CM-2019-0137 - 5/17/2019CITY OF ROUND ROCK AGREEMENT FOR
GEOTECHNICAL ENGINEERING SERVICES WITH
RABA KISTNER, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional consulting services related, specifically
geotechnical engineering services, to be performed for the Brushy Creek Trail Project (the
"Agreement") is made by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-
5299, (the "City") and RABA KISTNER, INC., located at 8100 Cameron Road, Suite B-150,
Austin, Texas 78754 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for geotechnical engineering
services related to the City's Brushy Creek Trail Project (the "Project") at the embankment
between East Palm Valley Boulevard and Brushy Creek, Round Rock, Texas; and
WHEREAS, City desires to contract for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
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City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 PROPOSAL FOR SERVICES
Consultant has issued its proposal for
proposal for services being attached hereto as
document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
services for the tasks delineated therein, such
Exhibit "A" titled "Scope of Work," which
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Consultant's undertaking shall be limited to performing services for City and/or
advising City concerning those matters on which Consultant has been specifically engaged.
Consultant shall perform services in accordance with this Agreement, in accordance with the
appended proposal for services, and in a professional and workmanlike manner.
4.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A," and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit "A," however, either party may make written requests for changes to the Scope of
Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied in a valid Supplemental Agreement as described in 9.01.
5.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit "A" which in payment for services and
the Scope of Services deliverables as delineated in Exhibit "A."
Not -to -Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Eleven Thousand One Hundred Twenty -Six
and 241100 Dollars ($11,126.24). This amount represents the absolute limit of City's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall
pay, strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work
done on behalf of City.
Payment for Reimbursable Expenses: There shall be no payments for reimbursable
expenses included in this Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
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Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
7.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect' on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
9.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
10.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
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Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.01 NON -SOLICITATION
All parties agree that they shall not directly or indirectly solicit for employment, employ,
or otherwise retain staff of the other during the term of this Agreement.
12.01 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request Iist, if any.
13.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(5) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement.
15.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work no in compliance
with this representation.
16.01 LIMITATION OF LIABILITY
Should any of ConsuItant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
17.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, Iiabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors. assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf,
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf, or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. Consultant acknowledges and understands that City has adopted a Storm Water
Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-
152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal
Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas
Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination
System (TPDES). The Consultant agrees to perform all operations on City -owned facilities in
compliance with the City's IIlicit Discharge Ordinance to minimize the release of pollutants into
the MS4. The Consultant agrees to comply with of the City's stormwater control measures, good
housekeeping practices and any facility specific stormwater management operating procedures
specific to a certain City facility. In addition, the Services Provider agrees to comply with any
applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan
requirements.
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel at any term of
this Agreement.
21.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
22.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Katie Baker, Park Development Manager
Parks and Recreation Department
City of Round Rock
301 W. Bagdad Avenue, Suite 250
Round Rock, TX 78664
(512) 341-3355
kbaker{u..roundrocktexas_gm
23.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Raba Kistner, Inc.
8100 Cameron Road, Suite B-159
Austin, Texas 78754
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
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AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
24.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
littp://www.roundrocktexas.L,ov/wp-content/uploads 2014,'11: carr insurance 07.201 12. df
25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
28.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
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stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
31.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
32.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to ConsuItant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
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enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
[Signatures on the following page.]
I?
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Prin ed Name:
Title:
Date Sinned:
For City, Attest:
Raba steer, Inc.
Printed Name:
Title: Sen i
Date Signed: ]
For City, Approved as to Form:
By
tepha�LSh�s. Cr Attorney
13
riel Ornelas,Jr.
'ice President
8, 2019
Exhibit "A"
[Delivery by Email: kbaker@roundrocktexas.lzov ]
Proposal No.: PAA19-053-00
April 16, 2019
City of Round Rock - Parks & Recreation
301 West Bagdad Avenue Suite 250
Round Rock, Texas 78664
Attn: Katie Baker, PLA IASIA
RE: Proposal for Geotechnical Engineering Consulting
Brushy Creek Trail - Slope Stability Concern
Embankment between E. Palm Valley Blvd and Brush Creek
Round Rock, Texas
1 RABA
Ya„psl KISTNER
Building Better Tomorrows
8100 Cameron Road
Ste. B-150
Austin, Tx 78754
www,rkci,com
P 51:.339 1705 F 512,339,6174
TBPF firm r 2757
In accordance with your request, RABA KISTNER Consultants Inc. (RKCI) is pleased to submit this proposal
for Geotechnical Engineering Services for the referenced project. The broad objectives of our study will be
to evaluate the stability of the slope embankment located downhill from the southern perimeter of the
parking lot serving the certified public account's office off of E Palm Valley Blvd. Described in this letter are:
• our understanding of currently perceived project characteristics;
0 our proposed scope for field and laboratory study;
+ our proposed scope for engineering evaluation and reporting;
• our tentative project schedule; and
our lump sum study cost.
Project DescriRtion
The scope of services being considered for this project pertain to the undetermined acceptable global
stability of an embankment located between Brushy Creek and the south perimeter of a private property
located off of E. Palm Valley Drive. The recent concerns regarding the stability of the embankment
originate from some localized slope failure triggered by vertical cuts made by construction activities in the
general vicinity associated with the construction of the Brushy Creek Trail Improvements.
We understand these slope stability failures occurred along the embankment where earthwork excavations
were being made to install a cast, in-place culvert crossing between the creek and the toe of the slope
located directly south of the private parking lot. It is understood that 8 to 20 ft vertical cuts were made
during the excavations at the toe of the embankment. During the weekend of April 6th, 2019, 3 to 6 inches
of rainfall occurred in the Round Rock areas. Over that weekend, failures of the slope were noted. This
also included many of the larger boulders and loose rocks preexisting on the slope embankment to fall to
the toe of the slope, while others still remain awkwardly on the side of the slope.
As a result of this recent localized slope failure, the private land owner, is concerned that the stability of the
parking lot present along the south property line could be comprised as a result of the localized slope
failure. It is noted that the perimeter edge of the parking lot is in line with the vertical face of the
outcropping limestone cap rock.
San Antonio - Austin - Brownsville - Dallas - Freeport - Houston - McAllen . New Braunfels . Nebraska . Utah . Mexico
Exhibit "A"
Proposal No.: PAA19-053-00
April 16, 2019
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Since the localized slope stability failure occurred, the general contractor removed the dislodged and loose
material from the toe of the slope. The embankment was then covered with wire mesh held on to the
slope with pieces of reinforcing steel bars and then covered with shotcrete.
The three main objectives of this scope of work is to:
1. Evaluate the stability of the slope and provide an opinion of whether the parking lot on the private
property is safe to park on. At this time, several of the parking spaces have been coned -off to
restrict parking.
2. Provide an opinion of whether the most recent shoring/retention system installed by the
contractor provides adequate factors of safety to allow safe working areas during the course of the
culvert installation.
3. Perform additional analysis in determining whether adequate factors of safety against slope
stability failures is present for the final geometric embankment profile upon completion of the
culvert installation.
Field Study
RKCI proposes to drill two (2) borings; one in the parking lot and the second near the toe of the slope. The
boring within the parking lot will be drilled to a depth of approximately 50 ft below the parking lot surface.
The boring drilled near the toe of the slope will be drilled to a maximum depth of 25 ft or until auger refusal
on limestone, whichever is shallower. These borings will also be used to perform global stability analyses
for determining the factors of safety of the embankment against of global stability failure.
Samples collected by the truck -mounted drill rig will be taken using conventional split -spoon, Shelby -tube
sampling or NX rock core sampling techniques. Representative portions of all samples will be sealed and
packaged for transportation to our laboratory. Borings will be located in the field utilizing a recreation
grade hand-held GPS device. Our scope of service does not include surveying in the boring locations. The
borings will be backfilled utilizing auger cuttings generated during drilling activities and bentonite.
Glossal Stability Analvses
One of the purposes of this scope of work is to evaluate the global stability of the existing embankment
profile with the temporary retention/shoring in place to calculate whether the existing embankment
structure meets or exceeds the target minimum factor of safety (typically FOS = 1.5). We anticipate on
performing an initial global stability analyses based on the critical cross section of the embankment.
Additionally, it is being assumed that others will provide the cross-sectional profile(s) for our use in
developing the model. We have requested the Client retain a licensed professional land surveyor to collect
spot elevations to depict the cross sectional profile of the embankment being considered. A minimum of 4
embankment cross sections are being requested.
It is possible that that the calculated factors of safety against global stability may not be acceptable and
therefore modifications to the retention systems and/or embankment geometry will be warranted.
Following each modification to the embankment stabilization system and geometry, RKCI will be required
RA8AI 4, f'
Exhibit "A"
Proposal No.: PAA19-053-00
April 16, 2019
to perform additional modeling. Since the number of analyses is not known, we will provide a unit cost for
each additional reiteration following the initial analyses.
Laboratory Study
Upon completion of the subsurface exploration, a testing program will be designed to define the strength
and classification characteristics of the subsurface conditions. The testing program may include moisture
content tests, Atterberg Limits (plasticity tests), grain size analyses, and unconfined compression; however,
the type and number of tests will be based on subsurface conditions encountered in the field.
Eneineerine Report
The field and laboratory phases of the study will be reviewed by our staff of engineers and geologists. The
results of our review, together with the supporting field and laboratory data, will be presented in a written,
engineering report. Included therein will be our opinions pertaining to the stability of the embankments as
well as the parking lot at the top of the embankment. The Geotechnical Engineering Report may include
the following information and recommendations, if applicable:
A summary of the field and laboratory sampling and testing program,
Boring logs and laboratory testing results;
• A review of general site conditions, the subsurface stratigraphy, groundwater conditions,
and the presence and condition of fill materials, if encountered.
• Results of the global stability analyses of the existing embankment profile in consideration
of the general contractor's shotcrete application.
Results of the global stability analyses of the final embankment profile once construction
has been completed.
The final report will be reproduced in an electronic PDF that will be delivered via email.
Tentative Proiect Schedule
As approved by Katie Baker, City of Round Rock's representative, RKCI will mobilize a truck mounted drilling
rig to complete the subsurface exploration on Tuesday, April 15, 2019. The field exploration will take 1
business day to complete, while the laboratory testing phase of the study is expected to take approximately
3 to 8 eight working days to complete. Engineering analyses and preparation of the engineering report is
expected to take an additional week to complete. We will be pleased to provide the City with our
preliminary impressions within a few days of completing the drilling.
Project Cost
The Cost Plus Not to Exceed cost for the study scope outlined herein is $11,126.24 (Refer to the
attached Cost Estimate Spread Sheet). The unit fee to perform each additional Global Stability Analysis
will be $1,268.00.
RABAT IST [4
Exhibit "A"
Proposal No.: PAA19-053-00
April 16, 2019
During our study, if we encounter conditions that require performing more testing or find that additional
testing could potentially result in enhancing our recommendations, we will contact you to educate you of
the value added potential and receive authorization before proceeding with any additional work.
Additional services will be billed on a unit basis in accordance with the negotiated rates in the contract.
If available, we request that the Client provide RKCI with a recent plat of the project site, a drawing
illustrating existing and proposed construction locations, and site grading plans prior to the start of our field
exploration services. Also, it is our understanding that the Client will provide access to all boring locations
for a conventional, truck -mounted drilling rig and that the Client will provide underground utility clearance.
RKCI will assist in locating underground utilities, provided the Client submits documentation of existing
utility locations. RKCI will take all precautions to prevent damage to property; however, RKCI cannot be
responsible for tire rutting or damage of landscaping.
The CLIENT shall be responsible for providing the location of all underground utilities and other structures
in the vicinity of our borings or excavations. RKCI will not accept responsibility and will not be liable for
affecting or damaging any underground utility or other subsurface condition not previously identified and
located, or properly located, by the CLIENT, a utility, or a utility locating company.
RKCI's standard protocol is to assist the Client in placing a request for utility line locators through the TEXAS
ONE CALL system and meet with utility line locators to provide them the location of the proposed boring
locations, if necessary. However, based on our conversation with Katie Baker, with the City of Round Rock,
she does not believe that there are any utility lines in the vicinity of the proposed boring locations. Due to
the urgent turnaround in getting this project started and the locations being situated on private property, it
is believed that a One Call would not provide underground utility location.
CLIENT may provide or direct RKCI to utilize or rely upon certain information in the performance of RKCI's
services. RKCI will not conduct an independent evaluation of the accuracy or completeness of such
information and shall not be responsible for any errors or omissions in such information.
Acceptance
We appreciate the opportunity of submitting this contract and look forward to working with you in
the development of this project, which will be carried out in accordance with this letter and the
Contract for Engineering Services for 2019 On -Call Geotechnical Engineering Services Work
Authorization, dated Supplemental Contract 2 between City or Round Rock and Raba Kistner, executed
December 18, 2017.
Please return one signed copy of this letter proposal to provide written authorization for our firm
to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O.
Box 971037, Dallas, Texas 75397-1037.
12A8AKISTNER
Exhibit "A"
Proposal No.: PAA19-053-00
April 16, 2019
RKCI considers the data and information contained in this proposal to be proprietary. This statement
of qualifications and any information contained herein shall not be disclosed and shall not be
duplicated or used in whole or in part of any purpose other than to evaluate this proposal.
Very truly yours,
RABA KISTNER CONSULTANTS, INC.
6aiLQ
Gabriel Ornelas, Jr., P.E., PMP
Senior Vice President
GO: tic
Attachments Cost Estimate Sheet
Copies Submitted: Above (1)
* Note: If signed by other than addressee,
please provide the following information.
Company Name
Company Address
Company City, State & Zip
Accepted _
By: Signature
See Note
Typed or Printed Name
Title
Date
Contact Email Address
Company Phone
Company Fax
RA B A K I STN ER
I:
Exhibit "A"
2028 City of Round Rock Fee Schedule
ESTIMATE WORKSHEETFOR: Brushy Creek Trail -Slope Stability Assessment
Motors: Geologic Formation: Buda Umestone and Alluvial
Skills SUMIty Anesmlent Geofpgtc Formation Continued.
CLIENT:
Katie Baker
Prepared by: GO One: 4/15/2019
PROPOSAL NO: PAA19-053-00
City of Round Rock 'Aharebw moo I Lag thick W
Model
20oa Enterprise Ddw licums 1 SO 5 45 5
45
Round Rock Texas 78664 Bari 1 25 25 25
0
0
0
0
0
0
0
0
v
2 7s 3a1
o Lf
FIELD OPERATIONS
Mobilization of Drill RIB. Drlil crew & Support
Augedng (soil)
AugeHng (Soft Rock)
Nx Care Drilling- (Soh Rock)
Nx Cara Drilling - (Hand Rocki
Standard Air Rotary
Field Penetrations SPT
Shelby Tubes
Grout Backfill
Orl:ler Standby
ConcmterAC Patch
OTHER DIRECT EXPENSES
Tratftc Ce ntrol - Signs, barricades (Cast • 1Ch}
A I other outtide expenses (Cost + Ml
STAKINGILOGGING/COORDINATiON
Stak ng
Logging (Geologist)
Lagging (Geotechnical Technician)
Lapping (Engineer In Training)
Logger Truck (Local)
Logger Truck (Mileage)
Field Supplies (cost + 10141
LABOAATDey TESTS
Atterberg Limits
Moisture[onunt let 5 ft intervals)
Minus 200 -mesh Sieve
Unconfined Compression (Soil)
Uneonflned Compresslon (Reck)
Sawed Ends
Hydrometer
Slew Analysis
Free Swell Test
Pressure SweitlTest
Sullate Testing
Moisture40ansity Test Only
CBR(M•Dwith I Specimen)
ENGINEERING AND REPORT
Principal Engineer
Senior Enginew/Consultant
Project Manager
Project Engineer
Engineer
Engineer In Training
Geotachnical Technician
CADD Operator
Clerical
Geologist
Environmental Scientist
Load Tachnklan
CMT Technician
Archaeologist
GIS
Form Revised by GO 12/28/2017
2018 City of Round Rork
AddhioneLGlesbal Stability IMeration
Project Manager
Project Engineer
Notes
CILIA
UMMCSICE
IM
7D miles
$4.16
5291.20
3D 11
$1716
$514.80
0 Lf
$20.80
50.00
Lf
$34.64
SL567 80
o Lf
$45.24
WOO
O 11
$22.88
SO.00
12 ea.
$23.92
$287.04
COLD
52392
50.00
0 ft
$3.64
50.00
1 hrs.
$243.36
$24336
Tea,
$6916
$09.36 Percent of
$22000
1014Markul
$0.00 rated
OrWhV Subtotal.. 25.7%
D east •
$0.00
s:) 00 aermat of
0 cost •
$0.00
SO.00 rated
OtherWrect Eapens S Subtotal: 0.0%
0 hn.
$140.40
$0.00
0 hes.
$140.40
50.00
0 hrz.
565.00
50.00
S hn.
$100.00
$80000
1 day
$59.28
559.28
0mile
$1.04
so.00 Percent of
0 ea/Iwring $0.00
$0.00 Total
lawing$"h otul., 8%
49a.
589.00
$356.00
Des,
$14,00
5112.00
Fes.
$60.50
$12L00
0 ea.
$46.50
$0.00
Too.
$55.00
$22000
8 per and $11.95
$9560
Fes.
$295.00
SO 00
F ea.
589.00
50.00
des,
$169.00
$000
0 Na.
$320.00
$o.co
004.
595.00
SOM
0 ea.
$269.00
SO.00
0 set
5855.00
50.00 Percesif of
rertingSubtotal. 8.1%
QUANTITY
UNIT PRICE
TOTAL
0 hm
5216.00
SOW
B hn.
5216.00
51.728.00
6 hts.
$189.00
$1,512.00
4 hn.
$178.00
3712.00
16 hrs.
$308.00
$1,728.00
4 hn.
5100.00
5400.00
0 hn.
$65.00
SODO
15 hn.
$86.00
$129.00
3 hn.
560.00
SI110.00
0 hrs.
$140.00
$0.00
0 hn.
5113.00
50.00
0 hrs.
565.00
50.00
0 hn.
woo
$0.00
y hn.
$119.00
WOO Percent of
0 hn.
$97.00
$0.00 Toros
Engineering Subtotal:® 57.4%
2 hn. $I89.00 5378.00
5 hes. $178.00 $890.00
Total $1,268.00
R A B A K I S T N E R
$14835 per foot
City of Round Rock
r ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Geotechnical Engineering Services Agreement with
Raba Kistner, Inc. for geotechnical services related to the Brushy Creek Trail
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2019
Dept Director: Rick Atkins, Director
Cost: $11,126.24
Indexes: 2014 General Obligation Bonds
Attachments: Agreement BW City of Round Rock & RKCI - Signed by RKCI - Emailed
5-6-2019, LAF - Geotechnical ESC w- Raba Kistner, Inc. - Brushy Creek
Trail Slope Issue (00423353xA08F8)
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0137
This Contract for geotechnical services includes observation, slope stability analysis, and soil
boring tests associated with the Brushy Creek Trail - Veterans to Rabb Project. Heavy rains
caused a slope failure on a section of this project and it was necessary to obtain a geotechnical
report to determine short-term and long-term stability.
Cost: $11,126.24
Source of Funds: 2014 General Obligation Bonds
City of Round Rock page f Printed on 8MQ/2019