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Ordinance No. 6,043911010 -25 ORDINANCE NO. 6043 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SOUTHWESTERN LABORATORIES FOR GEOTECHNICAL ANALYSIS FOR THE GARTH ROAD BRIDGE AND MASSEY TOMPKINS ROAD PROJECTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an agreement with Southwestern Laboratories for geotechnical analysis for the Garth Road bridge and Massey Tompkins Road projects. A copy of said agreement is attached hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 10th day of October, 1991. i c ETT UTTO, Mayor ATTEST! EILEEN P. HALL, City Clerk GNACIO IREZ, S ., City Attorney C:1:74:29 OCT 07 '91 10:50 SWL HOUSTON S"PL SOUTHWESTERN LA130RATORIES F. 2/19 Mautia4f, environmental and geotrehnical enginttring, nondestraelive, metallurgical and anaiyticai services 222 Cavalcade St. • RO. Box 8789, Houston, Tra as 772149 • 713/282.91 E51 October 7, 1991 City of Baytown 240 Market P.0. Box 424 Baytown, Texas 77522 -0424 Attention: Mr. Kent Laza, City Engineer Re: Proposal for Geoteehnical Investigation Garth Road Bridge Baytown, Texas SwL Proposal No. P91 -240 Gentlemen: dAe,I, co P T Southwestem Laboratories is pleased to present this proposal to perform the geotechnical investigation for the proposed new bridge. This proposal outlines our understanding of the project and presents our proposed scope of services and applicable fees. The existing bridge across the East Pork Garth Road is to be demolished and removed. The new bridge is to be raised 4 to 5 ft above the level of the existing bridge regwiring fill for the roadway approaches. Plans are to support the new bridge on driven 16 inch square precast concrete piles or on drilled piers. A consideration in driving piles is the effect on nearby residential and commercial structures. The investigation will be conducted to evaluate the subsurface stratigraphy at the site and to provide recommended soil parameters to guide foundation design. This proposal will briefly address each major phase of the investigation and present the applicable fees and limitations. Field Services We propose to evaluate the subsurface stratigraphy by: a. Drilling four (4) borings, each to a depth of about seventy (70) ft below the existing ground level. b. Obtaining relatively undisturbed soil samples in each boring at selected depths. It is our understanding that the site is accessible to our truck mounted drilling equipment, The test borings will be drilled with our own equipment and drill crew at the locations selected by the engineer. EXHIBIT ADUSTON • GALLAB • AUWnN • 2SALIMONT i uALVESTON COUNTY 6 Rlp GRANDE VALLEY • ALEXANQRIA SAN ANTQNIO I FORT WORTH • MIOLAND • MONROE 6 BMREVEPORT s TEXARKANA • OENISON 4 BATON ROUGE MOLMHWEETERM LASOIRATORIMS City of Baytown SwL Proposal No. P91• -240 October 7, I991 Page 2 Cohesive soils will be sampled with thin wall sampling tubes and the sampling technique will be conducted in general accordance with ASTM D 1587. Soil sampling in granular soils will be conducted with a split spoon sampler and will roceed in general accordance with ASTM D 1586. The soil samples will be extruded from the sampler and visually classified in the field. The soil samples will then be sealed at the site in appropriate containers to minimize sample disturbance during transportation to the laboratory. day. The groundwater levels will be measured in the borings at the end of the working Laboratory Testiris! The geotechnical engineer will review the project requirements and will assign a laboratory testing program after first visually examining representative portions of each soil sample collected. The testing program will include tests to aid in soil classification, and to aid in determining strength and compressibility of selected soil samples. The tests will be performed by experienced laboratory technicians using calibrated equipment and will be monitored by the geotechnical engineer, fingering -Report The engineering report will be prepared under the direct supervision of one of our registered engineers whose expertise is in the area of geotechnical engineering. The engineering report will include the Borin# Logs, a Boring Location Plan, results of the laboratory testing program and the pertinent engineering recommendations which will serve to guide foundation design. The recommendations will address: 1. Foundation type selection. 2. Design parameters to determine the foundation depth and to aid in sizing the foundation components. 3. Recommendations for lateral earth pressures on earth retaining walls. 4. Recommendations for subgrade and fill preparation and placement. 5. Comments regarding the type of foundation with respect to the effect of construction on nearby structures. WineerinL—ConsultatIon As an integral part of our geotechnical investigation, consulting services will be M available on matters regarding the interpretation and implementation of the conclusions and recommendations contained in our report. The initiation of this service will be the responsibility of the authorizing agent and will most likely be accomplished prior to or just after foundation drawings and specifications are completed, but certainly prior to SOLMMWESTERN LAMORATORIgS City of Baytown SwL Proposal No. P91 -240 October 7, 1991 Page 3 construction. One hour of such service is included in the cost estimate. Additiona as required, will be invoiced at the rate on the attached fee schedule. Estimate of _QMes and Condit #amens We estimate the .charges for the investigation to be as follows; 1. Field Investigation $3,150 2. Laboratory Testing $1,800 3. Engineering Analyses & Report $2, 6___00 Total Estimated Charges $7,550 This estimate does not include the price of a dozer or swamp buggy which be required for access if the surface soils are soft and wet. Furthermore, ciearin; or surveying is beyond the scope of our work. The boring locations will be stal our drill crew by taping distances from landmarks shown on the plans provided and estimating angles. ,t The estimated costs indicated above are approximate and compensation f investigation will be based upon the actual work and tests performed in accordant the unit fees enclosed. We will not exceed the above total cost estimate plus 10 l without approval. Our standard charges for geotechnical services are enclosed. If the terms of payment in Article 7 of the attached agreement are not acci to you, please advise prior to accepting this proposal and we will work out wig an estimated payment schedule and adjust our proposal fee accordingly. In order t+ our fees as reasonable as possible for the services proposed, we do not normally i f any cost for delayed payments. Schedul e We understand that time is of the essence and that the report is due on No% 1, 1991. Also, that approval cannot be given until after a city council meeti October 10, 1991. However, to meet the November 1 deadline, we must begin thR work on October 14, thus, we need your authorization on October 11, 1991 written report will be completed approximately 3 weeks following initial field Verbal design parameters can generally be provided on the order of 7 working following initial field work, Unit Fees and Ament. The enclosed unit fees will remain firm for the duration of the project i Proposal is accepted within sixty (60) days of the date of this proposal. r -- - - - - -- -_ - - - - - -- - - - - - - --- - - - - - - ------------ - - - - Ot-T I9I7 A C31 I a e Mr ci. a Unf ICTnN R OCT 07 '91 10:54 SWL HOUSTON P 5/1'= r c s•. h 7 a r L 1 SOUTHWESTERN LABORATORIES City of Baytown SwL Proposal No. P91 -240 October 7, 1991 Page 4 The attached "Agreement for Geotechnical Engineering Services" presents the terr. and conditions for our geotechnical investiggaation. Upon your approval, please sign bo copies and return one copy to us for our files. We appreciate your consideration of Southwestern Laboratories for this project ar look forward to working with you. Please contact us if you need any addition information or have any questions. JKS /rmc Enclosures: Geotechnical Agreement Schedule of Fees Very truly yours, SOUTHWESTERN LABORATORIES, INC.. . Kelly ter, P. E. Manager Geotechnical Engineering Division OCT 07 ' �1 10; 55 �)wL HuUSTury ACREEMENT FOR GEOTECIINICAL ENGINEERING SERVICES THIS AGREEMENT is by and between City of Baytown . V 1: hereinafter called CLIENT and SOUTHWESTERN LABORATORIES, INC. hereinafter called SwL, who agree as follows: L DECLARATIONS. CLIENT desires to engage SwL to provide services in connection with CLIENT's project ("THE PROJECT ") described as follows: Garth Road Bridge, Baytown, Texas SwL Proposal No. P91 -240 2. SCOPE OF WORK. SwL shall provide services for THE PROJECT in accordance with the accompanying proposed "scope of services" made a part hereof as Exhibit "A', and "terms and conditions" as set forth in the following Articles and made a part of this Agreement, 3. FEE. SwL has submitted a fee schedule to CLIENT, a copy of which is attached hereto and made part hereof as Exhibit "B" for such services, which fee schedule is acceptable to CLIENT. 4. CLIENT DISCLOSURE OF HAZARDOUS &TOXIC MATERIALS AND CONDITIONS ATTHE PROJECT. — Client warrants to SwL that to the best of its knowledge the only hazardous or toxic materials which exist at THE PROJECT are as follows: Client acknowledges and Confirms that SwL is relying upon the above warranty in undertaking to perform the services described in this Agreement. EXECUTED THIS day of . 19 By By A'Wft J. Kelly Senter, P.E., Manager Snot tabara E6S, Ir,e. Title Ceotechnical Engineering Division TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: SwL will: 11 Provide only those services that, in the opinion of SwL, he within the technical or professional areas of expertise of SwL and which SwL is adequately staffed and equipped to perform. 1.2 Perform all technical services under the gerucal direction of a licensed Engineer and in substantial accordance with the basic requirements of the a xop ate Standards of the American Society for Testing and Materials, where applicable, or other Standards designated in writirl; y CLLENT. 1.3 Consider all report` to be the confidential property of CLIENT, and distribute reports only to that;e persons, organizations or agencies apeciffcally designated in writing by CLIENT or his authorized representative. 1.4 Retain sample] of scsfl or rock for a period of 60 days following submission of the report, unfese requested otherwise, after which samples will be discarded. 1.8 Retain all pertinent records relating to the sararaii performed for a period of five years following submission of the report, during which period the records will be made available to CLIENT at all reasonable times. ARTICLE 2. CLIENT'S RESPONSIBILITIES: CLIENT or hie authorized representative will, 2.1 Provide SwL full information regarding the structures) to be constructed on THE PROTECT site, including location and elevation of structures) on THE PROJECT site, locations of existing underground utilities on THE PROJECT site, magnitudes and confiburatioms of design loads, permisaibla settlements, planned cuts and filly, pruximity to adjacent structures, and design loadings for paving areas and railways, and other information for the proper performance of SwL. 12 Farnfah right of entry on THE PROJECT site fcr SwL to males the necessary field studies. SwL will endeavor to ininimize damage to the land but makes no guarantee to restore the site to its on cal condition unless a separate agreement is made for such restoration, in which case SwL shall add the Lwt of restoration to the fee for THE PROJECT. While performing our field work, SwL will take reasonable precautions to avoid damage to subterranean and subaqueous structures, pipelines, and utilities. CLIENT agrees to hold SwL and its officers, aWrs, employees, and subcontractors harmless for any damages to such structures, pipelines, and utilities, and defend SwL and its officers, ugunta, employees and subcontractors against any claims arising as a result of such damage, which were not called to 5wUs attention or correctly shown on plans furnished, 2.3 Designate in writing those persons, organizations or agencies to be contacted in the event conditions are rrvealed during the execution of SwL's study that would require possible alteration of the study or would potentially influence design that is proceeding in paralied with the study. moza OCT 87 'S'1 10:56 SWL HOUSTUN r 1 ARTICLE 3. GENERAL CONDITIONS: 31 SwL, by the performance of services covered hereunder, dries not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by customer contract are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 CLIENT agree. to advise SwL, prior to beginning work, of any hazardous or toxic materials on or near the site_ In the event that test samples obtained during our work contain substances hazardous to health, safety, or the environment, these samples remain the property of the CLIENT. Likewise, any a uipment contaminated during our Services which cannot be reasonably decontaminated shall become the property and responsibility of the CLIENT. Such samples and/or equipment will be delivered to the CLIENT. CLIENT agrees j to pay transportation costs for samples; and equipment and the fair replacement value of contaminated equipment. For services involving or relating to hazardous materials elementi of this Agreement, it is further aged that the CLIENT shall indemnify and hold harmless SwL and their consultantu, agents, and employees, and defend SwL from and against all claims, damages, losses and expenses, direct or indirect, arising out of or resulting from the work by SwL, or claims against SwL arising from the work of others, related to hazardous or toxic materials, including where liability is sought to be imposed on any theory of strict liability by operation of law, ARTICLE 4. STANDARD OF CARE AND WARRANTY: Services performed by SwL will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, either expressed or implied, is made or intended by our proposal, contract, or reports. The CLIENT recognizes that conditions in the work area may differ from those at the investigated location, and that conditions may change over time. SwL will not be responsible and client agrees to hold SwL, and its consultants, agents and employees, harmle.r• and defend them from and against any damages and claims for damages of whatsoever nature resulting from such differences. SwL will not be responsible for the interpretation or use by others of data developed by SwL. ARTICLE S. INSURANCE: SwL shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims uncle #r applicable Worker's Comptnsation Acts and frnm claims for bodily injury, death or property damage as may arir;e from the per[armanee of services under this Agreement. SwL wW, upon raquesk, file certification of such insurance coverage with CLIENT or hi. authorized representative. Within t!u limits and conditions of such insurance, SwL agrees to indemnify and save CLIENT harmless fmm and against any loss, damage, or liability arising from any negligernk work by SwL, its agents, staff and consultants employed by it. SwL shall not be responsible and CLIENT shall indemnify SwL and defend SwL from, any claim, loss, damage or liability arising from any negligent acts by CLIENT, its agents, staff, and other consultant. employed by it. ARTICLE b. LIMITATION OF LIABILITYe For any damage or costs resulting from error, omission, or other professional negligence in the performance of SwL's services, the liability of SwL to all claimants with respect to THE PROJEC will be limited to an aggregate sum not to exceed $50,000 or SwUs total fee for the services rendered on THE PROJECT whichever is greater, ARTICLE 7. INVOICES AND PAYMENT: SwL will submit progress invoices to CLIENT monthly and a final invoice upon completion of services. Each invoice, on presentation, is duet and payable by CLIENT or his authorized representative. Payment is past due 30 days from invoice date. CLIENT agrees to pay interest of one and ore -half percent (1+A%,) per month, on past due accounts, Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. ARTICLE 8. E3MNT OF AGREEMENT: The Agreement, including these terms and conditions, represents the entire agreement between CLIWI' and SwL and supersedes all prior negotiations, representaticros or alpreementso written or oral. The Agreement may be amended only by written instrument signed by CLIENT and SwL. Should any conflict occur between these terms and conditions and the Agreement, it is understood that these terms and conditions shall be controlling. ARTICLE 9. APPLICABLE LAW- The Agrimment &hall be governed by the laws of the State of Texas, January, 1990 SCHEDULE OF FEES GEOTECHNICAL ENGINEERING SERVICES HOUSTON OFFICE Analysis, Consultation, and Report Preparation. Fees for our professional services are based on the time of professional, technical and clerical personnel directly charged to the project. Engineering services include project administration; site inspection; preparation of sampling and laboratory test program; office and field engineering supervision of drilling, testing and sampling; visual sample classification; analyses; detailed preparation of engineering reports; and conferences and consultation pertinent to the project. Personnel Classification Hourly Rate Principal Engineer, P.E. $85.00 Engineering Manager, P, E. $75.00 Project Manager, P. E. $66.00 Senior Engineer /Geologist $60,00 Project Engineer /Geologist $48.00 Associate Engineer /Geologist $40.00 Senior Engineering Technician $28,00 Engineering Technician $25.00 Drafting & Clerical $25.00 Reimbursable expenses. Expenses other than salary costs that are directly attributable to performance of our professional services are billed as follows: a) for report reproduction outside of normal distri- bution, rates available on request b) for transportation in our company vehicles, $0.45 per mile c) for in -house computer use, rates established for individual systems; information furnished upon request d) for all other expenses, including but not limited to authorized travel, sample shipment, subcontracts, consulting fees, outside computer use, long distance communications, outside reproduction, and mailing expense, cost plus 15 percent January, 1890 SCHEDULE OF FEES GEOTECHNICAL FIELD SERVICES HOUSTON OFFICE 1. Mobilization 1.1 Truck- mounted rig (min. $175) .................... $ 2.50 /mile 1.2 All terrain rig (min. $245)...................... $ 3.50 /mile 2. Drilling & sampling with truck- mounted equipment to recover samples at 2 -ft intervals to 12 -ft depth aaa at 5 -ft intervals thereafter 2.1 0 - 50 ft ...... ............................... $10.50 /ft 2.2 50 - 100 ft_.- I ........................... $12.00 /ft 2.3 100 - 150 ft.......... $15AO /ft 3. Use of all terrain drilling equipment to gain access, acid .... ............................... $ 2.75/ft 4. Grouting boreholss ..... ............................... $ 4.00 /ft 5. Standby for reasons beyond our control including moving time in excess of 1/2 hour........... $110.00 /hr. 6. Rental of equipment if required to gain access................. ............................... Cost + 15% 7. Drilling and sampling with hand operated equipment, 3 -man crew .. ............................... $110.00 /hr, 8. Per diem or daily travel if job site is more than 45 miles from Swi, office at 222 Cavalcade ....... ............................... $60.00 /man day I - - - -- r00VTMW9fTKRN 6A60RATORlt3 #1 1 i January, 3990 SCHEDULE OF FEES LABORATORY SOIL TESTING HOUSTON OFFICE Classification and Index Tests 1. Liquid and Plastic Limit ....................................................... S 35.00 2. Sieve Analysis, through the No. 200 Sieve ....... .....................•......... $ 40.00 3, Hydrom2ter test ...................... ................. .............. $ 60.00 4• Percent Passing No. 200 Sieve ................... ...........•................... $ 20.00 5, Moisture Content ................ ........... ............................... $ 4.00 S. Moisture Content and Density of Sample ........ ...................... $ 12.00 7. Specific Gravity ...................... ......... ........................•...... $ 35.00 B. Organic Content .. .............•............•.... ..-- .................--- -- $ 20.00 Permeability Tests 1. Permeability, Falling Head (Permeamster Method) • •.•• ........ .... ............... $ 75 -00 2. Permeability, Constant Head Test ............................................... $ $0.00 3. Permeability, in triaxial chamber with back pressure .............. ............. $190,00 Strength Tests 1. Unconfined Compression . ..................................... .......... ....... $ 26.00 2. Triaxial Shear Unconsolidated - Undrained ....... ..........................•..•• $ 37.00 S. Consolidated - Undrained Triaxial Shear Test w /Pore Pressure Measurement 3.1) Per Specimen ........................................................... $150.00 3.2) Multiple Stage (3 points) ... ............... ......... $325.00 (Additional oharge for Stress - Strain Oeasurwnents quoted Based on Engineering Properties of Samples) 4. Preparation of Trimmed, Remolded or Compacted Specimens, each. .. ...... ......... ................ $ 35.00 S. Direct Shear Test, per specimen (3 specimens normally tested to evaluate Mohr's Envelope) 5.1) Unconsolidated - Undrained, per specimen ............................. $ 40 -D0 5.2) Consolidated - Undrained, per specimen .. ..................•............ $150.00 5.3) Consolidated - Drained, per specimen ..• . ...............•..........1.... $150.00 5.4) Residual, per specimen .........• ........ ............................... $300.00 B. Laboratory Vane Shear .............. .......... ........•...................... $ 25.00 Volume Change Test 1. Consolidation Test, 7 or less loading increments (per ASTM D 2435) ....... ........ .................. .I....•...... $300.00 1.1) Additional load increments, each .......• .............. ..............•.. $ 30.00 2. Consolidation Test, 7 or less loading increments. without time - consolidated data ..... ............................... $225.00 2.1) Additional load increments. each ........ .........•.....--- .. .......... $ 25.00 3. $well Test from Existing Moisture Content .• .......... ........................ $175.00 Construction Monitoring Tests 1. Optimum Lime Content .......................... ............................... $175.00 2. Laboratory COR . .................. $110.00 3. Standard Proctor (ASTM D -698) ....• ........... ............................... $115.00 4. Modified Proctor (ASTM D -1557) ................ ............................... $135.00 5. Maximum and Minimum Density ................... ............................... $120.00 6. Sample Preparation, each ...................... ..........••................. . $ 35.00 Notes: 1, Prices are for uncontaminated soils. Soil samples with hazardous or toxic materials quoted on request. 2. Moisture content and unit weight included in strength and volume change tests. 3. All tests not listed can be performed at either a quoted unit price or an an hourly basis. 4 ­ 50UTkWe4Te6kh LABORATORIES •i OCT 107 '91 11:00 SWL HOLSTON P.11, (� SOUTHWESTERN LABORATORIES Materials, environmenftl and geotechnical engineerhv, nondestructive, Metallurgical and analytical services i 222 Cavalcade St a FRO, Box B768, 1- ICust0n, 'Tbxas 77249 • 713189^P•9J 2i1 i I October 7, 1991 City of Baytown 24Q Market P.O. Box 424 Baytown, Texas 77522 -0424 Attention: Mr. Kent Lana, City Engineer Re: Proposal for Geotechnical Investigation Massey Tompkins Road Baytown, Texas SwL Proposal No. P91.241 Gentlemen: Southwestern Laboratories is pleased to present this proposal to perform the geotechnical investigation for the proposed improvements to Massey Tompkins Road. This proposal outlines our understanding of the project and presents our proposed scope of services and applicable fees. The investigation will be conducted to evaluate the subsurface stratigraphy at the site and to provide recommended soil parameters to guide design and information for utility construction. This proposal will briefly address each major phase of the investigation and present the applicable fees and limitations. Field Services We propose to evaluate the subsurface stratigraphy by: a. Drilling fifteen (15) borings, each 'to a depth of about fifteen (15) ft below the existing ground level. b. Obtaining relatively undisturbed soil samples in each boring at selected depths. It is our understanding that the site is accessible to our truck mounted drilling equipment. The test borings will be drilled with our own equipment and drill crew at the locations staked by the engineer, Cohesive soils will be sampled with thin wall sampling tubes and the sampling technique will be conducted in general accordance with ASTM D 1587. Soil sampling in granular soils will be conducted with a split spoon sampler and will proceed in HOUSTON i DALLAS * AU9MN 0 BEAUMONT • GALVESTON COUNTY • RIO GPANDe VALLEY i ALEXANDRIA SAN ANTONIO • FORT WORTH 0 MIDLAND 0 MONROE 8 SHREVEpORT 0 TF- XARKANA • DENISON • BATON ROUGE SOUTHWESTERN LABORATORIES City of Baytown SwL Proposal No. P91 -241 October 7, 1991 Page 2 general accordance with ASTM D 1586. The soil samples will be extruded from the sampler and visually classified in the field. The soil samples will then be sealed at the site in appropriate containers to minimize sample disturbance during transportation to the laboratory. The groundwater levels will be measured in the borings at the end of the working day. Laboratory latingy The geotechnical engineer will review the project requirements and will assign a laboratory testing program after first visually examining representative portions of each soil sample collected. The testing program will include tests to aid in soil classification, and to aid in determining strength and compressibility of selected soil samples. The tests will be performed by experienced laboratory technicians using calibrated equipment and will be monitored by the geotechnical engineer. Engineering Repot The engineering report will be prepared under the direct supervision of one of our registered engineers whose expertise is in the area of geotechnical engineering. The engineering report will include the Boring Logs, a Boring Location Plan, results of the laboratory testing program and the pertinent engnneeriq recommendations which will serve to guide foundation design. The recommendations will address: 1. Description of soils with attention to water bearing sand strata. 2. Comments regarding the expansive nature of the soils and recommendations to minimize their effects on the pavements. 3. Recommendations for pavement thickness and paving subgrade preparation based on a traffic count and type of traffic furnished by the City. Engineerine Consultation As an integral part of our geotechnical investigation, consulting services will be available on matters regarding the interpretation and implementation of the conclusions and recommendations contained in our report. The initiation of this service will be the responsibility of the authorizing agent and will most likely be accomplished prior to or gust after foundation drawings and specifications are completed, but certainly prior to construction. One hour of such service is included in the cost estimate. Additional time, as required, will be invoiced at the rate on the attached fee schedule. EsthnnAe- of Charges and Condiflorgs We estimate the charges for the investigation to be as follows: CCT 07 '91 11 :02 SWL HOUSTON P.13!19 SOUTHWESTERN i.AW014AToR1Eg City of Baytown SwL proposal No. P91 -241 October 7, 1991 Page 3 1. Field Investigation $2,550 2. Laboratory Testing $1,450 3. Engineering Analyses & Report $1,8 00 Total Estimated Charges $5,800 This estimate does not include the price of a dozer or swamp buggy which could be required for access if the surface soils are soft and wet. Furthermore clearin tr g ees or surveying is beyond the scope of our work. The boring locations will be staked by our drill crew by taping distances from landmarks shown on the plans provided to us and estimating angles. The estimated costs indicated above arc approximate and compensation for the investigation will be based upon the actual work and tests performed in accordance with the unit fees enclosed. We will not exceed the above total cost estimate plus 10 percent without approval. Our standard charges for geotechnical services are enclosed. If the terms of payment in Article 7 of the attached agreement are not acceptable to you, please advise prior to accepting this proposal and we will work out with you an estimated payment schedule and adjust our proposal fee accordingly. III Order to k0V our fees as reasonable as possible for the services proposed, we do not normally include any cost for delayed payments. chedul We understand that our final attainable if we receive authorization report is due on November by October 15, 1941. Field 22, 1941 which is operations begin about 7 days following authorization The to proceed, site and weather can conditions permitting. written report will be completed Verbal design approximately 3 weeks following initial field work. parameters can generally be provided following initial field work. on the order of 10 worldng days Unit Fete gnd AgMMent The enclosed unit fees will remain firm for the duration of the project if this proposal is accepted within sixty (60) days of the date of this proposal. The attached "Agreement for Geotechniral Engineering Services" presents the terms and conditions for our geotechnical investigation. Upon your approval, please sign both copies and return one copy to us for our rtes. - - - - OCT 07 191 11:03 SWL HOUSTON - - - P.14/13 1 L: i SOUTHWESTERN LABORATORIES City of Baytown SwL Proposal No. P91 -241 October 7, 1991 Page 4 We appreciate your consideration of Southwestern Laboratories for this project and look forward to working with you. Please contact us if you need any additional information or have any questions. Very truly yours, SOUTHWESTERN LABORATORIES, INC. Y.Kelly S ter, P. E. Manager Geotechnical Engineering Division 3KSIrmc Enclosures: Geotechnical Agreement Schedule of Fees — - — — — — — — — — — — — — — — —— — — —— - - P. 15!19 OCT 07 191 11 :04 SWL HOUSTON AGREEMENT FOR GEOTECHNICAI. ENGINEERING SERVICES THIS AGREEMENT is by and between City of Baytown hereinafter called CLIENT and SOUTHWESTERN LABORATORIES, INC. hereinafter called SwL, who agree as follows: L DECLARATIONS. CLIENT desires to engage SwL to provide servira5 in rrmnprtinn utrith CLIENTT'c project ( "THE PROJECT ") described as follows: Massey Tompkins Road, Baytown, Teets SwL Proposal No, P41 --241 2. SCOPE OF WORK. SwL shall provide services for THE PROJECT in accordance with the accompanying proposed "scope of services" made a part hereof as Exhibit "A ", and "terms and conditions" as set forth in the following Articles and made a part of this Agreement. 3. FEE. SwL has submitted a fee schedule to CLIENT, a copy of which is attached hereto and nude part hereof as Exhibit 'B" for such services, which fee schedule is acceptable to CLIENT. 4. CLIENT DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS ATTHE PROJECT. --- Client warrants to SwL that to the best of its knowledge the only hazardous or toxic materials which exist at THE PROJECT are as follows: Client acknowledges and confirms that SwL is relying upon the above warranty in undertaking to perform the services described in this Agreement. EXECUTED THIS day of , 19 By rv;..,, _ Title J. Ke.11.y Senter, P, E.,.Manager Geotechnical Engineering Division TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SEIINICSS: SwL will: 11 FtQvide only those servienn that, in the opinion of SWL, lie within the technical or professional areas of expertise of 5wL and which SwL is adequately staffed and equipped to perform. 1.2 Perform all technical services under the general direction of a licensed Engineer and in tubwantia l accordance with the basic requirements of the appropriate Standards of the American Society for Testing and Materials, where applicable, or other Standards designated in writing by CLIENT. 13 Consider all reports to be the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies specifically designated in writing by CLIENT or his authorized representative. 1,4 Retain samplun of soil or rock for a period of 60 days following submission of the report, unless requested otherwise, after which samples will be discarded, 1.5 Retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to CT.IEN'T at all reasonable times. ARTICLE 2, CLIENT'S RESPONSIBILITIES., CLIENT or his authorized representative will: 2.1 Provide SwL full information regarding the structure(s) to be constructed on THE PROJECT site, including location and elevation of structu s) on THE PROJECT vita, locations of existing underground utilities on THE PROJECT site, magnitudes and configuratiom of design loads, permissible settlements, planned cuts and fills, proximity to adjacent structures, and design loadings for paving away and railways, and other information for the proper performance of SwL. 2.2 Furnish right of entry on THE PROJECT site for SwL to make the necessary field studies. SwL will endeavor to minimize damage to the land but makes no guarantee to restore the site to its ari nal condition unless a separate agreement is made for such restoration, in which casts SwL shall add the cost of restoration to the ee for THE PROJECT. While performing our field work, SwL will talcs reasonable precautions to avoid damage to subterranean and &uW- queous structures, pipelines, and utilities. CLIENT agrees to hold SwL and its officars, agents, emplcayutts, and subcontractors harmless for any damages to such structures, pipelines, and utilities, and defrrnd SwL and its offiom -, agents, employees and subcontractors agair4t any claims arising as a result of such damage, which were not called to Swlr s attention or correctly shown on plants furnished. 2.3 Designate in writing those persons, organizations or agencies to be contacted In the event conditions are revealed during the execution of SwIls study that would require possible alteration of the study or would potentially influence design that is proceeding in paralled with the study. OCT 07 191 10:56 SWL HOUSTON ARTICLE 3. GENERAL CONDITIONS: 3.1 SwL, by the performtarLm of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, re gionsibi itier or authorities with regard to TkM PROJECT which, by customer contract are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 CLlIKNT agron to advise SwL, prior to beginning work, of any hazardous or tonic materials on or near the site. In the event that test samples obtained during our work contain subvtonces hazardous to health, safety, or the environment, these samples remain the property of the CLIENT. Likewise, any equipment contaminated during our Services which cannot be reawnably decontaminated shall become the property and responsibility of the CLIENT. Such @ampIva and/or equipment will be delivered to the CLIENT. CLIENT agrees to pay transportation costs for samples and equipment and the fair replacement value of contaminated equipment. For services involving or relating to hazardous materials elements of this Agreement, it is further agreed that the CLIENT shall indemnify and hold harmless SwL and their consultants, agents, and employees, and defend SwL from and against all claims, damages, losses and axpenses, direct or indirect, arising out of or resulting from the work by SwL, or claims against SwL arising from the work of others, related to hazardous or toxic materials, including when liability is sought to be imposed on any theory of strict liability by operation of law, ARTICLE 4. STANDARD OF CARE AND WARRAN'T'Y! Services performed by SwL will be conducted to a manner c mimtant with that level of care and skill ordinarily exercised by members of the professian currently practicing under similar conditions. No other warnimy, either cWressed ar impfiad, is made or Wwdeed by our pmpos4 contract, ar repMs. The CLIENT recogni©2s that conditions in the work area may differ from those at the investigated location, and that conditions may change over time. SwL will not be responsible and client agreees to hold SwL, and its consultants, agents and employees, harmless and defend them from and against any damages and claims for damages of whatsoever nature resulting from such differences. SwL will not be responsible for the interpretation or uKe by others of data developed by SwL. ARTICLE 5. INSURANCE: SwL shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Wcrkwe Conpft Ltkm Acts and frome claims for bodily injury, death or property damage as may arise from the performance of services under ith s Agreement. SwL will, upon request, file certification of such insurance coverage with CLIENT or his authorized representative. Within the limits and conditions of such insurance, SwL agrees to indemnify and save CLIENT harmless from and ag"' t any loss, damage, or liability arising from any negligent work by SwL, its agents, staff and consultants employed by it. SwL shall not be responsible and CLIERi'i' shall indemnify SwL and defend SwL from, any claim, loss, damage or liability arising from any negligent acts by CLIENT, its agents, staff, and other consultants employed by iL ARTICLE fi. 'LIMITATION Of LIABILITY For any damage or costa resulting hum error, omission, ur other professional negligence in the performance of Swl;s services, the liability of SwL to ail claimants with respect to THE PROJECT will be limited to an aggregate sum not to exceed MAO or SwUs total fee for the services rendered on THE PROJECT, whichever is greater. ARTICLE 7. INVOICES AND PAYMENT: SwL will subunit progress invoices to CLTBM monthly and a fatal invoice upon completion of services. Each invoice, on presentation, is duo and payable by CLIENT or his authorized representative. Payment is past due 34 days from invoice date. CLIENT agrees to pay interest of one and one -hail percent (]%%) per month, on past due accounts. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. A9MCLE S. EMNT OF AGREEMENT: Tha Agreement, including these term and conditions, represents the entire agreement between CLIENT' and SwL and supersedes all prior negotiations, represcntatiom or apte menu, written or oral, 71%v Agreement may be amended only by written instrument signed by CLIENT and SwL. Should any corti]icteuccur between these terms and conditions and the Agreement, it is understood that these terms and conditions shall be contsr,lling. ARTICLE 9. APPLICABLE LAW: The Agreement shall by governed by the laws of the State of Texas. January, 1990 SCHEDULE OF FEES GEOTECHNICAL ENGINEERING SERVICES HOUSTON OFFICE Ualysis, Consultation and Report Preparation. Fees for our professional services are based on the time of professional, technical and clerical personnel directly charged to the project. Engineering services include project administration; site inspection; preparation of sampling and laboratory test program; office and field engineering supervision of drilling, testing and samplings visual sample classification; analyses; detailed preparation of engineering reports; and conferences and consultation pertinent to the project. Personnel Classification Hourly Rate Principal Engineer, P.E. $85.00 Engineering Manager, P. E. $75.00 Project Manager, P. E. $66.00 Senior Engineer /Geologist $60.00 Project Engineer /Geologist $48.00 Associate Engineer /Geologist $40.00 Senior Engineering 'technician $28.00 Engineering Technician $25.00 Drafting & Clerical $25.00 Reimbursable expenses. Expenses other than salary costs that are directly attributable to performance of our professional services are billed as follows: a) for report reproduction outside of normal distri- bution, rates available on request b) for transportation in our company vehicles, $0.45 per mile c) for in -house computer use, rates established for individual systems; information furnished upon request d) for all other expenses, including but not limited to authorized travel, sample shipment, subcontracts, consulting fees, outside computer use, long distance communications, outside reproduction, and mailing expense, cost plus 15 percent UTNWKATI'RN LAMORATORIKE January, 1990 SCHEDULE OF FEES GEOTECHNICAL FIELD SERVICES HOUSTON OFFICE 1. Mobilization 1.1 Truck - mounted rig (min. $175) .................... $ 2.50 /mile 1.2 All terrain rig (min. $245) ...................... $ 3.50 /mile 2. Drilling & sampling with truck- mounted equipment to recover samples at 2 -ft intervals to 12 -ft depth and at S -it intervals thereafter 2.1 0 - 50 ft ...... ............................... $10.50 /ft 2.2 50 - 100 ft ............ ...................... $12.00 /ft 2.3 100 - 150 ft ... ............................... $15.00 /ft 3. Use of all terrain drilling equipment to gain access, add .... ............................... $ 2.75/ft 4. Grouting boreholes ..... ............................... $ 4.00/ft 5. Standby for reasons bayond our control including moving time in excess of 1/2 hour.....,..... $110.00 /hr. 6. Rental of equipment if required to gain access .................. I............................. Cost + 15% 7. Drilling and sampling with hand operated equipment, 3 -man crew .. ............................... $110.00/hr, 8. Per diem or daily travel if job site is more than 45 miles from SwL office at 222 Cavalcade ....... ............................... $60.00 /man day 601JTMWESTBRN 6A6 *FRAY6RIL5 January, 1990 SCHEDULE OF FEES LABORATORY SOIL TESTING HOUSTON OFFICE Classification and Index Tests 1. Liquid and Plastic Limtt ...... ... .................... ................ $ 35.00 2. Sieve Analysis, through the No. 200 Sieve ....... ............................... $ 40.00 3. Hydrometer teat ....... ............................. .. .............. $ 60.00 4. Percent Passing No. 200 Sieve .................................................. $ 20.00 S. Moisture Content .. .. ........... ............................... $ 4.00 i3. Moisture Content and Density of Sample .............................. ... ...... $ 12.00 7. Specific Gravity ................................ ............................... S 35.04 S. Organic Content .............................. ............................ . .. $ 20.00 Permeability Tests 1. Permeability, Falling Head (Permsameter Method) . ................ ............ ... S 75.00 2. Permeability, Constant Head Taft ............................................... $ 80.00 3. Permeability, in triaxial Chamber with back pressure .....................1 - - $190.00 Strength Tests 1. Unconfined Compression ... .. .. ........ ............................... S 26.00 2. Triaxial Shear Unconsolidated - Undrained ....... ............................... $ 37.00 3. Consolidated - Undrained Triaxial Shear Test wlPore Pressure Measurement 3.1) Per Specimen ..... ... ............ ............................... $150.00 3.2) Multiple Stage (3 points) ... ........ ... .............. $325.00 (Additional charge for Stress- Srratn Measurements quoted Based on Engineering Properties of Samples) 4. Preparation of Trimmed, Remolded or Compacted Specimens, each. .. ... .......... ........ ............... $ 35.00 S. Direct Shear Test, per specimen (3 specimens normally tested to evaluate Mohr's Envelope) 5.1) Unconsolidated - Undrained, per specimen ............................... $ 40.00 5.2) Consolidated - Undrained, per specimen .. ............................... $150.00 5.3) Consolidated - Drained, per specimen .... ............................... $150.00 5.4) Residual, per specimen .................. ............................... $300.00 6. Laboratory Wane Shear ......................... ............................... $ 25.00 Volume Change Vest 1. Consolidation Test, 7 or less loading increments (par ASTM D 2435) .... ........ ............I..........I....... $300.00 1.1) Additional load incre nts, each ........ .......... ..................... $ 30.00 2. Consolidation Test. 7 or less loading increments, without time - consolidated data ..... ............................... 5225.00 2.1) Additional load increments, each ........ ............................... S 25.00 3. Swell Test from Existing Moisture Content ..... ............................... $175.00 Construction Monitoring Tests 1. optimum Line Content .......................... ............................... $175.00 2. Laboratory C8R ....... . ..................... .......... ....... $110.00 3. Standard Proctor (ASTM 0 -698) ................ ............................... $115.00 4. Modified Proctor (ASTM D -1557) ................ ............................... $135.00 5. Maximum and Minimum Density ................... ............................... $120.00 6. Sample Preparation, each ...................... ............................... $ 35.00 Notes: 1. Prices are for uncontaminated soils. Soil samples with hazardous or toxic materials quoted on request. 2. Moisture content and unit weight included in strength and volume change tests. 3. All tests not listed can be performed at either a quoted unit price or on an hourly basis. aeuTywesTRON LAMONATARI,CS