Res 100-82 6/1/1982RESOLUTION NO. /0-1;2/
A RESOLUTION APPROVING AND
AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH
NFS/NATIONAL SOIL SERVICES, INC.
FOR PROVISION OF A SOIL AND
FOUNDATION INVESTIGATION FOR
THE CENTRAL SERVICES COMPLEX
WHEREAS, a soil and foundation investigation is necessary to develop
design information for construction of a Central Services Complex; and
WHEREAS, a variety of firms were requested to present proposals to the
City of Wichita Falls; and
WHEREAS, the proposal presented by NFS/National Soil Services, Inc. has
been determined to best meet the needs and interests of the City of Wichita Falls;
and
WHEREAS, funds are available for this purpose in the existing bond
program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a contract, a copy of which is
attached hereto, with NFS/National Soil Services, Inc. for provision of a soil and
foundation investigation for the Central Services Complex for an amount not to
exceed $9,000.00.
PASSED AND APPROVED THIS THE /day 1982.
A Y O R
ATTEST:
Ogr
Zi-)4_sr*
TY CLERK
STATE OF TEXAS X
COUNTY OF WICHITA
PROFESSIONAL SERVICES CONTRACT
SOIL AND FOUNDATION INVESTIGATION
CENTRAL SERVICES COMPLEX
THIS AGREEMENT, entered into on this the day of
1982 by and between NFS/National Soil Services, Inc., herein called "Contractor"
and the City of Wichita Falls, herein called "City",
WITNESSETH THAT:
WHEREAS, the City desires to engage the Contractor to render certain
professional services hereafter described in connection with an undertaking which is
expected to be financed by the City and in part by a grant from the United States
Government, Urban Mass Transit Administration.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Employment of Contractor. The City hereby agrees to engage the
Contractor and the Contractor hereby agrees to perform in cooperation with the City.
2. Scope of Services. The Contractor shall do, perform and carry out in a
satisfactory manner, determined by the City, the contracted services in accordance
with the Scope ,of Services, Central Services Soil and Foundation Investigation,
City of Wichita Falls, Texas, which is attached hereto as Exhibit One (1) and
incorporated fully by reference.
3. Personnel.
a) The Contractor represents that he has, or will have, secured at
his own expense, all qualified personnel required to perform the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the City.
b) All of the services required hereunder will be performed by the
Contractor or under its supervision, and all personnel engaged in the work shall
be fully qualified and shall be authorized under State and Local laws to perform
such services.
c) None of the work or services covered by this Contract shall be
subcontracted without the prior written approval of the City.
4. Time of Performance. The services of the Contractor are to commence
no later than June 10, 1982. All of the services required hereunder shall be
completed by July 15, 1982. Since time is of the essence, failure of the Contractor
to meet this schedule for reasons which are under the control of the Contractor will
result in a 10% reduction of the compensation due to the Contractor.
5. Compensation. The City agrees to pay the Contractor a sum not to exceed
9,000.00 for the services provided herein.
6. Method of Payment. Payment will be made to the Contractor within
thirty (30) days of receipt of an invoice submitted after all services provided
herein have been satisfactorily completed. Invoice provided by Contractor will
provide a listing of actual work performed and the unit prices associated with each
element of the work.
7. Termination of Contract for Cause. If, through any cause except for
fault of City, the Contractor shall fail to fulfill in timely and proper manner his
obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this Contract, the City shall thereupon have
the right to terminate this Contract by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination. The Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work com-
pleted prior to such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the Contract
by the Contractor, and the City may withhold any payments to the Contractor for the
purposes of setoff until such time as the exact amount of damages due the
City from the Contractor is determined.
8. Termination for Convenience of City or Contractor. If either party to
this agreement should desire to terminate it prior to the date of expiration, they
may do so by giving fifteen (15) days notice in writing to the other party of their
intention to terminate this agreement; otherwise, this agreement shall continue in
full force and effect until the expiration of the term set out above.
9. Termination of Contract for Cause by the Contractor. If work is
stopped for a period of fifteen (15) days by the City, or as a result of an act of
government, such as a declaration of a national emergency, through no act or fault
of the Contractor, then the Contractor may, upon seven (7) additional days' written
notice to the City terminate the Contract and recover from the City payment for all
work executed.
10. Changes Required by City. The City may, from time to time, require
changes in the scope of services of the Contractor to be performed hereunder. Such
changes including any increase or decrease in the amount of the Contractor's
compensation, deviations in project schedule, and/or work scope which are mutually
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agreed upon by and between the City and the Contractor shall be incorporated in
written amendments to this Contract.
11. Changes Requested by the Contractor. Should the Contractor encounter
unforeseen subsurface conditions which require a necessary change in the scope of
services, Contractor must notify City in writing of these recommended changes.
Additional work will not be performed without first obtaining the written approval
of the City for any additional costs. Such changes, including any increase in the
amount of the Contractor's compensation, deviations in project schedule, and/or
scope of services which are mutually agreed upon by and between the City and the
Contractor shall be incorporated in written amendments to this Contract.
12. Equal Employment Opportunity.
a) The Contractor will not discriminate against any employee or applicant
for employment because of age, race, color, religion, sex or national origin.
The Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment, without regard to their
age, race, color, religion, sex or national origin. Such actions shall include,
but not be limited to the following: employment, upgrading, demotions, or
transfers, recruitment or recruitment advertising; layoffs or terminations,
rates of pay or other forms of compensation; selection for training including
apprenticeship; and participation in recreational and educational activities.
The Contractor agrees to post in conspicuous places available to employees and
applicants for employment, notices to be provided setting forth the provisions
of this non-discrimination clause. The Contractor will in all solicitations or
advertisements for employees placed by or on behalf of the Contractor, state that
all qualified applicants will receive consideration for employment without
regard to age, race, color, religion, sex or national origin. The Contractor will
cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Contract so that such provisions will be binding upon such
subcontractors provided that the foregoing provisions shall not apply to Contracts
or subcontracts for standard commercial supplies or raw materials.
b) The Contractor shall keep such records and submit such reports
concerning the racial and ethnic origin _of applicants and employees as the City
may require.
c) The Contractor agrees to comply with such rules, regulations, or
guidelines as the Department of Transportation, Urban Mass Transit Administration
UMTA) may issue to implement this project.
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13. Interest of Members of City and Others. No officer, member, or
employee of the City and no members of its governing body who exercise any functions
or responsibilities in the review or approval of the undertaking or carrying out of
this Project, shall participate in any decisions relating to this Contract which
affects his personal interest or the interest of any corporation, partnership, or
association in which he is, directly or indirectly, interested or has any personal
or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof.
14. Assignability. The Contractor shall not assign any interest in this
Contract, and shall not transfer any interest in the same (whether by assignment or
notation), without the prior written consent of the City thereto: Provided, however,
that claims for money due or to become due to the Contractor from the City under
this Contract may be assigned to a bank, trust company, or other financial insti-
tution without such approval. Notice of any such assignment or transfer shall be
furnished promptly to the City.
15. Interest of Contractor. The Contractor covenants that he presently has
no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be
performed in this Contract. The Contractor further covenants that in the performance
of this Contract no person having any such interest shall be employed.
16. Audits and Inspections. At any time during normal business hours as often
as the City, UMTA, the Controller General of the United States, or any of their
duly authorized representatives may deem necessary, there shall be made available to
the City or the above mentioned federal representatives any books, documents, papers,
and records of the Contractor which are directly pertinent to this Contract for the
purpose of making audit, examination, exerpts and transcriptions. It is understood
that the Contractor's accounting system is based upon the requirements of the
Federal Procurement Regulation and Cost Accounting Standards.
17. Contract Work Hours and Safety Standards. Should Contractor employ
mechanics or laborers, Contractor shall comply with Section 103 and 107 of the .
Contract Work Hours and Safety Standard Act (40 USC 327-330) as supplemented by
Department of Labor regulations (29 CFR, Part 5) insofar as these provisions apply
to the work carried out under this Contract.
18. Hold Harmless Provision. The Contractor does hereby covenant and agree
to indemnify and save harmless the City, its Mayor and Aldermen, appointed boards and
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commissions, officers and employees individually and collectively from all fines,
suits, claims, demands, actions or liability of any kind and nature by reason of
any and all of his operations hereunder and does hereby agree to and does assume
all the risks in the operation of his business hereunder, and shall be solely
responsible and answerable for any and all accidents or injuries to persons or
property arising out of the performance of this Contract.
19. Responsibilities of City. City shall provide access throughout the site
for Contractor's single-drive axle truck mounted equipment. City shall provide
boring locations.
20. City Contact. All contacts between Contractor and City shall be coordi-
nated through Edward A. Barrett, Director of Administrative Services.
IN WITNESS WHEREOF, the City and the Contractor have executed this agreement
as of the date first above written.
Stuart A. Bach, City Manager
NFS/National Soil Services, Inc.
ATTEST: ATTEST:
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EXHIBIT ONE
SCOPE OF SERVICES
CENTRAL SERVICES SOIL AND FOUNDATION INVESTIGATION
CITY OF WICHITA FALLS, TEXAS
The City of Wichita Falls is in the process of constructing a Central Services
Complex which will include a two story office building, garage, tire/lube
building, paving, and several minor structures. Maximum column loadings are
estimated to be 50 and 35 kips for dead and live loads, respectively. Separate
heavy truck traffic areas and employee parking lots will be included on the site.
The City desires that a soil and foundation investigation be conducted in order
to consider shallow and deep foundations which will provide the most feasible
and cost effective alternative support of structural loadings. Substantial fill
exists on-site and must be evaluated for consistency and integrity. Along with
foundation information, pavement design information must be developed for heavy
truck traffic areas and parking lots.
The following undisturbed sample borings must be undertaken:
A. Central Garage, two story office building
Fifteen (15) borings of the following specified depths:
Depth (in feet)
4 40 ft
2 35 ft
7 30 ft
2 25 ft
B. Tire/Lube Facility
Two (2) borings of 25 feet.
C. Ancillary Structures and Paving
Three (3) total borings of 5 feet, 10 feet, and 15 feet
respectively
Laboratory testing must be performed on samples obtained to evaluate engineering
characteristics. These tests should determine soil classification, settlement
properties, compressive strength, and swelling potential. This must be accompanied
by an engineering analysis of field and laboratory information to develop recommen-
dations for foundation design and construction and pavement design requirements.
All findings and recommendations must be submitted in final report form.
The City of Wichita Falls will provide selected firm with access to the site, a
site plan showing location and depths of required borings, and, if necessary, with
field-marked test boring locations should this be determined to be required.
The engineering analyses and recommendations will include:
1. General subsurface conditions including the depth to rock, if any;
2. Foundation type, depth, and allowable loading;
3. General construction requirements for fills;
4. Stabilization requirements for subgrade materials, if needed;
5. Alternate pavement types and thicknesses;
6. Evaluation of ground water conditions and its effect on construction;
and
7. Any other geotechnical design requirements revealed by these studies.
COST ESTIMATE
SOIL AND FOUNDATION INVESTIGATION
CENTRAL SERVICES COMPLEX
WICHITA FALLS, TEXAS
A. EXPLORATION
Schedule I
Mobilization and Demobilization Lump Sum 600.00
Daily Access, Per Diem, Subsistence,
Transportation and Personnel
2.1 Daily Transportation
2. 1.4 Personnel Subsistence Est. 10 mandays @ $35.00/day 350.00
Drilling and Sampling Vertical Boreholes
3.1 Soil Sampling Shelby tube
samples in cohesive soils,
standard split-spoon samples
in cohesionless soils:
3. 1. 1 Intermittent 3-inch diameter:
3. 1.1. 1 0-50 ft. Est. 470 ft. @ 7.75/1.f. 3,642.50
3. 1.2 Continuous 3-inch diameter:
3. 1.2. 1 0-50 ft. Est. 100 ft. @ 12.50/1.f.1,250.00
Sub-total 5,842.50
B. LABORATORY INVESTIGATION
Schedule II
Soils and Base Materials
1. 1 Laboratory Tests
Identification and Classification Tests
1.1.1 Liquid and Plastic Limits:
1. 1.1. 1 Soil Est. 10 @ 27.75 277.50
1. 1.2 Liquid and Plastic Limits with Additive
1. 1.2.1 Soil Est. 3 @ 35.00 105.00
Physical Tests
1.1.16 Moisture Content Est. 30 @ 3.00 90.00
1.1.24 Unconfined Compression Maximum Stress:
1.1.24. 1 Soil Est. 5 @ 18.75 93.75
1.1.28 Consolidation Est. 1 @125.00 125.00
1.1.30 Swell or Potential Volume Change
Est. 2 @ 65.00 130.00
Sub-total 821.25
C. ANALYSES AND REPORT
Schedule III
Design and Field Inspection
1.2 Senior Project Engineer Est. 3 hrs. @ 65.00/hr. 195.00
1.4 Senior Geotechnical Engineer Est. 20 hrs. @_47.50/hr. 950.00
1.11 Senior Draftsman Est. 6 hrs. @ 23.00/hr. 138.00
1.14 Typist, per hour Est. 10 hrs. @ 15.75/hr. 157.50
1.19 Report Preparation
1. 19. 1 In-house • Est. 3 cps. @ 30.00/copy 90.00
Sub-total 1,530.50
Estimated Total 8,194.25
Contingency (10%+) 805.75
NOT TO EXCEED TOTAL 9,000.00