ORDER N0. 25811 AUTHORIZE ADDITIONAL FUNDS FOR ADDITIONAL SERVICES PERFORMED HY RAHA-KISTNER CONSULTANTS ON THE COURTHOUSE RENOVATION On this the 22nd day of March 1995, upon motion made by, ~~=~:issi~-~.- Betz, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, authorizing $^c, ifbt3.dl~i to be taken out of Permanent Improvement-Fund 70 for the additional contract with Raba-Kistner Consultants, Inc. _.r- -. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneke MEETING DATE: Mazch 22, 1999 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge TIME PREFERRED: Consider and discuss authorizing additional funds for additional services performed by Raba- Kistner Consultants on the Courthouse Renovation. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: 1F PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contn'bute towazds you request being addressed at the eazliest opportunity. Sce Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. __ ~~ . PROPOSAL NO: PSF99-A55 ~/L~ L '~'~ DATE: March 2. 1999 AuTHORIZI-noN FQRM I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS AUTHORIZATION FORM, INCLUDING ATTACHMENTS, AND AUTHORIZE RAGA-KISTNER CONSULTANTS, INC., (R-K) TO PERFORM THE NAME OF RESPONSIBLE PARTY (CLIENT) THAT APPROVES PAYMENT OF ABOVE SERVICES: Courttv of Kerr COST: 2100. Additional services, if requested, will be billed in acxorclance with our standard fees indicated on the attad~ed fee schedule. Unless party responsible for payment has an established account with RAI3A-KISTNER CONSULTANTS, INC., it may be necessary to hold reports until proper credit approval has been issued or until payment is made in full. Our invoices are due and payable upon receipt at P.O. Box 971037 Dallas; Dallas County, Texas 75397-1037. All parties hereby agree that this conttad upon acceptance will be pertormable in Bexar County, Texas. Please sign and return this form to provide written confirmation of your authorization for our firm to commence work on the specfic services outlined herein. SIGNATURE: x PRINTED NAME: Mr. R. Keffh Longnedcer COMPANY NAME: County of Kerr COMPANY ADDRESS: 700 Main Street CITY, STATE, ZIP: Kemille, Texas 78028 PHONE NUMBER: 830/257033 FAX NO.: 830/792-6349 DATE: x , RABA-KISTNER CONSULTANTS, INC. ` v .1 aryl . Mark) nd, P.E., IH Vce President Director of Environmental Services DTMIbk Copies Sutxnitted: Above (2) Attachments Rabe-Kistner LOCATION WHERE SERVICES ARE TO BE PERFORMED: Kerr County Courthouse Annex. Kemille. Tx Proposal No. PSF99-A55 March 2,1999 ;~: ATTACHMENTI BABA-KISTNER CONSULTANTS, INC. SCHEDULE OF FEES FOR PROFESSIONAL SERVICES PERSONNEL: Principal ............................................................................................$35 to $110/hour Professional ............................................................ ..................... $20 to $45/hour TechnicaUClericaUAdministrative .................................. The specific hourly rate within each Classification listed above depends on the experience, special training, and qualifications of the personnel needed for the project. For projects requiring work at any hazardous waste stte, there will be a $10 per hour surcharge added to the normal billing rate for all personnel. Consultants to Raba-Kintner (R-F~, `Mli be charged according to their professional classification. FJ(PENSES: Use of computer hardware and software (additional charge) $15/hour Computer-aided drafting ..................................... .... Computerized word Processing, database . $15/hour and spreadsheet management, and modeling ....................................... Use of company automobiles will be charged at $0.40 per mile. Automobiles and IigM trucks assigned to field sttes will be charged at $30.00 per day, plus $0.40 per mile.over 50 miles per day. Other project-specific charges for use of R-K equipment or for R-K testing will be in accordance wtth established fee schedules. Ail other project-specific, third-party costs will be charged at cost plus 15 percent. PAYMENT: Invoices will be submitted monthly for work in Progress in our standard format. They are due and payable upon receipt and become past due 30 days after the billing dale. Past due invoices may be subject to sate charges at the rate of 1-112 percent Per month (18 percent per annum). In the event that the State of Texas legislates a sales tax on Professional Services, the amount of the tax will be added to the appropriate service rate charged. preparation of non-standard invoice will be charged on a time and materials basis in accordance with the rates in this fee schedule. CONDITIONS: Services will be performed in accordance wtth our Standard Terms and Conditions. The proposal to which this schedule is attached is valid for 90 days from the date of the proposal. Page 1 of 1 01/92 Raba-Kistner Proposal No. PSF99-A55 March 2, 1999 ATTACHMENT II RABA-KISTNER CONSULTANTS, INC. STANDARD TERMS AND CONDITIONS 1. Raba-Kistner t,R-K) is being engaged by the CLIENT to render professional services involving the condition of various building, site, and/or environmental materials, which may contain or be contaminated by hazarclous materials and asbestos containing materials (ACM). R-K will be compensated largely on the basis of the time required in rendering these professional services-- not on the basis of potential legal liabilities created by any risks assodated from the hazardous materials and ACM. 2. R-K 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 droumstances. R-K makes no other warranties or guarantees, expressed or implied. 3. CLIENT will provide right-of-entry to the buildings and sites which are the subjects of R-K's services. CLIENT represerrts that it possesses 8uthority for such right-of--entry and that the buiiding/site operator(s) possess the necessary permits and licenses for current activities at the site. 4. The CLIENT will be responsible for providing the location of all underground utilfties and other structures in the vidniry of our borings. We cannot accept responsibility and will not be liable for penetrating any underground utility, underground storage tank, or other subsurtace condition not previously identified and located, or improperly located, by the CLIENT or a utility agency. 5. If materials are encountered in the field which are judged to be potentially hazardous 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 spedfic additional authorization from the CLIENT and will be charged at appropriate revised unit rates. The scope of worts and cost estimate do not indude removal of any waste or cuttings from the site. Such materials will be containerized and left at the site. 8. The scope of work and cost estimate do not inducts removal of any waste or drill cuttings from the site. The results of sample analyses or other information will be used to judge the nature of materials teft an site. If this information Indicates the materials are hazardous or potentially hazardous, and if CLIENT does not wish the wast@ or drill cuttings to be left on site, R-K wilt have such materials transported to a licensed facility for final disposal using a manifest signed by the CLIENT as generator. CLIENT agrees to pay all costs assodated with management, analyses, storage, transportation, and disposal of materials. CLIENT recognizes and agrees that R-K at no time assumes title to said materials. Page 1 of 3 11/97 Rabe-1Klstner 6 Proposal No. PSF99-A55 March 2, 1999 All samples obtained at the site will be managed by R-K R-K will retain preservable samples and the residues from testing for 30 days after submission of its report, after which time the samples and residues will be disposed of. In the evert samples contain hazardous constituenRs, R-K will return such samples and residues to CLIENT, or, using a manifest signed by CLIENt as generator, R-K will have such samples transported to a licensed facility for final disposal CLIENT agrees to pay all costs associated with management, analyses, storage, transportation, and disposal of materials. CLIENT recognizes and agrees that R-K at no time assumes title to said samples. 8. During its prime, asbestos was used in over 3,000 different products and can still be found in some products today. Consequently, attempts io locate and identity 'all' asbestos in a survey would be both impractical and cost prohibitive. If tetained to conduct an asbestos survey, R-K 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 chemicals, wastes, and other materials have been designated as hazardous or toxic by various laws and regulations. Attempts to locate and identity 'all' such materials in a survey would also be impractical. It retained to conduct a site assessment with respect to such materials, R-K will direct its efforts at locating the most significant sources, or potential souroes, of such materials with potential for the most significant impact. 10. The scope of work and cost estimate do not incude costs incurred to provide access to sites which are inaccessible to our truck-mounted drill rigs and support vehicles. They also do not include costs incurred due to delays caused by inclement weather. 11. R-K will provide CLIENT with a written report in connection with the services pertormed. The report will present such findings and conclusions as R-K may reasonably make with the information gathered while performing its services. In preparing the report, R-K may review and interpret certain information provided to it by the CLIENT or by third parties. R-K will not conduct an independent evaluation of the accuracy or completeness of such information and shall not be responsible for any errors or omissions contained in such information. The report and other ir~ruments of service are prepared for, and made available for the sole use of, the CLIENT, and the contents thereof may not be used or relied upon by any other person without the express written authorization of R-K. Any unauthorized use or distribution shall be at the CLIENT's sole risk and without liability to R-K 12. R-K's liability to CLIENT, or to any third party, for injury or damage to persons or property arising out of work pertormed for CLIENT and for which legal liability may be found to rest upon R-K, other than for professional errors and omissions, will be limited to R-K's general liability insurance coverage of 51,000,000. For any damage on account of any error, omission, or other professional negligence, R-K's liability to CLIENT, qr to any third party, will be limted to a sum not to exceed our fees. Page 2 of 3 11/97 Raba-IKistner .. ., Proposal No. PSF99-A55 March 2, 1999 13. CLIENT will indemnify R-K against any daims or costs which exceed the limitation on R K's liability provided for in the preceding paragraph, or result from ads or omissions of CLIENT. 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 evert the CLIENT elects to terminate the Agreement, R-K 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 herein. 15. All Gaims, disputes, and other controversy between R-K and CLIENT arising out of or in anyway related to the services provided by R-K will be submitted to 'alternative dispute resolution' (ADR) such as mediation, before and as a condition precedent to other remedies provided by law. If a dispute at law arises related to these services and that dispute requires litigation as provided above, then; a) CLIENT asserts to personal jurisdiction in the State of R-K's prindpal place of business; b) The daim will be brought and tried in judicial jurisdiction of the court of the county where R-K's principal place of business is located, and CLIENT waives the right 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, attorneys' and expert witness fees, and other daim-related expenses. Page 3 of 3 11/97 Raba-Kintner • S;NATURt1L RESOURCE CONSERVATION COMMISSION .. ..• E ` . ~~,~E OF PO. Boz 13087_ _ Austin, Texas 78711-3087 ~ ~ Please pdnt or type. (Form designed for usa on elite (12-pitch) typewdter.) Form approved. OMB No. 2050-0039. UNIFORM HAZARDOUS WASTE MANIFEST 1. Generator's US EPA ID No. Manifest 2. Page 1 Information in the shaded areas ~ ~ Document No. of ~ is not required by Federal law. 3. Generator's Name and Mailing Address ](e~ CO~~ I • r, Cev/`~ ~~ ~Z.:a r~•c ~f 4. Generator's Phone (~j ) - - 5. Transporter 1 Company Name 6. US EPA ID Number 7. Transpo r 2 Company Name 8. US EPA ID Number 9. Designated Facility Name and Site Address 10. US EPA ID Number Cc~/ ~ofcNJ I~P~OF (t:~~ Cova/ r20. 11A. HM 11. US DOT Description (including Proper Shipping Name, Hazard Class, ID 12. Containers t3. 14. Number and Packing Group) No. Type puani WtNOi a. ~ E O t~ i . N E R b. R C. d. ~~ 4' 9 ~z~ 15. Special Handling Instructions and Additionaflnformation+~iS ot~~ vJ~ ~ • /7~CarJ O~rJCe t`r~Tl+ T ~'7 /~'llii..rM2 ~ TisrG/ 3 z~ /~~~6/)`n~ of o~~~ ha,~J/,:~f ~la.•f 7 b. GENERATOR'S CERTIFICATION: I hereby ecla~iat the tents oTthe tents oT this consignm~ are fully and accurately described atxwe by proper shipping name and are classified, packaged, marked, and labelled/placarded, and are in all respects in proper condition for transport by highway according to applicable international and national government regulations, including applicable stateregulations. If I am a largequantity generator, I certify that I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economicalty practicable end that I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human heaRh and the ernironment; OR, if I am a small quantity generator, I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford ~/A a 17. Transporter 1 Adcnowled ement of Receipt of Materials Date N P ~ yped N Sig Month Day Year s P a ransporter 2 edgement of Receipt of Materials Date a ~rir~ed~yped N ~ ~ ature ^ / IMontht Day I Year E / /~~ 19. Discrepancy Indcation Space or Operator: Certification Y manifest except as noted in Item 19. ~ ~ ~v >' TNRCC-1)311 (Rev. 07/01/97) to - ginal Pink-T D Facility Yellow-Transporter G Date copy