CM-12-01-018Item Caption:
C01 --11---C1-018 RECEIVE`
JAN 2 5'2017
City Manager Approval Form
Consider executing an agreement for geotechnical services for the Sports Complex Project with
Professional Service Industries.
Approval Date: January 27, 2012
Department Name: General Services
Project Manager: Larry Madsen
Assigned Attorney: Steve Sheets
Item Summary:
Consulting services include providing geotechnical services, such services to include observation and testing of the following;
field services - drilling rig mob/demob, soil augering, rock coring, shallow pavement excavations, and services of a field
technician; laboratory testing services - Atterberg limit tests; sieve tests, unconfined compression tests, and particle size analysis;
and engineering analysis and reporting services.
No. of Originals Submitted: 2
Project Name: Round Rock Sports Complex
Cost: $14,750.00
Source of Funds: General Self -Financed Construction
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Date:
Department Director Approval: Date:
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑� Budget ❑l I I Purchasing[11 Accounting ❑1
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
Agreement for Consulting Services
for Geotechnical Services for the
City of Round Rock Sports Complex Project
with Professional Service Industries, Inc. (PSI)
AGREEMEN made as of th !'[ SPIN', % Z 34r day of the month of �(/ in the year Two
Thousand Gi�GI �1/l/ei'. !/t •
7UU/Ct.
(!n words, indicate day; month and year.)
BETWEEN the City of Round Rock, Texas identified herein as "City":
(Warn, address and other infonsailon.)
City of Round Rock
221 East Main Street
Round Rock, Williamson and Travis Counties, Texas 78664
and Consultant, identified herein as "Consultant" or "PSI":
(Name, address and oilier Information.)
Professional Service Industries, Inc. (PSI)
2600 McHale Court, Suite 125
Austin, Texas 78758
For the following Project:
(include detailed description of Project) --
Consulting services including providing geotechnical services, such services to include (by way of illustration and not
limitation) observation and testing of the following: field services - drill rig mob/demob, soil angering, rock coring, shallow
pavement excavations, and services of a field technician; laboratory testing services - Atterberg limit tests; sieve tests,
unconfined compression tests, and particle size analysis; and engineering analysis and reporting services requiring the
services of graduate engineers, senior geotechnical engineers, chief engineers, and reporting. All such services shall be on
site of said project located in Round Rock, Texas, and all such services shall be provided in accordance with PSI Proposal
Number 53614 -REV, dated November 21, 2011, which is a part of Exhibit "A" attached hereto and incorporated herein by
reference for all purposes.
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 i►en,s by inserting the requested information or a statement such as "not applicable." "unknown at time of
maroon" or "to be determined later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Ident(fr or describe, Ifapproprlate, proposed use or goals.)
Objectives include, but are not limited to, obtaining geotechnical consulting services from PSI including providing
geotechnical services on site of the Sports Complex Project for the City of Round Rock.
1.1.2.2 The physical parameters are:
(ldentlh' or describe, ((appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports abort the site)
1.1.2.3 City's Program is:
(Idem& docrrmentailot or state the manner in which the program will be deteloped.)
1.1.2.4 The legal parameters are:
(Iden;& pertinent legal information, including, lfappropriate, land surreys s and legal descriptions and restrictions ofdee site.)
00240196/jkg/rcvised 1/11/12
CM - (2 —off —o t 8
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for PSI's consulting services shall be $14,750.00, comprised of the following
services: See Exhibit "A" attached hereto and incorporated herein for all appropriate purposes.
Hourly rates are portal to portal from PSI's offices, 2600 McHale Court., Suite 125 in Austin, Texas, with a minimum of
three (3) hours per callout.
Services directed by City to be performed outside the hours of 7:00 am to 5:00 pm or over eight (8) hours per day on
weekdays and anytime on weekends or official federal holidays may be billed at an overtime rate of 1.5 tunes the rates
listed herein.
A $50.00 charge may be applied to each site visit scheduled less than six (8) hours in advance.
Laboratory testing other requiring overtime, weekend or holiday work may be invoiced at applicable test rates plus
Engineering Technician and/or Senior Engineering Technician overtime charges.
Services cancelled less than eight (8) hours in advance will be charged a three (3) hour minimum show -up fee and
transportation charge. A Nuclear Density Gauge charge will be applied when applicable.
A transportation charge of $0.55 per mile will apply for all fieldwork, with a minimum of $40.00 per trip.
A two (2) hour Administrative Assistant fee will be charged for Initial Project Set-up.
Services and fees not listed above will be quoted upon request.
Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based
upon increases in the national average gasoline price.
Invoices shall be submitted monthly for work done in 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:
(1dentijj, ((appropriate, milestone dates, durations or first tmcksched:ding)
One hundred eighty (180) calendar days 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:
(1denlji ' 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:
(ldenth'special characteristics or needs of the Protect such as energy, environmental or historic presenrtion requirements.)
1.1.3 PROJECT TEAM
1.1.3.1 City's Designated Representative is:
(List name, address and other information.)
Larry Madsen, Liaison Construction Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-5552
Facsimile: 512-218-5563
Iarrym@around-rock.tx.us
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1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review Consultant's
submittals to City are:
(List name, address and other information.)
City Manager
221 East Main Street
Round Rock, Texas 78664
1.1.3.3 City's other consultants and contractors are:
(List discipline and, if known, idemi' 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.
District Manager
2600 McHale Court, Suite 125
Austin, Texas 78758
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and Ifknomn, Idenlh, them by BOW 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 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.
11.2.3 City's Designated Representative identified in Section 1.1.3.1 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 fumish 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.
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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 the performance of
services which initially shall be consistent with thne periods established in this Agreement and which inay 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. Tinie 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.
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 sitnilarly 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.
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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
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the fmal
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.
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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 thirty (30) 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 thirty (30) 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 1.3.8.2 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
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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 otherdocmnnents, Jany; forming part of the Agreement)
Exhibit "A"
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 rales and multiples of Dina Personnel Expense for Principals and employes, and idenuh' Principals and
classh• employees, if required /denth'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.)
(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 Protect and elsewhere may °Sect the validity of this provision. Spec f c 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 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 lav
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.
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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 it 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:
(I) 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:
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 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 insurance required herein 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.
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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 PSI, 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
Printed Name
Title:
Date: `/
FOR CITY, ATTEST:
C��f�'rVv
littOtt
Sara L. White, City Clerk
FOR I . Y, APPROVED TO FORM:
Stephan
Sheets, City Attorney
9
CONSULTANT:
PPOFESSIONAL SERVICE INDUSTRIES, INC. (PSI)
By: i e
Printed Name: Amie'K. ammo
Title: District Manager
Date:
r��` Information.
t .ToBuald On
Englneedng • Consenting •'Meting
City of Round Rock
221 Fast Main Street
Round Rock, Texas 78664
Attn. Mr. Larry Madsen
Construction Manager
Dear Mr. Madsen,
November 21, 2011
Re: Proposal - Geotechnical Engineering Services
Proposed Round Rock Sport Park
2400 Chisholm Trail
Round Rock, Texas
PSI Proposal No. 53614 -REV
Professional ServiceIndustries, Inc. (PSI) is pleased to submit this proposal to perform a
Geotechnical Engineering Evaluation for the above referenced project. PSI understands that our
firm has been selected to provide Geotechnical Engineering Services for the City of Round Rock
based on previous experience and qualifications. The Geotechnical Engineering Evaluation will be
conducted to provide information needed in the design of cost effective foundation and pavement
systems for the proposed project.
Proiect Understanding
Based on information provided by MarmonMok Architecture and our review of an untitled
concept plan, PSI understands that the proposed project will consist of the development of a Sport
Park facility measuring approximately 20 acres in size. The proposed Sport Park is to be located at
2400 Chisholm Trail in Round Rock, Texas. •
The proposed Sport Park will consist of the following:
• Gym Facility — tall one-story/two-story structure measuring approximately 102,000
square feet in plan area, with Multi-purpose, concession, and storage areas.
• Plaza Area — Approximately 65,000 square feet
• Two (2) Detention Ponds — One (1) in the northwest portion of the site measuring
approximately 85,000 square feet in plan area. One (1) to the west of the gym
measuring approximately 35,000 square feet in plan area with landscaping.
• Associated Parking and Drive areas
EXHIBIT
Professional Service Industries„ Int • 2600 McHale Court, Suite uA a 1-0200 • Fax 512.491-0221
Proposed Round Rock Sport Park -
PSI Proposal No. 53614 -REV
November 21, 2011
Page 2 of 10
It is anticipated that the gym structure will be of steel frame construction with maximum
column loads on the order of 280 kips. PSI anticipates that the preferred foundation system for the
proposed structure will be either a shallow footing or drilled pier foundation system utilized in
conjunction with a soil supported floor slab. It is also anticipated that proposed parking and drive
areas will be constructed with either flexible asphaltic or rigid concrete pavement.
The site was previously occupied by a lumber distribution facility; there are currently
nine (9) structures on-site and the surface of the site is covered with flexible asphaltic pavement.
PSI understands that two (2) of the existing structures will remain in place and be re -purposed
while the remainder of the existing site improvements and structures will be demolished. The
possible re -use of on-site materials is to be evaluated.
. PSI is familiar with the subsurface conditions in the project 'vicinity having
previously performed geotechnical investigations for the Holiday Inn and CVS Pharmacy
located adjacent to the project site. Based on our experience and information obtained from
the Geologic Atlas of Texas. Austin Sheet reprinted in 1981, the site is located in an area where
the Del Rio Clay and Georgetown Formation, undivided (Kdr) is present at or near the ground
surface. The Del Rio Clay generally consists of calcareous and gypsiferous clay, blocky, medium
gray to yellowish gray in color. The Georgetown Formation generally consists of limestone and
marl with some thin beds of highly calcareous siltstone and marly limestone, typically gray to
light brown in color with little porosity. The Georgetown formation is typically overlain by high
plasticity clays.
Proposed Scope of Services
PSI's Scope of Services for this phase of the project will include the following services:
• Testing of the subsurface materials that would significantly affect or be affected by
the foundation or pavements by drilling test borings.
• Identification of the physical and engineering characteristics of the subsurface
materials encountered during the sampling and testing.
• Recommendations of the type or types of foundations which would be suitable for the
proposed project and provision of data for use in foundation design and construction.
• Recommendations for the design of both flexible asphaltic and rigid concrete
pavement systems for the proposed parking and drive areas.
Proposed Round Rock Sport Park
PSI Proposal No. 53614 -REV
November 21, 2011
Page 3 of 10
Field Services
It is proposed to explore the subsurface materials and groundwater conditions at the subject
site by drilling test borings using truck mounted drilling equipment. As requested, PSI will drill a
total of 14 test borings for the proposed project. The following table provides the proposed structure
area, quantity, and test boring depths:
PSI proposes to drill a total of 370 linear feet for this investigation. Upon completion of
drilling operations and obtaining delayed groundwater observations the test borings will be
backfilled with soil/rock cuttings and capped with temporary asphalt patch. PSI also proposes to
perform three (3) shallow excavations within the existing pavement areas to determine thickness of
existing pavement materials and quality of underlying base material.
Laboratory Services
The evaluation will include laboratory testing of the samples previously obtained to evaluate
the classification, strength, plasticity, grain size and other characteristics of the subsurface materials
involved. PSI laboratories are equipped with modem soil testing apparatus, and field exploration
programs are conducted with modem drilling equipment. Laboratory testing is performed by
trained, qualified technicians under the guidance and supervision of professional engineers.
Engineering Analysis and Reporting
PSI is familiar with the subsurface conditions in the vicinity of the subject site and has
participated in the planning, development and execution of foundation evaluations near the project
site. In addition, PSI engineers have provided recommendations for foundation design criteria and
construction considerations for projects similar to the one proposed
The results of our subsurface exploration and laboratory tests will be evaluated, and an
engineering analysis will be performed to develop recommendations for the design of foundation
systems, pavement systems, building area subgrade preparation, and general site development. A
report reviewed and signed by a Professional Engineer, presenting the results of our field
exploration and laboratory testing will be prepared.
Test Borings
Structure
Quantity
Depth (ft) (each)
Total Depth (ft)
Gym
9
30-40
320
Parking and Drive Areas
5
10
50
TOTAL
14
---
370
PSI proposes to drill a total of 370 linear feet for this investigation. Upon completion of
drilling operations and obtaining delayed groundwater observations the test borings will be
backfilled with soil/rock cuttings and capped with temporary asphalt patch. PSI also proposes to
perform three (3) shallow excavations within the existing pavement areas to determine thickness of
existing pavement materials and quality of underlying base material.
Laboratory Services
The evaluation will include laboratory testing of the samples previously obtained to evaluate
the classification, strength, plasticity, grain size and other characteristics of the subsurface materials
involved. PSI laboratories are equipped with modem soil testing apparatus, and field exploration
programs are conducted with modem drilling equipment. Laboratory testing is performed by
trained, qualified technicians under the guidance and supervision of professional engineers.
Engineering Analysis and Reporting
PSI is familiar with the subsurface conditions in the vicinity of the subject site and has
participated in the planning, development and execution of foundation evaluations near the project
site. In addition, PSI engineers have provided recommendations for foundation design criteria and
construction considerations for projects similar to the one proposed
The results of our subsurface exploration and laboratory tests will be evaluated, and an
engineering analysis will be performed to develop recommendations for the design of foundation
systems, pavement systems, building area subgrade preparation, and general site development. A
report reviewed and signed by a Professional Engineer, presenting the results of our field
exploration and laboratory testing will be prepared.
Proposed Round Rock Sport Park
PSI Proposal No. 53614 REY
November 21. 2011
Page 4 of -10
Our Geotechnical Report will include the following:
• A review of surface topographical features, geologic features, and site conditions
• Logs of test borings presenting subsurface stratigraphy with pertinent available
physical properties and ground water conditions
• A plan showing the locations of the test borings
• Seismic design site classification per the International Building Code
• Recommendations for building pad preparation for ground supported slabs
having a maximum movement potential, due to heave or settlement, of 1 -inch
• Recommendations for design of foundations to be used for support of the proposed
structure, including the anticipated magnitude of total foundation settlement and
differential settlement between adjacent foundation elements
• Recommendations for site excavation, fill compaction, use • of on-site and
imported fill material
• Recommendations for flexible pavement profile thicknesses and subgrade modulus
and support characteristics for rigid concrete pavement systems.
A report presenting the results of our field exploration and laboratory testing will be
prepared and three (3) copies provided in approximately 25 working days after authorization to
proceed is received. The geotechnical report will include the results of the field exploration and
laboratory tests and will be reviewed by a professional engineer.
Proposed Round Rock Sport Park
PSI Proposal No. 53614 REV
A'ovember 21, 2011
Page 6 of 10
PROJECT COST BREAKDOWN
GEOTECHNICAL SERVICES
Item
Quantity Unit Price Total
Field Services
1. Drill Rig Mob/Demob (Is)
2. Soil Angering (ft)
3. Rock Coring (f})
4. Field Technician (hr)
5 Shallow Pavement Excavations (ea)
Subtotal
Laboratory Testing Services
6. Atterberg Limit Tests (ea)
7. 4200 Sieve Tests (ea)
8. Unconfined Compression Tests (ea)
9 Particle Size Analysis (ea)
1
500.00 500.00
185 16.00 2,960.00
185 21.00 3,885.00
24. 50.00 1.200.00
3
275.00 825.00
$9,370.00
20 50.00 1,000.00
4
50.00 200.00
18 50.00 900.00
3
75.00 225.00
Subtotal $2,325.00
Engineering Analysis & Reporting Services
10. Graduate Engineer (hr)
11. Senior Geotechnical Engineer (hr)
12. Chief Engineer (hr)
13. Reporting (Is)
20 95.00 1,900.00
5
125.00 625.00
1
180.00 180.00
350.00 350.00
Subtotal $3,055.00
l'i'a7t ,:
TOTAL ESTIMATED
PROJECT COST
$14,750.00
ROUND ROCK SPORTS COMPLEX
Geotechnical Engineering Services
• Testing of the subsurface materials that would significantly affect or be affected by the
foundation or pavements by drilling test borings.
• Identification of the physical and engineering characteristics of the subsurface materials
encountered during the sampling and testing.
• Recommendations of the type or types of foundations which would be suitable for the proposed
project and provisions of data for use in foundation design and construction.
• Recommendations for the design of both flexible asphaltic and rigid concrete pavement systems
for the proposed parking and drive areas.
WORK SCHEDULE
1. Work is to be completed within 180 Calendar Days from written Notice to Proceed
given by the City of Round Rock.
CITY SERVICES
1. City will provide PSI with a site survey that will include building locations and easements.
2. City will provide access to the property to allow work to be completed in a timely manner.