CM-12-04-061Ci-"iz -.€'f--b ca(
RECEIVED
Pitadtal. APR 111011
City Approval Form
Item Caption: Consider executing agreement for geotechnical services with Terracon Consultants Inc.
Approval Date: April 26, 2012
11
Department Name: Transportation Department
Staff Person making presentation w/ Title: Gary Hudder, Transportation Director
Assigned Attorney: Steve Sheets
Item Summary:
As part of the La Frontera Development, streets were approved for construction in March of 1999 by the City Council and
constructed by 35/45 La Frontera, L.P. Currrently the streets along Hester's Crossing Road from Dry Creek Drive to County Road
172; La Frontera Boulevard from Hester's Crossing Road to SH 45; and the intersection of Sundance Parkway and Kouri Drive
show failures of heaving and depressions in areas where underground utilities and infrastructure exist. The purpose of this
rehabilitation and reconstruction project is to restore the condition of these critical arterials near a major retail center in order to
enhance safety and mobility in the area.
The contract with Terracon Consultants, Inc. provides for the requested construction materials observation and testing services
for this project on an "as requested" basis for earthwork, concrete, and asphalt during construction.
No. of Originals Submitted: Two
Project Name: Hester's Crossing and La Frontera Boulevard Improvements
Cost: $40,000
Source of Funds: RR Trans Dev Corp Construction
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 4/10/12
Department Director Approval: Gary Hudder Date: 4/9/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP 111 Budget ❑ i l Purchasing E ❑ Accounting 111
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
Nester's Crossing / La Frontera Boulevard Improvements
with Terracon Consultants, Inc.
AGThoEEd EN MENT a a as f { IYT+L11
(13) day of the month of P 1
an words, indicate day, month and year.)
BETWEEN the City of Round Rock, Texas identified herein as "City":
(Nameaddress and other information.)
City of Round Rock
221 East Main Street
Round Rock, Williamson and Travis Counties, Texas 78664
and Consultant, identified herein as "Consultant" or "Terracon":
(Name, address and other information)
Terracon Consultants, Inc.
5307 Industrial Oaks Boulevard, Suite 160
Austin, Texas 78735
in the year Two
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: earthwork observation/testing including sampling and soils testing,
periodic observation of earthwork operations, and moisture -density testing of subgrade and compacted fills; on-site concrete
observation/testing including sampling concrete, and conducting slump and concrete compressive strength tests; and asphalt
observation/testing including limited laboratory testing and observation during paving, observation of the asphalt paving
operations, sampling asphalt and conducting laboratory tests. 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 Terracon Consultants, Inc. Proposal Number
P96120281, dated March 16, 2012, 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 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:
(ldent(fy or describe, (fapproprlate, proposed use or goals.)
Objectives include, but are not limited to, obtaining geotechnical consulting services from Terracon including providing
geotechnical services on site of the Hester's Crossing / La Frontera Boulevard Improvements Project for the City of
Round Rock.
1.1.2.2 The physical parameters are:
(Identify or describe, (fappropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.)
1.1.2.3 City's Program is:
(Idem& docmnenlation or state the manner in which the prograut will be developed.)
1.1.2,4 The legal parameters are:
(Ident(fypertinent legal fnfornurllon, including, Ifappropriate, land surreys and legal descriptions and restrictions of the site)
00247373/jkg
1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for Terracon's consulting services shall be $38,296.00, comprised of the
following services: See Exhibit "A" attached hereto and incorporated herein for all appropriate purposes.
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:
(Ident ((appropriate, milestone dates, durations or fast track scheduling.)
One hundred forty (140) 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:
(Ident(6, 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:
(!dent& special characteristics or needs of the Project such as energy, environmental or historlcpreservation reguirenn nts.)
1.1.3 PROJECT TEAM
1.1.3.1 City's Designated Representative is:
(List name, address and other Information.)
Bill Stablein
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone: 512-218-3237
Facsimile: 512-218-5563
bstablein@roundrocktexas.gov
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, ((known, Idennfr them by name and address.)
Unknown at this time.
1.1.3.4 Consultant's Designated Representative is:
(List name, address and other information)
Leonel Saenz, Senior Engineering Technician
Terracon Consultants, Inc.
5307 Industrial Oaks Boulevard, Suite 160
Austin, Texas 78735
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and, ((known, tdentjfy them by name and address)
Unknown at this time.
2
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by. Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 City and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner
regarding requirements for and limitations on the Project. City shall furnish to Consultant, within fifteen (15) days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2.2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, City's other costs, and reasonable contingencies related to all costs.
1.2.2.3 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 furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies.
1.2.3 CONSULTANT'S RESPONSIBILITIES
1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents.
1.2.3.2 Consultant's services shall be perfonned 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 time periods established in this Agreement and which may be adjusted, if
necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of time required
for City's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant or City.
1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.14, 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.
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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, ail common Iaw 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.
1.3.2.3 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 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 ConsuItant'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.
4
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 Tliis 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 Coinpletion. In no event shall such statutes of
limitations commence to nut any later than the date when Consultant's services are substantially completed.
1.3.7.3 To the extent damages are covered by property insurance during construction, City and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between City and Contractor.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either City or Consultant.
1.3.7.5 If City requests Consultant to execute certificates, the proposed language of such certificates shall be submitted
to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
1.3.7.6 City and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the
other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. Neither City nor Consultant n shall assign this Agreement without the written consent
of the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In
such event, the lender shall assume City's rights and obligations under this Agreement. Consultant shall execute all
consents reasonably required to facilitate such assignment.
1.3.7.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of
Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus
and agencies. Consultant shall further obtain all permits and licenses required in the perfomance of the personal
services contracted for herein.
1.3.7.8 Consultant will pay all taxes, if any, required by Iaw 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.
5
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 infonnation.
1.3.8.3 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City
shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall
this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default,
including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.9 PAYMENTS TO CONSULTANT
1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has
been adjudged to be liable.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both City and Consultant.
1.4.1.1 Other documents as follows:
(List other documents, jfany, forming part (lithe Agreement.)
Exhibit "A"
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
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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 of Direct Personnel Expense for Principals and employees, and ldent(/y Principals and
class(%y employees, if required'dent(fy speck 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 ofinterest agreed upon)
(Usury laws and requirements under the Federal Math in Lending Act, similar state and local consumer credit laws and otter regulations at the
Owner's and Architect's principal places of business, the location of the Protect and elsewhere may affect the validity, of this provision. Specific legal
advice slrottld be obtained with respect to deletions or mod(ficattons, 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, hannless 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 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 its 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.
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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:
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.
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 Terracon Consulting, Inc., with both parties binding themselves, their successors and assigns and legal
representatives for the faithful and full performance of the terms and provisions of this Agreement.
OWNER:
CITY OF ROUND ROCK, TEXAS
By:
Printed N
Title:
Date:
FOR CITY, ATT STdr'tie
Site, City Clerk
8
CONSULTANT:
TERRACON CONSULTING, INC.
Hour I $ 100.00 1 $ ;:::3,800.001
EXHIBIT A
COST ESTIMATE FOR CONSTRUCTION MATERIALS TESTING SERVICES
Terracon Proposal No. P96120281
Project Name: Hester's Crossing / La Fronter Blvd. Improvements
Project Location: Round Rock, Texas
Contact Name: Bill Stabloin
Client: City of Round Rock
Address: 2008 Enterprise Drive
City/State/Zip: Round Rock, Texas 78664
Phone Number: 512-218-3237
Fax Number: 512-218-5583
Emali: bstabiein@round-rock.tx.us
1F�rracon
s estimate is based on providing one density test per 2,000 square feet paving areas, with a minimum of 3
tests per lift, as required by the City of Round Rock project specifications.
air'' CIrf(At.Yt't
1kt]itAtLIU
-------------
Service
Quantity Unit
Unit Rate
Estimate
Moisture/Densi Curve AST D698
0
Each
170.00
$ : ; :.:
' o sture ' ens urve fajbi P1! .
0 0
Each
$ 180.00
: $
Addl.! Chars a for Coarse • ! ! re • ate Correction
0
Each
$ 26.00
.:
$ ::::.. ' :;'.
Moisture/Densi Curve Tex 113-E Tex -114-E
8
Each
$ 220.00
$ :1;760.00
Atterbe • Limits • STM D4318
8
Each
$ 55.00
$ .440.00
:.t !' ..11 ,[fih adirl
8
Each
$ 90.00
.. ;:;
:." 720.00
1gr1 I:REIBI t7jl_1.~_ ____ _Y.___!_Tar_j♦
180
Each
$ 18.00
.$
: $ .. 3 240.00.
Soil Technician, Re. ular Rate
150
Hour
$ 44.00
: $ ' ".:8 600.00
Soil Technician Overtime Rate
0
Hour
$ 86.00
$
Veh de Tr • Char! e
50
Per Tri •
$ 40.00
.;;<:.:
$ ' 2,000.00.
Su . total, Earthwork
Thi
$ 1 200.00
Vehicle Trip Chas :
12
74, 6 .00
s estimate is based on providing one density test per 2,000 square feet paving areas, with a minimum of 3
tests per lift, as required by the City of Round Rock project specifications.
air'' CIrf(At.Yt't
1kt]itAtLIU
II. j
Y'
Service
Quantity
Unit
Unit Rate
Estimate
E s ineerin. Technician, Re s ular Hours
16
Hour
$ 44.00
; ....::'; 704.00
En s tneerin s Technician, Overtime Hours
0
Hour
$ 66,00
$ _ •:
Concrete C Nnders ASTM C31 & C39
20
Each
$ 14.00
,._°:
:$ 280.00
Vehicle T'. Ch. se
8
Per Tri•
$ 40.00
':$` -:320.00
Cylinder Pick -Up
8
Hour
$ 44.00
• ;'::: 352.00
Subtota , oncrete.1,656.00
This estimate is based 4 tri f
60
Hour
$ 48.00
.
on ps or concrete observation and testing. This estimate also includes 4 trips to the
project site to pick up concrete test cylinders cast the previous day.
kip iiitC3C tiriatF
i.117••, :CiFftiK
t;; .. :
Unit_
Unit Rate
Service
Quantity
Estimate
Moldin. S•: ens
24
Per Setof3
IME]=ZEEIMIllmiimmi
24
Per Set 3
$ 50.00
$ .'"`1200.00
"$i;.;1,200.00
Maximum Theoretical S .ecific Gravi
24
of
Each
$ 50.00
$ 75.00
r:11800.00
Hveem Stabil'
24
Per Set of 3
$ 90.00
$ 2 160.00
Extractfon/Gradation
24
Each
$ 195.00
$ :: `'4 880.00
• - • halt Technician, Re! War Rate
60
Hour
$ 48.00
.
:: 2 880.00
• : 'halt Technician, Overtime Rate
0
Hour
$ 72.00
.$
$;
Nuclear Dens' Gau. e
8
Per Da
$ 50.00
$. •:::. 400.00
As • halt Corin s
24
Each
$ 95.00
$;.;' .2 280.00
As • halt Core Thickness & Densi
24
Each
$ 50.00
$ 1 200.00
Vehicle Trip Chas :
12
Per Trl •
$ 40.00
.
::.:480.00
Su • total, As . halt oncrete
Thi
_
,$.
18,280.00
s estimate is based on providing limited laboratory testing and observation during paving with an assumed
paving schedule of 16 days.
1V. Project Management
1
36
1
(ESTIMATE TOTAL
1 $'38,296.00I
March 16, 2012
lrerracon
Exhibit B
SERVICES TO BE PERFORMED BY THE ENGINEER
Nester's Crossing / La Frontera Blvd. improvements
Terracon Consultants, Inc. Proposal No. P96120281
Terracon Consultants, Inc. anticipates providing the requested construction materials
observation and testing services for this project on an "as requested" basis during construction.
We will rely on the general contractor or his representative to notify us at least 24 hours in
advance when the requested services are needed. The technicians assigned to the project will
be qualified and equipped to perform the following field services:
• Earthwork Observation/Testing
• On -Site Concrete Observation /Testing
• Asphalt Observation /Testing
A brief summary of scope of services that will be provided is shown below.
1. Earthwork — The Terracon scope of services includes sampling and testing of soils,
periodic observation of earthwork operations, and moisture -density testing of subgrade
and compacted fills. Terracon's cost estimate is based on providing one density test per
2,000 square feet paving areas, with a minimum of 3 tests per lift, as required by the City
of Round Rock project specifications.
2. Concrete — Terracon's cost estimate is based on 4 trips for concrete observation and
testing. The estimate also includes 4 trips to the project site to pick up concrete test
cylinders cast the previous day. The Terracon scope of services includes sampling
concrete, and conducting slump and concrete compressive strength tests. Terracon
personnel do not have the authority to accept or reject concrete even if it does not
comply with the project specifications. The contractor has the responsibility to reject
concrete that does not comply with the specifications or is unsuitable for use. Terracon
will typically make 4 -inch diameter, 8 -inch high cylinders for compressive strength testing
whenever the aggregate size allows. When larger aggregate is used in the concrete or
when the client requires 6 -inch diameter, 12 -inch high cylinders, a surcharge will be
applied for each cylinder made and tested. We will rely on the contractor or his concrete
supplier to provide adequate facilities for initial (and field) curing of test cylinders as
required by ASTM C 31 test procedures.
3. Asphalt — Terracon's estimate is based on providing limited laboratory testing and
observation during paving with an assumed paving schedule of 16 days. As per City of
Round Rock specifications, 3 bag samples and 3 cores to be obtained for each day's
laydown operation. The Terracon Scope of services includes observation of the asphalt
paving operations, sampling asphalt and conducting laboratory tests. These services
may be provided on a part-time or full-time basis as authorized by the client.
Terracon Consultants, Inc. 5307 Industrial Oaks Blvd, Ste. 160 Austin, Texas 78735
P [512] 442-1122 F [512] 442-1181 terracon.com
CeotechnicHI ■ Environmental • Construction Materials ■ Facilities
lierracon
Exhibit C
Work Schedule
It is our (Terracon Consultants, Inc.) understanding that the project duration will be 140 days,
with completion no later than November 10, 2012.
Terracon Consultants, Inc. 5307 Industria( Oaks Blvd, Ste. 160 Austin, Texas 78735
P [512] 442-1122 F [512] 442-1181 terracon.com
Geotechnical • Environmental • Construction Materials • Facilities
March 16, 2012
Personnel
EXHIBIT lrerracon
FEE SCHEDULE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
HESTER'S CROSSING / LA FRONTERA BLVD. IMPROVEMENTS
Terracon Consultants, Inc. Proposal Number P96120281
Principal, Officer, per hour $130.00
Senior Engineer, per hour $110.00
Project Manager, per hour $100.00
Senior Engineering Technician, per hour $48.00
Construction Materials Technician, per hour $44.00
Transportation
Vehicle, per trip (within 25 miles of Terracon office) $40.00
Mileage (over 25 miles from Terracon office) per mile $0.60
A fuel surcharge may be added if fuel costs increase by more than 10% during the project
duration.
Concrete Field Services
Engineering technician, per hour $44.00
Engineering technician, overtime rate, per hour $66.00
Concrete Tests
Cylinder compression test (ASTM C 31 & C 39), 4"x8", each $14.00
Cylinder compression test (ASTM C 31 & C 39), 6"x12", each $19.00
Beam flexural test (ASTM C 293 or C 78), each $50.00
Masonry Field Services
Masonry technician, per hour $48.00
Masonry technician, overtime rate, per hour $72.00
Compressive strength CMU block (ASTM C 140), each $100.00
CMU block absorption only (ASTM C 140), each $75.00
CMU Block prism compressive strength (ASTM C 1314), each $250.00
Compressive strength of grout prism (ASTM C 1019), each $35.00
Compressive strength of mortar cube (ASTM C 780 & C 109), each $16.00
Responsive • Resourceful a Reliable
Page 2
March 16, 2012
"Werracon
EXHIBIT D
FEE SCHEDULE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
HESTER'S CROSSING / LA FRONTERA BLVD. IMPROVEMENTS
Terracon Consultants, Inc. Proposal Number P96120281
Soils Laboratory Tests
Classification
Atterberg limits (ASTM D 4318), each $55.00
Sieve analysis (ATM C 136), each $75.00
Sieve analysis percent finer than #200 (ASTM C 117), each $45.00
Combined sieve analysis (ASTM C 136 and C 117) $90.00
Compaction
Optimum moisture / maximum dry density relations (proctors)
ASTM D698, each $170.00
ASTM D1557, each $180.00
Additional charge for Coarse Aggregate Correction (ASTM D4718) $25.00
TXDOT TEX 113E, each $220.00
TXDOT TEX 114E, each $170.00
Permeability (ASTM D 5084), each $350.00
Soils Field Services
In place density / moisture test, nuclear method (ASTM D 2922/ASTM D 3017),
minimum 3, each $18.00
Soils technician, per hour
$44.00
Soils technician, overtime rate, per hour $66.00
Asphaltic Concrete Services
Asphalt technician, per hour $48.00
Asphalt technician, overtime rate, per hour $72.00
Molding specimens (TEX 206F), set of 3 $50.00
Bulk specific gravity of lab molded specimens, set of 3 $50.00
Bulk specific gravity of core specimen (TEX 207F), each $50.00
Maximum theoretical density (ASTM D 2041 or TEX 227F), each $75.00
Hveem stability (ASTM D 1560 or TEX 208F), set of 3 $90.00
Extraction and Sieve Analysis (ASTM D 2172 or TEX 210F), each $195.00
Asphalt coring, each $95.00
Asphalt core thickness & density, each $50.00
Responsive • Resourceful m Reliable
Page 3
March 16, 2012
lierracon
EXHIBIT D
FEE SCHEDULE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
HESTER'S CROSSING / LA FRONTERA BLVD. IMPROVEMENTS
Terracon Consultants, Inc. Proposal Number P96120281
Drilled Pier
Senior technician, per hour
Senior technician, overtime rate, per hour
Wood Truss & Fire Stop
Senior technician, per hour
Senior technician, overtime rate, per hour
Structural Steel
Visual Inspection by CWI, per hour
$48.00
$72.00
$60.00
$90.00
Ultrasonic Testing by CWI, per hour Subcontractor's$61.00
5% Cost + 15 /o
Ultrasonic Testing equipment, per day Subcontractor's Cost + 15%
Ultrasonic Testing Trip Fee Subcontractor's Cost + 15%
Reinforcing Steel Detection
Senior Technician, per hour $66.00
Senior Technician, overtime rate, per hour $99.00
Hilti Ferroscan equipment, per day $220.00
Roofing, Waterproofing and EIFS
Project Manager, Senior Roofing Professional, per hour $125.00
Engineering Technician-Forensics/RoofingNVaterproofing, per hour $65.00
Reimbursable Expenses
Direct non -salary project expenses for "outside" services are billed at cost plus 15 percent for
handling. These include but are not limited to the following: travel and lodging, external
consultants, environmental analytical tests, drilling, special supplies, permits, equipment, sampling,
field testing, on site facilities, clearing/grading contractors, water trucks, bulldozers, security forces,
surveyors, traffic control or other support services.
Remarks
A three hour minimum charge is applicable to all trips made for the performance of testing, inspection,
cancellations or consulting services. A minimum charge of 2 hours will be assessed for trips to the project
site for sample or cylinder pick up only.
Responsive ■ Resourceful • Reliable
•
Page 4
March 16, 2012
llerracon
EXHIBIT D
FEE SCHEDULE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
HESTER'S CROSSING / LA FRONTERA BLVD. IMPROVEMENTS
Terracon Consultants, Inc. Proposal Number P96120281
Remarks (continued)
All labor, equipment, and transportation charges are billed on a portal to portal basis from our office.
Overtime rates of 1.5 times the quoted hourly rate will be applicable for all time worked in excess of eight
(8) hours per day, all time worked outside of daylight hours of 6:00 AM to 6:00 PM Monday through
Friday, and all time worked on weekends and holidays.
Court appearances, depositions, etc. will be charged at 1.5 times the quoted hourly rate.
Unit fees for tests not listed will be quoted on request.
Rush testing and Inspection services are subject to a surcharge (to be negotiated).
Engineering consultation and evaluation In connection with any laboratory testing or field inspection
service will be charged at the appropriate rate.
Material samples should be submitted in a form that complies with applicable requirements. •
Responsive a Resourceful & Reliable