CM-04-09-025eri7N)V-(Y/2- (7aS bLaet:
Request for City Council/City Manager Action
c ,(,A
La
Cc'
Please submit this toms when placing items on the council agenda or when submitting an item to the City Manager for approval. C
Department: Building Construction & Maintenance
Contact Person: Laura Flores
Project Name: SouthWest Downtown Project
ContractorNendor Name: Professional Services Industries (PSI)
Amount:
Project Manager/Resource
Council Meeting Date:
Funding Source:
Assigned Attorney:
Larry Madsen/Gary Wilson
2002 GO Bonds
J. Kay Gayle
$4,960.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required?
Yes X No
Council Agenda Item Yes
Submission to City Manager - Yes
X
No
No
X
(see required signatures below before submission to the City Manager)
Agenda Wording:
❑ Initial Construction Contract
❑ Construction Contract Amendment
❑ Change Order
n Change in Quantity
n Unforeseen Circumstances
❑ Initial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
❑ Purchase Order
Item(s) to be purchased:
Amount
X❑ Other (Please clearly i/cl`entity action..�Ul
on lin" below)
q CON414410\1c eej
I rt.L'. ptiT
$4,960.00
Water quality pond planned for the area on the city property to the south of McNeil Road as we
are combining Phase 1 & Phase 2 into one project.
For Submission to C
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
x
M
er On!
4
Date: Cr—(7"4
Date:
Date:
Date:
L r a • pproval is required for all items requesting City Manager's approval.
Finance Approval fl Finance -Date and Signature:
Purchasing -Date and Signature:
08-17-04 L. Olsen
gledminislralionlangr-council action.xle 7-14-04
DATE: August 17, 2004
SUBJECT: City Managers Approval
ITEM: Consider a resolution authorizing payment of $4,960.00 to
Professional Services Industries (PSI).
Department: Building Construction & Facility Maintenance
Staff Person: Tom Word, Chief of Public Works Operations
Larry Madsen, Construction Manager
Justification: The attached Letter of Agreement is for fees associated with a
water quality pond that is planned for the Southwest Downtown Project to south
of McNeil Road..
Funding:
Cost: $4,960
Source of funds: Capital Project Funds (GO Bonds 2001)
Outside Resources: N/A
Background Information: PSI has provided geo-technical evaluation and
sub -surface exploration for phase 1 of the Southwest Downtown Project that
includes street and utility improvements as well as storm water drainage.
Public Comment: N/A
CITY OF ROUND ROCK
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Date: 8/17/2004
To: Jim Nuse
City Manager
From: Larry Madsen
Public Works
Re: Southwest Downtown Project
Jim,
Professional Services Industries, Inc. has provided geo-technical evaluation and sub -surface
exploration for phase 1 of the Southwest Downtown Project that includes, street and utility
improvements as well as storm water drainage.
A water quality pond is planned for the area on city property to the south of McNeil Road as we
are combining Phase 1 and Phase 2 into one project. Please approve the attached approval in the
amount of $4960.00 listing the scope of work requested by PageSoutherlandPage Engineers to
complete the design of the water quality pond.
Please call me if you have any questions.
Public Works Department
Agreement for Consulting Services for
Geotechnical Engineering Evaluation Services
with Professional Service Industries, Inc.
AGREEMENT made as of the 1i w" 03 day of the month of
Thousand Four.
(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.
11500 Metric Boulevard, Suite 430
Austin, Texas 78758-4043
For the following Project:
(Include detailed description of Project.)
in the year Two
Geotechnical engineering evaluation services to perform a subsurface exploration and geotechnical evaluation at the site of
the proposed East Water Quality Pond at the southwest quadrant of McNeil Road and Mays Avenue in the City of 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
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 geotechnical engineering evaluation services from PSI on the site of
the proposed East Water Quality Pond at the southwest quadrant of McNeil Road and Mays Avenue in the City of
Round Rock, Texas.
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
The subject project will consist of the construction of a Water Quality Pond at the southwest quadrant of McNeil Road
and Mays Avenue, and the proposed pond will extend to a depth of approximately nine feet (9') below the existing site
grades. The current plans include the use of a one foot (1') thick clay liner. The easterly side of the proposed pond is
approximately fifteen feet (15') west of the toe of an ascending fill slope which supports Mays Avenue.
1.1.2.3 City's Program is:
(Identify documentation or state the manner in which the program will be developed.)
1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters for the agreed Scope of Services are as follows:
The fee for PSI's geotechnical engineering evaluation services shall not exceed the maximum sum of $4,960.00,
comprised of the following services:
Subsurface Exploration Services
• Sampling and testing of the subsurface materials and observations of the groundwater conditions
in the vicinity of the proposed Water Quality Pond to depths that would significantly affect or be
affected by excavation.
• Identification of the physical and engineering characteristics of subsurface materials encountered
during the sampling and testing.
• Evaluation of the proposed excavated slope angles.
• Preparation of a final report presenting findings and recommendations regarding construction.
The subsurface materials and groundwater conditions in the vicinity of the proposed Water Quality Pond
shall be explored by drilling test borings using truck -mounted drilling equipment. PSI shall drill three (3)
test borings in the vicinity of the proposed pond to depths of approximately fifteen feet (15') to twenty feet
(20') below the existing grades.
The subsurface exploration shall include a laboratory testing program of the samples obtained to evaluate
the classification, strength, plasticity, grain size and other characteristics of the subsurface materials
encountered.
The results of the subsurface exploration, including the results of the laboratory test program, shall be
presented in a written report reviewed and sealed by a Professional Engineer registered in the State of
Texas.
PSI certifies that its laboratories are equipped with modern soil testing apparatus, that field exploration
programs are conducted with modern drilling equipment, and that field and laboratory testing is performed
by trained, qualified technicians under the guidance and supervision of professional engineers.
Project Cost Breakdown and Schedule of Services and Fees
As delineated on attached Exhibit "A" attached hereto and incorporated herein for all appropriate
purposes.
1.1.2.6 The time parameters are:
(Identi jy, if appropriate, milestone dates, durations or fast track scheduling.)
Eighteen (18) months 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:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.)
1.1.3 PROJECT TEAM
1.1.3.1 City's Designated Representative is:
(List name, address and other information.)
2
Larry Madsen, Liaison Construction Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5552
Facsimile: 512-218-5563
larrym(u,round-rock.tx.us
1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review PSI'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
1.1.3.3 City's other consultants and contractors are:
(List discipline and, ifknown, identify them by name and address.)
Unknown at this time.
1.1.3.4 Consultant's Designated Representative is:
(List name, address and other information)
Arnie K. Hammock, P.E.
Branch Manager
11500 Metric Boulevard, Suite 430
Austin, Texas 78758-4043
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and, if known. identify them by name and address)
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 or City Manager action.
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.
1.2.23 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.
3
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
1.3.1.1 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.
1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
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.
4
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 or City Manager
action.
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.
1.3.4.3 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 1.3.8.
1.3.7 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
5
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.
1.3.7.3 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.
1.3.7.5 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.
1.3.7.6 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.
1.3.7.7 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.
1.3.7.8 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.
1.3.7.9 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.
1.3.7.10 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.
1.3.7.11 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.
1.3.8 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.
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 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
6
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.
1.3.9 PAYMENTS TO CONSULTANT
1.3.9.1 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 part of the Agreement.)
Exhibit "A" delineating Project Cost Breakdown and Schedule of Services and Fees.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 13 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 identify Principals and
classify employees, if required. Identify specific services to which particular methods of compensation apply)
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 'h%) 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
7
(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:
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.
8
(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 either its Mayor or City Manager, duly authorized to execute the same in its behalf, 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:
CITY OF ROUND ROCK, TEXAS
By:
ATTEST:
),k,a
Christine R. Martinez, City Secretary
APPO ED AS TO FORM:
L
Stephan . Sheets, City Attorney
•
9
CONSULTANT:
PROFESSIONAL SERVICE INDUSTRIES, INC.
By: iz
Arnie K. Han nock, P.E.
PROFESSIONAL SERVICE INDUSTRIES, INC.
Schedule of Services and Fees
Geotechnical Engineering Services
Effective January 1, 2004
ENGINEERING
Engineering and technical services for preliminary reconnaissance. boring layout, delayed water levels, backfilling of borings, evaluation, field
supervision, analysis, recommendations, reporting and consultation:
Chief Geotechnical EngineerPer Hour S 140.00
Regional Geotechnical Engineer Per Hour 5 120.00
Senior Geotechnical Engineer Per Hour 5 110.00
Graduate Geotechnical Engineer...._ Per Hour S 10.00
Engineering Technician Pcrliour S 45.00
Clerical Per Hour S 25.00
CAD Services Per Hour 5 40.00
A transportation charge of $0.42/nule and pct diem charge of 560.00/mao/day will be added, if applicable.
DRILLING
Mobilization and moving of drilling equipment on and offsite each way: Per Mile S 2,50
Per Minimum $ 275.00
Auger drilling without sampling:
Depth, Feet Sail Drilling Rock Coring
0.25 Per Linear Foot S 14,00 S 16,00
25-50 Per Linear Foot S 16.00 $ 20.00
50-100 Per Linear Foot 5 18.00 S 30,00
100+ Quoted Upon Request
Soil sampling as required with split -barrel or thin wall tube (Shelby Tube) sampler:
Depth, Feet
0-25 Per Sample
$ 10.00
25-50 PcrPer SSaamplee S 12.00
50-100 mpl $ 20.00
100+ Quoted Upon Request
Additional Charge for Special Equipment or Expendable Supplla:
All terrain vehicle mounted drill rig Pcr Day S 690.00
'Mobilize all terrain vehicle to site Per Mile S 3.50
*Air compressor, hoses, filters, fuel Cost Plus 15%
(utilized for rock core dulling)
Special and/or insitu testing.
Dennison or Piston Sampler Each S 7500
Other insitu testing with special equipment. Quoted Upon Request
Cost of special equipment or permits for moving
drilling equipment about the site . At Cost Plus 15%
LABORATORY TESTING
Visual Classification Each 5 5.00
Moisture content tests Each 5 5,00
Density determinations Each S 20.00
Unconfined compression tests w/o stress versus strain curve Each 5 30.00
Anerbcrg limits determination Each S 50.00
Percent swell tats Each S 120.00
Swell pressure tats Each S 150.00
Permeability testing. Falling or Constant Head Each. S 325.00
Grain size analysis, mechanical Each $ 45.00
Percent passing 8200 sieve Each S 45.00
Consolidation Each 5 350,00
Triaxial shear testing
a. Unconsolidatcd-undrained Per Point 5 120,00
h. Consolidated -undrained Per Point S 350.00
e, Consolidated -drained Per Point S 350.00
Moisture -density relationship
a. ASTM D698 (Standard Proctor) Each $ 145.00
b. ASTM D15S7 (Modified Proctor) Each S 145.00
c. TEX 113E _.__ Each s 145.00
California Bearing Ratio w/o moisttrredensity relationship Each S 435.00
REMARKS Services and fees not listed above will be quoted upon request. All test methods as pct published ASTM. TicDOT or COE methods.
Facsimile report copies are charged at 515.00 each plus 50.40 per page. Overnight mail service at cast plus 15%.
PROJECT COST BREAKDOWN
Item Quantity Unit Price Total
1. Mob/Demob (min)
2. Soil Angering (0-25')
3. Engineering Technician (hr)
4. Atterberg Limits (ea)
5. Unconfined Compression and
Unit Dry Weight (ea)
6. % Pssing No. 200 Sieve/Hydrometer (ea)
7. Permeability Test (ea)
8. Moisture/Density Relationship (ea)
6. Graduate Engineer (hr)
7. Senior Geotechnical Engineer (hr)
8. Chief Engineer (hr)
9. Final Report preparation
1
175.00 175.00
60 14.00 840.00
8
45.00 360.00
6
50.00 300.00
6
50.00 300.00
2
145.00 290.00
2
325.00 650.00
145.00 145.00
14 80.00 1,120.00
4
110.00 440.00
1
140,00 140.00
1
200.00 200.00
TOTAL ESTIMATED
PROJECT COST 54,960.00