CM-06-03-031DATE: February 17, 2006
SUBJECT: City Manager Approval - March 3, 2006
ITEM: Action authorizing the City manager to execute a Professional
Services Contract with Kleinfelder for construction and materials
observation and testing services in conjunction with Teravista
Parkway and Oakmont Drive.
Department: Engineering & Development Services
Staff Person: Danny Ha!den, P.E., City Engineer
Justification:
The scope of work consists of construction and materials observation and testing
including, but not limited to the following construction materials: Laboratory
testing, in place field nuclear density testing, and proof rolling observation;
Concrete compressive strength specimen sampling, testing and reporting; and,
Hot mix asphalt concrete (HMAC) testing and reporting.
Funding:
Cost: $35,610
Source of funds: 4B - RR Transportation Development Corp.
Outside Resources: Kleinfelder
Background Information:
Teravista Parkway and Oakmont Drive are being built in conjunction with the
Premium Outlet Mall. The developer has an agreement with the City that they will
build Teravista Parkway and Oakmont Drive, and we will reimburse them for the
construction of the streets upon completion of the project. Since we would be
reimbursing them for the testing as well as the construction of the streets, we felt
that we should hire the testing lab so that we could oversee the construction and
materials observation and testing. Materials testing is performed to ensure that a
project is built according to the City's standards and specification.
Kleinfelder is currently working in the vicinity and they are familiar with City of
Round Rock procedures and requirements.
Public Comment: N/A
Request for City Council/City Manager Action
City Council GI City Manager
Submit completed form for all City Manager and City Council approvals.
MAR O , 2006
For Administration Use ONLY
Receive
01143--01
Tag #
Original Documents Received:
Department Name: EDS
Contact Person: Latha Kumar/Tiffany CaIley
Project
Manager/Resource: Danny Halden
Project Coordinator:
Assigned Attorney: Steve Sheets
Council or City Manager Approval Date:
Blue Sheet Wording
Project Name: Teravista Parkway and Oakmont Drive
Contractor/Vendor: Kleinfelder
Funding Source:
Amount:
Account Number:
3/3/2006
4B -RR Transportation Development Corp
$35,610.00
Action authorizing the City manager to execute a Professional Services Contract with Kleinfelder for construction and materials observation and
testing services in conjunction with Teravista Parkway and Oakmont Drive.
Finance Information
Is Funding Required?r,3.
Yes a No
Finance Approval
0
Supplemental Professional Svcs. A #
EDPurchasing/Service Agreement
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Purchase Order
Item(s) to be purchased:
Amount
35,610.00
Other (Please clearly identify action on lines below)
x❑Finance L. Olsen Date 3/1/2006
EJFinance N/A E. Wilson Date 3/1/2006
❑Purchasing Date
®Budget N/A CYD Date 2/28/2006
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
City Attorney Signature*: Date:
City Manager Signature: Date:
Legal Approval is required for all items.
Updated 2/16/06
Request for City Council/City Manager Action
City Council El City Manager
Submit completed form for all City Manager and City Council approvals.
For Administration Use ONLY
Received:
Tag #
Original Documents Received: 17..04°
Department Name: Engineering & Development Services Project Name: Teravista Parkway and Oakmont Drive
Contact Person: Latha Kumar/Tiffany Calley Contractor/Vendor:Kleinfelder
Project
Manager/Resource: Danny Halden, P.E. Funding Source: 4B -RR Transportation Development Corp
Project Coordinator: Amount: $35,610.00
Assigned Attorney: Account Number:
Council or City Manager Approval Date:
Blue Sheet Wording
3/3/2006
Action authorizing the City manager to execute a Professional Services Contract with Kleinfelder for construction and materials observation
and testing services in conjunction with Teravista Parkway and Oakmont Drive.
Finance Information
Is Funding Required? .1 Yes :i No
0
EJ
0
0
Purchasing/Service Agreement
Finance Approval
JFinance
EJFinance
®Purchasing
Budget
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
Purchase Order
Item(s) to be purchased:
Amount
35,610.00
Other (Please clearly identify action on lines below)
Date
Date
Date
Date
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature.
City Attorney Signature*:
City Manager Signature:
Legal Approval is required for all items.
Updated 2/16/06
Agreement for Consulting Services for
Construction Materials Inspection and Testing
for Teravista Parkway and Oakmont Drive Roadway Construction Projects
with Trinity Engineering Testing Corporation dba Kleinfelder
AGREEMENT made as of the
Thousand Six.
(h2 words, indicate day, month and year.)
( day of the month of ���� ' in
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 "Consultant" or "Kleinfelder":
(Name, address and other information.)
Trinity Engineering Testing Corporation, a Texas corporation,
dba Kleinfelder
3601 Manor Road
Austin, Texas 78723
For the following Project:
(Include detailed description o fProject.)
Consulting services including providing construction materials inspection and testing, such services to include but not be
limited to observation and testing of the following: compaction testing of fill materials, subgrade, and base; laboratory and
field testing of soils; laboratory and field testing of concrete and Portland cement concrete; laboratory and field testing of
structural steel and placement; laboratory and field testing of hot mix asphaltic concrete; miscellaneous testing including
masonry services, mortar strength, fireproofing observation, and firestopservices; ,project management/supervision and
administration duties; and report preparation services relative to the City of Round Rock projects described as construction of
approximately 5,300 linear feet of four -lane divided roadway for Teravista Parkway and Oakmont Drive, with associated
utilities, drainage systems, and HMAC surfacing, such construction projects located in Round Rock, Williamson and Travis
Counties, Texas. All such services shall be on the site of said projects or at other Locations as necessary.
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 consulting services from Kleinfelder including providing
construction materials inspection and testing on the site of the Teravista Parkway and Oakmont Drive projects located in
Round Rock, Texas.
1.1.2.2 The physical parameters are:
(tdentifi or describe, if appropriate, size., location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
1.1.23 City's Program is:
(Nen* documentation or state the manner in which the program will he developed.)
00096621/j kg
Cyn-o(ro3-c31
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 are as follows:
The total lump sum fee for Kleinfelder's services shall be $35,610.40, comprised of the following services;
Scope of Services Description:
See Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, the said Exhibit "A" containing
"Proposed Fee Schedule/Estimate" and work schedule.
Task I: Compaction Testing of Fill Materials, Subgrade,z and Base
Kleinfelder will provide a soil technician to implement a field monitoring and testing program to check that fill materials
are properly placed and compacted. As requested, Kleinfelder shall do the following: (I) review project specifications
and requirements regarding percent compaction and soil moisture content requirements, allowable fill/backfill materials,
testing frequency; (2) obtain samples of proposed material for laboratory evaluation; (3) observe and document subgrade
conditions prior to fill/backfill placement; (4) observe and document proof -rolling operations; (5) perform appropriate
field testing to determine in-place moisture/density conditions; (6) document field test locations; and (7) report failing
test results to City and Contractor's superintendent.
Task 2: Concrete Testing
As requested, Kleinfelder will provide a technician to implement an appropriate field and laboratory testing program to
confirm that the Portland cement concrete provided at the project site is in conformance with project specifications, that
it is properly placed, and report that the results meet the specified design strength requirements. As requested,
Kleinfelder shall do the following: (1) review project specifications and requirements regarding design
strength/identification, testing frequency, placement requirements; (2) observe and document reinforcement steel
placement; (3) perform appropriate field testing procedures to document slump, air and concrete temperature, air content
as specified; (4) observe and document placement procedures; (5) document field placement locations; (6) produce and
transport specified concrete test cylinders for laboratory testing; (7) laboratory curing and compressive strength testing
of test cylinders; (8) report results of field and laboratory test data and placement locations; and (9) notify City and
Contractor regarding failing field and laboratory test results.
Task 3: Hot Mix Asphaltic Concrete Testing
Kleinfelder will provide a technician to observe and test asphalt placement. As requested, Kleinfelder shall do the
following: (1) perform random observations and testing of the asphalt p pavement placement, to include
extraction/gradation tests, maximum specific gravity tests, Hveem stability tests, field density tests on drilled cores; (2)
prepare reports of field observations and tests; and (3) notify City, Project Manager, and Contractor regarding failing test
results.
Task 4: Project Management and Report Preparation
Kleinfelder will provide a Project Manager for general oversight, coordination with field technicians, telephone
consultations, and report reviews. The Project Manager will also be available to assist with engineering consultation and
resolution of problems, as requested and approved by City.
Kleinfelder will provide the administrative services to include project set-up, dispatch and scheduling services, word
processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance
invoicing and collections. Invoices will be prepared and submitted on a monthly basis in a format acceptable to City.
The Texas Prompt Payment Act provisions shall apply.
Miscellaneous Provisions
• City will require the services of Kleinfelder on a call -out testing basis. Kleinfelder requests twenty-four (24) hour
notifications to properly schedule work.
• A vehicle travel charge will be assessed for round-trip travel from Kleinfelder's offices to the project site, material
supplier, etc. and then back to Kleinfelder's offices. The charge shall be fixed at $30.00 per round trip per vehicle.
• Service charges are based on hourly rates stated in Exhibit "A" and will be assessedortal to
Kleinfelder's offices at 3601 Manor Road, Austin, Texas 78723. p portal from
• Any services provided on Saturdays, Sundays, holidays, and all work in excess of "normal" work hours, as herein
defined, will be charged at an overtime rate of 1.3 times the appropriate hourly rate. The parties evidence their
understanding that the projected cost of consulting services ($35,610.00) is based on the assumption that most
services will be provided during "normal" work hours, and that providing an excessive amount of services during
days and/or hours requiring overtime rates may increase the total cost of services indicated herein. On-site
cancellation outside of "normal" work hours will result in a two (2) hour minimum labor charge.
• "Normal" work hours are between 8:00 am and 5:00 pm, including travel time to and from the site unless stated
otherwise, Monday through Friday. A minimum of two (2) hours technician time will be assessed per call -out.
Overtime charges will be assessed after eight (8) continuous hours of service rendered during "normal" work hours.
• Invoices shall be submitted monthly for work done in a standard format acceptable to City. Invoices are due and
payable upon receipt, in accordance with Section 1.3.9.1 and Section 1.5.3 of this Agreement. The parties evidence
their understanding that this Agreement is performable in Williamson County, Texas.
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling)
Ten (10) months from Consultant's receipt of City's written Notice to Proceed, with no prohibition against renewal by
mutual agreement.
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.)
Danny Halden, P.E.
City Engineer, City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-6610
Facsimile: 512-218-5563
dhalden@round-rock.tx.us
1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review Kleinfelder'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
3
1.1.33 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)
Robert Wright, P.E.
Senior Project Engineer
Kleinfelder
3601 Manor Road
Austin, Texas 78723
Telephone: 512-926-6650
Facsimile: 512-926-3312
bwright@kleinfelder.com
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and, if known, identifj., them by name and address)
Unknown at this time.
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by City Council 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 fiurnish to Consultant, within fifteen (15) days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, City's other costs, and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with
respect to the Project. City or City's Designated Representative shall render decisions in a timely manner pertaining to
documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of
Consultant's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests,
inspections and reports required by law.
1.2.2.5 City shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies.
1.2.2.7 City shall provide Kleinfelder with an approved set of plans and specifications for the projects.
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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 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
ts
established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant r City.
Y
1.2.33 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.
1.23.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the
Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
13.1 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.
13.1.2 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 of Consultant's designs and work product under this
Agreement, completed or partially completed, shall be the property of City to be used as City desires, without restriction
on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976
(or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights
acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained
by Consultant.
1.3.2.2 Upon execution of this Agreement, Consultant grants to City permission to reproduce Consultant's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is
adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce
and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing, using and maintaining the Project.
1.3.23 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any
unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant.
133 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 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 Iocated, 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.
13.6 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
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when Consultant's services are substantially completed.
1.3.73 To the extent damages are covered by property insurance during construction, City and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between City and Contractor.
6
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 it 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 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 (1 5) 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
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 1.3.82 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City
7
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 alt 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, i f any,. forming part of the Agreement.)
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSATION
1.5.1 For Consultant's services as described herein, compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein.
1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted.
Such adjustment shall be calculated in an equitable manner.
(Insert basis of compensation, including rates and multiples qf 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 percent (1 %) 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.
Owners and Architects principal places of business, the location of the Project and elsewhere may a et the validity of this provision. Specific legal
advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and hold City, its officers, agents
and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any
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.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held b Cit to
any such future coverage, or to City's Self -Insured Retentions of whatever nature. y y'
1.7.3 Cost of Insurance. The cost of all insurance required to be secured and maintained by Consultant shall be
borne solely by Consultant, with certificates of insurance evidencing such coverage in force to be filed with City.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name
by its Mayor or City Manager, duly authorized to execute the same in its behalf, and by the duly authorized
representative of Kleinfelder, 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 R CK, TEXAS
By:
TEST:
Christine R. Martinez, City Secretary
10
CONSULTANT:
TRINITY ENGINEERING TESTING CORPORATION,
a Texas corporation, dba KLEINFELDER
By:
Printed Name:
Title: J
APPR I VE AS TO FORM.
4
1:1:-.."11:11,', A
Stephan I eets, City Attorney
PROPOSED FEE SCHEDULE/ESTIMATE
Teravista Parkway and Oakmont Drive
2/13/2006
Service Description
SOILS TESTING
Laboratory Testing
Moisture -Density Analysis, TEX-113-E 4 ea. $ 200.00 $ 800.00
Atterberg Limits
Sieve Anal/Fine+wash 4 ea. $ 65.00 $ 260.00
4 ea. $ 65.00 $ 260.00
Estimated
Quantity
Unit Price
Estimated
Total Amount
Field Testing
Soil Sampling
6 hrs. $ 45.00 $ 270.00
Foundation/Excavation Observation 0 hrs. $ 45.00 $
Compaction Testing/Nuclear 208 hrs. $ 45.00 $ 9,360.00
Nuclear Density Tests (Min 3) 490 ea. $ 20.00 $ 9,800.00
Vehicle Charge
86 trip(s) $ 30.00 $ 2,580.00
Subtotal: $ 23,330.00
CONCRETE TESTING
Laboratory Testing
Concrete Compression Test - C-39 20 ea. $ 16.00 320.00
Field Testing
Concrete Services
Rebar Placement Observation 8 hrs. $ 45.00 $ 360.00
Vehicle Charge 0 hrs. $ 45.00 $ -
4 trip(s) $ 30.00 $ 120.00
Subtotal: $ 800.00
STRUCTURAL STEEL
Steel Services
Ultrasonic Testing
Ultrasonic Testing Equipment/Day
Vehicle Charge
AUS6P059
Copyright 2006 Mink!der
Alt Rights Reserved
0 hrs. $ 65.00 $
0 hrs. $ 65.00 $
0 ea. $ 100.00 $
0 trip(s) $ 30.00 $
Subtotal: $
EXHIBIT
Page 1 at 2
PROPOSED FEE SCHEDULE/ESTIMATE
Teravista Parkway and Oakmont Drive
2/13/2006
Estimated
Service Description Cuanti Unit Price
HOT MIX ASPHALTIC CONCRETE
Laboratory Testing
Cores, Asphalt
Max Theoretical Specific Gravity D-2041
Density Test -Core Method
Extraction with Gradation
Hveem Stablity - Set of 3
Field Testing
Asphalt Services
Vehicle Charge (Per Trip) 40 hr. $ 60.00 $ 180.00
5 trip(s) $ 30.00 $ 60.00
Subtotal: $ 9,640.00
Estimated
Total Amount
20 ea. $ 50.00 $ 1,000.00
20 ea. $ 50.00 $ 1,000.00
20 ea. $ 35.00 $ 700.00
20 ea. $ 225.00 $ 4,500.00
20 ea. $ 110.00 $ 2,200.00
MISCELLANEOUS TESTING
Masonry Services
Mortar Strength .. C-109
Fireproofing Observation
Firestop Services
Vehicle Charge
O hrs. $ 45.00 $
O ea. $ 16.00 $
O hrs. $ 65.00 $
O hrs. $ 65.00 $
0 trip(s) $ 30.00 $
Subtotal: $
PROJECT MANAGEMENT/SUPERVISION
Project Management, Professional Engineer 16
Consultation/Meetings, Professional Engineer 0 hrs. $ 115.00 $ 1,840.00
hrs. $ 115.00 $
Data Management/Evaluation, EIT
0 hrs. $ 95.00 $
Subtotal: $ 1,840.00
Total Estimate: $ 35,610.00
As itemized above, the estimated cost of this work is $35,610. This
information available to us and represents our best estimate of the time required
Band numberstimate is based on
Additions or deletions to this workscope will be adjusted based on the established unit and of tests.
total estimate will not be exceeded withoutprior a prices shown. This
services is 2 hours. approval of the client. Minimum charge for hourly
AUS6P059
Copyright 2006 Kteinfelder
All Rights Reserved
Page 2 of 2
72
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OAKMONT DRIVE
500'
TERAVISTA PARKWAY AND
OAKMONT DRIVE
LOCATION MAP
"ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY.