Item 2.29 Consider and discuss approval Authorization Firm to (, per^for^m geotechnical engineering study for the proposed Ag Barn by Raba-Kistner Consultants, Inc. and a~_,thorize Commissioner Pct. #4 to sign same. (Commissioner Pct. #4> ORDER N0. 23577 RPPROVAL OF AUTHORIZATION FIRM TO PERFORM GEOTECHNICAL ENGINEERING STUDY FOR THE PROPOSED RG BARN BY RABA-KISTNER CONSULTANTS INC On this the 9th day of September 1996, upon motion made by Judge Robert A. Denson, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 5-@-@, to approve the authorization firm to perform geotechnical engineering study for^ the proposed Ag Rarn by Raba-Kistner Consultants Inc. and authorize the County Judge to sign same. RUTHORIZATION FORM I HEREBY AUTHORIZE RRBA-KISTNER CONSULTANTS, INC. TO PERFORM THE FOLLOWING SERVICE(S): i Perform geotechnical engineering study for the proposed Ag Barn Addition in Kerr County, Texas;drill 2 borings to depth of 2@ ft below existing grade perform laboratory characteristics testing;provide a written engineering repor^t to include foundation design and construction recommendations. LOCRTION WHERE SERVICES ARE TO BE RERFORMED: State Highway No. 27, Kerr County, Texas LUMP SUM COST: f1,98@ Historically, the cost of our field services is about 45 percent of our- total cost. These services ar-e predominantly provided by subcontractors. In order to promptly pay our^ subcontractor^s and continue to be able to respond to your needs, we will send you an interim invoice of 45X of the total cost as soon as the field exploration phase of oar- study is complete. Our invoices are due and payable upon receipt at F'. 0. Rox 971@37, Dallas, Dallas, County, Texas 75397-1@37. All parties hereby agree that this contract upon acceptance will be performable in Bexar County, Texas. R11 work will be perfor^med in accordance with this letter and Attachment I and II. Please ret~.~rn signed copy of this form to provide our firm with ._ written authorization. PAGE 668 _ SIGNRTURE PRINTED NAME COMPANY NRME COMPANY ADDRESS CITY, STATE,ZIF' PHONE NUMBER DRTE /s/Robert A. Denson /t/Robert A. Denson, Kerr County Judge Kerr County 700 Main Kerrville, Texas 78028 (210)792-2215 FRX (210)792-2218 September- 9, 1996 RABR-KISTNER CONSULTANTS, INC. /s/Chris L. Schultz, P.E. /t/Chris L. Schultz, F', E. Manager, Engineering Services Geotechnical Engineering CLS/mem Rttachments: I - Schedule of Fees for Grofessional Services II -Standard Terms and Conditions ATTACHMENT I RRBA-KISTNER CONSULTANTS, INC SCHEDULE OF FEES FOR PROFESSIONAL SERVICES PERSONNEL:Principal ..........................3100 to 5120/hour Professional .......................555 to $85/hour Technical/Clerical/Administrative..330 to 545/hour The specific hourly rate within each classification listed above depends on the experience, special training, and qualifications of the personnel needed far the project. For project requiring work at any hazardous waste site, there will be a $10 per hour surcharge added to 't he normal billing rate for all personnel. Consultants to Raba-Kistner Consultants, Inc. (R-KCI), will be charged according to their professional classification. EXPENSES: Use of the computer hardware and software (additional charge) Computer-aided drafting ....................515/hour Computerized word processing, database.....315/ho~.ar- and spreadsheet management, and modeling Use of company automobiles will be charged at 50.40 per mile Automobiles and light trucks assigned to field sites will be charged at 330.00 per day, plus 30.40 per mile over 50 miles per day. Copies will be charged at 30.25 per page. Other project-specific charges for ~_~se of R-KCI equipment or _, for• R-KCI testing will be in accordance with established fee schedules. All other pr^oject-specific, third-party costs will charged at cost plus 15 percent. PAGE 668 PAYMENT: Invoices will be submitted monthly for• work in progress in a~_ir standard format. They are d~_ie and payable upon ~~ receipt and become past due 30 days after the billing date. Fast due invoices may be subject to late charges at the rate of 1-1/~ percent per month (18 percent per annum>. In the event that the State of Texas legislates a sales tax on F'r•ofessional Services, the amount of the tax will be added to the appropriate service rate charged. Our invoices are due and payable upon receipt at P. O. Box 840323 Dallas, Dallas County, Texas 75284-0323. Preparation of non-standard invoice will be charged on a time and materials basis in accordance with the rates in this fee schedule. CDNDITIDNS: Services will be performed in accordance with our Standard Terms and Conditions. The proposal to which this schedule is attached is valid of 90 days from the date of the proposal. F'age 1 of 1 02/96 proposal ND. F'SA96-C06 August 30, 1996 '_ SCHEDULE FOR FEES FOR GEOTECHNICAL LRBDRRTORY TE5TING J SERVICES A. CLASSIFICATION TESTS ..............................f6.50/ea 1. Water Content and Visual Classification..........f50.00/ea 2. Plastic and Liquid Limits ........................f50.00/ea 3. Unit Dry Weights ..................................f14.50/ea 4. Hydrometer Analysis (including Specific Gravity..f170.00/ea 5. Sieve Analysis a. Through No. 200 Sieve ..........................f52.50/ea b. Percent Passing No. 200 Sieve ..................f33.00/ea 6. Specific Gravity ..................................f52.50/ea P. STRENGTH AND VOLUME-CHRNGE TESTS Note: These tests include determination of natural water content and unit. dry weight of specimens. ;" 1. Unconfined Compression (includes unit dr•y weight) a. Soil Shelby Tube ...............................f28.00/ea b. Rock Care Specimens ............................f30.00/ea (1) Sawed Specimen Ends ..........................f6.25/end PAGE 669 ~. Triaxial Compression l a. Unconsolidated-undr^ained, per specimen.........549.5@/ea b. Unconsolidated-undr^ained, multistage..........515s.@@/ea 3. Direct Shear a. Unconsolidated-undrained ......................5123.@@/ea b. Consolidated-dr^ained (Sand) ...................5151.@@/ea 4. Consolidation, not including specific gravity....5364.@@/ea 5. Swell Test a. Pressure Method ...............................f185.@@/ea b. Free Swell .................................... 599.@@/ea page 1 of i ATTACHMENT II RRPR-KISTNER CONSULTANTS, INC STANDARD TERMS AND CONDITIONS 1. Raba-Kistner Consultants, Inc. (R-KCI), is being engaged by the CLIENT to render professional services involving the condition of various building, site, and environmental materials, which may contain or be contaminated by hazardous materials and asbestos containing materials (ACM>. R-KCI will be compensated lar^gely on the basis of the time required in rendering these professional services--not on the basis of potential legal abilities created by any risks associated from the hazardous materials and ACM. ~. R-KCI will perform its services in accordance with the standard of care and diligence normally practiced by recognized professional firms in performing services of a similar nature, in the same locality, under similar circumstances. R-KCI makes no other^ warranties or^ g~.iarantees expressed or implied. 3. CLIENT will provide right-of-entry to the buildings and sites which are the s~.~bjects of R-KCI's services. CLIENT represents that it possesses authority of such right-of-entrry and that the building/site operator^(s) possess the necessary per^m its and licenses for curr^ent activities at the building site. 4. The CLIENT will be responsible for providing the location of all underground utilities and other str~.~ctur^es in the vicinity of our borings. We cannot accept responsibility and will not be liable for penetrating any underground utility, underground utility, underground storage tank, or other subsurface condition not previously identified and located, ar improperly located, by the CLIENT or a utility agency. PAGE 67@ S. If materials are encountered in the field which ar•e judged to 6e potentially hazar^dous or a danger to our personnel, all field work will cease and the CLIENT will be notified. ~_. Subsequent work on the project will then be conducted only with specific additional authorization from the CLIENT and will be charged at appropriate r^evised unit rates. The scope of work and cost estimate do not incl~_ide removal of any waste or cuttings from the site. Such materials will be containerized and left at the site. 6. The scope of work and cost estimated do not include r^emoval of any waste or' drill cuttings from the site. The r^es~.ilts of sample analyses or other information will be used to judge the nat~_ire of materials left on site. If this information will be used to .judge the nature of materials left on site. If this information indicates the materials are hazardous or^ potentially hazardous, and if CLIENT does not which the materials to be left on site, R-KCI will have s~.ich materials transported to a licensed facility far final disposal. CLIENT agrees to pay all costs associated with management, storage, transportation, and disposal materials. CLIENT recognizes and agrees that R-KCI at no time assumes title to said materials. Attachment II Standard Terms 7. R11 samples R-KCI will ret testing for- 30 which time the Page 1 of 3 - Continued Proposal No. PSp9t,-COED and Conditions Rugust 30, 199E obtained at the site will be managed by R-KCI. ain preservable samples and the residues from days after submission of its report, after samples and residues will be disposed of. In the events samples contain hazardous constituents, R-KCI will return such samples and residues to CLIENT, or using a manifest signed by CLIENT as generator, R-KCI will have such samples transported to a licensed facility for final disposal. CLIENT agrees to pay all costs associated with management, storage, transportation, and disposal of materials. CLIENT recognizes and agrees that R-KCI at no time assumes title to said samples. B. During its prim, asbestos was used to over 300@ different products and cam still be found in some prod~_icts today. Consequently, attempts to locate and identify "all" asbestos in a survey would be both impractical and cost prohibitive. If retained to conduct an asbestos survey, R-KCI will direct its efforts at locating accessible, friable asbestos and non friable asbestos which might become Friable as a result of remodeling activities. 9. Likewise, several thousand chemical, wastes, and other materials have been designated as hazardous or toxic by various laws and regulations. Rttempts to locate and identify "all" such materials in a survey would also be impractical. If retained to conduct a site assessment with respect to such materials, R-KCI will direct its efforts at locating the most significant sources, or potential sources, of such materials with potential for the most significant impact. F'RGE b71 10. The scope of work and cost estimate do not include costs incurred to provide access to sites which are inaccessible to our tr•~ack-mounted drill r^igs and s~_ipport vehicles. They also do not include costs incurred due to delays caused by inclement weather. 11. R-KCI will provide CLIENT with a written repor^t in connection with the services performed. The report will present such findings and conclusions as R-KCI may reasonably make with the information gathered while performing its services. In preparing the report, R-KCI may review and interpret certain information provided to it by the CLIENT or• by third par'ties. R-KCI will not conduct an independent evaluation of the accuracy or completeness of s~_ich information and shall not be responsible for any errors or omissions contained in such infor•mat i on. The r^e port and other instruments of service are prepared far, and made available for the sole ~_~se of, the CLIENT, and the contents thereof may not be used or relied upon by any other per^s on without the express written consent authorization of R-KCI. Any unauthorized use or distribution shall be at the CLIENT'S sole risk and witho~_it liability to R-KCI. 12.R-KCI's liability to CLIENT, or to any third party, for i injury ^r damage to persons or property arising o~_it of work performed for CLIENT and for which legal liability may be found to rest ~_ipon R-KCI, other than for• professional er•r'ors and omissions, will be limited to R-KCI's general liability insurance coverage of 31,000,500. For• any damage on account of any error, omission, or other professional neg]igence, R-KCI's liability to CLIENT, or to any third party, will be limited to a sum not to exceed our fees. Fage ~ of 3 Attachment II - Gontinned Standard Terms and Conditions 13. CLIENT will indemnify R-KC which exceed the limitation on in the pr^eceding paragraph, or of CLIENT. Proposal No. D6A96-C06 Rugust ~0, 1996 I against any claims or costs R-KCI's liability provided for result from acts or• omissions 14. Cancellation of the Agreement to which these terms and conditions apply may be made by either party for .just cause after thirty days' written notification of intent of cancellation is provided to the other party. In the event the CLIENT elects to terminate the agreement, R-KCI will be compensated in full for all services, materials Supplies and expenses incurred prior to the actual cancellation date of the Agreement. The CLIENT shall in any event pay all amounts invoiced that the CLIENT does not dispute as provided her^e in. F~AGE 672 15. A11 claims disputes, and other controversy between R-KCI and CLIENT arising out of or in any way related to the ~:~. services provided by R-KCI will be submitted to "alternative dispute resolution" (RDR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If a dispute a law arises related to theses services and that dispute requir^es litigation as provided above, then; a)CLIENT assents to personal j~_ir•isdiction in the State of R-KCI's principal place of business; b>The claim will be brought and tried in judicial ,jar^isdiction of the court of the county wher^e R-KCI's principal place of business is located, and CLIENT waives the eight to remove action to any other county or jurisdiction; and c)The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attor^ney's and expert witness fees, and other claim-related expenses. Page 3 of 3 F'AGE 673