21-R-49 - Authorizing expenditures wih Fugro totaling no more than $140,000 for professional engineering services for the PCI Data collection study1�- 11li €VMISIWMIIIMI
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Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter • the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 55 1, Texas Government Code, as amended.
Section 7, This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
CITY OF SCHERTZ, TEXAS
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CITY OF SCHERTZ
THE STATE OF TEXAS §
GUADALUPE COUNTY §
This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz,
Texas, (the "City ") a Texas municipality, and Fugro USA Land, Inc. ( Fugro), ( "Contractor ").
Section 1. Duration
This Agreement shall become effective upon the date of the final signature affixed hereto and shall
remain in effect until satisfactory completion of the Scope of Work unless terminated as
provided for in this Agreement.
Section 2. Scope of Work
(A) Contractor shall perform the Work as more particularly described in the Scope of Work
attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes
the "Project ".
(B) The Quality of Work provided under this Agreement shall be of the level of quality
performed by Contractors regularly rendering this type of service.
(C) The Contractor shall perform its Work for the Project in compliance with all statutory,
regulatory and contractual requirements now or hereafter in effect as may be applicable to
the rights and obligations set forth in the Agreement.
(D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City
except when defects should have been apparent to a reasonably competent Contractor or
when it has actual notice of any defects in the reports and surveys.
Section 3. Compensation
(A) The Contractor shall be paid in full upon completion of the project or in the manner set forth
in Exhibit "A" and as provided herein.
(B) Billing Period. The Contractor may submit an invoice for payment upon completion of the
described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment
Act.
(C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be
included in the scope of Work (Exhibit A) and accounted for in the total contract amount.
CITY OF SCHERTZ PAGE 1
Service Agreement
Section 4. Time of Completion
The prompt completion of the Work under the Scope of Work relates is critical to the City.
Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of
the Contractor and termination of this Agreement without any or further liability to the City other
than a prorated payment for necessary, timely, and conforming work done by Contractor prior to
the time of termination.
(A) Contract Times: Days
The Work is expected to be substantially completed within 270 calendar days after the
Notice to Proceed is given ( "Substantial Completion ")
Section 5. Insurance
Before commencing work under this Agreement, Contractor shall obtain and maintain the liability
insurance provided for below throughout the term of the Project plus an additional two years.
Contractor shall provide evidence of such insurance to the City. Such documentation shall meet
the requirements noted in Exhibit B.
Contractor shall maintain the following limits and types of insurance:
Workers Compensation Insurance: Contractor shall carry and maintain during the term of this
Agreement, workers compensation and employers liability insurance meeting the requirements of
the State of Texas on all the Contractor's employees carrying out the work involved in this
contract.
General Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, general liability insurance on a per occurrence basis with limits of liability not
less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property
Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises,
Operations, Products and Completed Operations shall be $2,000,000. This coverage shall
protect the public or any person from injury or property damages sustained by reason of the
Contractor or its employees carrying out the work involved in this Agreement. The general
aggregate shall be no less than $2,000,000.
Automobile Liability Insurance: Contractor shall carry and maintain during the term of this
Agreement, automobile liability insurance with either a combined limit of at least $1,000,000
per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for
bodily injury per person per occurrence and $1,000,000 for property damage per occurrence.
Coverage shall include all owned, hired, and non- owned motor vehicles used in the
performance of this contract by the Contractor or its employees.
CITY OF SCHERTZ PAGE 2
Service Agreement
Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the
Contractor.
Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable
insurance company licensed to do business in the State of Texas and currently rated "B +" or
better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis"
and not a "claims made" form.
Evidence of such insurance shall be attached as Exhibit "C ".
Failure of Certificate Holder to demand a certificate or other evidence of full compliance with
these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence
that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance.
Section 6. Miscellaneous Provisions
(A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this
Agreement or any Scope of Work issued pursuant to this Agreement unless specifically
approved in writing by the City, which approval shall not be unreasonably withheld.
Subcontractors shall comply with all provisions of this Agreement and the applicable Scope
of Work. The approval or acquiescence of the City in the subletting of any work shall not
relieve the Contractor of any responsibility for work done by such subcontractor.
(B) Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any
courts, administrative, or regulatory bodies in any matter affecting the performance
of this Agreement, including, without limitation, worker's compensation laws,
minimum and maximum salary and wage statutes and regulations, and licensing laws and
regulations. When required, the Contractor shall furnish the City with satisfactory proof of
compliance.
(C) Independent Contractor. Contractor acknowledges that Contractor is an
independent contractor of the City and is not an employee, agent, official or
representative of the City. Contractor shall not represent, either expressly or through
implication, that Contractor is an employee, agent, official or representative of the City.
Income taxes, self - employment taxes, social security taxes and the like are the sole
responsibility of the Contractor.
CITY OF SCHERTZ PAGE 3
Service Agreement
(D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made,
promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission,
money or other consideration to any person as an inducement to or in order to obtain the work
to be provided to the City under this Agreement. Contractor further agrees that Contractor
shall not accept any gift, bonus, commission, money, or other consideration from any person
(other than from the City pursuant to this Agreement) for any of the Work performed by
Contractor under or related to this Agreement. If any such gift, bonus, commission, money,
or other consideration is received by or offered to Contractor, Contractor shall immediately
report that fact to the City and, at the sole option of the City, the City may elect to accept the
consideration for itself or to take the value of such consideration as a credit against the
compensation otherwise owing to Contractor under or pursuant to this Agreement.
(E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable control
of such party (which circumstances may include, without limitation, pending litigation, acts
of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse
weather conditions [such as, by way of illustration and not of limitation, severe rain storms or
below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or
regulations or actions by governmental authorities), the time for such performance shall be
extended by the amount of time of such delay, but no longer than the amount of time
reasonably occasioned by the delay. The party claiming delay of performance as a result of
any of the foregoing force majeure events shall deliver written notice of the commencement
of any such delay resulting from such force majeure event not later than seven (7) days after
the claiming party becomes aware of the same, and if the claiming party fails to so notify the
other party of the occurrence of a force majeure event causing such delay and the other party
shall not otherwise be aware of such force majeure event, the claiming party shall not be
entitled to avail itself of the provisions for the extension of performance contained in this
subsection.
(F) Conflict of Terms.
Scope of work:
In the case of any conflicts between the terms of this Agreement within the Scope of Work,
this Agreement shall govern. The Scope of Work is intended to detail the technical scope of
Work, fee schedule, and contract time only and shall not dictate Agreement terms.
Other Agreements between parties:
In the case of any conflicts between the terms of this Agreement and wording contained within
any other attachment, amendment, and agreement executed between the parties in conjunction
with this Agreement, this Agreement shall govern.
(G) Non - Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code,
Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or
CITY OF SCHERTZ PAGE 4
Service Agreement
(ii) it does not boycott Israel and will not boycott Israel during the term of the contract
resulting from this solicitation. Contractor shall state any facts that make it exempt from the
boycott certification as an attachment to this agreement.
Relevant definitions from the bill:
"Company" means a for - profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority -owned subsidiary, parent company,
or affiliate of those entities or business associations that exists to make a profit.
"Boycott Israel" means refusing to deal with, terminating business activities with., or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an
Israeli - controlled territory, but does not include an action made for ordinary business
purposes.
(IH) Access to Premises. Authorized representatives of the Contractor will be allowed access to
the facilities on City premises at reasonable times to perform the obligations of the Contractor
regarding such facilities. Contractor shall adhere to all City rules, regulations, and guidelines
while on City property. It is expressly understood that the City may limit or restrict the right
of access herein granted in any manner considered necessary (e.g., national security, public
safety).
Section 7. Termination
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Contractor and City;
(2) By either party, upon the failure of the other party to fulfill its obligations as set forth
in either this Agreement or a Scope of Work issued under this Agreement;
(3) By the City, immediately upon notice in writing to the Contractor, as consequence of
the failure of Contractor to perform the Work contemplated by this Agreement in a
timely or satisfactory manner;
(4) By the City, at will and without cause upon not less than five (5) days written notice
to the Contractor.
(B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the
Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for
those Work that have been timely and adequately performed by the Contractor considering
the actual costs incurred by the Contractor in performing work to date of termination, the
value of the work that is nonetheless usable to the City, the cost to the City of employing
another Contractor to complete the work required and the time required to do so, and other
CITY OF SCHERTZ PAGE 5
Service Agreement
factors that affect the value to the City of the work performed at time of termination. In the
event of termination not the fault of the Contractor, the Contractor shall be compensated for
all basic, special, and additional Work actually performed prior to termination, together with
any reimbursable expenses then due.
Section 8. Indemnification
CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS
PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES
HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND
ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING
ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER
COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR
STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY
CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH ) OR TO PROPERTY
(BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE
WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR— EXPRESSLY INCLUDING THOSE
ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES.
Section 9. Notices
Any notice required or desired to be given from one party to the other party to this Agreement
shall be in writing and shall be given and shall be deemed to have been served and received
(whether actually received or not) if (i) delivered in person to the address set forth below; (ii)
deposited in an official depository under the regular care and custody of the United States Postal
Service located within the confines of the United States of America and sent by certified mail,
return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery. Either party may designate another address
within the confines of the continental United States of America for notice, but until written notice
of such change is actually received by the other party, the last address of such party designated for
notice shall remain such party's address for notice.
Section 10. No Assignment
Neither party shall have the right to assign that party's interest in this Agreement without the prior
written consent of the other party.
CITY OF SCHERTZ PAGE 6
Service Agreement
Section 11. Severabilitv
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the
legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not
be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,
there shall be added automatically to this Agreement a legal, valid or enforceable term or provision
as similar as possible to the term or provision declared illegal, invalid or unenforceable.
Section 12. Waiver
Either City or the Contractor shall have the right to waive any requirement contained in this
Agreement that is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Agreement
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or of a different type of breach or violation.
Section 13. Governing Law; Venue
This Agreement and all of the transactions contemplated herein shall be governed by and construed
in accordance with the laws of the State of Texas. The provisions and obligations of this
Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action
arising out of this Agreement shall be in Guadalupe County, Texas.
Section 14. Paragraph Headings; Construction
The paragraph headings contained in this Agreement are for convenience only and shall in no way
enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties
have participated in the negotiation and preparation of this Agreement and this Agreement shall
not be construed either more or less strongly against or for either party.
Section 15. Binding Effect
Except as limited herein, the terms and provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal
representatives, successors and assigns.
Section 16. Gender
Within this Agreement, words of any gender shall be held and construed to include any other
gender, and words in the singular number shall be held and construed to include the plural, unless
the context otherwise requires.
Section 17. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, and all of which shall constitute but one and the same instrument.
Section 18. Exhibits & Attachments
All exhibits and attachments to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
CITY OF SCHERTZ PAGE 7
Service Agreement
Section 19. Entire Agreement
It is understood and agreed that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises or inducements
contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated
orally.
Section 20. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any
third party to create the relationship of principal and agent or of partnership or of joint venture or
of any association whatsoever between the parties, it being expressly understood and agreed that
no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed
to create any relationship between the parties other than the relationship of independent parties
contracting with each other solely for the purpose of effecting the provisions of this Agreement.
Section 21. Right To Audit
City shall have the right to examine and audit the books and records of Contractor with regards to
the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books
and records will be maintained in accordance with generally accepted principles of accounting and
will be adequate to enable determination of: (1) the substantiation and accuracy of any payments
required to be made under this Agreement; and (2) compliance with the provisions of this
Agreement.
Section 22. Dispute Resolution
In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the
parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under
this agreement, the parties will first attempt to resolve the dispute by taking the following steps:
(1) A written notice substantially describing the nature of the dispute shall be delivered by the
dissatisfied party to the other party, which notice shall request a written response to be delivered
to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response
does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied
parry shall give notice to that effect to the other party whereupon each parry shall appoint a person
having authority over the activities of the respective parties who shall promptly meet, in person,
in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then
the parties shall each appoint a person from the highest tier of managerial responsibility within
each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute.
Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest
Questionnaire
Contractor represents that it is in compliance with the applicable filing and disclosure requirements
of Chapter 176 of the Texas Local Government Code.
Certificate of Interested Parties
Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84tb. Texas Legislature
(Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas
Ethics Commission (TEC), all contracts with private business entities requiring approval by the
Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested
Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals.
CITY OF SCHERTZ PAGE 8
Service Agreement
Contractors are required to complete and file electronically with the Texas Ethics Commission
using the online filing application.
Please visit the State of Texas Ethics Commission website,
https-//www.ethics.state.tx.us/whatsnew/elf info forml295.htm and
m for more information.
ha s : / /www, ethics. state.tx.us /tec /129 5 -Info.ht
T
IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR
OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF
EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING
REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.
[The remainder of this page is intentionally left blank.]
CITY OF SCHERTZ PAGE 9
Service Agreement
EXECUTED on this the day of
CITY:
LIM
Name: Dr. Mark Browne
Title: City Manager
CITY:
City of Schertz
Attn: Dr. Mark Brown, City Manager
1400 Schertz Parkway
Schertz, Texas 78154
CITY OF SCHERTZ
Service Agreement
ILI
CONTRACTOR:
i-A
Name: Sirous Alavi, Ph.D., P.E., PTOE
Title: Manager, Pavement Engineering
CONTRACTOR:
PAGE 10
Exhibit "A"
SCOPE OF WORK
Scope of Work
The contractor shall provide all equipment, materials, and personnel necessary
to complete the following minimum requirements. The scope of work is described in
Section B of the enclosed Fugro proposal, dated May 24, 2021.
CITY OF SCHERTZ PAGE I I
Service Agreement
Exhibit "B"
The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the
minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by
the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the
Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct,
or lack of conduct, of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies
as follows:
1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile
Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all
liability policies and must be provided on a separate endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days
written notice prior to cancellation or non - renewal of the insurance.
4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary
and non - contributory coverage regardless of the application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements
cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any
material change in the insurance coverage.
7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz.
10. Insurance must be purchased from insurers having a minimum AmBest rating of B +.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD
25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates
of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain
provisions representing and warranting all endorsements and insurance coverages according to requirements and
instructions contained herein.
13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies.
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City
of Schertz within ten (10) business days after contract award and prior to starting any work by the successful
Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same
time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified
in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements
shall be sent to:
City of Schertz
Purchasing Department
1400 Schertz Parkway
Schertz, TX 78154
CITY OF SCHERTZ
Service Agreement
emailed to: purchgsioggschertzcom
Faxed to: 210 -619 -1169
PAGE 12
CITY OF SCHERTZ PAGE 13
Service Agreement
(Instructions for completing and submitting a certificate to the City of Schutz)
Complete the certificate of insurance with the information listed below:
A) Certificate of Insurance date
B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address.
C) Insured's (Insurance Policy Holder) Information — complete name & address information
D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be
Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or
higher) or otherwise be acceptable to the City if not rated by A.M. Best)
E) NAIC # (National. Association of Insurance Commissioners, a # that is assigned by the State to all insurance
companies)
F) Insurer letter represents which insurance company provides which type of coverage from D
G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in
the box (occurrence policy preferred but claims made policy can be accepted with special approval)
H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor
Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived.
I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos
J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract
and in accordance with the contract value.
K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the
certificate of insurance form (if applicable).
L) Builder's Risk Policy — for construction projects as designated by the City of Schertz.
Professional Liability Coverage — for professional services if required by the City of Schertz.
M) Insurance Policy #'s
N) Insurance policy effective dates (always check for current dates)
O) Insurance Policy limits (See Insurance Requirements Checklist)
P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies)
must be provided separately and not in this section. The following endorsements are required by the City of Schertz.
(1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for
professional liability and workers compensation insurance; and
(2) Waiver of Subrogation
(3) Primary and Non - Contributory
(4) Cancellation Notice
Q) City of Schertz's name and address information must be listed in this section
R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of
Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based
on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code)
S) The certificate must be signed by the Authorized Agent in this section of the certificate form.
CITY OF SCHERTZ PAGE 14
Service Agreement
Exhibit "C"
CITY OF SCHERTZ PAGE 15
Service Agreement
AC"RV CERTIFICATE OF LIABILITY INSURANCE DATE {Mrrarrr �}
05124/2021
THIS ORS T CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
THIS T CHANGES THE POLICY, < PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
proo.M.Mm�
City of Schertz, Texas
I H I I E I R I F Z
COMMUNITY* SERVICE * OPPORTUNITY
FUGRO
8613 Cross Park Drive
Austin, Texas 78754
T+15129771800
May 24, 2021
Mr. John Nowak, PE
City nfSchertz
14U0SchartzParkway
Schertz Texas 78154
Dear Mr. Nowak,
Fugro USA Land, Inc. is pleased to submit this proposal to perform pavement condition survey
and pavement management services for the City of Schertz (City) as a member listed on the North
Texas SHARE Buy Board for Pavement Analysis Services (RFQ #NCT-2016-14).
Fugro\* project team hasthe experience and resources necessary to deliver projects on time and
to the quality standards expected 6mthe City ofSchertz. We have had the privilege Ofproviding
pavement engineering 8{ management services within the State of Texas, including NCTCC)G
participating agencies for over 20 years. Based on our experience with other similarly sized
projects, we have put together this proposal to provide an overview ofour related services, our
team's qualifications as well as our proposed scope of work, schedule, and fee.
Please do not hesitate hocontact me by phone at 949.536.5175 or email at if
you have questions or need additional information.
Fugro USA Land, Inc.
Sirous Alavi, Ph.D., P'E, PT{}E
Manager, Pavement Engineering & Infrastructure Management
Proposal No. l78949|pO Data Update GRIN
Page infii
_
Table of Contents
Section A: Description mfFugnoCapabilities 1
/L1: Introduction to FugnD 1
A.1.1: Pavement Management System (PK4S)Services 1
A.1.2: Training 1
A.13: Pavement and Asset Data Collection and Processing 2
Section B: Scope mfWork 8
B.1: Kick-off Meeting and Data Needs 7
B.2: RiQht-of-VVav/RDN8and Pavement Images 7
B3: Pavement Data Collection and Processing 9
BA: Pavement Management Data Reporting H
B.5: Roadway Asset Data Processing & Reporting H
Section C: Project Schedule 9
Section D: Project Fee 10
Section[: City Standard Contract 12
List of Figures
Figure 1: The Automatic Road Analyzer kARAN\ 2
Figure 2: Vision Sco3enShOt 3
Figure 3: H[} Camera View 5
Figure 4: Surveyor Software Screenshot 5
Figure 5:iVi5iOnS[reensh0t 6
Figure 6: Project Schedule 9
Proposal No. l/8949|pO Data Update 111311111793
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Section A^ Description of Fug ro Capabilities
es
A.1-. Introduction to Fugro
FugrO has over 45 years of experience with pavement and roadway asset data [OUe[tk]n. FugrO
provides services for all aspects of pavement nn3n8ggrngnt and evaluation, planning and
oversight developing maintenance and rehabilitation strategies, and optimizing network
conditions within available budgets. Our services deliver value by accurately diagnosing, and
prioritizing maintenance and rehabilitation activities.
Nearly 50% of State DOTs and numerous federal and municipal agencies rely on our automated
data collection technology for their roed«»n« asset nnaneQonnent needs, and we have
approximately a quarter of a million miles presently under contract for data collection and analysis
services. Fugoo has collected and processed more than 3,000,000 miles of pavement data
collection in North America in the past few decades. Fugro's data collection and analysis services
are described in the following subsections.
A.1.1: Pavement Management System (FIMS) Services
FuQro is experienced with e variety of pavement management software packages such as
[artex]nspb StrootSavor, AoileAssets [}eiQhton cITiK4S and PAVER' Our experience with these
software packages includes developing condition listings, condition maps, work plans, budget
optimization, and maintenance and rehabilitation alternatives for agencies.
Fugro can provide tailored pavement management solutions to clients based upon their specific
requirements. Fugro has provided pavement management services for all different sized agencies
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Data migration from legacy systems
�
Loading of Pavement Management Data
�
Pavement Management Implementation
�
Pavement Management Update
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Geographic Information System services
* Work plans, budget analysis, and network condition reporting
* Performance Modelling
* Computer Hardware and PK4S/ASSetSOftvv8re
* Presentations to City Councils
A.12 Training
FugrO'S certified prOf8SSiOn3|S have years Of experience providing clients and engineering
pr0f8SSi0n3|S with 8 variety of training and continuing education [Ou88S pertaining to pavement
design, materials, pavement management, and pavement preservation.
Proposal No. l/8949|pO Data Update
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A.1.3: Pavement and .Asset ata ectio and Processing
Fugro's Automatic Road Analyzer (ARAN), as shown in Figure 1 is the world's most reliable and
trusted fully integrated pavement surveying vehicle. Today's sixth generation ARAN technology
collects more miles per day than any other platform. Each ARAN has the ability to collect and
measure all the necessary data types in a single pass at posted speeds. Its modular design enables
us to quickly configure any ARAN vehicle in our fleet to fit the client's needs. Operators are trained
in the use of the ARAN's quality assurance systems in order to quickly identify errors that may
impact the integrity of collected data. In addition, each day, a data subset is uploaded and
examined by Fugro's project manager and data analysis department.
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Fugro's ARAN data collection vehicle offers the ability to collect the following data types
automatically and synchronously:
Roadway geometry (POS LV)
Linear reference data with the use of a Distance Measurement Instrument (DMI)
Geo- referenced data with the use of an inertial aided Global Positioning System (GPS)
Is Right of Way (ROW) and pavement digital images
M Surface distresses rated from the pavement images
Is Transverse profile and rutting
M Longitudinal profile and roughness, measured as International Roughness Index (IRI)
Roadway assets (e.g., sidewalk, signs, ramps, curbs and gutters) extracted from ROW images
Texture data, mean profile depth (MPD) from our laser -based system
LiDAR
Ground Penetrating Radar
Proposal No. 178949 1 PCI Data Update
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A.1.3.1: Positioning
The ARAN is equipped with a Distance Measuring Instrument (DMI) that measures chainage and
linear distance travelled, and a Global Positioning System (GPS). However, if satellite signal is lost,
the ARAN's Inertial Reference System (POS LV) will fill in the gaps. POS LV is a state -of- the -art
inertial aided navigation system that provides precise roll, pitch, heading, velocity, and position
information to other onboard subsystems.
A,13.2- Pavement Imaging
The pavement surface condition will be documented by the equipment as a series of high -
definition images. Planar -view digital images (JPEG format) are recorded to removable hard drives
for 100% of the width (up to 14 feet) and length of the travelled lane. The high- definition images
clearly show the types of distresses encountered along the road.
A.1.3.1 Surface Distress
Automated distress data collection will be performed in accordance with ASTM D6433 Standard
Practice for Roads and Parking lots Pavement Condition Index Surveys using Fugro's Vision
software. Vision facilitates the entire data processing workflow from the ARAN to the final
deliverable formats including key modules for Data Upload, Linear Referencing/ Segmentation,
Video Quality Analysis, Sensor Data Quality Analysis and Pavement Distress, and Report
Generation. The Report Generator wizard of Vision facilitates the creation of custom reports for
data upload to Pavement Management System (PMS) or Asset Management System (AMS)
applications. Figure 2 provides a screenshot of Fugro's Vision software.
Figure 2: Vision Screenshot
Proposal No. 178949 1 PCI Data Update
Page 3 _r 11131111793
Digital pavement images collected by the ARAN serve as input to the distress rating process.
Right -of -Way (ROW) images (forward -view) are also used to enhance distress - rating accuracy.
Each distress can be identified in terms of location, severity, exact dimensions, and other
characteristics. This level of detail can provide benefits during planning, performing maintenance,
and detailed pavement design. It is also possible to greatly expand the types of distresses
monitored for only a minor increase in effort. This detailed categorization can be used to provide
more accurate predictions of future conditions and enhance recommendations for preventative
maintenance strategies.
A,,1.3.4: Rutting
Transverse profile and rutting data are collected and measured according to client specifications.
The Laser XVP produces excellent results on all pavement surfaces. Fugro's Vision software is used
for the review and plotting of transverse profile raw data or data corrected as a result of inputs
for vehicle roll. Furthermore, the software can recalculate rut depth using the straight -edge
method and detect and measure edge drop -off from stored raw transverse profiles. Edge drop -
off can be a critical safety factor for high -speed roadways that have unpaved or soft shoulders.
Rutting will also be categorized based on severity levels and can be uploaded into the pavement
management system. Pavement rutting can either be included in the Pavement Condition Index
(PCI) Score or reported as its own index. Rut measurements will be in accordance with AASHTO R
48.
A.1.3.5: Pavement ement Rough ess Data
The ARAN's Profiler subsystem provides longitudinal profile measurements that will be collected
in both wheel paths and used to calculate International Roughness Index (IRI). The Laser SDP is a
non - contact Class 1 inertial profiler that uses lasers and accelerometers mounted over each wheel
path to determine pavement profile in real -time.
A..3.6- Digital al i3.ight -of -Way (ROW) Images
The ARAN will be equipped with 3 Sensor cameras offering a high 1920 x 1080 image resolution,
a standard angle lens (63 °), and a free - running frame rate of 60 frames per second (fps). The
additional advantage of using 3 Sensor cameras is the increased color density of images. Figure
3 provides an example of the ROW image collected by Fugro's ARAN.
Proposal No. 178949 1 PCI Data Update
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Figure 3: HID Camera View
A~1,3,7: Roadway Asset Data Collection and Processing
The calibrated, geo-referenced HD ROW images can be used in combination with our Surveyor
software (Figure 4) for asset extraction and inventory. The combination of the forward-facing ROW
images and Fugro's Surveyor software can be used for the initial assessment of asset inventories
for assets such as sidewalks, sidewalk ramps, and sign inventories. Field assessment crews will
only b8 deployed if additional condition assessment iS required, saving both time and money.
Figure 4: Surveyor Software Screenshot
Proposal No. l/8949|pO Data Update
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,A.1 -03-08m Wisi n Hosting Service
The City will receive the managed hosting services from Fugro for all of the collected roadway
data and images. This will be completely free of charge for one year for up to 5 users. iVision is
Fugro's web -based software that requires only a web browser with internet connectivity (see
Figure 5). iVision allows client staff to view ROW digital images, pavement images, and a choice
of collected pavement management and condition data over the internet. All of the client's data
can be displayed in maps, charts, and tables. With just a few clicks, iVision can present information
in the way that best suits the City's needs.
Figure 5: iVision Screenshot
• • • ' • •
Fugro will provide all the necessary resources required to perform the professional pavement
management services proposed for this project including:
Automatic and continuous measurement of pavement cracking, texture, rutting (both wheel
path ruts), digital images, and dual -wheel path roughness data according to International
Roughness Index (IRI) standards.
Calculation of PCI for each surveyed road segment.
Delivery of PCI data in a format compatible with the City's Geographic Information System
(GIS) database.
Inclusion of any newly constructed street to the City's PAVER system with GIS updates.
Pavement management data reporting including a detailed description of current network
condition results.
Asset inventory data reporting with available attributes of signs.
Proposal No. 178949 1 PCI Data Update
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Based on the GIS shapefile received from the City, there are approximately 147 centerline miles of
roadways. City's PAVER database has approximately 193 PAVER section miles. The draft RFP from
the City, dated February 20, 2020, states that the City's public street system consists of 171
centerline miles (348 lane miles). Fugro will collect pavement data along one lane for each local
and residential street and one lane in each direction for each collector and arterial street. We are
assuming that 348 test miles of pavement distress data will be collected for this project. This
assumption can be modified based on further discussions with the City.
BA.- Kick-off Meeting and Data Needs
Fugro will schedule a project kick -off meeting with City staff to confirm that all aspects of the
project align with the City's goals. We will begin by reviewing the project approach, methods, and
tasks. Any gaps that are identified in the project approach will be resolved prior to commencing
the pavement management assessment. The final deliverables of the project will then be
discussed. In addition, we will verify the format in which the final deliverables will be provided to
the City. We will provide a data dictionary to the City that describes all datasets that will be
collected and delivered to ensure that all data needs are met. The project schedule will be
reviewed to ensure that all deadlines meet the goals of the City, and Fugro will adhere to the
project schedule upon approval by the City.
Another critical topic that will be discussed during the project kick -off meeting is existing sources
of data that will be required for project completion. We understand that the City will provide us a
street centerline inventory file of all roadways (i.e., a GIS shapefile) to be included in the pavement
management assessment. This centerline file will be important for efficient data collection and
processing activities as well as for linking pavement management results back to the City's current
systems and processes.
We will also discuss our communication plan during the project kick -off meeting. It is our goal to
provide monthly updates to the City regarding the progress of the project as well as meetings
with our project manager as requested by the City. Weekly updates will be provided during data
collection to ensure the City is aware of activities on their streets. Fugro anticipates meeting with
City staff at the following milestones:
Kick -off meeting
® Vehicle Visit
Review of Work Plan
Discussion of Draft Final Report
Presentation of Final Report to City Project Team (if requested)
.2: Right-of-Way ) and Pavement
ROW and pavement images will be collected for each lane surveyed using the ARAN. ROW images
will be collected at an interval of 25 feet, and pavement images will be collected continuously
along the surveyed lane. All images will be delivered to the City electronically. Images will also
Proposal No. 178949 1 PCI Data Update
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be available to the City for one year via Fugro's Web based iVision viewing software with five (5)
user licenses. After one year, licenses can be renewed annually for additional fees. After the first
year, the fee is approximately $1,500 a year for the City's network size.
B.3: Pavement Data Collection and Processing
For each surveyed lane, Fugro will document the street name, segment ID, segment length,
pavement width, inspection date, pavement type, etc. Pavement images will be utilized to rate the
distresses observed for each road. Pavement ride quality and rutting will be collected as part of
the automated data collection using ARAN. Fugro will make reasonable effort in the field to
maximize the collection of valid PCI and IRI data. Recollection will not be performed for pavement
sections with invalidated PCI or IRI data for reasons such as ongoing construction, gated
communities, or slow travel speeds (i.e., speeds below 15 mph impacting IRI values).
B.4: Pavement Management Data Reporting
Fugro will utilize the PAVER pavement management software licensed to Fugro to calculate the
pavement condition index (PCI) for each pavement sections. PCI is calculated based on the type,
severity, and extent of surface distresses to provide a factual presentation of the overall network
condition. PCI uses a scale from 0 to 100, where 0 represents a completely failed pavement and
100 represents a pavement in perfect condition. By assigning a PCI score to each pavement
section, the City will be able to objectively compare the condition of the roads across the City's
network.
Fugro will develop a comprehensive report that summarizes all project activities and project
results including an updated PAVER database with current PCI scores. The scope of the work does
not include any additional pavement management services and rehabilitation recommendations.
B.5: Roadway Asset Data Processing & Reporting
Proposal No. 178949 1 PCI Data Update
Page 8 —P GRIN
Section C: Project Schedule
Fugro proposes the following timeline (Figure 6) to complete the pavement assessment project
for the City of Schertz.
Notice to Proceed
Kick -off Meeting
Project Setup
Data Collection
Data Processing
Pavement Analysis
Preliminary Results
Draft Report
Final Report
Figure 6: Project Schedule
Note: The data collection start date is dependent on equipment availability at the time the notice
to proceed is received. An updated schedule will be provided to the client once the data collection
is scheduled.
Proposal No. 178949 1 PCI Data Update
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The following table represents Fugro's proposed fee for this project, which includes 348 test miles
of pavement data collection. This fee is compliant with the NCTCOG North Texas SHARE contract
for pavement analysis services. The fee does not include assessment, purchase or implementation
price of a PMS software for the City.
10 Collect photos of sidewalks, ADA ramps, and /or Test Mile - - -
roadway signs inventoried under items 8, 9, 12.
Load assessment data for all Participant- maintained
pavements into a pavement management software Each
13 system required by local government Participant(s), if participant 5,000 5 348 6,740
applicable. Cost includes base cost plus lane mile unit
cost.
Proposal No. 178949 1 PCI Data Update
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Automatically and continuously measure pavement
1
cracking, texture, rutting, width, and pavement type
Test Mile
5,000
100
348
39,800
2
Collect pavement surface distress through
Test Mile
5,000
60
348
25,880
automated means
Provide a digital condition rating system to collect
user defined severity /extent based pavement
3
distresses and pertinent roadway attributes to
Lump Sum
2,000
1
2,000
accommodate a standardized approach to collecting
data
Collect dual -wheel path roughness data to
4
International Roughness Index standards
Test Mile
10
348
3,480
Roadway information that shall be collected and
provided to the Participant at a minimum includes:
street name, endpoints, segment ID, segment length,
5
pavement width, inventory date, pavement type,
Test Mile
20
348
6,960
functional class, pavement condition score, rutting,
surface distress, and pavement age.
Collect digital images at 25 -foot intervals of the road
6
surface condition and link to a geodatabase
Test Mile
10
348
3,480
(minimum forward facing imagery)
Collect roadway sign data to include type and
location and create and create shape (.shp) files for
9
Test Mile
25
348
8,700
incorporation into the Participants GIS system, if
applicable.
10 Collect photos of sidewalks, ADA ramps, and /or Test Mile - - -
roadway signs inventoried under items 8, 9, 12.
Load assessment data for all Participant- maintained
pavements into a pavement management software Each
13 system required by local government Participant(s), if participant 5,000 5 348 6,740
applicable. Cost includes base cost plus lane mile unit
cost.
Proposal No. 178949 1 PCI Data Update
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Base Unit
Item
Item
Description
Unit
Cost Cost
Quantity;
Total
Implement map module so that pavement condition
and other data can be integrated, displayed, and
accessed through the map interface in a format
Each
14
consistent with the Participant's horizontal and
Participant
5,000 5
348
6,740
vertical control network system, if applicable. Cost
includes base cost plus lane mile unit cost.
Provide to the Participant the pavement condition
data in a pavement management system database
approved by Participant. Coordinate with the
Participant's IT department to provide pavement
Each
15
condition data in a format compatible with the
Participant
5,000 5
348
6,740
Participant's Environmental Systems Research
Institute (ESRI) GIS database, if applicable. Cost
includes base cost plus lane mile unit cost.
Calculate a Pavement Condition Index (PCI) score for
each road segment using an approved pavement
16
management system and in accordance with ASTM
Test Mile
kJ 15
348
5,220
D6433. Provide results compatible with the
Participant's GIS database, if applicable
Calculate the International Roughness Index for each
17
road segment in accordance with ASTM E1926.
Test Mile
5
348
1,740
Provide results compatible with the Participant's GIS
database, if applicable
Grand
Total
117,480
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