Loading...
R-98-06-11-13A3 - 6/11/1998RESOLUTION NO. R- 98- 06- 11 -13A3 WHEREAS, the City of Round Rock desires to retain professional services to provide geotechnical services for the multi - purpose stadium facility, and WHEREAS, TETCO has submitted an agreement to provide said geotechnical 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 geotechnical services for said facility, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this llth day of June, � 98 ATTEST: 8 , \Wpm® \RES01r1 \8s 0611A3. WYD/ s eg LAND, City Secretary CHARLES CULEEPPER, Mayor City of Round Rock, Texas m TRINITY ENGINEERING TESTING CORPORATION P.O. Box 2234 Austin, Texas 78768 Phone 512/926 -6650 Fax 512/926 -3312 June 9, 1998 The City of Round Rock Public Works Department 2008 Enterprise Drive Round Rock, Texas 78664 Attention: Mr. Al Willie, P.E. Reference: Preliminary Geotechnical Investigation Proposal/Contract Round Rock AA Baseball Stadium Round Rock, Texas Dear Mr. Willie: I am pleased to present this proposal/contract for the new Baseball Stadium project. The scope of services and budget are based on information contained in your two fax transmittals to us dated 6/4/98, my phone conversation with Bruce Miller of HOK, and our previous experience near the project site. As specifically requested by HOK, the geotechnical investigation will be conducted in two phases; namely, a preliminary investigation and a design investigation. At present time, very little specific information is known concerning potential structure locations, sizes, structural loads, or excavation depths. The preliminary geotechnical investigation will aid in evaluating certain design considerations with respect to the geological/geotechnical characteristics of the site. Mr. Miller indicated that certain structures may be up to three stories in height with one -story below grade and two stories above grade. Typically, the playing field may be a sunken bowl configuration with a maximum depth below concourse level of about 18 -feet. With the above in mind and concurrence with Mr. Miller, subsurface exploration for this preliminary phase will consist of five core borings, each to a depth of 45 -feet below existing grade. Each boring will be converted to a temporary, open riser piezometer for groundwater observations. Laboratory tests will be conducted 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 evaluations and recommendations will be limited to providing a preliminary assessment of the geotechnical conditions at the subject site, with emphasis on expansive clay soils and groundwater issues. The preliminary investigation will not address all the foundation design information requested in the HOK document; however, the geotechnical data obtained in the preliminary study will be utilized to supplement the subsequent design investigation. Serving Texas Since 1945 Mr. Al Willie, P.E. June 9, 1998 Page 2 The services described above will be performed at the unit prices shown on the attached FEE SCHEDULE, with total estimated maximum cost of $11.250.00. 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 truck access to the boring locations and the boring Locations and elevations will be surveyed by your project surveyor prior to the start of field operations. The above cost does no include damage to the existing crop. We will make an effort to minimize crop damage, but some damage will be inevitable. The workscope described herein does not include specific activities and investigations designed to reveal whether a solid waste landfill exists upon the subject land tract other than what may be determined through incidental encounter in the proposed soil borings. Such investigations designed for this specific purpose are described and required by TNRCC rules (30 TAC 330.951 - 330.963) in accordance with HB 2537 (1993). An Environmental Site Assessment (ESA) including possibly additional soil borings may be required to supplement the present workscope to assess past landfill activities. 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. If you have any questions, please contact me at 926 -6650. Respectfully submitted, TRINITY ENGINEERING TESTING CORPORATION Lewis B. Yates, X . Manager of Geotechnical Services LBY/krr Attachments 03eoProp#1\9S.6 -8.1by TRINITY ENGINEERING TESTING CORPORATION AGREEMENT FOR GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is by and between 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 CLIENT'S project described as follows and hereinafter referred to as THE PROJECT: Round Rock AA Baseball Stadium 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 CLIENT'S signature below acknowledges that he has read, understood, and agrees thereto. C_ l D THIS I I I day of JUNE , 19.9. (Signature) CHA2L6.5 CuL,EPPER (Printed or Typed Name) Title MR CLIENT The City of Round Rock Public Works Department 2008 Enterprise Drive Round Rock, Texas 78664 By l 1�,� ( lure) Lewis B. Yates, Jr.,P.E. (Printed or Typed Name) Title Manager of Geotechnical Services CONSULTANT Page 1 of 3 Au079802 yrF.T.D SERVICES: UNIT PRICE FEE SCHEDULE Round Rock AA Baseball Stadium Round Rock, Texas Unit Price - Mobilization of Crew and Equipment, Drilling, Sampling, Field Penetration Tests, Piezometer Installation $150.00/hour - Drilling Superintendent 45.00/hour - Open Riser Piezometer Materials 7.00 /foot LABORATORY TESTING SERVICES: - Atterberg Limits Tests 45.00 /each - Minus 200 -Mesh Sieve 23.00 /each - Unconfined Compression Test 24.00 /each - Absorption Pressure/Swell Test 100.00 /each ENGINEERING AND TECHNICAL SERVICES: - Geotechnical Engineer/Manager (P.E.) 95.00/hour - Geotechnical Engineer (P.E.) 85.00/hour - Staff Geotechnical Engineer (E.I.T.) 75.00/hour - Staff Geologist 60.00/hour - Draftsman 40.00/hour - Secretary/Word Processor 40.00/hour - Report, Reproduction, and Binding 10.00 /copy 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 practldng 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 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. CLIENTS RESPONSIBILITIES. 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 she, 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 she for CONSULTANT to make the necessary field studies. CONSULTANT will endeavor to minimize damage to the land but makes no guarantee to restore the slte 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 writng those persons, organizations, or agendas 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 ads 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 temhinated by either party, CONSULTANT shell 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 materiels 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. 42 CLIENT agrees that the discovery of unantdpated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Page 2 of 3 Au979802 TERMS AND CONDITIONS TO AGREEMENT (Cont'd.) 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 Is 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 Balm 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 calms 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 acknowledgement of the multitude of risks Inherent In conducting geotechnical and related Investigations, and In order to accommodate CLIENTS need for geotechnlcal services at an economical cost to CLIENT, CLIENT and CONSULTANT agree that CONSULTANTS liability, Including attorney fees, to CLIENT for claims arising out of CONSULTANT'S negligent professional acts, errors, or omissions In the performance of services described In this Agreement will be limited to $50,000 or CONSULTANTS fee whichever Is greater. If the CLIENT prefers to have higher limits of (lability, CONSULTANT agrees to Increase Omits up to maximum of $500,000 upon CLIENTS written request provided CLIENT agrees to pay additional consideration of 4 percent of the CONSULTANTS total fee. CLIENT agrees to Indemnify CONSULTANT and hold CONSULTANT harmless from and against any and all such liabilities In excess of said amount ARTICLE 6. CONFIDENTIALITY: 8.1 All reports and/or Information derived as part of CONSULTANTS study shall remain the property of the CONSULTANT. 8.2 The CONSULTANT agrees to consider all reports to be confidential, and will distribute reports only to those persons, organizations, or agendas so directed by the CLIENT with the following rxuaptlon as described In Article 8.3. 8.3 Reports and/or Information derived as part of CONSULTANTS study may be released to Federal, State, County, or Loral authorities where a public safety hazard exists or where applicable standes and regulations require the CONSULTANT to release inforrnatlon; where the CONSULTANT must comply with judicial court orders; and where CONSULTANT must protect itself from civil claims. In such cases, the CLIENT wit be notified in writing of the release of information. 6.4 The CONSULTANT'S report, findings, and recommendations are for the CLIENTS 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 Invoices 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 paid in full for all services under the Agreement, including any overruns of CLIENTS contract or any unforeseen need for CONSULTANTS 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 written Instrument signed by CLIENT and CONSULTANT. ARTICLE 9. APPLICABLE LAW: The Agreement shall be govemed 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. Page 3of3 Au0796O2 Z200 • /1, (.71 \ • \ . , \ ;•1 C • :~ 1 . ••••-:', /is 00/9e _.:._._.- / r --, - I ' - • . _____.-4----,-- • . 4:-.-'." ' '..." ; ; : ...•;- ''''''' • I / LAM 45. ••••• DATE: June 5, 1998 SUBJECT: City Council Meeting - June 11, 1998 ITEM: 13.A.3. Consider a resolution authorizing the Mayor to execute an agreement with TETCO for geotechnical services for the multi- purpose facility / stadium These services will provide the basis for the structural design of the building foundation and parking lot design. Staff Resource Person: Jim Nuse, Public Works Director.