R-03-07-24-11G3 - 7/24/2003RESOLUTION NO. R- 03- 07- 24 -11G3
WHEREAS, the City has a need for construction materials
inspection and testing services for the Parks and Recreation Department
service yardsite, and
WHEREAS,Professional Services Industries, Inc. has submitted an
Agreement for Consulting Services for Construction Materials Inspection
and Testing Services for the PARD Yardsite, and
WHEREAS, the City Council desires to enter into said agreement
with Professional Services Industries, Inc., 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 an Agreement for Consulting Services for
Construction Materials Inspection and Testing Services for the PARD
Yardsite with Professional Services Industries, Inc., 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 24th day of July, 200
ATTES
e&
NY
City
CHRISTINE R. MARTINEZ, City Secret
OPROesktop \:: ODMA /WORLDOX /O: /W00% /RSGOLVPI /R3U,24G3.WP17/9c
LiS yor
Round Rock, Texas
Agreement for Consulting Services for
Construction Materials Inspection and
Testing Services for the PARD Yardsite
with Professional Service Industries, Inc.
AGREEMENT made as of the ( ) day of the month of in the year Two
Thousand Three.
(I words, indicate day, month aid year.)
BETWEEN the City of Round Rock, Texas, identified herein as "City":
(Nome, address and other irfornwtion.)
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and Consultant, identified herein as "PSI':
(Name, address and otherinfornmtion.)
Professional Service Industries, Inc.
8868 Research Boulevard, Suite 102
Austin, Texas 78758
For the following Project
(Include detailed description of Project)
Consulting services including providing construction materials inspection and testing, such services to include laboratory
testing services, field testing services, and engineering services, all on the site of the proposed new yardsite for the City of
Round Rock Parks & Recreation Department (PARR) at 300 South Burnet Street, Round Rock, Texas.
City and Consultant agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition far the following items by inserting the requested informafion or a statement such as not applicable, ' "unknown at time of
execution" or "to be determined later by mutual agreement '1
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(identify or describe ifappropriate, proposed use or goals.)
Objectives include, but are not limited to, obtaining consulting services from PSI including providing construction
materials inspection and testing on the site of the proposed new yardsite for the City of Round Rock Parks & Recreation
Department (PARD) at 300 South Burnet Street, Round Rock, Texas.
1.1.2.2 The physical parameters are:
(Identify or describe, ifappropriate, size, location, dimensions, or other pertinent information, such as geoterhaical reports about the site.)
The site of the proposed new yardsite for the City of Round Rock Parks & Recreation Department (PARD) at 300 South
Burnet Street, Round Rock, Texas.
1.1.23 City's Program is:
(Identify docamentalion or stale the manner in which the program will be developed.)
Q *xxOR11.0 s
b
9
EXHIBIT
I le
L12.4 The legal parameters are:
(Identi& pertinent legal information, including, ifappropriate, land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for PSI's consulting services shall be as follows:
Service
Rate Quantity Total
Moisture density relationship, each 165.00 3 495.00
Atterberg limits determination, each 50.00 3 150.00
Sieve analysis, each 60.00 1 60.00
Soil testing, per hour 35.00 50 1750.00
Nuclear density equipment, per day 30.00 20 600.00
Reinforcing inspection, per hour 35.00 18 630.00
Field concrete testing, per hour 30.00 50 1500.00
Concrete compression samples, each 12.00 100 1200.00
Structural steel inspection 50.00 12 600.00
Trip charges, each 25.00 40 1000.00
Report preparation and review, per hour 70.00 15 1050.00
TOTAL 59035.00
The `Reinforcing inspection" item above may be reduced or eliminated if the Project Structural Engineer performs pre-
pour inspections.
Hourly rates are portal to portal from PSI's offices, 8868 Research Boulevard, Suite 102, Austin, Texas, with a minimum
of two (2) hours per callout.
Services directed by City to be performed outside the hours of 7:00 am to 5:00 pm or over eight (8) hours per day on
weekdays and anytime on weekends or official federal holidays maybe billed at an overtime rate of 1.5 times the rates
listed herein.
A 550.00 charge may be applied to each site visit scheduled less than six (6) hours in advance.
Laboratory testing (other than concrete compression testing) requiring overtime, weekend or holiday work may be
invoiced at applicable test rates plus Engineering Technician and/or Senior Engineering Technician overtime charges.
A transportation charge of 50.45 per mile will apply for all fieldwork, with a minimum of 520.00 per trip.
1.1.2.6 The time parameters are:
(Iden*, ifappropriate, milestone dates, durations orfasl track scheduling.)
One hundred eighty (180) days from Consultant's receipt of City's written Notice to Proceed.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Consulting services herein are engaged by this negotiated Agreement.
1.1.2.8 Other parameters are:
(Ideut(yspecial characteristics or needs of the Propel such as energy, environmental or historic preservation requirements J
Unknown at this time.
2
1.1.3 PROJECT TEAM
1.13.1 City's Designated Representative is:
(List name, address and other information.)
Larry Madsen, Liaison Construction Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512- 218 -5552
Facsimile: 512- 218 -5563
larrvmaround- rock.tx.us
1.13.2 The persons or entity, in addition to City's Designated Representative, who is required to review Konzen's
submittals to City are:
(List name, address and other information.)
James R. Nuse, P.E.
City Manager
221 East Main Street
Round Rock Texas 78664
1.133 City's other consultants and contractors are:
(List discipline and, ifbwwn, identify them byname and address.)
Unknown at this time.
1.13.4 Consultant's Designated Representative is:
(List name, address and other information)
Randy Harvey, CWI
Department Manager, Construction Services
8868 Research Boulevard, Suite 102
Austin, Texas 78758
1.135 The consultants retained at Consultant's expense are:
(List discipline and, ifbmwn, identify them by name and address)
Unknown at this time.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by City Council resolution.
ARTICLE 1.2 RESPONSIBHLITIES OF THE PARTIES
1.2.1 City and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner
regarding requirements for and limitations on the Project. City shall furnish to Consultant, within fifteen (15) days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, City's other costs, and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with
respect to the Project. City or City's Designated Representative shall render decisions in a timely manner pertaining to
documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of
Consultant's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests,
inspections and reports required by law.
1.2.2.5 City shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies.
1.2.3 CONSULTANT'S RESPONSIBILITIES
1.23.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.23.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and
the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of
services which initially shall be consistent with the time periods established in this Agreement and which may be
adjusted, if necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of
time required for City's review, and for approval of submissions by authorities having jurisdiction over the Project. Time
limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant or
City.
1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized
to act with respect to the Project
11.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by City,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent
Consultant from establishing a claim or defense in an adjudicatory proceeding.
1.235 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment
with respect to this Project.
1.23.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the
Project to requirements imposed by governmental authorities having jurisdiction over the Project
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 13 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
13.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
City of all elements of the Project designed or specified by Consultant.
13.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
4
13.2 INSTRUMENTS 01? SERVICE
1.3.21 Drawings, reports, specifications and other documents, including those in electronic form, prepared by
Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this
Agreement, completed or partially completed, shall be the property of City to be used as City desires, without restriction
on future use; by execution of this Agreement and in confirmation of the fee for services to be paid wider this
Agreement, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976
(or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights
aclmowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained
by Consultant
13.2.2 Upon execution of this Agreement, Consultant grants to City permission to reproduce Consultant's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is
adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce
and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing, using and maintaining the Project.
13.23 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any
unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant
1.33 CHANGE IN SERVICES
133.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto
that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement
hereto. Any such Supplemental Agreement to this contract must be duly authorized by City Council resolution.
1.3.4 MEDIATION
13.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may
proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation
13.4.2 City and Consultant shall endeavor to resolve claims, disputes and other matters in question between them by
mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60)
days from the date of fling, unless stayed for a longer period by agreement of the parties or court order.
13.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another Location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof
1.3.5 ARBITRATION
1.3.5.1 City and Consultant hereby expressly agree that no claims or disputes between City and Consultant arising out
of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 -14) or any applicable state arbitration
statute, except that in the event that City is subject to an arbitration proceeding related to the Project, Consultant
consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by City for complete
relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Consultant and City waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due
to either party's termination in accordance with Section 13.8.
13.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,
Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when Consultant's services are substantially completed.
1.3.73 To the extent damages are covered by property insurance during construction, City and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between City and Contractor.
13.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either City or Consultant.
13.73 If City requests Consultant to execute certificates, the proposed language of such certificates shall be submitted
to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
13.7.6 City and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the
other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. Neither City nor Consultant n shall assign this Agreement without the written consent
of the other, except that City may assign this Agreement to an institutional lender providing financing for the Project In
such event, the lender shall assume City's rights and obligations under this Agreement Consultant shall execute all
consents reasonably required to facilitate such assignment.
13.7.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of
Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus
and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal
services contracted for herein.
13.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed
hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,
Excise, and Use Tax Act
13.7.9 Consultant covenants and represents that he 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 for the Project.
13.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete
the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this
Agreement.
13.7.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any
obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control.
However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts
undertaken to mitigate its effects.
6
1.3.8 TERMINATION OR SUSPENSION
13.8.1 If City fails to make payments to Consultant in substantial compliance with this Agreement, such failure may
be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.
If Consultant elects to suspend services, prior to suspension of services, Consultant shall give fifteen (15) days' written
notice to City. In the event of a suspension of services, Consultant shall have no liability to City for delay or damage
caused City because of such suspension of services. Before resuming services, Consultant shall be paid all non-
disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the
convenience of City, upon fifteen (15) days' written notice to Consult ant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice
City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the
property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized
form without restriction on future use. Should City subsequently contract with another person for continuation of
services on the Project, Consultant shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement City
shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall
this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default,
including the right to bring legal action for damages or to force specific performance of this Agreement
13.9 PAYMENTS TO CONSULTANT
13.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has
been adjudged to be liable.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement maybe amended only by written instrument signed by both City and Consultant.
1.4.1.1 Other documents as follows:
(List other documents, zany. forming part of the Agreement.)
Exhibit "A" entitled "Consultant's Scope of Services.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
15.1 For Consultant's services as described herein, compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein.
1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted.
Such adjustment shall be calculated in an equitable manner.
(Intm basir of compensation, including rates and multiples of Dimes Personnel Expense for Principals and employees, and identify' Principals raid
classify employee., if required. Identify ,pecl(ic services to which particular methods of compensation apply)
7
1.5.3 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time
period required under the Texas Prompt Payment Act, whichever is later. Non - disputed amounts unpaid sixty (60) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of Consultant.
(Insert rate of agreed upon.)
One and one - half percent (t 'A %) per month
(Usury laws and requirements under the Federal Truth in lending 404 similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of IN provision. Specfc legal
advice should be obtained with respect to deletions or modifications, and also reganiing requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and hold City, its officers, agents
and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this
Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its
officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both
Consultant and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law
and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit
of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Consultant, at his sole cost, shall purchase and maintain during the term and entire duration of this
Agreement minimum insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence
including like coverage for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts
and omissions of subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non- owned, and hired vehicles with minimum limits for Bodily Injury
of $100,000 for each person and S300,000 for each occurrence, and Property Damage minimum limits of $50,000 for
each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same
minimum limits.
1.7.2 Insurance Requirements.
(1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in
Texas and otherwise acceptable to City.
(2) Consultant shall not commence work at any site under this Agreement until he has obtained all required
insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to
commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall
not relieve or decrease the liability of Consultant hereunder.
1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by
endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any
material change in coverage, a notice thereof shall be given to City by certified mail to:
8
James IL Nuse, P.E.
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation,
non- renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums
or assessments for any deductibles which all are at the sole responsibility and risk of Consultant
(3) The terms "City" or "City of Round Rock' shall include all authorities, Boards, Commissions,
Departments, and officers of City and the individual members, employees and agents thereof in their official capacities,
and/or while acting on behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to
any such future coverage, or to City's Self- Insured Retentions of whatever nature.
1.7.3 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall
be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with
City.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name
by its Mayor, duly authorized to execute the same in its behalf by Resolution No. approved by the
City Council on and by the duly authorized representative of Professional Service Industries, Inc.,
with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full
performance of the terms and provisions of this Agreement.
OWNER: CONSULTANT:
CITY OF ROUND ROCK, TEXAS PROFESSIONAL SERVICE INDUSTRIES, INC.
By.
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
0
aervrce
R ate
Qty.
Total
Moisture density relationship, each
$165.00
3
$495.000
$150.000
Atterberg limits determination, each
$50.00
3
Sieve analysis, each
$60.00
1
$60.00
Soil testing, per hour
$35.00
50
$1750.00
Nuclear density equipment, per day
$30.00
20
$630.00
Reinforcing inspection, per hour
$35.00
18
$630,00
Field concrete testing, per hour
$30.00
50
$1500.00
Concrete compression samples, each
$12.00
100
$1200.00
Structural Steel Inspection
$50.00
12
$600.00
Trip ages, each
$25.00
40
$1000.00
Report preparation and review, per hour
$70.00
15
_
$1050.00
Total
$9035.000
The following is our estimate of the projected cost for our services for the referenced
project. The reinforcing inspection services could be reduced or eliminated if the Project
Structural Engineer is planning to perform pre -pour inspections. Other quantities were estimated
based on previous experience, and every effort will be given to efficiently coordinate our site
visits to minimize resulting cost of our services.
PSI appreciates the opportunity to offer its services to your project and looks forward to
working with you during the construction phase. If you have
any questions or would like to
discuss this proposal further, please feel free to call.
Respectfully submitted,
Professional Service Industries, Inc.
R�y Harvey C
Department Manager
Construction Services
EXHIBIT
„A„
e K. Hammock, P.E.
Branch Manager
. Laboratory Testing Services
PSI SCHEDULE OF SERVICES AND FEES
CONSTRUCTION QUALITY CONTROL
(Effective January 1, 2003)
Concrete
Concrete Compression Test ASTM C39 (including hold cylinders), Each 12.00
Concrete Flexural Test ASTM C78 (including hold beams), Each 25.00
Soils
Moisture/Density relationship of soils ASTM D698 or D1557, Each 165.00
Moisture/Density relationship of Solis TEX-113 -E or 114 -E, Each. 175.00
Atterberg limits determination ASTM D4318, Each 55.00
Sieve Analysis ASTM C136, Each 55.00
Percent Passing /200 sieve ASTM C117 or D1140, Each 50.00
AmAraltic Conte
Extraction and Gradation, Each 165.00
Molding Specimens, Per set of 3 70.00
Density of Specimens, Per set of 3 50.00
Stability, Per set of 3 80.00
Density and Thickness Of Asphalt Cores, Each 35.00
Theoretical Specific Gravity 75.00
Steel
Yield Testing of Existing Coupons, Each 80.00
Cutting of Coupons for Yield Test, Each 50.00
Field Testing Services
En technician to perform:
a. Held concrete inspection
b. Hold asphalt inspection
c. Held sampling and sample pick -up
d. Concrete or asphalt coring
Engineering tcchnireau, Per hour 30.00
Nuclear Density Gauge, Per day 30.00
Coring rig, Per day 100.00
Bit recovery, Per inch 4.00
. Laboratory Testing Services
Concrete
Concrete Compression Test ASTM C39 (including hold cylinders), Each 12.00
Concrete Flexural Test ASTM C78 (including hold beams). Each. 25.00
Soils
Moisnue/Density rebdonship of soils ASTM D698 or D1557. Bach 165.00
Moisture/Density relationship of soils THX-113-B or 11443. Each. 175.00
Atterberg limits determination ASTM D4318, Each 55.00
Sieve Analysis ASTM C136, Bach 55.00
Percent Passing 1200 sieve ASTM C117 or D1140. Bach 50.00
Aspludde Concrete
Extraction and Gradation, Bach 165.00
Molding Specimens, Pea set of 3 70.00
Density of Specimens, Per set of 3 50.00
Stability, Per set of 3 ' 80.00
Density and Thickness Of Asphalt Cores, Each. 35.00
Theoretical Specific Gravity 75.00
Steel
Yield Testing of Existing Coupons, Each. 80.00
Cutting of Coupons for Yield Test, Bach 50.00
Field Testing Services
PSI SCHEDULE OF SERVICES AND FEES
CONSTRUCTION QUALITY CONTROL
(Effective January I, 2003)
Engineering technician to perform:
a. Field COOCZete inspection
b. Field asphalt inspection
c. Field sampling and sample pick-up
d. Concrete or asphalt coring
Engineering technician. Per hour 30.00
Nuclear Density Gauge, Per day 30.00
Coring rig, Per day 100.00
Bit recovery, Per inch 4.00
Fidd Testing Services (coat.)
Senior engineering technician to perfomr:
a. Field density testing
b. Pier or footing Inspection
c. Concrete or asphak batch plant inspection'
d. Reinforcing steel or post-tension inspection
e. 1Vlasonty inspection •
1. Bolt inspection
Senior engineering technician, Per hour 35.00
Skidmore Wilhelm boh tensiba indicating device, Per day 75.00 •
Datascan reinforcing location equipment, Per day 75.00
AWS Certified Welding Inspector to perform
a. Visual weld hasp:aka
b. Welder qualification
c. Welding procedure qualification
CWI. Per hour 50.00
EngineeriWg Services
Engineering services for report review, test evaluation, contract administration, supervision of laboratory -and field
personnel, and consultation (typically 0.2 hams miniaann per report at $05.03 per hour)
a. Project Manager, Per hour 65.00
b.• Project Engineer, Per hour 80.00
c. Perfessional Engineer, Per hour 100.03
d. City of Austin Letter of Conformance 250.00
e.• Welder qualification test report and certification card_ 125.00
Remarks
• Hourly rates are porta to postal from PSI's office at 8868 Research Boulevard, Suite 102 in Austin. Texas with a
minimum of 2 hours per callout.
• Services performed outside the hours of 700 a.m. to 500 p.m. or over 8 hours per day on workdays and anytime
on weekends or holidays will be bulled at an overtime rate of 1.5 times the rates listed above.
• A $50.00 charge will be applied to each site Visit scheduled less than six (6) hours in advance.
• laboratory testing other than concrete compression testing requiring overtime., weekend or holiday work will be
invoiced at applicable test rates plus Engineering Technician and/or Senior Engineering Technician: overtime
charges.
• A transportation charge of S.45 per mile will apply for all fieldwork whir a minimum of $20.00 per trip.
• Services and fees not listed above will be quoted upon request.
9
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DATE: July 17, 2003
SUBJECT: City Council Meeting - July 24, 2003
ITEM: *11.G.3. Consider a resolution authorizing the Mayor to execute an
Agreement for Consulting Services for Construction
Materials Inspection and Testing for the PARD Yardsite with
Professional Service Industries, Inc.
Resource: Tom Word, Chief of P. W. Operations
Larry Madsen, Construction Manager
History: PSI responded to a request for qualifications for the testing of building
pads, asphalt and concrete testing for the PARD Service Yard. Staff
then requested a proposal for the work and inspections that were
required. The proposal is in the amount of $9035.00.
Funding:
Cost: $9,035.00
Source of funds: General Capital Project Funds (Self- Financed)
Outside Resources: Professional Services Industries, Inc.
Impact /Benefit: Provide professional testing services for different phases of
construction at the PARD Service Yard.
Public Comment: N/A
Sponsor: N/A
AGREEMENT made as of the 7 •Fbll (o) q ) day of the month of JUJy
Thousand Three.
(In words, indicate day, month and year)
BETWEEN the City of Round Rock, Texas, identified herein as "City":
(Name, address and other information.)
City of Round Rock
221 East Main Street
Round Rock, Williamson County, Texas 78664
and Consultant, identified herein as "PSI ":
(Name, address and other information)
Professional Service Industries, Inc.
8868 Research Boulevard, Suite 102
Austin, Texas 78758
For the following Project:
( Include detailed description of Project.)
Consulting services including providing construction materials inspection and testing, such services to include laboratory
testing services, field testing services, and engineering services, all on the site of the proposed new yardsite for the City of
Round Rock Parks & Recreation Department (PARD) at 300 South Burnet Street, Round Rock, Texas.
City and Consultant agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of
execution" or "to be determined later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
Agreement for Consulting Services for
Construction Materials Inspection and
Testing Services for the PARD Yardsite
with Professional Service Industries, Inc.
in the year Two
1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Objectives include, but are not limited to, obtaining consulting services from PSI including providing construction
materials inspection and testing on the site of the proposed new yardsite for the City of Round Rock Parks & Recreation
Department (PARD) at 300 South Burnet Street, Round Rock, Texas.
1.1.2.2 The physical parameters are:
(Identi or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
The site of the proposed new yardsite for the City of Round Rock Parks & Recreation Department (PARD) at 300 South
Burnet Street, Round Rock, Texas.
1.1.23 City's Program is:
(Identh5, documentation or state the manner in which the program will be developed)
0\ wd ,,\corta\g,dbs<dsudw0032677.DO014
P-03-01-.14-// 03
1.1.2.4 The legal parameters are:
(ldenti pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site)
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for PSI's consulting services shall be as follows:
Service
Unknown at this time.
Rate Ouantity Total
Moisture density relationship, each 165.00 3 495.00
Atterberg limits determination, each 50.00 3 150.00
Sieve analysis, each 60.00 1 60.00
Soil testing, per hour 35.00 50 1750.00
Nuclear density equipment, per day 30.00 20 600.00
Reinforcing inspection, per hour 35.00 18 630.00
Field concrete testing, per hour 30.00 50 1500.00
Concrete compression samples, each 12.00 100 1200.00
Structural steel inspection 50.00 12 600.00
Trip charges, each 25.00 40 1000.00
Report preparation and review, per hour 70.00 15 1050.00
TOTAL $9035.00
The "Reinforcing inspection" item above may be reduced or eliminated if the Project Structural Engineer performs pre-
pour inspections.
Hourly rates are portal to portal from PSI's offices, 8868 Research Boulevard, Suite 102, Austin, Texas, with a minimum
of two (2) hours per callout.
Services directed by City to be performed outside the hours of 7:00 am to 5:00 pm or over eight (8) hours per day on
weekdays and anytime on weekends or official federal holidays may be billed at an overtime rate of 1.5 times the rates
listed herein.
A $50.00 charge may be applied to each site visit scheduled less than six (6) hours in advance.
Laboratory testing (other than concrete compression testing) requiring overtime, weekend or holiday work may be
invoiced at applicable test rates plus Engineering Technician and/or Senior Engineering Technician overtime charges.
A transportation charge of $0.45 per mile will apply for all fieldwork, with a minimum of 520.00 per trip.
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations orlon track scheduling)
One hundred eighty (180) days from Consultant's receipt of City's written Notice to Proceed.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or consmuction management)
Consulting services herein are engaged by this negotiated Agreement.
1.1.2.8 Other parameters are:
(Idenlifyspecial characteristics or needs of the Project such as energy, environmental or historic preservation requirements)
2
1.1.3 PROJECT TEAM
1.13.1 City's Designated Representative is:
(List name, address and other information.)
Larry Madsen, Liaison Construction Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5552
Facsimile: 512 -218 -5563
Tarr m round- rock.tx.us
1.13.2 The persons or entity, in addition to City's Designated Representative, who is required to review Konzen's
submittals to City are:
(List name, address and other information.)
James R. Nuse, P.E.
City Manager
221 East Main Street
Round Rock, Texas 78664
1.13.3 City's other consultants and contractors are:
(List discipline and f known, ident ' them by name and address.)
Unknown at this time.
1.13.4 Consultant's Designated Representative is:
(List name, address and other information)
Randy Harvey, CWI
Department Manager, Construction Services
8868 Research Boulevard, Suite 102
Austin, Texas 78758
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and. if known, identify them by name and address)
Unknown at this time.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by City Council resolution.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 City and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner
regarding requirements for and limitations on the Project. City shall furnish to Consultant, within fifteen (15) days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, City's other costs, and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with
respect to the Project. City or City's Designated Representative shall render decisions in a timely manner pertaining to
documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of
Consultant's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests,
inspections and reports required by law.
1.2.2.5 City shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies.
1.2.3 CONSULTANT'S RESPONSIBILITIES
1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and
the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of
services which initially shall be consistent with the time periods established in this Agreement and which may be
adjusted, if necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of
time required for City's review, and for approval of submissions by authorities having jurisdiction over the Project. Time
limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant or
City.
1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized
to act with respect to the Project.
1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by City,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent
Consultant from establishing a claim or defense in an adjudicatory proceeding.
1.2.3.5 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment
with respect to this Project.
1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the
Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
13.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
City of all elements of the Project designed or specified by Consultant.
13.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
4
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by
Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this
Agreement, completed or partially completed, shall be the property of City to be used as City desires, without restriction
on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976
(or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights
acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained
by Consultant.
1.3.2.2 Upon execution of this Agreement, Consultant grants to City permission to reproduce Consultant's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is
adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce
and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing, using and maintaining the Project.
1.3.2.3 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any
unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto
that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement
hereto. Any such Supplemental Agreement to this contract must be duly authorized by City Council resolution.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may
proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation.
1.3.4.2 City and Consultant shall endeavor to resolve claims, disputes and other matters in question between them by
mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60)
days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
13.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof
1.35 ARBITRATION
1.3.5.1 City and Consultant hereby expressly agree that no claims or disputes between City and Consultant arising out
of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 -14) or any applicable state arbitration
statute, except that in the event that City is subject to an arbitration proceeding related to the Project, Consultant
consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by City for complete
relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Consultant and City waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due
to either party's termination in accordance with Section 1.3.8.
13.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall he in Williamson County,
Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when Consultant's services are substantially completed.
13.73 To the extent damages are covered by property insurance during construction, City and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between City and Contractor.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either City or Consultant.
13.75 If City requests Consultant to execute certificates, the proposed language of such certificates shall be submitted
to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
13.7.6 City and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the
other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. Neither City nor Consultant n shall assign this Agreement without the written consent
of the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In
such event, the lender shall assume City's rights and obligations under this Agreement. Consultant shall execute all
consents reasonably required to facilitate such assignment.
13.7.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of
Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus
and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal
services contracted for herein.
13.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed
hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,
Excise, and Use Tax Act.
13.7.9 Consultant covenants and represents that he 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 for the Project.
13.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete
the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this
Agreement.
13.7.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any
obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control.
However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts
undertaken to mitigate its effects.
6
13.8 TERMINATION OR SUSPENSION
1.3.8.1 If City fails to make payments to Consultant in substantial compliance with this Agreement, such failure may
be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.
If Consultant elects to suspend services, prior to suspension of services, Consultant shall give fifteen (15) days' written
notice to City. In the event of a suspension of services, Consultant shall have no liability to City for delay or damage
caused City because of such suspension of services. Before resuming services, Consultant shall be paid all non-
disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted.
13.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the
convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice
City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the
property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized
form without restriction on future use. Should City subsequently contract with another person for continuation of
services on the Project, Consultant shall cooperate in providing information.
13.83 Nothing contained in Section 1.3.82 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City
shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall
this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default,
including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.9 PAYMENTS TO CONSULTANT
13.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has
been adjudged to be liable.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both City and Consultant.
1.4.1.1 Other documents as follows:
( List other documents, if any, forming pan of the Agreement)
Exhibit "A" entitled "Consultant's Scope of Services.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Consultant's services as described herein, compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein.
1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted.
Such adjustment shall be calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and idea* Principals and
classes employees, if required. Identify specific services to which particular methods of compensation apply)
7
1.5.3 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time
period required under the Texas Prompt Payment Act, whichever is later. Non - disputed amounts unpaid sixty (60) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of Consultant.
(Insert rate of interest agreed upon.)
One and one - half percent (1 %z %) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and hold City, its officers, agents
and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this
Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the
indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its
officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both
Consultant and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law
and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit
of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
ARTICLE 1.7 INSURANCE
1.7.1 Insurance. Consultant, at his sole cost, shall purchase and maintain during the term and entire duration of this
Agreement minimum insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence
including like coverage for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts
and omissions of subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury
of $100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for
each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same
minimum limits.
1.7.2 Insurance Requirements.
(1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in
Texas and otherwise acceptable to City.
(2) Consultant shall not commence work at any site under this Agreement until he has obtained all required
insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to
commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall
not relieve or decrease the liability of Consultant hereunder.
1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by
endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any
material change in coverage, a notice thereof shall be given to City by certified mail to:
8
James R. Nuse, P.E.
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation,
non - renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums
or assessments for any deductibles which all are at the sole responsibility and risk of Consultant.
(3) The terms "City" or "City of Round Rock" shall include all authorities, Boards, Commissions,
Departments, and officers of City and the individual members, employees and agents thereof in their official capacities,
and/or while acting on behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to
any such future coverage, or to City's Self - Insured Retentions of whatever nature.
1.73 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall
be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with
City.
IN WITNESS WIIEREOF, the City of Round Rock has caused this A ent to be signed in its corporate name
by its Mayor, duly authorized to execute the same in its behalf by Resolution No. -(2 34 7,)y- /43 approved by the
City Council on 7-,. 4-03 and by the duly authorized representative of Professional Service Industries, Inc.,
with both parties binding themselves, their successors and assigns and legal representatives for the faithful and full
performance of the terms and provisions of this Agreement.
ATTEST:
9
CONSULTANT:
PROFESSIONAL SERVICE INDUSTRIES, INC.
By:
Service
Rate
Qty.
Total
Moisture density relationship, each
$165.00
3
$495.000
Atterberg limits determination, each
$50.00
3
$150.000
Sieve analysis, each
$60.00
1
$60.00
Soil testing, per hour
$35.00
50
$1750.00
Nuclear density equipment, per day
$30.00
20
$600.00
Reinforcing inspection, per hour
$35.00
18
$630.00
Field concrete testing, per hour
$30.00
50
$1500.00
Concrete compression samples, each
$12.00
100
$1200.00
Structural Steel Inspection
$50.00
12
$600.00
$1000.00
Trip charges, each
$25.00
40
Report preparation and review, per hour
$70.00
15
$1050.00
Total
$9035.000
The following is our estimate of the projected cost for our services for the referenced
project. The reinforcing inspection services could be reduced or eliminated if the Project
Structural Engineer is planning to perform pre-pour inspections. Other quantities were estimated
based on previous experience, and every effort will be given to efficiently coordinate our site
visits to minimize resulting cost of our services.
PSI appreciates the opportunity to offer its services to your project and looks forward to
working with you during the construction phase. If you have any questions or would like to
discuss this proposal further, please feel free to call.
Respectfully submitted,
Professional Service Industries, Inc.
Rkdy Harvey, CWI
Department Manager
Construction Services
EXHIBIT
e K. Hammock, P.E.
Branch Manager
Laboratory Testing Services
Concrete
Concrete Compression Test ASTM C39 (including hold cylinders), Each 12.00
Concrete Flexural Test ASTM C78 (including hold beams), Each. 25.00
Soils
Moisture /Density relationship of soils ASTM D698 or D1557, Each 165.00
Moisture/Density relationship of soils TEX- 113 -E or 114 -E, Each 175.00
Atterberg limits determination ASTM D4318, Each 55.00
Sieve Analysis ASTM C136, Each 55.00
Percent Passing #200 sieve ASTM C117 or D1140, Each 50.00
PSI SCHEDULE OF SERVICES AND FEES
CONSTRUCTION QUALITY CONTROL
(Effective January 1, 2003)
Asphaltic Concrete
Extraction and Gradation, Each 165.00
Molding Specimens, Per set of 3 70.00
Density of Specimens, Per set of 3 50.00
Stability, Per set of 3 80.00
Density and Thickness of Aspbah Cores, Each. 35.00
Theoretical Specific Gravity 75.00
Steel
Yield Testing of Existing Coupons, Each 80.00
Cutting of Coupons for Yield Test, Each 50.00
Field Testing Services
Engineering technician to perform:
a. Field concrete inspection
b. Field asphalt inspection
c. Field sampling and sample pick-up
d. Concrete or asphalt coring
Engineering technician, Per hour 30.00
Nuclear Density Gauge, Per day 30.00
Coring rig, Per day 100.00
Bit recovery, Per inch 4.00
Laboratory Testing Services
Concrete
Concrete Compression Teat ASTM C39 (including hold cylinders), Each 1200 .
Concrete Flexural Test ASTM C78 (including hold beams), Each. 25.00
Soils
Moisture/Density relationship of soils ASTM D698 or D1557, Each 165.00
Moisture/Density relationship of soils TEX-113-13 or 114-E, Each 175.00
Atterberg limits determination ASTM D4318, Each. 55.00
Sieve Analysis ASTM C136. Each 55.00
Percent Passing #200 sieve ASTM C117 or D1140, Each 50.00
Asphaltic Conerete
Extraction and Gradation, Each 165.00
Molding Specimens, Per set of 3 70.00
Density of Specimens, Per set of 3 50.00
Stability, Per set of 3 80.00
Density and Thickness of Asphalt Cores, Each. 35.00
Theoretical Specific Gravity 75.00
Steel
Yield Testing of Existing Coupons, Each. 80.00
Cutting of Coupons for Yield Test, Bach 50.00
Field Testing Services
Engineering technician to perform:
a. Field concrete inspection
b. Field asphalt inspection
c. Held sampling and sample pick-up
d. Concrete or asphalt coring
Engineering technician, Per has 30.00
Nuclear Density Gauge, Per day 30.00
Coring rig, Per day 100.00
Bit recovery, Per inch 4.00
PSI SCHEDULE OF SERVICES AND FEES
CONSTRUCTION QUALITY CONTROL
(Effective January 1, 2003)
Field Testing Services (cont.)
Senior engineering technician to perform:
a. Field density testing
b. Pier or footing inspection
c. Concrete or asphalt batch plant inspection
d. Reinforcing steel or post-tension inspection
e. klasonty Mspection
f. Bolt inspection
Senior engineering technician, Per hour 35.00
Skidmore Wilhelm bolt tension indicating device. Per day 75.00
DataSeall reinforcing location equipment, Per day 75.00
AWS Certified Welding Inspector to perform:
a. Visual weld inspection
b. Welder qualification
c. Welding procedure qualification
CWI, Per hour 50.00
Engineering Services
Engineering services for report review, test evahtation, contract administration. supervision of laboratory and field
personnel, and consultation (typically 0.2 hours minimum per report at 865.00 per hour)
a. Project Manager, Per hour 65.00
b.. Project Engineer, Per hour 80.00
c. Professional Engineer, Per hour 100.03
d. City of Austin Letter of Conformance 250.00
e. Welder qualification test report and certification card. 125.00
Remarks
• Hourly rates are portal to portal from PSI's office at 8868 Research Boulevard, Suite 102 in Austin. Texas with a
minimum of 2 hours per callout.
• Services performed outside the hours of 7:00 a.m. 10 5:00 p.m. or over 8 hours per day on weekdays and anytime
on weekends or holidays will be billed 51 50 overtime rate of 13 tines the rates listed above.
• A 850.00 charge will be applied to each site visit scheduled less than six (6) hours in advance.
• Laboratory testing other than concrete compression testing requiring overdme. weekend or holiday work will be
invoiced at applicable test rates plus Engineering Technician and/or Senior Engineering Technician overtime
charges.
• A transportation charge of 8.45 per mile will apply for all fieldwork with a mitunumt of 820.00 per trip.
• Services and fees not listed above will be quoted upon request.
07/18/2003 14:13 FAX 5122185583
JUL iB '03 15:26 FR PSI AUSTIN
cut- au UL.,. III
J ai. 17.2003 0:5511
CERTIFICATE DIF LIABILITY INSURANCE
PRODUCER COb1PANTES AFFOAD340 COVERAGE
INSURED
Professional Service Industries, Inc
1901 S. Moyers: Road, Suite 400
,I ris TO CEtT1Fr THAT dm InnarlgialbAnifiiinaiORPboanpaaies Udell *bow witL =spa ro
the business operadons hereinafter described, for the types of human and In madame lee with Ow provisions of
the abndard po[iciel owed by the companies, and fanher hemhuc ley headed. Escspsiaas m the policies are
noted below.
W`
(,TR
Marsh USA, Inc
Two Logan Square
Philadelphia, PA19103
G9NSEAL UARO.IlY
pBas0NAL t ADV. 0000UT '1,000,000
1,000,000
NAMOeC I 1,000,000
vuut ImMeoE pee em R,e1 3 i .000, 000
».mossn 0lo m Rmee 5,000 s
os4etNeb sueCta LrwlrT 2,000,000
s
ho IID= aw p.Nw) r
TAP 6580473 -12 (TX) 3/1/03 3/1/04 SODEY IWUMY (Prrsu.e) r
MICIPERTY DAMAGE
Estes Lw0fY rwclr OCCUARBNCa 3 1,000,000
B BE286 -01 -11 AOOREOATE s 1,000,000
wowxus ' COMPENSATION? ADD SWUM UrUMIDElT SEATVM ES' LBWS i
A WC 6580421 -12 3/1/03 3/1/04 nannacatffi T 1,000,000 s
D 7•POUCYLADT 1,000,000
o �� p1� s 5 1,000,000
A GLO 6560471 -12
AVTTMas0E UAE0.I Y
1R °FSSSOONA 4 IJ lt.0.rrY
C GU 282544£
JUL 19 '03 15:10
JUL -18 -2003 15:31
Gridnn et Ud 0o Doormat -City efPR
rd2dd
CORR PUBLIC WORKS idluuz
512 302 3008 TO 2185563 P.02/02 uc
ur nu. r.
No.1120 2. 2/3
DATE DATE
3/1/03 3/1/04
3/1/02 3/1/0
DE3Ct1►nme OF OPERMrIOM PLOCA710NSIVENICLNSIS?VUAL STISALISICEPTIONS
Diner 7/111/01
A 7-uriclt.- Apfi:LrlGg2.41,5 Co.
B National Union Fire Ins Co of PA
6 Gulf Underwriters Insurance Co
Typed lime:
tP:firefT-
usenA1 A°°tI°ATI $ 2.000, 000
monorn 0080 0t A0O. S
$1.000,000 Per Claim
$1,000,000 Aggregate
he yam i1 a n,p eei to en peaknareeope Mnrbre Ceoprvriw m Lbgrryre'7.(eeldpy
and Prolotiewl LI.h613. 0110040 n. of du Ao.* des dbed petieiea In dangd h.rmn *n eep'arkn 4w 61.n9r, DPP
iurri.S empldr "'ill clod N'my (3O) days rake In be ce ificals holder below.
CCRTIPICA3E HOLM: O ' Maoda
CSey of Rased Rode 01GiNA OVA r % %'" RIEMOWNTAITVE
121 e. Main sue.
Roend lock Tear 71664
ncct a,
** TOTAL PFa0E.02 **
07/18/2003 FRI 14 :05 [TX/RI NO 97331 12J002
5122185563 98% P.02
Mayor
Nyle Maxwell
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Scan Rhode
Gary Coe
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
i
I I
NN it
ROUND ' ! K, TEXAS
PURPOSE. PASSION. PROSPERITY.
July 31, 2003
Mr. Arnie K. Hammock, P.E.
Branch Manager
Professional Service Industries, Inc.
8868 Research Boulevard, Suite 102
Austin, TX 78758
Dear Mr. Hammock:
The Round Rock City Council approved Resolution No. R- 03- 07 -24-
11G3 at their regularly scheduled rheeting on July 24, 2003. This
resolution approves the agreement for Consulting Services for
Construction Materials Inspection and Testing Services for the PARD
Yardsite.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Tom
Word at 218 -5555.
Sincerely,
Sherri onroe
Assistant City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664
Phone: 5[2.218.540o • Fax: 512.218.7097 • www.ci.round- rock.tx.us