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R-97-03-13-10A - 3/13/1997WHEREAS, the City of Round Rock desires to have geotechnical engineering services for the Downtown Street Improvement, Library, and Streets and Drainage Improvement programs, and WHEREAS, Trinity Engineering Testing Corporation, has submitted an agreement to provide said geotechnical engineering services, and WHEREAS, the City Council desires to enter into said agreement with Trinity Engineering Testing Corporation, 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 Trinity Engineering Testing Corporation for geotechnical engineering services for the Downtown Street Improvement, Library, and Streets and Drainage Improvement programs, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of March, x997. ATTEST: E LAND, City Secretary R: \WPDOCS \RESOLUSI \RS70313A RPD /ecg RESOLUTION NO. R- 97- 03- 13 -10A 4 CHARLES CULPEYPPER, Mayor City of Round Rock, Texas Title TRINITY ENGINEERING TESTING CORPORATION AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is by and between City of Round Rock, Public Works Department 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: 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 Pavement Investigation for the Downtown Street Improvement Program 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. 01/VeLcs tuLPEPP &R_. (Printed or Typed Name) CENT Scott M. Langerman (Printed or Typed Name) Title Staff Geotechnical Engineer CONSULTANT Page 1 of 3 Au9796G2 ARTICLE 1. SERVICES: CONSULTANT will: TERMS AND CONDITIONS TO AGREEMENT 1.1 Act for CLIENT 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, lie 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 Retain samples of soil or rock for a period of 30 days following submission of the report, unless requested otherwise, after which samples will be discarded. 1.4 Retain 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. CLIENT'S RESPONSIBILITIES. Client or his designated representative will: 21 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 bads, 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. 2.3 Designate In writing those persons, organizations, or agencies to be contacted In the event conditions are revealed during the execution of CONSULTANTS study that would require possible alteration of the study or would potentially Influence design that is proceeding in parallel with the study. ARTICLE 3. GENERAL CONDITIONS' 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 wntten 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 d 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 A0079002 TERMS AND CONDITIONS TO AGREEMENT (Cont'd.) 4.3 The discovery of unanticipated hazardous materials may result In a significant reduction of the CLIENT'S property value or the OWNER'S value if the project Ede Is owned by others. Since CONSULTANT is in no way responsible for the presence of these hazardous materials, CLIENT agrees to waive any claim against CONSULTANT and agrees to defend, Indemnity, and hold harmless CONSULTANT from any claim or (lability 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 anse from the performance of services under this Agreement. CONSULTANT will, upon request, file certification of such Insurance coverage with CLIENT or his authorized representative. ARTICLE 8. CONFIDENTIALITY: 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 persons, organizations, or agencies so directed by the CLIENT with the following exception as descnbed 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 authonties 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 such cases, the CLIENT will be notified in venting of the release of information. 6.4 The CONSULTANTS 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 CLIENT will pay CONSULTANT for services and expenses In accordance with the attached fee schedule. CONSULTANTS Invokes will be presented at the completion of its work or monthly and are due on receipt. Failure to pay CONSULTANTS 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 pald 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 CLIENT and CONSULTANT and supersedes all prior negotiations, representations, or agreements, written or oral. The Agreement may be amended only by wntten 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 Williamson County, Texas. Page 3 of 3 Au0796G2 DATE: March 11, 1997 SUBJECT: City Council Meeting, March 13, 1997 ITEM: 10A. Consider a resolution authorizing the Mayor to execute a geotechnical services agreement with Trinity Engineering Testing Corporation for the Downtown Neighborhood Streets, the Library, and Streets and Drainage Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The services furnished under this agreement will provide for a soils investigation program, analysis of data, and pavement section recommendations for the Downtown Neighborhood Streets and the Library boundary street and Drainage Improvement Projects. These street improvements are a part of the 1996 General Obligation Bond Program. Staff recommends approval. TRINITY ENGINEERING TESTING CORPORATION ® P.O. Box 2234 Austin, Texas 78768 Phone 512/926 -6650 Fax 512/926 -3312 February 24, 1997 City of Round Rock Public Works Department 2008 Enterprise Round Rock, Texas 78664 Attention: Mr. Al Witte, P.E. Reference: Geotechnical Pavement Investigation Proposal/Contract Downtown Street Improvement Program City of Round Rock Round Rock, Texas Dear Al: We are pleased to present this proposal/contract for the above project. We have received an RFP letter from Martinez, Wright & Mendez, Inc., including a general boring location plan, dated February 17, 1997. In addition, we have visited by telephone with Mr. Martinez about the proposed workscope. It is our understanding that a total of eleven streets, grouped into categories A and B by Mr. Martinez, have been selected for various rehabilitation measures. As part of the MW &M design and evaluation team, we have been asked to drill a total of 22 borings in the streets, each to a depth of 5 feet. Existing pavement and base thicknesses will be measured during the drilling process. Representative samples from the borings will be tested for classification and unconfined compressive strength. In addition, the cohesive samples will be tested with a pocket penetrometer to obtain an estimated strength. All borings will be back -filled and the surface patched. Our drilling superintendent, Mr. Lee Jackson, will supervise and coordinate all field work. We will analyze the results of the field and laboratory investigation in order to determine subgrade input parameters for the AASHTO pavement design program. The streets will be observed by the project engineer for areas of distress as part of the evaluation process. The City of Round Rock street classifications will be used to determine the traffic loading conditions. The above information will be used to estimate the design life of the pavements and to form the basis for our recommendations for rehabilitation, where applicable. The services described above will be performed at the unit prices shown on the attached FEE SCHEDULE, with total estimated maximum cost of $6,900.00. Approximately $2,900,00 of this amount is for the Group A Streets, and the remainder is for the Group B Streets. 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 Mr. Al Wille February 24, 1997 Page 2 provide additional services rendered under this AGREEMENT for additional, negotiated compensation as per attached fee schedule. The above cost assumes truck access to the boring locations. We also ask for the cooperation of the City in locating underground utilities. If this proposal is acceptable, please sign and date the attached AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES and return one set for our files. We look forward to working with you on this project. We are prepared to put the project on our drilling schedule with verbal approval of this contract. Respectfully submitted, TRINITY ENGINEERING TESTING CORPORATION Scott Staff Geotechnical Engineer Attachments 97 -2 -19 Robert C. Davis, P.E. Vice President xc: Mr. Bob Martinez, P.E. UNIT PRICE FEE SCHEDULE Downtown Street Improvement Program City of Round Rock Round Rock, Texas Unit Price FIELD SERVICES: - Mobilization, Drilling and Sampling $130.00/hour - Boring Layout /Coordination 40.00/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 85.00/hour - Geotechnical Engineer, P.E 75.00/hour - Staff Geotechnical Engineer, E.I.T 65.00/hour - Draftsman 35.00/hour - Secretary/Word Processor 35.00 /hour - Report, Reproduction, and Binding 5.00 /copy