R-01-11-08-14C1 - 11/8/2001RESOLUTION NO. R- 01- 11- 08 -14C1
WHEREAS, the City of Round Rock desires to retain engineering
services for construction materials testing for the City Wide Trail
System - Phase I, and
WHEREAS, Trinity Engineering /Kleinfelder has submitted a
Professional Services Agreement to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Trinity Engineering /Kleinfelder, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf
of the City a Professional Services Agreement with Trinity
Engineering /Kleinfelder, for construction materials testing for the City
Wide Trail System - Phase I, a copy of said agreement being attached hereto
as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 8th day of Novemb x.01.
/�jrITEST: ,/'� v City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
t OOMA \WOALDOX \Oo \WDOX RESOLVCI \R11108C1.HPO /,C
ROB' A. STLUKA, ' , Mayor
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ( "Agreement ") is entered into between City of Round Rock - Parks and Recreation
Department ( "Client ") and Trinity Engineering/Kleinfelder ( "Consultant "):
Trinity Engineering/Kleinfelder
3601 Manor Road
Austin, Texas 78723
512- 926 -6650
Client engages Consultant to provide professional services ( "Services ") in connection with the following project ( "Project "):
Construction Materials Testing: Old Settler's Park Trails; Round Rock, Texas
SCOPE OF SERVICES. Consultant shall perform the following Services:
Construction Materials Testing as described in the Consultant's Letter Proposal Number 61YPM447, dated October 23, 2001.
Client agrees that services not specifically described above are not included in the Scope of Services provided by Consultant.
Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued
by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide
or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be
relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports,
information, recommendations, or opinions to any other persons or entities without Consultant's prior written consent.
COMPENSATION. Client shall compensate Consultant as follows:
The estimated cost of this work is $11,058.00. This estimate is based on information available to us and represents our best
estimate of the required number of tests. Additions or deletions to this workscope will be adjusted based on the established
unit prices shown. This total estimate will not be exceeded without prior approval of the client.
The rates charged for services rendered under this contract are applicable through the completion of this assignment or as
otherwise agreed to by terms of our work scope proposal agreement.
GENERAL CONDITIONS AND ADDENDA. Note: The General Conditions attached hereto to this Professional Services
Agreement contain Limitations of Liability provisions and other important provisions affecting the legal rights and
obligations of the parties. Client and Consultant have each read, understand and agree to the General Conditions and any
Addenda attached to this Agreement, and agree that the General Conditions and Addenda are incorporated into this
Agreement by reference.
Neither Client nor Consultant shall assign its interest in this Agreement without the prior written consent of the other.
This Agreement is entered into at and is made effective.
Client:
Date Signed:
61YPM447 61511'222
Copyright 2001 Kleinfelder, Inc.
City of Round Rock - Parks and
Recreation Department
Signature
Print Name
Title
City of Round Rock - Parks and Recreation Department
605 E. Palm Valley Boulevard
Round Rock, Texas 78664
Consultant: Trinity Engineering/Kleinfelder
Ken Holcomb, SET
Area Manager
EXHIBIT D.: igned: 10 - 29 - 01
Print Name
Title
Page 1 of 3
GENERAL CONDITIONS (PROFESSIONAL SERVICES)
I. Client shall pay invoices upon receipt. Invoices not paid within thirty (30) days of the invoice date shall be subject to a
late payment charge of 1 -1/2 percent per month (or the maximum rate allowable by law, whichever is less). Invoice
amounts shall be presumed to be correct unless Client notifies Consultant in writing within fourteen (14) days of receipt.
Client agrees to pay all costs incurred with collection of past due accounts, including attorneys' fees. If Client fails to pay
an invoice when due, Consultant may, upon five (5) calendar days notice to client, suspend all Services until paid in full,
and may terminate the Agreement.
2. The Client agrees that any and all limitations of the Consultant's liability and indemnifications by the Client to the
Consultant shall include and extend to those individuals and entities the Consultant retains for performance of the services
under this Agreement, including but not limited to the Consultant's officers, partners and employees and their heirs and
assigns, as well as the Consultant's subconsultants and their officers, employees, heirs and assigns.
3. Consultant shall perform the services in a manner consistent with the standard of care and skill ordinarily exercised by
members of the profession practicing in the same or similar locality under similar circumstances at the time the services
are performed. This Agreement creates no warranty or guarantee, express or implied, nor does it create a fiduciary
responsibility to Client by Consultant.
4. Consultant's construction observation Services, if any, shall be limited to observation of construction operations to provide
Client with an understanding of the general nature, progress and quality of the work. Unless otherwise agreed in writing,
Consultant shall not be responsible for continuous or exhaustive inspection of the work. In no event shall Consultant be
responsible for the means and methods of construction or for the safety procedures employed by Client's contractor.
Client shall hold its contractor solely responsible for the quality and completion of the Project, including but not limited to
its construction in accordance with the construction documents.
5. Consultant shall sign certifications only if Consultant approves the form of such certification prior to the commencement
of Services, such certification is included in Consultants scope of services, and provided such certification is limited to a
statement of professional opinion and does not constitute a warranty or guarantee, express or implied.
6. Client shall notify Consultant at least twenty -four (24) hours in advance of any necessary tests and observations. If Client
assigns this responsibility to a contractor, subcontractor, or other third party, or if Client fails to provide the proper notice,
Consultant shall not be responsible for any damages resulting from improper notice.
7. All samples shall remain the property of the Client, and Client shall promptly at its cost remove and lawfully dispose of
samples, cuttings and hazardous materials, unless otherwise agreed in writing. If appropriate, Consultant shall preserve
samples obtained for the Project for not longer than thirty (30) days after the issuance of any document that includes the
data obtained from those samples.
8. Client shall bear sole responsibility for notifying all prospective purchasers or other appropriate third parties including, but
not limited to, all appropriate municipal, regional, state or federal agencies of the existence of any hazardous or dangerous
materials located in or around the Project site.
9. Client shall provide Consultant with all information regarding existing conditions, including the existence of hazardous or
dangerous materials, and proposed uses of the Project site and shall correctly designate the location of all property lines of
the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines and utilities
within the Project site. Client shall immediately provide Consultant with any new information, including any change in
plans. Client releases Consultant from liability for any incorrect advice, judgment or decision based on any inaccurate
information fumished by Client or others. If reasonable precautions will be inadequate to prevent foreseeable bodily
injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site by
Consultant, Consultant shall, upon recognizing the condition, immediately stop work in the affected area and report the
condition to Client.
10. Consultant's reports, boring logs, maps, field data, drawings, test results and other work product are part of Consultant's
professional services, and do not constitute goods or products. Consultant reserves the right to copyright such work;
however, such copyright is not intended to limit the Client's use of the Services pursuant to this Agreement in connection
with the Project.
11. Because data stored on electronic media can deteriorate undetected or be modified without Consultant's knowledge, the
Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after
an acceptance period of 30 days after delivery of the electronic files.
12. Client shall cooperate with all reasonable requests by Consultant that are related to the performance of the Services,
including but not limited to obtaining permission, at Client's sole cost, to allow Consultant access to the Project site.
13. Consultant's potential liability to Client and others is grossly disproportionate to Consultant's fee due to the size, scope,
and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an
increase in Consultant's fee, Client agrees to (1) limit Consultant's liability to the greater of $50,000.00 or the amount of
Consultant's fee, and (2) indemnify Consultant against all claims, liability, damages, or expenses (except for Consultant's
sole negligence or willful misconduct) arising out of or relating to all acts, failures to act, or other conduct of Consultant,
including but not limited to, claims, liability, damages, or expenses arising out of or relating to the active negligence or
other fault of Consultant. Client shall indemnify Consultant even if Client is partially or wholly without fault for such
claims, liability, damages, or expenses even if liability is claimed to have arisen while Consultant was performing work
outside the scope of services set forth on page 1.
14. All disputes between Consultant and Client, with the exception of non - payment issues, shall first be subject to non - binding
mediation. Either party may demand mediation by serving a written nonce stating the essential nature of the dispute and
demanding that the mediation proceed within sixty (60) days of service of notice. The mediation shall be administered by
the American Arbitration Association or by such other person or organization as the parties may agree upon. No action or
suit may be commenced unless (1) the mediation does not occur within ninety (90) days after service of notice, (2) the
mediation occurs within ninety (90) days after service of notice but does not resolve the dispute, or (3) a statute of
limitation would elapse if suit was not filed prior to ninety (90) days after service of notice.
61 YPM44716151P222 Page 2 of 3
Copyright 2001 Kleinfelder, Inc.
15. If Client insures property, real or personal, or both, at or adjacent to the Project by property insurance, whether during or
after the completion of the construction of the Project, Client agrees to waive all subrogation claims against Consultant for
damages caused by fire or other causes of loss to the extent covered by such property insurance.
16. Client waives all claims against Consultant for all claims, liabilities, losses, and expenses arising out of or relating to
Client's failure to perform, in whole or in part, any of its obligations under this Agreement and any subsequent
agreements.
17. Client shall be responsible forjobsite safety.
18. If during the course of performance of this Agreement conditions or circumstances are discovered which were not
contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client in writing of the
newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and
conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice,
Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination.
19. Client shall furnish to Consultant within fifteen (15) days after receipt of a written request information necessary and
relevant for the Consultant to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on which the Project is Located, the name of the Project lender,
and the Client and/or Owner's interest therein.
20. Except for actions such as for enforcement of mechanic's liens which are required by statute to be brought in a specific
venue, in the event that litigation is instituted under the terms of this Agreement, the same is to be brought and tried in the
judicial jurisdiction of the court of the county in which this Agreement is made. Client waives the right to have the suit
brought, or tried in, or removed to, any other county or judicial jurisdiction.
21. This Agreement, including Consultant's Addenda and Schedule of Fees, represents the entire Agreement and
understanding between the parties, and supercedes any and all agreements, either oral or in writing including any purchase
order, between the parties. Any modification to this Agreement will be effective only if it is in wnting signed by the party
to be bound. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of
any other term, condition or covenant.
22. The laws of the State of Texas shall govem interpretation of this Agreement. If any term of this Agreement is deemed
unenforceable, the remainder of the Agreement shall stay in full force and effect. If services of an attorney are required by
any party to secure performance under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees
and costs.
61YPM4471.6151P222 Page 3 of 3
Copyright 2001 Kleinfelder, Inc.
TETCO
October 23, 2001
Mr. J. Wade Tomlinson
City of Round Rock
Parks and Recreation Department
605 E. Palm Valley Boulevard
Round Rock, Texas 78664
Reference: Construction Materials Testing
Old Settler's Park Trails
Dear Mr. Tomlinson:
At your request, we have conducted a review of the plans and specifications for your upcoming
project. We are very pleased to provide our proposal for your consideration.
I have included an Attachment A, which generally describes the services that we expect to
provide, and an Attachment B, which is our Fee Schedule /Cost Estimate. If this information is
satisfactory, please sign and return both copies of our Professional Services Agreement. We will
then sign and return one copy of the agreement for your files.
I would recommend that we discuss the specifics of testing requirements and scheduling with the
contractor prior to our providing services to the project. This communication could take place at
a preconstruction meeting or progress meeting as appropriate.
We appreciate this opportunity to participate in the construction phase of this project. Please call
us with any questions or comments you might have.
Sincerely,
TRINITY ENGINEERING/KLEINFELDER
701
Joel Peters, EIT
Graduate Engineer
Attachments
6IYPM44716I51P222
Copyright 2001 Kleinfelder, Inc.
TRINITY ENGINEERING /KLEINFELDER
An employee owed company
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (512) 926.3312 fax
ATTACHMENT A
SCOPE OF SERVICES
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
General: Trinity Engineering/Kleinfelder (TE/K) will provide the testing services including the
services described below for the above project. We agree to provide technical services to the project
including sampling and testing of construction materials, field observations, and inspections. TE/K
management will endeavor to assist the client in determining the specific scope of work needed as the
project progresses. TE/K personnel will provide only those services specifically authorized by the
client or his designated representative. The following is our understanding of the scope of work for
this project:
1. Compaction testing of soil fills and base courses
a. Sample subgrade soils, fill materials, and base courses and deliver to TE/K
laboratory for reference tests as listed below:
- Atterberg Limits
-Sieve Analysis
- Moisture Density Curve
b. Conduct field moisture and density tests using a nuclear density device
c. Prepare reports of tests
2. Observation of Foundation Piers
a. Perform visual inspection of pier excavations and load- bearing soils prior
to placement of concrete
b. Prepare report of observations
3. Concrete strength and consistency tests
a. Sample concrete and test for the following:
-Slump
- Temperature
b. Sample concrete and prepare test cylinders
c. Cure test cylinders and conduct compressive strength tests
d. Observe placement of reinforcing steel
e. Prepare report of tests and observations
4. Structural Steel
a. Perform random bolting /welding inspections during erection (if required)
b. Prepare reports of inspections
61YPM44716151P222 Page 1 of 2
Copynght 2001 Klemfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926-6650 • (512) 926 -3312 fax
ATTACHMENT A
SCOPE OF SERVICES
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
5. Hot Mix Asphaltic Concrete
a. Deliver samples to TE/K for tests as listed below
- Extractions and Gradations
-HVEEM Stability/Lab Density
-Max Theoretical Density (Rice Method)
b. Core HMAC and perform Density /Specific Gravity of cores
c. Prepare reports of tests
6. Engineering Time
a. Provide management services, consulting services, and attend project
meetings.
61YPM44716I51P222 Page 2 of 2
Copyright 2001 Kleinfelder, Inc.
3601 Manor Road • Ausun, Texas 78723 • (512) 926 -6650 • (512) 926 -3312 fan
Service
ATTACHMENT B
PROPOSED FEE SCHEDULE/ESTIMATE
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
SOILS TESTING
Moisture Density Curve - subgrade 3 ea. $ 200.00 $ 600.00
Moisture Density Curve - select fill 1 ea. $ 200.00 $ 200.00
Atterberg Limits 4 ea. $ 60.00 $ 240.00
Sieve Analysis 4 ea. $ 60.00 $ 240.00
Soil Services (min. 2 hours) 60 hrs. $ 38.00 $ 2,280.00
Nuclear Density Tests (3 min. per trip) 90 ea. $ 20.00 $ 1,800.00
Vehicle Charge 30 trip(s) $ 20.00 $ 600.00
Subtotal: $ 5,960.00
DRILLED PIER OBSERVATION
Foundation/Excavation Observation (min. 2 hours) 12 hrs. $ 38.00 $ 456.00
Vehicle Charge
2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 496.00
CONCRETE TESTING
Drilled Piers, Walls, Slabs
Compressive Strength Cylinders (w /slump) 30 ea. $ 16.00 $ 480.00
Rebar Placement Observation (min. 2 hours) 10 hrs. $ 38.00 $ 380.00
Concrete Services (min. 2 hours) 20 hrs. $ 38.00 $ 760.00
Vehicle Charge 10 trip(s) $ 20.00 $ 200.00
Subtotal: $ 1,820.00
STRUCTURAL STEEL
Steel Services (min. 2 hours) 8 hrs. $ 50.00 $ 400.00
Vehicle Charge
2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 440.00
6IYPM44716151P222
Copyright 2001 Kleinfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (512) 926 -3312 fax
Estimated
Quantity Unit Price Total Amount
Page 1 of 2
Service
HOT MIX ASPHALTIC CONCRETE
Extraction and Gradation
HVEEM Stability/Lab Density
Maximum Theoretical Density (Rice method)
Density, Core Method, w/ Sp.Gravity (min. 3)
Tech. Time for Sampling (min. 2 hrs. each trip)
Vehicle Charge
ENGINEERING SUPERVISION
Senior Staff Engineer, P.E. (as needed)
ATTACHMENT B
PROPOSED FEE SCHEDULE/ESTIMATE
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
Estimated
Quantity Unit Price Total Amount
2 ea. $ 200.00 ea. $ 400.00
2 ea. $ 100.00 ea. $ 200.00
2 ea. $ 50.00 ea. $ 100.00
6 ea. $ 75.00 ea. $ 450.00
4 hrs. $ 38.00 ea. $ 152.00
2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 1,342.00
10 hrs. $ 100.00 $ 1,000.00
• Subtotal: $ 1,000.00
Total Estimate: $ 11,058.00
As itemized above, the estimated cost of this work is $11,058. This estimate is based on information
available to us and represents our best estimate of the time required and number of tests. Additions or deletions to
this workscope will be adjusted based on the established unit prices shown. This total estimate will not be
exceeded without prior approval of the client. Minimum charge for hourly services is 2 hours.
61YPM44716151P222
Copyright 2001 Klemfelder, Inc. Page 2 al 2
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (51 21 926-3312 fax
DATE: November 2, 2001
SUBJECT: City Council Meeting — November 8, 2001
ITEM: * 14.C.1. Consider a resolution authorizing the Mayor to execute a
Professional Services Agreement with Trinity
Engineering/Kleinfelder for construction materials testing for the
City Wide Trail System - Phase I. The fee for the construction testing
services is $11,058.00.
Resource: Sharon Prete, Parks and Recreation Director
Wade Tomlinson
History: This testing service request will be for Phase I of the regional trail system. The 3.2-
mile trail construction is currently under contract with Camp Excavation.
Funding:
Cost: $11,058.00
Source of funds: CORR Certificates of Obligation and Williamson County
contributions.
Outside Resources: Trinity Engineering/Kleinfelder.
Impact: The impact of the testing service will insure the quality and uniformity of the
constructed items.
Benefit: The testing service will be for the trail system being built the Phase I constriction.
The testing services are needed to insure quality and uniformity of constructed
Public Comment: N/A
Sponsor: PARD
ORIGINAL
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ( "Agreement ") is entered into between City of Round Rock - Parks and Recreation
Department ( "Client ") and Trinity Engineering/Kleinfelder ( "Consultant "):
Trinity Engineering/Kleinfelder
3601 Manor Road
Austin, Texas 78723 -
512- 926 -6650
Client engages Consultant to provide professional services ( "Services ") in connection with the following project ( "Project "):
SCOPE OF SERVICES. Consultant shall perform the following Services:
Construction Materials Testing as described in the Consultant's Letter Proposal Number 61YPM447, dated October 23, 2001.
Client agrees that services not specifically described above are not included in the Scope of Services provided by Consultant.
Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued
by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide
or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be
relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports,
information, recommendations, or opinions to any other persons or entities without Consultant's prior written consent.
COMPENSATION. Client shall compensate Consultant as follows:
The estimated cost of this work is $11,058.00. This estimate is based on information available to us and represents our best
estimate of the required number of tests. Additions or deletions to this workscope will be adjusted based on the established
unit prices shown. This total estimate will not be exceeded without prior approval of the client.
The rates charged for services rendered under this contract are applicable through the completion of this assignment or as
otherwise agreed to by terms of our work scope proposal agreement.
GENERAL CONDITIONS AND ADDENDA. Note: The General Conditions attached hereto to this Professional Services
Agreement contain Limitations of Liability provisions and other important provisions affecting the legal rights and
obligations of the parties. Client and Consultant have each read, understand and agree to the General Conditions and any
Addenda attached to this Agreement, and agree that the General Conditions and Addenda are incorporated into this
Agreement by reference.
Neither Client nor Consultant shall assign its interest in this Agreement without the prior written consent of the other.
This Agreement is entered into at and is made effective.
Cli
Signdture" ` r Signature
> Po66i27"
Print Name
m /yoiQr
61YPM447 6151P222
Copyright 2001 Kleinfelder, Inc.
Construction Materials Testing: Old Settler's Park Trails; Round Rock, Texas
City of Round Rock - Parks and
Recreatio ]Department
Title
Date Signed: MOvGrris , $ J
City of Round Rock - Parks and Recreation Department
605 E. Palm Valley Boulevard
Round Rock, Texas 78664
Consultant Trinity Engineering/Kleinfelder
Ken Holcomb, SET
Area Manager
Print Name
Title
Date Signed: 10 -29 -01
Page 1 of 3
GENERAL CONDITIONS (PROFESSIONAL SERVICES)
1. Client shall pay invoices upon receipt. Invoices not paid within thirty (30) days of the invoice date shall be subject to a
late payment charge of 1 -1/2 percent per month (or the maximum rate allowable by law, whichever is less). Invoice
amounts shall be presumed to be correct unless Client notifies Consultant in writing within fourteen (14) days of receipt.
Client agrees to pay all costs incurred with collection of past due accounts, including attorneys' fees. If Client fails to pay
an invoice when due, Consultant may, upon five (5) calendar days notice to client, suspend all Services until paid in full,
and may terminate the Agreement.
2. The Client agrees that any and all limitations of the Consultant's liability and indemnifications by the Client to the
Consultant shall include and extend to those individuals and entities the Consultant retains for performance of the services
under this Agreement, including but not limited to the Consultant's officers, partners and employees and their heirs and
assigns, as well as the Consultant's subconsultants and their officers, employees, heirs and assigns.
3. Consultant shall perform the services in a manner consistent with the standard of care and skill ordinarily exercised by
members of the profession practicing in the same or similar locality under similar circumstances at the time the services
are performed. This Agreement creates no warranty or guarantee, express or implied, nor does it create a fiduciary
responsibility to Client by Consultant.
4. Consultant's construction observation Services, if any, shall be limited to observation of construction operations to provide
Client with an understanding of the general nature, progress and quality of the work. Unless otherwise agreed in writing,
Consultant shall not be responsible for continuous or exhaustive inspection of the work. In no event shall Consultant be
responsible for the means and methods of construction or for the safety procedures employed by Client's contractor.
Client shall hold its contractor solely responsible for the quality and completion of the Project, including but not limited to
its construction in accordance with the construction documents.
5. Consultant shall sign certifications only if Consultant approves the form of such certification prior to the commencement
of Services, such certification is included in Consultants scope of services, and provided such certification is limited to a
statement of professional opinion and does not constitute a warranty or guarantee, express or implied.
6. Client shall notify Consultant at least twenty -four (24) hours in advance of any necessary tests and observations. If Client
assigns this responsibility to a contractor, subcontractor, or other third party, or if Client fails to provide the proper notice,
Consultant shall not be responsible for any damages resulting from improper notice.
7. All samples shall remain the property of the Client, and Client shall promptly at its cost remove and lawfully dispose of
samples, cuttings and hazardous materials, unless otherwise agreed in writing. If appropriate, Consultant shall preserve
samples obtained for the Project for not longer than thirty (30) days after the issuance of any document that includes the
data obtained from those samples.
8. Client shall bear sole responsibility for notifying all prospective purchasers or other appropriate third parties including, but
not limited to, all appropriate municipal, regional, state or federal agencies of the existence of any hazardous or dangerous
materials located in or around the Project site.
9. Client shall provide Consultant with all information regarding existing conditions, including the existence of hazardous or
dangerous materials, and proposed uses of the Project site and shall correctly designate the location of all property lines of
the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines and utilities
within the Project site. Client shall immediately rovide Consultant with any new information, including any change in
plans. Client releases Consultant from liability or any incorrect advice, judgment or decision based on any inaccurate
information furnished by Client or others. If precautions will be inadequate to prevent foreseeable bodily
injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site by
Consultant, Consultant shall, upon recognizing the condition, immediately stop work in the affected area and report the
condition to Client.
10. Consultant's reports, boring logs, maps, field data, drawings, test results and other work product are part of Consultant's
professional services, and do not constitute goods or products. Consultant reserves the right to copyright such work;
however, such copyright is not intended to limit the Client's use of the Services pursuant to this Agreement in connection
with the Project.
11. Because data stored on electronic media can deteriorate undetected or be modified without Consultant's knowledge, the
Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after
an acceptance period of 30 days after delivery of the electronic files.
12. Client shall cooperate with all reasonable requests by Consultant that are related to the performance of the Services,
including but not limited to obtaining permission, at Client's sole cost, to allow Consultant access to the Project site.
13. Consultant's otential liability to Client and others is grossly disproportionate to Consultant's fee due to the size, scope,
and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an
increase in Consultant's fee, Client agrees to (1) limit Consultant's liability to the greater of $50,000.00 or the amount of
Consultant's fee, and (2) indemnify Consultant against all claims, liability, damages, or expenses (except for Consultant's
sole negligence or willful misconduct) arising out of or relating to all acts, failures to act, or other conduct of Consultant,
including but not limited to, claims, liability, damages, or expenses arising out of or relating to the active negligence or
other fault of Consultant. Client shall indemnify Consultant even if Client is partially or wholly without fault for such
claims, liability, damages, or expenses even if liability is claimed to have arisen while Consultant was performing work
outside the scope of services set forth on page 1.
14. All disputes between Consultant and Client, with the exception of non - payment issues, shall first be subject to non - binding
mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute and
demanding that the mediation proceed within sixty (60) days of service of notice. The mediation shall be administered by
the American Arbitration Association or by such other person or organization as the parties may agree upon. No action or
suit may be commenced unless (1) the mediation does not occur within ninety (90) days after service of notice, (2) the
mediation occurs within ninety (90) days after service of notice but does not resolve the dispute, or (3) a statute of
limitation would elapse if suit was not filed prior to ninety (90) days after service of notice.
61YPM447 \6151P222 Page 2 of 3
Copyright 2001 Kleinfelder, Inc.
15. If Client insures property, real or personal, or both, at or adjacent to the Project by property insurance, whether during or
after the completion of the construction of the Project, Client agrees to waive all subrogation claims against Consultant for
damages caused by fire or other causes of loss to the extent covered by such property insurance.
16. Client waives all claims against Consultant for all claims, liabilities, losses, and expenses arising out of or relating to
Client's failure to perform, in whole or in part, any of its obligations under this Agreement and any subsequent
agreements.
17. Client shall be responsible for jobsite safety.
18. If during the course of performance of this Agreement conditions or circumstances are discovered which were not
contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client in writing of the
newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and
conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice,
Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination.
19. Client shall furnish to Consultant within fifteen (15) days after receipt of a written request information necessary and
relevant for the Consultant to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on which the Project is located, the name of the Project lender,
and the Client and/or Owner's interest therein.
20. Except for actions such as for enforcement of mechanic's liens which are required by statute to be brought in a specific
venue, in the event that litigation is instituted under the terms of this Agreement, the same is to be brought and tried in the
b judicial jurisdiction of the court of the county in which this Agreement is made. Client waives the right to have the suit
rought, or tried in, or removed to, any other county or judicial jurisdiction.
21. This Agreement, including Consultant's Addenda and Schedule of Fees, represents the entire Agreement and
understanding between the parties, and supercedes any and all agreements, either oral or in writing, including any purchase
order, between the parties. Any modification to this Agreement will be effective only if it is in writing signed by the party
to be bound. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of
any other term, condition or covenant.
22. The laws of the State of Texas shall govern interpretation of this Agreement. If any term of this Agreement is deemed
unenforceable, the remainder of the Agreement shall stay in full force and effect. If services of an attorney are required by
any party to secure performance under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees
and costs.
61 YPM447\6151P222 Page 3 of 3
Copyright 2001 Kleinfelder, Inc.
ATTACHMENT A
SCOPE OF SERVICES
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
General: Trinity Engineering /Kleinfelder (TE /K) will provide the testing services including the
services described below for the above project. We agree to provide technical services to the project
including sampling and testing of construction materials, field observations, and inspections. TE/K
management will endeavor to assist the client in determining the specific scope of work needed as the
project progresses. TE/K personnel will provide only those services specifically authorized by the
client or his designated representative. The following is our understanding of the scope of work for
this project:
1. Compaction testing of soil fills and base courses
a. Sample subgrade soils, fill materials, and base courses and deliver to TE/K
laboratory for reference tests as listed below:
- Atterberg Limits
-Sieve Analysis
- Moisture Density Curve
b. Conduct field moisture and density tests using a nuclear density device
c. Prepare reports of tests
2. Observation of Foundation Piers
a. Perform visual inspection of pier excavations and load - bearing soils prior
to placement of concrete
b. Prepare report of observations
3. Concrete strength and consistency tests
a. Sample concrete and test for the following:
-Slump
- Temperature
b. Sample concrete and prepare test cylinders
c. Cure test cylinders and conduct compressive strength tests
d. Observe placement of reinforcing steel
e. Prepare report of tests and observations
4. Structural Steel
a. Perform random bolting/welding inspections during erection (if required)
b. Prepare reports of inspections
61YPM44716151P222 Page 1 of2
Copyright 2001 Kleinfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926.6650 • (512) 926.3312 fax
ATTACHMENT A
SCOPE OF SERVICES
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
5. Hot Mix Asphaltic Concrete
a. Deliver samples to TE /K for tests as listed below
- Extractions and Gradations
-HVEEM Stability/Lab Density
-Max Theoretical Density (Rice Method)
b. Core HMAC and perform Density /Specific Gravity of cores
c. Prepare reports of tests
6. Engineering Time
a. Provide management services, consulting services, and attend project
meetings.
61Y1'M44716151P222 Page 2 of 2
Copyright 2001 Kleinfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (512) 926 -3312 fax
Service
ATTACHMENT B
PROPOSED FEE SCHEDULE/ESTIMATE
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
Estimated
Quantity Unit Price Total Amount
SOILS TESTING
Moisture Density Curve - subgrade 3 ea. $ 200.00 $ 600.00
Moisture Density Curve - select fill 1 ea. $ 200.00 $ 200.00
Atterberg Limits 4 ea. $ 60.00 $ 240.00
Sieve Analysis 4 ea. $ 60.00 $ 240.00
Soil Services (min. 2 hours) 60 hrs. $ 38.00 $ 2,280.00
Nuclear Density Tests (3 min. per trip) 90 ea. $ 20.00 $ 1,800.00
Vehicle Charge 30 trip(s) $ 20.00 $ 600.00
Subtotal: $ 5,960.00
DRILLED PIER OBSERVATION
Foundation/Excavation Observation (min. 2 hours) 12 hrs. $ 38.00 $ 456.00
Vehicle Charge 2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 496.00
CONCRETE TESTING
Drilled Piers, Walls, Slabs
Compressive Strength Cylinders (w /slump) 30 ea. $ 16.00 $ 480.00
Rebar Placement Observation (min. 2 hours) 10 hrs. $ 38.00 $ 380.00
Concrete Services (min. 2 hours) 20 hrs. $ 38.00 $ 760.00
Vehicle Charge 10 trip(s) $ 20.00 $ 200.00
Subtotal: $ 1,820.00
STRUCTURAL STEEL
Steel Services (min. 2 hours) 8 hrs. $ 50.00 $ 400.00
Vehicle Charge 2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 440.00
61YPM447 \6I51P222
Copyright 2001 land-elder, Inc
3601 Manor Road • Austin, Texas 78723 • (512) 926 - 6650 • (512) 926.3312 fax
Page 1 of 2
Service
ATTACHMENT B
PROPOSED FEE SCHEDULE/ESTIMATE
City of Round Rock
Parks and Recreation Department
Old Settler's Park Trails
October 23, 2001
Estimated
Quantity Unit Price Total Amount
HOT MIX ASPHALTIC CONCRETE
Extraction and Gradation 2 ea. $ 200.00 ea. $ 400.00
HVEEM Stability/Lab Density 2 ea. $ 100.00 ea. $ 200.00
Maximum Theoretical Density (Rice method) 2 ea. $ 50.00 ea. $ 100.00
Density, Core Method, w/ Sp.Gravity (min. 3) 6 ea. $ 75.00 ea. $ 450.00
Tech. Time for Sampling (min. 2 hrs. each trip) 4 hrs. $ 38.00 ea. $ 152.00
Vehicle Charge 2 trip(s) $ 20.00 $ 40.00
Subtotal: $ 1,342.00
ENGINEERING SUPERVISION
Senior Staff Engineer, P.E. (as needed)
As itemized above, the estimated cost of this work is $11,058. This estimate is based on information
available to us and represents our best estimate of the time required and number of tests. Additions or deletions to
this workscope will be adjusted based on the established unit prices shown. This total estimate will not be
exceeded without prior approval of the client. Minimum charge for hourly services is 2 hours.
61YPM447\6151P222
Copyrigh12001 Kleinfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (512) 926 -3312 fax
10 hrs. $ 100.00 $ 1,000.00
• Subtotal: $ 1,000.00
Total Estimate: $ 11,058.00
Page 2 012
TETC
October 23, 2001
TRINITY ENGINEERING /KLEINFELDER
An employee owned company
Mr. J. Wade Tomlinson
City of Round Rock
Parks and Recreation Department
605 E. Palm Valley Boulevard
Round Rock, Texas 78664
Reference: Construction Materials Testing
•
Old Settler's Park Trails
Dear Mr. Tomlinson:
At your request, we have conducted a review of the plans and specifications for your upcoming
project. We are very pleased to provide our proposal for your consideration.
I have included an Attachment A, which generally describes the services that we expect to
provide, and an Attachment B, which is our Fee Schedule /Cost Estimate. If this information is
satisfactory, please sign and return both copies of our Professional Services Agreement. We will
then sign and return one copy of the agreement for your files.
I would recommend that we discuss the specifics of testing requirements and scheduling with the
contractor prior to our providing services to the project. This communication could take place at
a preconstruction meeting or progress meeting as appropriate.
We appreciate this opportunity to participate in the construction phase of this project. Please call
us with any questions or comments you might have.
Sincerely,
TRINITY ENGINEERING/KLEINFELDER
// / lifer
Joel Peters, EIT
Graduate Engineer
Attachments
61YPM447 \6151P222
Copyright 2001 Klcinfelder, Inc.
3601 Manor Road • Austin, Texas 78723 • (512) 926 -6650 • (512) 926-3312 fax
Mayor
Robert A. Stluka, Jr.
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Earl Palmer
Isabel Callahan
Cary Coe
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
February 14, 2002
Mr. Ken Holcomb
Trinity Engineering /Kleinfelder
3601 Manor Road
Austin, TX 78723
Dear Mr. Holcomb:
221 East Main Street
Round Rock, Texas 78664
512 - 218 -5400
After reviewing our files, we found that your organization may not
have received the following documents. The Round Rock City Council
approved Resolution No. R- 01- 11- 08 -14C1, at their regularly
scheduled meeting on November 8, 2001. This resolution approves
agreement for services for construction materials testing for City Wide
Trail System — Phase 1.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact
Sharon Prete at 218 -5540.
Christine R. Martinez
City Secretary
Enclosure
Fax 512 -218 -7097
1- 800 - 735 -2989 TDD 1- 800 - 735 -2988 Voice
www.ci round -rock tx.us