Loading...
R-04-03-25-14G4 - 3/25/2004RESOLUTION NO. R -04-03-25-14G4 WHEREAS, the City of Round Rock desires to retain consulting services for construction phase inspection and testing for the construction of Fire Station No. 6, and WHEREAS,CTL/Thompson Texas has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council wishes to enter into said agreement with CTL/Thompson Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Consulting Services for Construction Phase Inspection and Testing Services for Fire Station No. 6 with CTL/Thompson Texas, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 25th day of March, 2004. WE , Mayor Ci y of Round Rock, Texas T—�, T: ��� O E , n_.___A CHRISTINE R. MARTINEZ, City Secret ry 4=?PfDesKt-op\:.ODMA/WORLDOX/'):/WDOX/RESCLUTI/R40325G4.WPD/5C Agreement for Consulting Services for Construction Phase Inspection and Testing Services for Fire Station #6 with CTL / Thompson Texas AGREEMENT made as of the Thousand Four. (In words, indicate day, month and year.) ( ) day of the month of in the year Two BETWEEN the City of Round Rock, Texas, identified herein as "City": (Name, address and other information.) City of Round Rock 221 East Main Street Round Rock, Williamson County, Texas 78664 and Consultant, identified herein as "Consultant" or "CTL/T": (Name, address and other information.) CTL / Thompson Texas 2600 McHale Court, Suite 180 Austin, Texas 78758 For the following Project: (Include detailed description of Project.) Consulting services including providing construction phase inspection and testing, such services to include laboratory testing services, field testing services, and engineering services, all relating to the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. City and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement. ') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Objectives include, but are not limited to, obtaining consulting services from CTL/T including providing construction materials inspection and testing on the site of the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The site of the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. 1.1.2.3 City's Program is: (Identify documentation or state the manner in which the program will be developed.) O:\wdox\CORA\gni\tve.6.consi\00065 I 49.DOC!jkg 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for CTL/T's consulting services shall be $14,896.00 as is indicated on Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Three Hundred Sixty-five (365) calendar days from Consultant's receipt of City's written Notice to Proceed. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Consulting services herein are engaged by this negotiated Agreement. 1.1.2.8 Other parameters are: (Idents special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Unknown at this time. 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 larrym(kround-rock.tx. us 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.) James R. Nuse, P.E. City Manager 221 East Main Street Round Rock, Texas 78664 1.1.33 City's other consultants and contractors are: (List discipline and, if known, idents them by name and address.) Opus 3 Architects 1517 East Palm Valley Boulevard Round Rock, Texas 78664 2 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted, if necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of time required for City's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant or City. 1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by City, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to City of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's final designs and work product under this Agreement, completed or partially completed, shall be the property of City to be used as City desires, without restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to City permission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce 4 and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of completing, using and maintaining the Project. 1.3.23 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant. 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 resolution. 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. 1.3.43 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. 13.5 ARBITRATION 1.3.5.1 City and Consultant hereby expressly agree that no claims or disputes between City and Consultant arising out of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that City is subject to an arbitration proceeding related to the Project, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by City for complete relief to be accorded in the arbitration proceeding. 13.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Consultant and City waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. 13.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County, Texas. 1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 1.3.7.3 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 shall assign this Agreement without the written consent of the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume City's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.7.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal services contracted for herein. 1.3.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 1.3.7.9 Consultant covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the Project. 1.3.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this Agreement. 1.3.7.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If City fails to make payments to Consultant in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give fifteen (15) days' written notice to City. In the event of a suspension of services, Consultant shall have no liability to City for delay or damage caused City because of such suspension of services. Before resuming services, Consultant shall be paid all non - disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 6 1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with another person for continuation of services on the Project, Consultant shall cooperate in providing information. 1.3.8.3 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has been adjudged to be liable. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Consultant. 1.4.1.1 Other documents as follows: (List other documents, if any, forming part of the Agreement.) Exhibit "A" delineating Consultant's Scope of Services and fees therefore, and said Exhibit "A" is attached hereto and incorporated herein for all appropriate purposes. 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, and in accordance with Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, which said Exhibit "A" delineates that the estimated fee for the projected cost for CTL/T's consulting services shall be $14,896.00. 1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be calculated in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply) 1.5.3 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Consultant. (Insert rate of interest agreed upon.) One and one-half percent (1 %%) per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ARTICLE 1.6 INDEMNIFICATION 1.6.1 Indemnification (Damage Claims). Consultant agrees to indemnify and hold City, its officers and employees, harmless against damages, liability and costs that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Consultant and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE 1.7 INSURANCE 1.7.1 Insurance. Consultant, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage; B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage. C. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same minimum limits. 1.7.2 Insurance Requirements. (1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Consultant shall not commence work at any site under this Agreement until he has obtained all required insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall not relieve or decrease the liability of Consultant hereunder. 1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: James R. Nuse, P.E. City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 8 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. 1.73 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with City. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No. approved by the City Council on , and by the duly authorized representative of CTL / Thompson Texas, parties binding themselves, their successors and assigns and legal representatives for the faithful and full per the terms and provisions of this Agreement. OWNER: CONSULTANT: CITY OF ROUND ROCK, TEXAS CTL / THOMPSON TE By: By: Nyle Maxwell, Mayor ATTEST: Christine R. Martinez, City Secretary f G. SCOT GORDON 88099 . 4 • . Scot Gordon, P.E., Austin Branch Office Manager Proposal No: CTL 1 T NO. 2003-148 Project Name: Round Rock Fire Station No. 6 Estimated Fee: $14,896.00 Date: Revised January 13, 2004 1 Estimate 12,000 sf of structural footprint 11 Estimate total of 12" Moisture Treated Clay under 6' Select Fill under Building Foundation 111 Estimate total of 12" Moisture Treated Clay under 5' Select Fill under Truck Bays IV Estimate total of 14 lifts of subgrade/fill materials IV Estimate 1 density test per 2,000 sf of structural fill per lift V Estimate a total of 28,000 sf of pavement with 12" of flexible base EXHIBIT A. STRUCTURAL - SITE PREPARATION (Includes Laboratory Testing of Site Soils and In -Place Density Testing of sub -grade and fill materials) Moisture -Density Curves (Proctors) (Includes Sieve Analysis and Atterberg Limits) Technician Sampling Time Technician Time - In -Place Density Testing (under structures) In -Place Densities (under structures) Vehicle Charges Project Engineer Report Review/Seal B. STRUCTURAL - CONCRETE PLACEMENT & REINFORCING STEEL INSPECTION (Estimate 2 GB pours @ 4 hours each) (Estimate 2 slab pours @ 6 hours each) (Estimate 6 cylinder pick-up charges g 2 hours each) (Estimate 4 concrete pavement pours @ 6 hours each) Engineering Technician - Slab Placement Inspection (No Overtime Charges) Engineering Technician - Concrete Pavement Placement Inspection Engineering Technician - Reinforcing Steel Inspection Engineering Technician - Cylinder Pick-up Concrete Cylinders - Grade Beams Concrete Cylinders - Slabs Concrete Cylinders - Piers Concrete Cylinders - Pavement Vehicle Charges Project Engineer Report Review/Seal 2 each © S 200.00 /each $ 400.00 4 hours @ $ 35.00 /hour $ 140.00 24 hours @ $ 35.00 /hour $ 840.00 84 tests @ S 10.00 Aest $ 840.00 15 trips @ $ 15.00 Arip $ 225.00 15 each @ $ 25.00 /day $ 375.00 TOTAL S 2,820.00 20 Hours @ $ 30.00 /hour $ I 600.00 16 Hours @ S 30.00 /hour $ 480.00 12 Hours @ S 32.00 /tour $ 384.00 12 Hours @ 3 30.00 /hour $ 360.00 9 each @ $ 14.00 each $ 126.00 15 each @ S 14.00 each $ 210.00 15 each @ S 14.00 each $ 210.00 18 each © $ 14.00 each $ 252.00 24 Trips @ $ 15.00 /trip $ 360.00 21 Each @ S 25.00 /each $ 525.00 TOTAL $ 3,507.00 C. PAVEMENT -EARTHWORK (Estimate 28,000 sf of pavement with 4 lifts of density testing & 1 density per 2,000 sf per lift) Technician Hours - In place density testing Moisture Density Curves (Proctors); Includes Sieve Analysis & Atterberg Limits In -Place densities Vehicle Charges Project Engineer Report Review/Seal D. SITE UTILITIES (Estimate 1,200 If of utilities with 4 lifts of backfill testing) Engineering Technician - Inspection/Testing In -Place Density Testing Vehicle Charges Project Engineer Report Review/Seal E. STRUCTURAL - DRILLED PIERS (Estimate 5 days of production Goy 12 Hrs./day Technician Hours (No overtime rates) Vehicle Charges Geotechnical Engineer (Site Visit) Geotechnical Engineer Report review/seal F. PAVEMENT- ASPHALT TESTING Engineering Technician Asphalt Sampling/Coring Acceptance Series 6" Cores Vehicle Charges Project Engineer Report Review/Seal 12 Hours @ $ 35.00 /hour $ 420.00 1 each @ S 200.00 /each $ 200.00 56 tests @ $ 10.00 /each $ 560.00 4 Trips @ $ 15.00 /trip $ 60.00 13 Each @ $ 25.00 /each $ 325.00 TOTAL $ 1,565.00 10 Hours @ $ 35.00 /hour $ 350.00 32 tests @ $ 10.00 test $ 320.00 5 trips @ $ 30.00 trip $ 150.00 5 Repts. @ $ 25.00, /cay, $ 125.00 TOTAL - $ 945.00 60 Hours @ 5 days @ 4 hours @ 5 reports $ 46.00 /hour $ 2,760.00 $20.00 /day $ 100.00 5 85.00 /hour $ 340.00 $ 25.00 /report $ 125.00 TOTAL S 3,325.00 16 Hours @ S 50.00 /hour $ 800.00 1 Each © S 350.00 /each $ 350.00 3 Each @ $ 50.00 /each $ 150.00 2 trips @ $ 15.00 trip $ 30.00 4 Repts. @ S 25.00 /cay $ 100.00 G. STRUCTURAL STEEL Certified Welding Inspector (CWI) Hours Vehicle Charges Geotechnical Engineer Report review/seal H. CMU - MORTAR & GROUT Technician Hours Mortar Cubes (6 sets of 4) Grout Cylinders (6 sets of 4) Vehicle Charges Geotechnical Engineer Report review/seal 16 Hours @ 4 trips @ 4 reports @ 12 Hours @ 24 Each @ 24 Each @ 4 trips @ 8 reports @ TOTAL $ 630.00 $ 50.00 /hour $ 800.00 $15.00 /day $ 60.00 $ 25.00 /report $ 100.00 TOTAL $ 960.00 $ 32.00 /hour $ 384.00 $ 10.00 /each $ 240.00 $ 10.00 /each $ 240.00 $20.00 /trip $ 80.00 $ 25.00 /report $ 200.00 TOTAL $ 1,144.00 TOTAL $ 14,896.00 LM J P� QP N w E Fire Station No. Six '�'IROUNDROCK.TEXAS wAwse.vtitvon.vaosvewn. DATE: March 19, 2004 SUBJECT: City Council Meeting - March 25, 2004 ITEM: *14.G.4. Consider a resolution authorizing the Mayor to execute an Agreement with CTL/Thompson Texas for construction materials testing and inspection services for Fire Station #6. Department: Engineering Development Services Staff Person: Larry Madsen, Construction Manager Justification: Engineering Consultants to provide inspections, testing, and record reporting to the City for Fire Station #6. Funding: Cost: $14,896.00 Source of funds: Capital Project Funds (GO Bonds 2001) Outside Resources: Background Information: Public Comment: N/A CTL/Thompson Texas CTL/Thompson Texas responded to a request for qualifications for the inspections and testing of soils, concrete placement & steel inspection, concrete foundation piers, and concrete paving for Fire Station #6. After reviewing qualifications a proposal for the work and inspections was requested by city staff. EXECUTED DOCUMENT FOLIOWS Agreement for Consulting Services for Construction Phase Inspection and Testing Services for Fire Station #6 with CTL / Thompson Texas AGREEMENT made as of the -h:tatfnly- (a6) day of the month of /7)J=1K'CH Thousand Four. (In words, indicate day, month and year.) BETWEEN the City of Round Rock, Texas, identified herein as "City": (Name, address and other information.) City of Round Rock 221 East Main Street Round Rock, Williamson County, Texas 78664 and Consultant, identified herein as "Consultant" or "CTL/T": (Name, address and other information.) CTL / Thompson Texas 2600 McHale Court, Suite 180 Austin, Texas 78758 For the following Project: (Include detailed description of Project.) in the year Two Consulting services including providing construction phase inspection and testing, such services to include laboratory testing services, field testing services, and engineering services, all relating to the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. City and Consultant agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement. ') 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Objectives include, but are not limited to, obtaining consulting services from CTL/T including providing construction materials inspection and testing on the site of the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The site of the new Fire Station #6 located at 2919 Joe Dimaggio Boulevard, Round Rock, Texas. 1.1.2.3 City's Program is: (Identify documentation or state the manner in which the program will be developed.) O:\wdox \CORR\gni\fire.6. const\00065149. DOC/jkg IE) -0(4 —03—c25 4969 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for CTL/T's consulting services shall be $14,896.00 as is indicated on Exhibit "A" attached hereto and incorporated herein for all appropriate purposes. 1.1.2.6 The time parameters are: (Idents, if appropriate, milestone dates, durations or fast track scheduling.) Three Hundred Sixty-five (365) calendar days from Consultant's receipt of City's written Notice to Proceed. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Consulting services herein are engaged by this negotiated Agreement. 1.1.2.8 Other parameters are: (Idents special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Unknown at this time. 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 larrym(kround-rock. tx.us 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.) James R. Nuse, P.E. City Manager 221 East Main Street Round Rock, Texas 78664 1.1.3.3 City's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) Opus 3 Architects 1517 East Palm Valley Boulevard Round Rock, Texas 78664 2 Royce Construction Company, Inc. 1801 Whip 0 Will Round Rock, Texas 78681 1.1.3.4 Consultant's Designated Representative is: (List name, address and other information) G. Scot Gordon, P.E. Austin Branch Office Manager 2600 McHale Court, Suite 180 Austin, Texas 78758 1.1.3.5 The consultants retained at Consultant's expense are: (List discipline and, if known, identify them by name and address) Unknown at this time. 1.1.4 Other important initial information is: It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City Council resolution. 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 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, which may be reasonably necessary at any time for the Project to meet City's needs and interests. 1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies. 1.2.3 CONSULTANT'S RESPONSIBILITIES 1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in exhibits, in supplemental documents, and in related documents. 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of services which initially shall be consistent with the time periods established in this Agreement and which may be adjusted, if necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of time required for City's review, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by City shall not, except for reasonable cause, be exceeded by Consultant or City. 1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized to act with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by City, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. 1.2.3.5 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.2.3.6 Consultant shall review laws, codes, and regulations applicable to his services. Consultant shall respond in the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to City of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by Consultant are for use solely with respect to this Project. All Consultant's final designs and work product under this Agreement, completed or partially completed, shall be the property of City to be used as City desires, without restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to City permission to reproduce Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce 4 and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of completing, using and maintaining the Project. 1.3.2.3 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly authorized by City Council resolution. 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 final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 1.3.73 To the extent damages are covered by property insurance during construction, City and Consultant waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of insurance as delineated between City and Contractor. 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 shall assign this Agreement without the written consent of the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume City's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.7.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal services contracted for herein. 1.3.7.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 1.3.7.9 Consultant covenants and represents that he will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the Project. 1.3.7.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this Agreement. 1.3.7.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If City fails to make payments to Consultant in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give fifteen (15) days' written notice to City. In the event of a suspension of services, Consultant shall have no liability to City for delay or damage caused City because of such suspension of services. Before resuming services, Consultant shall be paid all non - disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 6 1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with another person for continuation of services on the Project, Consultant shall cooperate in providing information. 1.3.8.3 Nothing contained in Section 1.3.8.2 shall require City to pay for any work which is unsatisfactory as determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has been adjudged to be liable. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both City and Consultant. 1.4.1.1 Other documents as follows: (List other documents, if any,. forming part of the Agreement.) Exhibit "A" delineating Consultant's Scope of Services and fees therefore, and said Exhibit "A" is attached hereto and incorporated herein for all appropriate purposes. 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, and in accordance with Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, which said Exhibit "A" delineates that the estimated fee for the projected cost for CTL/T's consulting services shall be $14,896.00. 1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. Such adjustment shall be calculated in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply) 1.5.3 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Consultant. (Insert rate of interest agreed upon.) One and one-half percent (1 '/:%) per month. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ARTICLE 1.6 INDEMNIFICATION 1.6.1 Indemnification (Damage Claims). Consultant agrees to indemnify and hold City, its officers and employees, harmless against damages, liability and costs that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the indemnity provided for in this section shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Consultant and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this section are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE 1.7 INSURANCE 1.7.1 Insurance. Consultant, at his sole cost, shall purchase and maintain during the term and entire duration of this Agreement minimum insurance coverages in the types and amounts as follow: A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage; B. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of subcontractors and contractual liability coverage. C. Automobile Liability Insurance for all owned, non -owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of $50,000 for each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same minimum limits. 1.7.2 Insurance Requirements. (1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Consultant shall not commence work at any site under this Agreement until he has obtained all required insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall not relieve or decrease the liability of Consultant hereunder. 1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: James R. Nuse, P.E. City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 8 Proposal No: CTL IT NO. 2003-148 Project Name: Round Rock Fire Station No. 6 Estimated Fee: $14,896.00 Date: Revised January 13, 2004 I Estimate 12,000 sf of structural footprint II Estimate total of 12" Moisture Treated Clay under 6' Select Fill under Building Foundation III Estimate total of 12" Moisture Treated Clay under 5' Select Fill under Truck Bays IV Estimate total of 14 lifts of subgrade/fill materials IV Estimate 1 density test per 2,000 sf of structural fill per lift V Estimate a total of 28,000 sf of pavement with 12" of flexible base A. STRUCTURAL - SITE PREPARATION (Includes Laboratory Testing of Site Soils and In -Place Density Testing of sub -grade and fill materials) Moisture -Density Curves (Proctors) (Includes Sieve Analysis and Atterberg Limits) Technician Sampling Time Technician Time - In -Place Density Testing (under structures) In -Place Densities (under structures) Vehicle Charges Project Engineer Report Review/Seal B. STRUCTURAL - CONCRETE PLACEMENT & REINFORCING STEEL INSPECTION (Estimate 2 GB pours @ 4 hours each) (Estimate 2 slab pours @ 6 hours each) (Estimate 6 cylinder pick-up charges @ 2 hours each) (Estimate 4 concrete pavement pours @ 6 hours each) Engineering Technician - Slab Placement Inspection (No Overtime Charges) Engineering Technician - Concrete Pavement Placement Inspection Engineering Technician - Reinforcing Steel Inspection Engineering Technician - Cylinder Pick-up Concrete Cylinders - Grade Beams Concrete Cylinders - Slabs Concrete Cylinders - Piers Concrete Cylinders - Pavement Vehicle Charges Project Engineer Report Review/Seal 2 each © $ 200.00 /each $ 400.00 4 hours © $ 35.00 /hour $ 140.00 24 hours © $ 35.00 /hour $ 840.00 84 tests © $ 10.00 nest $ 840.00 15 trips g $ 15.00 Arip $ 225.00 15 each © $ 25.00 /day $ 375.00 TOTAL $ 2,820.00 20 Hours © $ 30.00 /hour $ / 600.00 16 Hours g $ 30.00 /hour $ 480.00 12 Hours © $ 32.00 /hour $ 384.00 12 Hours g $ 30.00 /hour $ 360.00 9 each g $ 14.00 each $ 126.00 15 each © $ 14.00 each $ 210.00 15 each @ $ 14.00 each $ 210.00 18 each © $ 14.00 each $ 252.00 24 Trips © $ 15.00 /trip $ 360.00 21 Each g $ 25.00 /each $ 525.00 TOTAL $ 3,507.00 C. PAVEMENT -EARTHWORK (Estimate 28,000 sf of pavement with 4 lifts of density testing & 1 density per 2,000 sf per lift) Technician Hours - In place density testing Moisture Density Curves (Proctors); Includes Sieve Analysis & Atterberg Limits In -Place densities Vehicle Charges Project Engineer Report Review/Seal D. SITE UTILITIES (Estimate 1,200 If of utilities with 4 lifts of backfill testing) Engineering Technician - InspectionlTesting In -Place Density Testing Vehicle Charges Project Engineer Report Review/Seal E. STRUCTURAL - DRILLED PIERS (Estimate 5 days of production @ 12 Hrs./day Technician Hours (No overtime rates) Vehicle Charges Geotechnical Engineer (Site Visit) Geotechnical Engineer Report review/seal F. PAVEMENT- ASPHALT TESTING Engineering Technician Asphalt Sampling/Coring Acceptance Series 6" Cores Vehicle Charges Project Engineer Report Review/Seal 12 Hours © $ 35.00 /hour $ 420.00 1 each c $ 200.00 /each $ 200.00 56 tests © $ 10.00 /each $ 560.00 4 Trips g $ 15.00 /trip $ 60.00 13 Each © $ 25.00 /each $ 325.00 TOTAL $ 1,565.00 10 Hours g $ 35.00 /hour $ 350.00 32 tests © $ 10.00 test $ 320.00 5 trips g $ 30.00 trip $ 150.00 5 Repts. t $ 25.00, /cay $ 125.00 TOTAL " $ 945.00 60 Hours 5 days cg 4 hours 5 reports $ 46.00 /hour $ 2,760.00 520.00 /day $ 100.00 $ 85.00 /hour $ 340.00 $ 25.00 /report $ 125.00 TOTAL $ 3,325.00 16 Hours g $ 50.00 /hour $ 800.00 1 Each © $ 350.00 /each $ 350.00 3 Each g $ 50.00 /each $ 150.00 2 trips g $ 15.00 trip $ 30.00 4 Repts. © $ 25.00 /cay $ 100.00 G. STRUCTURAL STEEL Certified Welding Inspector (CWI) Hours Vehicle Charges Geotechnical Engineer Report review/seal H. CMU - MORTAR & GROUT Technician Hours Mortar Cubes (6 sets of 4) Grout Cylinders (6 sets of 4) Vehicle Charges Geotechnical Engineer Report review/seal 16 Hours 4 trips cp 4 reports CD 12 Hours irp 24 Each 24 Each 4 trips I§ 8 reports TOTAL $ 630.00 $ 50.00 /hour $ 800.00 $15.00 /day $ 60.00 $ 25.00 /report $ 100.00 TOTAL $ 960.00 $ 32.00 /hour $ 384.00 $ 10.00 /each $ 240.00 $ 10.00 /each $ 240.00 $20.00 /trip $ 80.00 $ 25.00 /report $ 200.00 TOTAL $ 1,144.00 TOTAL $ 14,896.00 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 all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with City. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No. k Cy -(3-a6 -114 (/ approved by the City Council on s; 0 LJ , and by the duly authorized representative of CTL / Thompson Texas, with parties binding themselves, their successors and assigns and legal representatives for the faithful and full perfo the terms and provisions of this Agreement. OWNER: CONSULTANT: CITY OF ROUND ROCK, TEXAS CTL / THOMPSON TEXAS By: xwell, ayor ATTEST: 7nfc)e. Christine R. Martinez, City Secretary By: L.., G. SCOT GORDON 88099 v G. cot Gordon, P.E., Austin Branch Office Manager