Loading...
R-94-11-10-10C - 11/10/1994TETC October 26, 1994 Mr. Robert Bennett City of Round Rock c/o Mr. Steven Miller, P.E. Public Works Department 2008 Enterprise Round Rock, Texas 78664 TRINITY ENGINEERING TESTING CORPORATION 3601 MANOR ROAD P.O. BOX 572 AUSTIN. TEXAS 78767 512/926 -6650 Reference: Geotechnical Investigation Proposal /Contract Raw Water Line - Lake Georgetown to WTP Round Rock, Texas Dear Mr. Bennett: R- 9 // -/o -toe Based on my recent meetings and phone conversations with Mr. Miller and Mr. Thompson of CDM, I have developed a scope of services and budget estimate for the above referenced project. It is my understanding that the 30 -inch raw water line will extend from Lake Georgetown to the existing treatment plant north of the Westinghouse Facility. The new water line will generally run adjacent to and parallel to the existing water line from the plant to SH 29. At that point, the new water line will run along D.B. Wood Road and cut across U.S. Government Land to an intake structure at Lake Georgetown. As specifically requested, subsurface exploration along the route will consist of a total of 22 core borings. Sixteen (16) borings will be advanced to a nominal depth of 12 -feet below existing grade. The remaining six (6) borings at bore and jack tunnel locations under existing railroad tracks and roads will be advanced to a depth of 15 -feet below existing grade. The borings will be located as close as possible to the locations as summarized in your October 4, 1994 letter. Mr. Thompson indicated that there will be flexibility in the boring locations depending on site access conditions as well as underground and overhead obstructions. Laboratory tests will be conducted in order to evaluate the classification, strength and volume change potential of the predominant subsurface strata observed in the borings. The results of the field operations and lab tests will be evaluated by a Texas Registered Professional Engineer specializing in geotechnical engineering analysis Engineering evaluation and recommendations will be limited to providing the following services: 1. Description of field operations and laboratory tests; 2. Description of subsurface materials and conditions including boring logs and short -term subsurface water observations during the drilling operations (this should not be considered a groundwater study); 46. NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY FOR TESTING AND MATERIALS AMERICAN WELDING SOCIETY AMERICAN CONCRETE INSTITUTE Mr. Steven Miller, P.E. October 26, 1994 Page 2 3. Visual interpretations of rock fracturing and measurements of rock core recovery and rock quality (RQD); 4. General earthwork and construction criteria and specifications; The services described above will be performed at the unit prices shown on the attached GEOTECHNICAL ENGINEERING FEE SCHEDULE, with a total estimated maximum cost of $9.600.00. This cost will not be exceeded without prior approval from the CLIENT. TETCO will perform only those services outlined above; however, CLIENT and TETCO may subsequently agree in writing to provide additional services rendered under this AGREEMENT for additional, negotiated compensation as per attached fee schedule. The above cost assumes all of the following: 1. The boring locations are staked or located in such a manner that we can easily find the desired location; 2. We have right of entry and authorization to conduct the borings on public and private property; and 3. The boring locations are accessible to our drilling rig and support vehicles. I estimate that the drilling operations will take about six (6) working days to complete, weather and site access permitting. Laboratory testing will take about 10 working days and engineering analysis and report about 5 working days. From notice to proceed, I estimate that the geotechnical work will take about 4 to 5 weeks. If this proposal is acceptable, please sign and date the attached AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES and return one set for our files. We are prepared to put the project on our drilling schedule inunediately with verbal approval of this contract. If you have any questions, please contact me at (512) 926 -6650. Respectfully submitted, TRINITY ENGINEE TESTING CORPORATION wii B. Yates, Jr,P.E. Manager of Geotechnical Services LBY /smg Attachments 94-10-10 FIELD SERVICES: UNIT PRICE FEE SCHEDULE Raw Water Line - Lake Georgetown to WTP Round Rock, Texas Unit Price - Mobilization of Crew and Equipment, Drilling, Sampling and Field Penetration Tests $130.00 /hour - Drilling Superintendent (Coordination of Site Access, and Boring Locations) 35.00 /hour LABORATORY TESTING SERVICES: - Atterberg Limits Tests 40.00 /each - Minus 200 -Mesh Sieve 20.00 /each - Unconfined Compression Test 21.00 /each ENGINEERING AND TECHNICAL SERVICES: - Geotechnical Engineer /Manager 80.00 /hour - Senior Geotechnical Engineer 70.00 /hour - Staff Geotechnical Engineer 60.00 /hour - Draftsman 30.00 /hour - Secretary/Word Processor 30.00 /hour - Report, Reproduction, and Binding 10.00 /copy TRINITY ENGINEERING TESTING CORPORATION AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is by and between City of Round Rock EXEC y YB � 2008 Enterprise Georgetown to WTP in Round Rock, Texas (S e) [ARLF�S autPEPPER_, (Printed or Typed Name) '/Title P 1/d LIENT Round Rock, Texas 78664 hereinafter called CLIENT and Trinity Engineering Testing Corporation, 3601 Manor Road, Austin, Texas 78723 hereinafter called CONSULTANT, who agree as follows: 1 CLIENT desires to engage CONSULTANT to provide geotechnical engineering and related services in connection with CLIENTS project described as follows and hereinafter referred to as THE PROJECT: Geotechnical Investigation for Raw Water Line from Lake 2. CONSULTANT shall provide geotechnical engineering and related services for THE PROJECT in accordance with the accompanying Letter PROPOSAL and Unit Price Fee Schedule which describes the scope of services and the estimated cost of the services to be provided. The TERMS AND CONDITIONS presented on pages 2 and 3 constitute a part of this Agreement, and by CLIENTS signature below acknowledges that he has read, understood, and agrees thereto. day of l o ion' A) , 19 9 I/ Lewis B. Yates, Jr., P.E. (Printed or Typed Name) Title Manager of Geotechnical Services CONSULTANT Page 1 of 3 ARTICLE 1. SERVICES: CONSULTANT will: 1.1 Act for CUENT In a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent geotechnical consultants practicing In the same or similar locality of THE PROJECT site. 1.2 Provide only those services that, in the opinion of CONSULTANT, Ile within the technical or professional areas of expertise of CONSULTANT and which CONSULTANT is adequately staffed and equipped to perform. It is expressly understood and agreed that CONSULTANT will perform only those services specifically described In any attachment hereto or in any proposal attached hereto as an exhibit. 1.3 Perform all technical services under the general direction of a Registered Professional Engineer and In substantial accordance with the basic requirements of the appropriate Standards of The American Society for Testing and Materials, where applicable, or other standards commonly used In the industry. 1.4 Retain samples of soli or rock for a period of 30 days following submission of the report, unless requested otherwise, after which samples will be discarded. 1.5 Retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available upon request to CLIENT during normal office hours. ARTICLE 2. CLIENTS RESPONSIB UT ES. Client or his designated representative will: 2.1 Provide CONSULTANT full Information regarding the structure(s) to be constructed on THE PROJECT site, locations of existing underground utilities on THE PROJECT site, magnitudes and configurations of loads, permissible settlements, planned cuts and fills, proximity to adjacent structures, and design loadings for paving areas and railways, and other information for the proper performance of CONSULTANT, including, but not being limited to, Information concerning hazardous materials or conditions existing on the project site of which CLIENT has knowledge or, In the exercise of reasonable diligence, should have knowledge. 2.2 Furnish right of entry onto THE PROJECT site for CONSULTANT to make the necessary field studies. CONSULTANT will endeavor to minimize damage to the land but makes no guarantee to restore the site to Its original condition unless a separate agreement is made for such restoration, In which case CONSULTANT shall add the cost of restoration to the fee for THE PROJECT. TERMS AND CONDITIONS TO AGREEMENT 2.3 Designate in writing those persons, organizations, or agencies to be contacted In the event conditions are revealed during the execution of CONSULTANT'S study that would require possible alteration of the study or would potentially influence design that is proceeding in parallel with the study. ARnCLE 3. GENERAL CONDIRONS: 3.1 CONSULTANT, by the performance of services covered hereunder, does not In any way assume, abridge, or abrogate any of those duties, responsibilities, or authorities with regard to THE PROJECT customarily vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 CONSULTANT shall not be responsible for acts or omissions of any other party or parties Involved In the design of THE PROJECT or the failure of any contractor or subcontractor to construct any item on THE PROJECT in accordance with recommendations issued by CONSULTANT. 3.3 This Agreement may be terminated by either party upon service of written notice on the other party or by mutual agreement. If this Agreement Is terminated by either party, CONSULTANT shall be paid in full for all services performed through the termination date, and the CLIENT shall be provided with a complete report of the results of tests and analysis conducted prior to termination. 3.4 Neither CLIENT nor CONSULTANT may delegate, assign, sublet, or transfer his duties or Interest In this Agreement without the written consent of the other party. 3.5 The only warranty made by CONSULTANT in connection with its services performed hereunder is that it will use that degree of care and skill as set forth In Article 1.1. No other warranty, expressed or implied, is made or Intended for services provided hereunder or furnishing oral or written reports of findings made. 3.6 This Agreement Is binding upon and shall Inure to the benefit of the parties hereto, their officers, employees, agents, affiliates, subcontractors, heirs, assigns, and personal representatives. ARTICLE 4. UNANTICIPATED HAZARDOUS MATERIALS: 4.1 The CLIENT understands that hazardous materials on or beneath the surface of a site creates extraordinary risks for CONSULTANT Including the need for precautions to protect the health and safety of his personnel and to comply with applicable laws and regulations. 4.2 CLIENT agrees that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Page 2 of 3 4.3 The discovery of unanticipated hazardous materials may result In a significant reduction of the CLIENTS property value or the OWNER'S value if the project site is owned by others. Since CONSULTANT la in no way responsible for the presence of these hazardous materials, CLIENT agrees to waive any claim against CONSULTANT and agrees to defend, indemnify, and hold harmless CONSULTANT from any claim or liability for Injury, loss, or damages arising from the discovery of unanticipated hazardous materials. ARTICLE 5. INSURANCE /RISK ALLOCATION: 5.1 CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient Insurance to protect it adequately from claims under applicable Workers' Compensation Acts and from claims against the CONSULTANT for bodily injury, death, or property damage as may arise from the performance of services under this Agreement. CONSULTANT will, upon request, file certification of such Insurance coverage with CUENT or his authorized representative. 5.2 N admowledgement of the multitude of risks inherent in conducting geotechnical and related kweatigadons, and in order to accommodate CLIENTS need fa geotechnical services at an economical cost to CLIENT, CLIENT and CONSULTANT agree that CONSULTANTS 5ahi ilyto CLIENT for claims arising out of CONSULTANTS negligent professional ads, errors, or omissions in the performance of servicea described in this Agreement will be Rafted to $50,000 or CONSULTANTS fee leas direct third-party costs, whichever is greater. If the CLIENT prefers to have higher limits of professional liability CONSULTANT agrees to increase limits up to a maximum of $500,000 upon CLIENT's written request provided CLIENT agrees to pay additional consideration of 4 percent of the CONSULTANT'S total fee. CUENT agrees to indemnify CONSULTANT and hold CONSULTANT harmless from and against any and all such liabilities In excess of said amount ARTICLE 6. CONFDENf1ALRY: 6.1 All reports and /or Information derived as part of CONSULTANT'S study shall remain the property of the CONSULTANT. 6.2 The CONSULTANT agrees to consider all reports to be confidential, and will distribute reports only to those persona, organizations, or agencies so directed by the CUENT with the following exception as described in Article 6.3. 6.3 Reports and /or information derived as part of CONSULTANTS study may be released to Federal, State, County, or Local authorities where a public safety hazard exists or where applicable statutes and regulations require the CONSULTANT to release information; where the CONSULTANT must comply with judicial court orders; and where CONSULTANT must protect itself from civil claims. In TERMS AND CONDITIONS TO AGREEMENT (Contd.) such cases, the CLIENT will be notified In writing of the release of information. 6.4 The CONSULTANT'S report, findings, and recommendations are for the CLIENT'S sole use and shall not be transferred or sold to others without the knowledge and consent of the CONSULTANT. ARTICLE 7. PAYMENT: 7.1 CUENT will pay CONSULTANT for services and expenses in accordance with the attached fee schedule. CONSULTANT'S invoices will be presented at the completion of Its work or monthly and are due on receipt. Failure to pay CONSULTANT'S invoice within 30 days shall result In the addition of late payment charges calculated at a rate of 1.5 percent per month on the unpaid balance. 7.2 CONSULTANT shall be paid In full for all services under the Agreement, including any overruns of CLIENT'S contract or any unforeseen need for CONSULTANT'S services exceeding original contract requirements. The CONSULTANT agrees not to conduct additional work without first discussing its need and reaching an agreement with the CLIENT as to the additional costs to be incurred. ARTICLE 8. EXTENT OF AGREEMENT: The Agreement, including these terms and conditions, represents the entire Agreement between CUENT and CONSULTANT and supersedes all prior negotiations, representations, or agreements, written or oral. The Agreement may be amended only by written instrument signed by CLIENT and CONSULTANT. ARTICLE 9. APPLICABLE LAW The Agreement shall be governed by the laws of the State of Texas. Any disputes arising from this Agreement resulting In legal action shall be performed in Travis County, Texas and the CLIENT agrees to waive the right to be sued elsewhere. Page 3 of 3 WHEREAS, the City of Round Rock desires to have testing services on the raw water line from Lake Georgetown, and WHEREAS, TETCO has submitted an agreement to provide said testing services, and WHEREAS, the City Council desires to enter into said agreement with TETCO, 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 with TETCO for testing services on the raw water line from Lake Georgetown, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 10th day of November, 1994. ATTEST: KS /RESOLUTION RS41110C E LAND, City Secretary RESOLUTION NO. le-94- /1-10- 1 D C CHARLES CULP , Mayor City of Round ck, Texas 11/08/94 09:21 ROUND ROCK PUELIC WORKS + 5122556676 GIL October 26, 1994 Mr. Robert Bennett City of Round Rock c/o Mr. Steven Miller, P.E. Public Works Department 2008 Enterprise Round Rock, Texas 78664 Dear Mr, Bennett: TRINITY ENGINEERING TESTING CORPORATION 3601 MANOR ROAD P.O. 50x 972 AUBTIN. TEXAS 76767 512/926•6660 Reference: Geotechnical Investigation Proposal /Contract Raw Water Line - Lake Georgetown to WTP Round Rock, Texas Based on my recent meetings and phone conversations with Mr. Miller and Mr. Thompson of CDM, I have developed a scope of services and budget estimate for the above referenced project. It is my understanding that the 30 -inch raw water line will extend from Lake Georgetown to the existing treatment plant north of the Westinghouse Facility. The new water line will generally run adjacent to and parallel to the existing water line from the plant to SH 29. At that point, the new water line will run along D.B. Wood Road and cut across U.S. Government Land to an intake structure at Lake Georgetown. As specifically requested, subsurface exploration along the route will consist of a total of 22 core borings. Sixteen (16) borings will be advanced to a nominal depth of 12 - feet below existing grade. The remaining six (6) borings at bore and jack tunnel locations under existing railroad tracks and roads will be advanced to a depth of 15 -feet below existing grade. The borings will be located as close as possible to the locations as summarized in your October 4, 1994 letter. Mr. Thompson indicated that there will be flexibility in the boring locations depending on site access conditions as well as underground and overhead obstructions. NO.673 102 Laboratory tests will be conducted in order to evaluate the classification, strength and volume change potential of the predominant subsurface strata observed in the borings. The results of the field operations and lab tests will be evaluated by a Texas Registered Professional Engineer specializing in geotechnical engineering analysis. Engineering evaluation and recommendations will be limited to providing the following services: 1. Description of field operations and laboratory tests; 2. Description of subsurface materials and conditions including boring logs and short -term subsurface water observations during the drilling operations (this should not be considered a groundwater study); 0 NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY FOR TESTING AN0 MATERIALS ANERICAN WELDING SOCIETY AMERICAN CONCRETE IN9TITITE 11/08'94 09:21 ROUND ROCK PUELIC WORKS + 5122556676 NO.673 P03 Mr. Steven Miller, P.E. October 26, 1994 Page 2 3. Visual interpretations of rock fracturing and measurements of rock core recovery and rock quality (RQD); 4. General earthwork and construction criteria and specifications; The services described above will be performed at the unit prices shown on the attached GEOTECHNICAL ENGINEERING FEE SCHEDULE, with a total estimated maximum cost of 59.600.00. This cost will not be exceeded without prior approval from the CLIENT. TETCO will perform only those services outlined above; however, CLIENT and TETCO may subsequently agree in writing to provide additional services rendered under this AGREEMENT for additional, negotiated compensation as per attached fee schedule. The above cost assumes all of the following: 1. The boring Locations are staked or located in such a manner that we can easily find the desired location; 2. We have right of entry and authorization to conduct the borings on public and private property; and 3. The boring locations are accessible to our drilling rig and support vehicles. I estimate that the drilling operations will take about six (6) working days to complete, weather and site access permitting. Laboratory testing will take about 10 working days and engineering analysis and report about 5 working days. From notice to proceed. I estimate that the geotechnical work will take about 4 to 5 weeks.. If this proposal is acceptable, please sign and date the attached AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES and return one set for our files. We are prepared to put the project on our drilling schedule immediately with verbal approval of this contract. If you have any questions, please contact me at (512) 926 -6650. Respectfully submitted, TRINITY ENGINEERLN TEST G CORPORATION LBY /smg Attachments 94-10-10 w1 B. Yates, Jr , P.E. Manager of Geotechnical Services 11/00/94 09:22 ROUND ROCK PUBLIC WORKS • 5122556676 FIELD SERVICES: UNIT PRIM FEE SCHEDULE Raw Water Line - Lake Georgetown to WTP Round Rock, Texas Unit Price - Mobilization of Crew and Equipment, Drilling, Sampling and Field Penetration Tests $130.00 /hour - Drilling Superintendent (Coordination of Site Access, and Boring Locations) 35.00 /hour LABORATORY TESTING SERVICES: - Atterberg Limits Tests 40.00 /each - Minus 200 -Mesh Sieve 20.00 /each - Unconfined Compression Test 21.00 /each ENGINEERING AND TECHNICAL SERVICES: - Geotechnical Engineer /Manager 80.00 /hour • Senior Geotechnical Engineer 70.00 /hour - Staff Geotechnical Engineer 60.00 /hour - Draftsman 30.00 /hour - Secretary/Word Processor 30.00 /hour - Report, Reproduction, and Binding 10.00 /copy NO.673 D04 11/00/94 09:22 ROUND ROCK PUBLIC WORKS 4 5122556676 N0.673 P05 - TRINITY ENGINEERING TESTING CORPORATION AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is by and between City of Round Rock 2008 Enterprise Round Rock, Texas 78664 hereinafter called CLIENT and Trinity Engineering Testing Corporation, 3601 Manor Road, Austin, Texas 78723 hereinafter called CONSULTANT, who agree as follows; 1. CLIENT desires to engage CONSULTANT to provide geotechnical engineering and related services in connection with CLIENTS project described as follows and hereinafter referred to as THE PROJECT: Geotechnical Investigation for Raw Water Line from Lake Georgetown to WTP in Round Rock, Texas 2. CONSULTANT shall provide geotechnical engineering and related services for THE PROJECT in accordance with the accompanying Letter PROPOSAL and Unit Price Fee Schedule which describes the scope of services and the estimated cost of the services to be provided. The TERMS AND CONDITIONS presented on pages 2 and 3 constitute a part of this Agreement, and by CLIENTS signature below acknowledges that he has read, understood, and agrees thereto. EXECUTED THIS T By (Signature) day of , 19 WL--> g (Sig ture) (Printed or Typed Name) Title Title I CLIENT CONSULTANT Lewis B. Yates, Jr., P.E. (Printed or Typed Name) Manager of Geotechnical Services Page 1 of 3 11/08/94 09:23 ROUND ROCK PUBLIC WORKS + 5122556676 NO.673 106 ARTIQE 1. SERVICES: CONSULTANT will: 1.1 Aott for CLIENT In a professional manner. using that degree of oars and skill ordinarily exercised by and consistent with the standards of competent geoteohnloal consultants practicing In the same or similar roosnty of THE PROJECT site. 1.2 Provide only those services that, In the opinion of CONSULTANT, Ile within the technical or professional areas of expertise of CONSULTANT and which CONSULTANT Is adequately staffed and equipped to perform. it Is expressly understood and agreed that CONSULTANT will perform only those services apeciflcally described in any attachment hereto or in any proposal attached hereto as an exhibit. 1.3 Perform all technical aeMoes under the general direction of a Registered Professional Engineer and In substantial accordance with the bealo requirements of the appropriate Standards of The American Soolety for Testing and Materials, where applicable, or other standards commonly used in the Industry. 1.4 Retain samples of soli or rock for a period of 30 days following submission of the report, unless requested otherwise, after which samples will be discarded. 1.5 Retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available upon request to CLIENT during normal (Aloe hours. ARTICLE 2. CWENFS FESPONSIBILITES. Client or hla designated representative with 2.1 Provide CONSULTANT full information regarding the structure($) 10 be con1tructed on THE PROJECT site, locations of existing underground utilities on THE PROJECT site, magnitudes and configurations of load°, permissible settlements, planned outs and fills, proximity to adjacent structures. and daalgn Feedings for paving areas and railways, and other Information for the proper performance of CONSULTANT, Including, but not being limited to, Information concerning hazardous materials or conditions existing on the project site of whloh CLIENT has knowledge or, In the exercise of reasonable diligence, should have knowledge. 2.2 Furnish right of entry onto THE PROJECT site for CONSULTANT to make the necesaary field studies. CONSULTANT will endeavor to minimize damage to the land but makes no guarantee to restore the site to Its original condition unless a separate agreement Is made for such restoration, In which case CONSULTANT shall add the coat of restoration to the fee for THE PROJECT. TERMS AND CONDITIONS TO AGREEMENT 2.3 Designate In writing those persons, organizations, or agencies to be contacted in the event conditions are revealed during the execution of CONSULTANT'S study that would require possible alteration of the study or would potentially Influence design that fe proceeding In parallel with the study. ARTICLE 3. GENERAL ComRgfi$ 3.1 CONSULTANT, by the performance of services covered hereunder, does not In any way assume, abridge, or abrogate any of those duties, reeponelbllitiea, or authorities with regard to THE PROJECT customarily vested In THE PROJECT architects, daalgn engineers, or any other design agencies or authorities. 3.2 CONSULTANT shall not be responsible for acts or omissions of any other party or parties Involved In the design of THE PROJECT or the failure of any contractor or subcontractor to construct any Item on THE PROJECT In accordance with recommendations issued by CONSULTANT. 3.3 This Agreement may be terminated by either party upon service of written notice on the other party or by mutual agreement. If this Agreement Is terminated by eltner party, CONSULTANT shall be paid in full for all services performed through the termination date, and the CLIENT shall be provided with a complete report of the results of teats and analysis conducted prior to termination. 3.4 Neither CLIENT nor CONSULTANT may delegate, assign. sublet, or transfer his duties or Interest In this Agreement without the written consent of the other parry. 3.5 The only warranty made by CONSULTANT In connection with Its services performed hereunder Is that It will use that degree of care and skill as set forth In Article 1.1. No other warranty, expressed or implied, is made or intended for services provided hereunder or furnishing oral or written reports of findings made, 3.6 This Agreement is binding upon and shall Inure to the benefit of the parties hereto, their officers, employees, agents, affiliates, subcontractors, heirs, assigns, and personal representatives. ARTICLE 4. UNANTICIPATED IWAJI3OUS MATERIALS 4.1 The CLIENT understands that hazardous materials on or beneath the surface of a ads creates extraordinary risks for CONSULTANT Including the need for preoautlona to protect the health and safety of hls personnel and to comply with applicable laws and regulations. 4.2 CLIENT agrees that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Page 2 of 3 11/00/94 09:23 ROUND ROCK PUELIC WORKS -+ 5122556676 4.3 The discovery of unantoipated hazardous materials may result In a significant reduction of the CLIENT'S property value or the OWNER'S value H the protect site Is owned by others. Since CONSULTANT 1.1n no way responsible for the presence of thee' hazardous materials, CLIENT agrees to waive any claim against CONSULTANT and agrees to defend, Indemnify, and hold harmless CONSULTANT from any claim or liability for InJury, loss. or damages arising from the discovery of unanticipated hazardous materials. ARTICLE S. IN8UR NcEJT4SK ALLOCATIOPk 8.1 CONSULTANT shall enure and maintain throughout the full period of this Agreement sufficient Insurance to protect it adequately from claims under applicable Workers' Compensation Mo and from claims against the CONSULTANT for bodily InJury, death, or property damage as may arise from the performance of services under this Agreement. CONSULTANT will, upon request, file certification of such Insurance coverage with CLIENT or his authorized representative. 5.2 In acknowledgment of the muldssie of rids Irdmar•n in conchs :Ong gsoodtnicel and missed Immepgat one. and in order to aemmrtrodaea CLIENT'S need for geotedinimi swim et en economical coat m Guam C1.ENT and CONSULTANT ewes that CONSULTANTS liability to (LIEN for Palms arising out of CONSULTANT'S negligent professional ads. emus. or amirlona In the performance of sulfas described M this Agreement Mil be limited to ODOM or CONSULTANTS fee leas direct thkd.perry meta, whichever Is gnaws. M the CLIENT prefers to haw higher limits of professional liab1ifyoovaege, CONSULTANT agrees to Increase limits up to a maximum of $503,COD upon CUENTs mitten remmet Wa'Ided CLIENT seises to pry addltlorW mnddaredon of 4 proved of the CONSULTANTS total fee. CLIENT agree to Indcmnffy CCNSULTANT and hold CONSULTANT bMnt es from and against any and a8 such liabilities In excess of said amount ARTICLE H. CONFIDENTIALITY: 8.1 All reports and /or Information derived as pan of CONSULTANT'S study shall remain tits property of the CONSULTANT. 8.2 The CONSULTANT agrees to consider all reports to be confidential, and will distribute reports only to those persona, organizations, or agencies eo directed by the CLIENT with the following exception as described in Anima 8.3. 8.3 Reports and /or Information derived as pan of CONSULTANTS study may be released to Federal, State, County, or Local authorities where a public safety hazard exists or where applicable statutes and regulations require the CONSULTANT to release Information; where the CONSULTANT must comply with Judicial ooun orders; and where CONSULTANT must prated Itself from civil claims. In TERMS AND CONDITIONS TO AGREEMENT (Contd.) such cases. the CLIENT will be notified In writing of the release of Information. 8.4 The CONSULTANT'S report, findings, and recommendations are for the CLIENT'S sole use and shall not be transferred or sold to others without the knowledge and mneent of the CONSULTANT. MTICLE 7. PAYMENT; 7.1 CLIENT will pay CONSULTANT for services and expenses in accordance with the attached fee schedule. CONSULTANTS Invoices will be presented at the completion of its work or monthly and are due on receipt. Failure to pay CONSULTANT'S invoice within 30 days shell reauh In the sedition of late payment charges calculated at a rate of 1.5 percent per month on the unpaid balance. 7.2 CONSULTANT shall be paid In full for all servicea under the Agreement, Including any overruns of CLIENT'S contract or any unforeseen need for CONSULTANTS sendoes exceeding original contract requirements. The CONSULTANT agrees not to conduct additional work without first discussing its need and reaching an agreement with the CLIENT ate to the additional costa to be Incurred, ARTICLE 8. EXTENT OF AGREEMENT: The Agreement, Including these terms and conditions, represents the entire Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations. repraentationa, or agreements, written or oral, The Agreement may be amended only by written Instrument signed by CLIENT and CONSULTANT. ARTICLE 9. APPLICABLE LAW: The Agreement shall be governed by the lawn of the State of Texas. My disputes arising from this Agreement resulting In legal action shall be performed In Travis County, Texas and the CLIENT agrees to waive the right to be sued elsewhere. Page 3 of 3 NO. D07 11/0B/94 09:20 ROUND ROCK PUBLIC WORKS + 5122556676 NO.673 P01 DATE: November 7, 1994 SUBJECT: City Council Meeting, November 10, 1994 ITEM: 10C. Consider a resolution authorizing the Mayor to enter into an agreement with TETCO for testing services on raw water line. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Staff received and evaluated three responses for geotechnical services. Trinity Engineering Testing Corporation ( TETCO) was selected as the best firm capable of providing required services. Geotechnical information is required for design and analysis of raw water pipeline. Staff recommends TETCO for testing services on raw water line.