.00
Reimbursable - Su ptal 41,800.00
Not -to -Exceed - Total $ T69, 4f3.00
Resolution No. 2010—RO188
CZ=� Kimley-Horn Attachment C-2
= and Associates, Inc. REIMBURSABLE Budget Summary
Project Workplan Budget Date: Aor 12.2010
'General Project Information
Client: City of Lubbock
Project: 98th Street
KHA No.
PM: Brad Tribble
No.
Task Name
Hours
Labor Expense
Allocation
Subtotal
100
PH1-PM
112
$
20,300
$
900
$
21,200
110
PHI -ALT PLANS
120
$
19,400
$
800
$
20,200
200
PH2-PM
178
$
30,900
$
1,300
$
32,200
210
PH2-FRAN UTIL
124
$
17,880 $ 660
$
800
$
19,340
220
PH2-PRELIM
1 5631$
63,700
$
2,600
$
66,300
230
P1 -12 -FINAL
8161$
91,000
$
3,700
$
94,700
300
PI -13 -BIDDING
85
$
12,050
$
500
$
12,550
310
PI -13 -CONSTRUCTION
1241$
19,300
$
8001$
20,100
TOTALS: I 21221 $ 274,530 1 $ 660 1 $ 11,4001$ 286,590
Effort Totals:
Labor: $ 274,530
Ex ense: $ 12,060
TOTAL: $ 286,590 J
Page 1 of 1
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Resolution No. 2010—RO188
ATTACHMENT D
PAVETEX ENGINEERING & TESTING, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional
services extends only to the services specifically described in this Agreement. However, if requested by the Client and
agreed to by the Consultant by amendment to this Agreement, the Consultant will perform additional services ("Additional
Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the
Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then -
current hourly rates plus direct expenses including in-house duplicating, local mileage, telephone calls, and postage. Other
direct expenses will be billed at 1.1 times cost.
(2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive information, and make or interpret the Client's decisions, so long as such decisions
do not increase the expenditures of funds hereunder or otherwise alter the terms of this Agreement.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including
all numerical criteria that are to be met and all standards of development, design, or construction.
(c) Provide to the Consultant all previous non -confidential studies, plans, or other documents pertaining to the project in its
actual possession, so long as Client shall be allowed to rely on such material, as such material shall relate to the Project, and
all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental
impact assessments or statements, zoning or other land use regulations, upon all of which the Consultant may rely if such
reliance shall be reasonable.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services.
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of the Consultant, so long as such decisions do not increase the
expenditures of funds hereunder or otherwise alter the terms of this Agreement.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
the Client may require in furtherance of the project development.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the
scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client, unless provided otherwise herein.
(2A) The City Council of Client herein delegates the authority to act as the Client's representative under this Agreement to
the City Engineer of Client, or his/her designee.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
copy of this Agreement and will complete the services within the time specified in this Agreement. Times for performance
shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control and
cannot remedy through the exercise of diligence.
(4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions:
(a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred, if
allowed by this Agreement. Payment of each invoice will be due within 30 days of receipt. Interest will be added to
accounts at the rate as provided by the Texas Government Code. If the Client fails to make any payment due the Consultant
under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after
giving notice to the Client, suspend services until all amounts due are paid in full.
(b) The Client agrees that the payment to the Consultant is not subject to any contingency or condition, except as provided
in this Agreement. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full
satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and
satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the
Client.
(5) Use of Documents. All documents, including but not limited to drawings, specifications, reports, and data or programs
stored electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and
may be used by the Client for other projects at its sole risk. They are not intended or represented to be suitable for use,
partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by
the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written
authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant. Any
authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and
the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client,
and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between
them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of
documents conveyed by the Consultant may be relied upon. The reports, boring or test pit logs, field data, field notes,
laboratory test data, calculations, construction cost projections, and other documents prepared by the Consultant, as
instruments of professional service, shall remain the property of the Consultant.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as
to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its
experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The
Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the
Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's
services required to bring costs within any limitation established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon
seven days' written notice in the event of failure by the other party to perform in accordance with the terms hereof through
no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. In the
event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of
termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount
of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to
the total amount of services which were to have been performed. If this Agreement is terminated, the Consultant shall
provide the Client all documents (level of completeness determined by the termination date), including but not limited to
drawings, specifications, reports, and data prepared by the Consultant that are related exclusively to the services described
in this Agreement.
(S) Insurance. The Consultant shall procure and cant' Workers' Compensation insurance, professional liability insurance,
and general liability insurance as set forth in Attachment A-1.
(9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the
services are provided. No warranty, express or implied, except as expressly provided herein, is made or intended by the
Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with
respect to the Client. Client recognizes that subsurface conditions may vary from those encountered at the location where
borings or test pits, surveys, or explorations are made by the Consultant and that the data, interpretations and
recommendations of the Consultant are based solely on the information available to it. Client recognizes that the
performance of soils depends on the variability beyond the control of the Consultant and therefore, Consultant cannot and
does not guarantee the performance of the soils. The Consultant will be responsible for those data, interpretations and
recommendations as indicated above, but shall not be responsible for the interpretation or implementation by others of the
information developed.
(10) LIMITATION OF DAMAGES. Under no circumstances shall the Consultant be liable for costs related to the failure
of contractors to perform work in accordance with the plans and specifications.
(11) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that are
inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant
to violate applicable rules of professional responsibility.
(12) Hazardous Substances and Conditions.
(a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are
limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian,
transporter, handler, arranger, contractor, or remediator with respect to pre-existing hazardous substances and conditions.
Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to,
plans and specifications for isolation, removal, or remediation.
(b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services
of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected
portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to
proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and terms for such services.
(13) Construction Phase Services.
(a) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's
means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be
for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its
contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees
the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance
with the contract documents.
(b) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are
not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(14) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole benefit of the Client and the Consultant. The Consultant reserves the right to augment its staff with
subconsultants, as approved by Client (the subconsultants specifically defined and described in the Agreement being
approved by Client), as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant
exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants.
(15) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and
to the use by the Consultant of facts, data and information created by the Consultant in the performance of its services. If,
however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant
shall use reasonable care to maintain the confidentiality of that material.
(16) Miscellaneous Provisions. This Agreement is performable in Lubbock County, Texas and is to be governed by the
law of the State of Texas. Venue for any action under or related to this Agreement shall exclusively lie in courts of
competent jurisdiction in Lubbock County, Texas. This Agreement contains the entire and fully integrated agreement
between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or
understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document duly
authorized and executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order
issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that
is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions.
The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
(17) Provisions for Geotechnical Engineering and Testing Services
(a) The analyses, conclusions, and recommendations provided as part of the Geotechnical Engineering Services are based
on specific site conditions as they existed at the time of the field investigation and further on the assumption that the
exploratory borings, soil conditions, and ground water observations, are representative of the subsurface conditions
throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the
borings at the time they were completed. If, during construction, different subsurface conditions from those encountered in
the borings are observed, or appear to be present in excavations, the Client must notify the Consultant promptly so that the
Consultant can review these conditions and reconsider the recommendations as necessary. If there is a substantial lapse of
time between providing the initial recommendations and the start of the Project, if conditions have changed due either to
natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish
grades change, the Client agrees to promptly inform the Consultant to determine the applicability of the initial
recommendations.
(b) Client will provide for right -of -entry for Consultant. Consultant will take reasonable precautions to minimize damage to
Project property. It is understood by the Client that in normal course of work some damage may occur, the correction of
which is not part of this Agreement. Client agrees to hold the Consultant harmless for damage to utilities or subterranean
structures which are not correctly located by the Client or the responsible utility.
(d) Consultant will retain soil and rock samples for thirty (30) days after submitting the report on those samples.
Construction materials samples collected and tested will be disposed after testing. Further storage or transfer of samples can
be made at the Client's expense upon written request.
(e) Consultant shall carry out in a safe manner all its field and laboratory activities, including without limitation
mobilization, accessing the site, preparing the site, sampling, testing, observing construction or testing activities by others,
demobilization, transportation to and from work sites, and handling samples. Consultant shall obey applicable laws,
regulations, and recommended best practices for its activities and, with respect thereto, shall be solely responsible for
selection and execution of means, methods, equipment, sequences, schedules, safety programs, and enforcement of safe
practices.
(f) Consultant shall examine the site before beginning any sampling or testing operations and shall exercise due care to
locate and identify underground or above ground conditions that would affect or be affected by Consultant's services.
Existing facilities of any nature that might be damaged in any way by Consultant's services shall be called to the attention of
the Client before commencement of potentially damaging activities, and facilities so located or identified shall be given a
pre -operations inspection (with documentation) by the Consultant. Consultant shall be responsible for location and time of
sampling or testing, within normal industry standards and specifications.
(g) All bore holes, test pits, observation wells, sample holes or pits, or similar modifications to the site as a result of the
activities of the Consultant shall be protected by Consultant to prevent its employees, any other party, or animals from
injury or damage. Before leaving the site of its activities, Consultant shall restore the site, including without limitation
routes of access, to a condition reasonably the same as originally existed. With specific written authorization by the Client,
restoration of the site of Consultant's activities and access routes thereto can be deferred if construction work in the near
future will make such restoration unnecessary.