CM-2003-008'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
ADDENDUM TO EXISTING LETTER OF AGREEMENT FOR
PROFESSIONAL TESTING SERVICES
CONSTRUCTION MATERIALS INCREASING SERVICj S
oLcth ct 0016 4200 fig)aco LI/
This addendum to the Letter of Agreement (LOA)4is made and entered into between Fugro South, Inc.
(FSI), Professional Geotechnical Engineering And Materials Testing, and The City of Round Rock
(CORR), acted into effective this &h day of October, -602' CORR and FSI agree
addendum as follows: ,41,t.,4 Lr" CO 3 . Lv,6
1. Professional Construction Materials Testing Services are increasing because increases in the
scope of the construction, and an increase in the scope of time with construction be done in
smaller task units which also increases the number of test required correctly monitor the
construction materials quality.
2. Services Performed By FSI. FSI agrees to perform all additional services in compliance with
the original LOA:
3. Services Performed By CORR. CORR agrees to perform all additional services in compliance
with the original LOA:
4. Compensation By CORR. CORR agrees to compensate FSI for said additional services as
follows:
Base Fee Based on the Unit Test amount in the original LOA with an increase not to
exceed: $ 778.00 (No Sales Tax), ($ 3,500.00 original LOA + $ 778.00 maximum increase =
$4,278.00 not to exceed total):
4. All other terms of the LOA are the same as the original LOA..
CORR:
City of Round Rock
By:
Typed
Name:
Title
Address:
Telephone:
Facsimile:
James R. Nuse
City Manager
221 East Main Street
Round Rock, Texas 78664
1-512-218-5401
1-512-218-7097
cl, : )O -L --O3
FSI:
Fugro South, Inc.
By:
Typed
Name:
Title
Address:
Telephone:
Facsimile:
Fugro South, Inc.
Page 1 of 1
r • ect Manager
8613 Cross Drive
Austin, Texas 78754
512-977-1800
512-973-9966
ROUND RUCK, TEXAS
Nana-. MS1ON. ROSPERir
LETTER OF AGREEMENT FOR
PROFESSIONAL TESTING SERVICES
CONSTRUCTION MATERIALS
This Letter of Agreement is made and entered into between Fugro South, Inc. (FSI), Professional
Geotechnical Engineering And Materials Testing, and The City of Round Rock (CORR), effective this
twenty-eighth 28 day of October, 2002. CORR and FSI agree as follows:
1. Services Performed By FSL FSI agrees to perform the following services:
Scope of Services to for Construction Materials Testing during the installation of Drainage
Improvements Downstream from LaFrontera Development
* Project Area: Beginning at a point in the centerline of Hesters Crossing Road, approximately
200' east from the intersection of Hesters Crossing Road and Dry Creek Road at the
centerline of a drainage channel, heading in northerly direction with the drainage channel
centerline, approximately 2800 feet, to the northeast corner of Lot 30, Block B, Chisholm
Valley, Section 5 (404 Buckboard Boulevard, Round Rock, Texas, 78681).
* FSI will perform field work that is supplemental to the development of the documentation for
this project in the observance of the CORR.
* FSI will collect all required materials samples from the shipments after or as they are to be
delivered to the site. The CORR will not accept reports on test made on samples taken at any
other location.
* FSI will test all of the materials as requested by the CORR.
* FSI will directly bill the Contractor for any failed test and service requested by the
Contractor.
* FSI will perform all of the test to the City of Austin Standard Test Procedures unless other
authorized by the project specification, this agreement, or the CORR.
* Each time Concrete Cylinders are to be made FSI will make four (4). These are to be broken
at the standard one (1) on the seventh (7th) day after and two (2) on the twenty-eighth (28)
day after. See CORR services for details on the fourth (4th) Concrete Cylinder. A third (3 )
day break will normally only be performed as an additional service for the Contractor, if the
Contractor requested additional Concrete Cylinder(s), at the Contractors Cost.
* FSI will provide the CORR verbal Nuclear Density Gauge (NDG) reports at the sight during
the time of the testing with a clear statement of pass or fail, follow up with a written report to
the CORR within five (5) business days (Sub -grade, Controlled Fill, Base, Hot Mix Hot Lay
Asphaltic Concrete (HMHLAC)).
* FSI will provide the CORR verbal lab protor test result reports within five (5) business days,
follow up with a written report to the CORR within seven (7) business days.
Fugro South, Inc.
1 Page 1 of 3
CV( 7t,
• FSI will perform direct read densities for HMF--ILAC Mat installation with the use of a NDG
during the installation process.
• FSI will core the H IHILAC, for measurement of the thickness, up to three times at each of
the location in the project. Location of the coring are to be set by the CORR. No Extractions
or Specific Gravity or other test or measurements are to be performed on the cores.
* FSI may provide additional services or testing for the contractor, at the contractor's direct
billing cost. These services to the contractor, for the contractor's benefit, may be do outside
of the site and CORR observance restrictions of this agreement. The results of this services
can not be submitted as documentation on the project.
2. Services Performed By CORR. CORR agrees to perform the following services:
* CORR agrees to provide FSI with a copy of plans, specification, modifications that effects
the testing for the project.
* CORR agrees to contact FSI the day before to schedule the performance of field services.
• CORR reserves the right to add, delete, and change the type, number, spacing, scheduling,
and location for the field material sampling and testing.
* CORR reserves the right to select if and when to have the additional concrete cylinder
broken.
3 Compensation By CORR CORR agrees to compensate FSI for said services as follows:
Base Fee Based on a Unit Test with a total not to exceed: $3,500.00 (No Sales Tax)
See attached fee schedule for the charges on each Unit Test.
4. Property. The property upon which the services herein described are to be performed is in the
drainage channel in between Hesters Crossing Road and one lot north of Buckboard Boulevard,
located in the City of Round Rock, Texas.
Authorization of Owner. As owner of the property, CORR hereby authorizes FSI to enter upon
the property for the purpose of conducting FSI's work thereon. If CORR is not the owner of the
property, CORR agrees to obtain such authorization from the owner and provide same in writing
to FSI.
6. Billing. All fees and other charges attributable to this Agreement will be billed by FSI at
complete of project and shall be due and payable within 45 days by CORR at the time of billing
at the address of FSI listed below.
7 Deliverables: All hard copies of the documents for this work are delivered to the Public Works
Department's Engineering Division, Virgil Schweitzer, 2008 Enterprise Drive, Round Rock ,
Texas 78664 (Voice Office 1-512-218-5555, & Fax 1-218-5563). All soft copies of the
Fugro South, Inc.
Page 2 of 3
- documents for this work are delivered via email % William J. Dobrowolski III, PE, to
wdobrowolski@round-rock.tx.us.
CORR:
City of Rou
By:
Typed
Name:
Title
Address:
Telephone:
Facsimile:
d Roc
Robert ' . Bennett, Jr.
City Manager
221 East Main Street
Round Rock, Texas 78664
1-512-218-5401
1-512-218-7097
FSI:
Fugro South, Inc.
By:
Typed
Name:
Title
Address:
Telephone:
Facsimile:
Tom ling, PE
Project Manager
8613 Cross Drive
Austin, Texas 78754
512-977-1800
512-973-9966
/Vito h -.1'e c f 4. 100/- 3o
Fugro South, Inc.
Page 3 of 3
Schedule 40.01 (Rev. June 2002a) -
GENERAL CONDITIONS FOR TECHNICAL SERVICES
1. Parties to This Agreement
CLIENT as used herein is the entity who authorizes performance of services by Fugro South, Inc. (FUGRO) under the conditions stated herein. FUGRO
as used herein includes, Fugro South Inc., its employees and officers, and its subcontractors and subconsuttants (including affiliated corporations).
2. On-site Responsibilities and Risks
2.1 Right -of -Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights -of -entry and obtain permits as required for FUGRO to perform the
fieldwork.
2.2 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations.
However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. If CLIENT desires
FUGRO to repair and/or pay for damages, FUGRO will undertake the repairs and add the pre -agreed cost to FUGRO's fee.
2.3 Toxic and Hazardous Materials. CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential
occurrence of toxic or hazardous materials, or Biological Pollutants (as defined in 9. below) at the site being investigated. If unanticipated toxic or
hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CLIENTs
expense. Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENT's acceptance of proposed safety
measures and fee adjustments.
2.4 Utilities and Pipelines. While performing FUGRO's field work, FUGRO will take reasonable precautions to avoid damage to subterranean and
subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such
structures, pipelines, and utilities that are not called to FUGRO's attention and/or correctly shown on plans fumished to FUGRO.
2.5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop -work authority over work by others. However,
FUGRO will conduct its work in a safe, workman -like manner, and will observe the work -site safety requirements of CLIENT that have been
communicated to FUGRO in writing.
3. Standard of Care
3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions in the same location.
3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that
FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRO, and FUGRO is not responsible for
the interpretation by others of the information developed.
4. Limitation of Remedies
To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or indirectly
related to FUGRO's work for CLIENT will not exceed an aggregate limit of $50,000 or the amount of FUGRO's fee, whichever is greater, regardless of the
legal theory under which remedy is sought. In the event CLIENT does not wish to limit FUGRO's remedy to this sum, and if CLIENT requests in writing
prior to acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount in exchange for an increase in scope and fee appropriate to
the project and remedy risks involved.
5. Invoices and Payment
At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon presentation
of FUGRO's invoice and is past due thirty (30) days from invoice date. CLIENT agrees to pay a financing charge of one percent (1 %) per month (or the
maximum rate allowable by law, whichever is less), on past due accounts, and agrees to pay attorneys fees or other costs incurred in collecting any
delinquent amount.
6. Data, Records. Work Product and Report(s). and Samples
Data, Records, Work Product and Report(s) are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a minimum
of two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain
samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRO otherwise. Upon CLIENTs
written request, for an agreed charge FUGRO will store or deliver the samples in accordance with CLIENTs instructions.
7. Indemnification
FUGRO and CLIENT shall indemnify each other from any claims, damages, losses, and costs, including, but not limited to, reasonable attomey's fees and
litigation costs, to the proportionate extent caused by each party's own negligence, including the negligence of the indemnifying party, and its employees,
affiliated corporations, officers, and sub -tier parties in connection with the project.
8. Consequential Damages
CLIENT and FUGRO each agree that neither of them will be liable to the other for any consequential damages incurred by either due to the fault of the
other, their employees, agents, or subcontractors. Consequential damages include, but are not limited to, Toss of use and Toss of profit.
9. Biological Pollutants
FUGRO's scope of work does not include the investigation, detection, or design related to the presence of any Biological Pollutants. The term "Biological
Pollutants" includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. CLIENT agrees
that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or indirectly by the
presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from any third party claim for
damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in writing prior to acceptance
of this Agreement, FUGRO will negotiate a greater limitation amount, and remove CLIENT's responsibilities, in exchange for an increase in fee to develop
an expanded scope of work to provide biological pollutant protection.
10. Acceptance of Agreement
These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO. FUGRO will not initiate
service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to initiate services
shall be considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all
preprinted terms and conditions on CLIENT's purchase order or purchase order acknowledgment forms are inapplicable to these GENERAL
CONDITIONS and FUGRO's involvement in CLIENT's project.
11. Termination of Contract
CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees to fully
compensate FUGRO for services performed including reimbursable expenses to the termination date, as well as demobilization expenses. FUGRO will
terminate services without waiving any claims or incurring any liability.
ACORD. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Aon Risk Services of Texas, Inc.
1330 Post Oak Blvd. Suite 900
Houston, Texas 77056
832 / 476-6000
G1(J wErsD/YY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED
Fugro South, Inc.
8613 Cross Park Drive
Austin, TX 78754
INSURER A:
INSURERS AFFORDING COVERAGE
Steadfast Insurance Co.
INSURER B:
Liberty Mutual Insurance Company
INSURER C:
INSURER D:
INSURER E:
Fidelity & Casualty of NY (MOAC)
eams ip ' u ua S n• erwfl ing ' ssoc. :ermua
COVERAGES
THE POLICIES OFT, INSURANCEM LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY CONTRACT OR OTHER DOCUMENT WITH O RESPECT TO WHICH THIS CERTIFICATE MAY ANY REQUIREMENT, TERM OR CONDITION OF
MAY PERTAIN, THE INSURANCE AFFORDED BY POLICIES
REDUCEDBYPAID CLAIMS.SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE POLICY EFFECTIVE j POLICY EXPIRATION
DATE (MM/DD/YY) ! DATE (MM/DD/YY)
EACH OCCURRENCE s
ILTR R TYPE OF INSURANCE
LT
GENERAL LIABILITY
A -X-11 COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
POLICY NUMBER
GEN'L AGGREGATE LIMIT APPLIES PER: (`
I PRO- I 1 LOC I
POLICY i JEST
AUTOMOBILE LIABILITY
B • ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
• HIRED AUTOS
• NON -OWNED AUTOS
BOG9301314-01"
LIMITS
10-01-02 i 10-01-03
1,000,000
FIRE DAMAGE (Any one fire) S
MED EXP (Any one person) S
PERSONAL & ADV INJURY I S
GENERAL AGGREGATE 1 S
1,000,000
2,000,000
PRODUCTS - COMP/OP AGG 15
1,000,000
AS 1-641-005066-022*
10-01-02 10-01-03
COMBINED SINGLE LIMIT
(Ea accident)
2,000,000
BODILY INJURY
(Per Terson)
BOD:LY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT S
OTHER THAN
AUTO ONLY:
EA ACC S
AGG S
EXCESS LIABILITY
A X-- OCCUR
DEDUCTIBLE
RETENTION S
CLAIMS MADE
E0G9301309-01 *
10-01-02 10-01-03
EACH OCCURRENCE S
5,000,000
AGGREGATE S
5,000,000
5
S
WORKERS COMPENSATION AND
6 EMPLOYERS' LIABILITY
C F11TI14?Machinery
D Excess Maritime
WC 1-641-005066-012""
H01005458
91836
10-01-02
10-01-02
02-20-02
10-01-03
10-01-03
11 02-20-03
S
X `'IC STATU- OTH-
TORY LIMITS ER
E.L. EACH ACCIDENT 5
-u
E.L. DISEASE - EA EMPLOYEE 5
1,000,000
E.L. DISEASE - POLICY LIMIT ' S
Limit of Liability
S975,000 XS 525,000
1,000,000-
1,000,000
ES PT N 0 RATIO S/LOCA NSNEHI XCL SIONS ADDED BY DO MENU EC ALPROVISIONS
R `blanket Amitional INnsured/Walver of Subrogation in ravor of ity or Kounnci�OCK nee required by written contract, but limited to the operations ofthe
Insured under said contract, and always subject to the policy terms, conditions,
Blanket Waiver of Subrogation in favor of City of Round Rockwhere required by written contract but limited to the operations of the Insured under said
contract, and always subject to the policy terms, conditions, and exclusions.
Worker's Compensation Includes United States Longshoremen & Harbor Workers' (USUHW) - Federal Statute Limits
Re: SH 45, Section 6
CERTIFICATE HOLDER I i ADDITIONAL INSURED; INSURER LETTER:
City of Round Rock
Attn: William Dobronolski, P.E.
2008 Enterprise Drive
Round Rock, Texas 78664
\;HSTNWFS1ISYS\CLIENTSWon\FUGRO\02-03 Certificates\Fugro SW Austin0l(Merged).doc-74
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B9EFFORE THE EXPIRATN
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITT
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHA
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS
REPRESENTATIVES. '^15 Days Excess Maritime 10 Days for non -pmt of premium
AUTHORIZED REPRESENTATIVE
0 AC: RD CORPOR TION 1`