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CM-2018-1726 - 5/25/2018CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR CONSTRUCTION MATERIALS TESTING SERVICES WITH ROCK ENGINEERING & TESTING LABORATORY INC. THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to construction materials testing services for construction of Phase Two (2) of the Fire Station No. 9 Project (the "Agreement") is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with offices located at 22I East Main Street, Round Rock, Texas 78664- 5299, (the "City") and ROCK ENGINEERING & TESTING LABORATORY, INC., located at No. I Roundville Lane, Round Rock, Texas 78664 (the "Consultant"). RECITALS: WHEREAS, City has determined that there is a need for a construction material testing services for construction of Phase Two (2) of the Fire Station No. 9 Project; and WHEREAS, City desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, which shall be no later than September 31, 2018. Work shall commence by June 1, 2018. 00369586.ass-7 ��1� -) /`i i- /'7 � City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 2.01 PROPOSAL FOR SERVICES Consultant has issued its proposal for proposal for services being attached hereto document is incorporated herein for all purposes. 3.01 SCOPE OF SERVICES services for the tasks delineated therein, such as Exhibit "A" titled "Scope of Work," which Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Consultant's undertaking shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in a professional and workmanlike manner. 4.01 LINUTATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibit -A," and Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit "A," however, either party may make written requests for changes to the Scope of Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid Supplemental Agreement as described in 9.01. 5.01 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Exhibit "A" which in payment for services and the Scope of Services deliverables as delineated in Exhibit "A." Not -to -Exceed Total Pavment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Ten Thousand Two Hundred Twenty -Four and No/100 Dollars ($10,224.00). This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work done on behalf of City. Pavment for Reimbursable Expenses: There shall be no payments for reimbursable expenses included in this Agreement. Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions: No additions shall be made to Consultant's compensation based upon project claims, whether paid by the City or denied. 1) 6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall make all records and books relating to this Agreement available to the City for inspection and auditing purposes. Pavment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state Iaw. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the City in the event: (a) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be Iate; or (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or 3 (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City's current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Consultant a written notice of termination at the end of its then - current fiscal year. 9.01 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. I0.0I TERIVIINATION; DEFAULT Termination: It is agreed and understood by Consultant that the City may terminate this Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. 4 Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Parry provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any Iost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 11.01 NON -SOLICITATION All parties agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 CITY'S RESPONSIBILITIES Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, if any. 13.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the tern hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (S) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Any and all materials created and developed by Consultant in connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of City at the expiration of this Agreement. 15.0I WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re -perform any work no in compliance with this representation. 16.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. In no event shall Consultant be liable to the City, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Consultant), whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total professional fees paid by the City to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 17.0I INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof: To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof. 7 18.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 14.01 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of ConsuItant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights, if required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. Services Provider acknowledges and understands that City has adopted a Storm Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139 through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all operations on City -owned facilities in compliance with the City's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of the City's stormwater control measures, good housekeeping practices and any facility specific stormwater management operating procedures specific to a certain City facility. In addition, the Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan requirements. C. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel and will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 21.01 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors 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 hereunder. 22.01 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Richard Will Building Construction Manager City of Round Rock 212 Commerce Cove Round Rock, TX 78664 (512) 341-3311 richardwill.a.roundrock-texas.sov 23.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Rock Engineering & Testing Laboratory, Inc. No. 1 Roundville Lane Round Rock, Texas 78664 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 Z AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 24.01 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: http:;°.,�N•ww.roundrock--texas._oN.ivn-content/unloads 2014 12 corr insurance_07.20112.pdf 25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 26.01 EXCLUSIVE AGREEMENT The terns and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 27.01 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 28.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any 10 stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 29.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the City and according to generally accepted business practices. 30.01 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title S of the Texas Penal Code. 31.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 32.01 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise I1 chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. [Signatures on the following page.] 12 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of Round Rock, Texas B x Y: Printed 'LC Title: lilr Date Signed: ZS•{ _ For City, Attest: Rock Engineering & Testing Laboratory, Inc. By: ..� Printed Name: _Arnie K. Hammock, PE_ Title: Vice President - Rock Round_ Date Signed: _May 9, 2018 For City, Approved as to Form: r r By: (� . s, 11Attorney L s 13 March 2, 2018 City of Round Rock — General Services 212 Commerce Cove Round Rock, Texas 78664 Attn: Matthew Smith msmith(cDroundrocktexas.aov • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE SUBJECT: PROPOSAL - CONSTRUCTION MATERIALS ENGINEERING SERVICES PROPOSED FIRE STATION NO. 9 RENOVATIONS 2721 SAM BASS ROAD ROUND ROCK, TEXAS RETL PROPOSAL NO.: P022718AR1 Dear Mr. Smith; Introduction Rock Engineering & Testing Laboratory, Inc. (RETL) understands that the City of Round Rock has selected our firm, based on qualifications, to provide Construction Materials Engineering Services for the proposed Fire Station No. 9 Renovation project. As requested, RETL- is pleased to submit this proposal which includes pricing information for your review. RETL proposes to provide qualified personnel to perform inspection and testing services, as -requested by your designated representative, in general accordance with the project specifications and plans. Background Information The following information was provided for our use in the preparation of this proposal: • Report of Subsurface Exploration and Geotechnical Evaluation prepared by Rock Engineering & Testing Laboratory Inc. (RETL Job No. G315147) • "Issued for Bid" Structural Plan Set prepared by HDR dated 2/9/2018 • Civil Plan Set prepared by PEAL & Associates dated 2/23/2018 • Structural Specifications dated 2/9/2018 ROCK ENGINEERING & TESTING LABORATORY, INC. No. 1 Roundville Lane • Round Rock, Texas 78664 OFFICE: (512) 284-8022 • FAX: (512) 284-7764 • www.rocktesting.com Exhibit "A" City of Round Rock — General Services March 2, 2018 RETt_ Proposal No.: P022718AR1 Fire Station No. 9 Renovation 2721 Sam Bass Road Round Rock, Texas Proiiect Understanding Based on the referenced information, we understand that the proposed project will consist of the following: • Fire Engine Garage (1 -story structure); Pre-engineered Metal Building supported on a stiffened, improved slab -on -grade foundation system • EMS Garage (1 -story structure); Pre-engineered Metal Building supported on a stiffened, improved slab -on -grade foundation system • Parking and Drive areas; consisting of rigid concrete pavement • Surficial hardscape and landscaped areas • Bioretention Pond Scope of Services RETL proposes that the scope of our services for this project consist of the following inspections and testing services as requested by the City of Round Rock. Our services will be provided to determine compliance of the contractors work with the project plans and specifications. Earthwork Inspection and Testing o Verify removal of organic and other deleterious material from the proposed improved areas. o Continuous observation of placement of select fill materials to raise the building pads to the design subgrade elevations. o Periodic observation of the placement of fill materials to bring the site to the design subgrade elevations. o Perform field moisture content and density testing on subgrade soils and soils/aggregates placed as select fill /fill/backfill materials. Perform laboratory testing of soils to include: ■ Atterberg Limit (ASTM D4318) ■ Sieve Analysis (ASTM C136) ■ Percent l=iner than No. 200 Sieve (ASTM D1140) • Moisture Density Relationship (ASTM D1557) Foundation Inspection Periodic observation of shallow foundation excavations for confirmation of bearing materials and removal of loose soils. v Observe placement of reinforcing steel (bar size/spacing/lap). Concrete Inspection and Testing: Continuous inspection of the placement of structural concrete by personnel certified as ACI Concrete Field Testing Tech, Grade 1. • Obtain representative samples of concrete (ASTM C172) ■ Measurement of slump (ASTM C143) • Determination of air content (ASTM C231) • Measurement of temperature (ASTM C1064) • Preparation of compressive strength test specimens (ASTM C31) a Periodic inspection of the placement of concrete for paved areas. o Laboratory compressive strength testing of test specimens (ASTM C39) Page 2 of 6 ,d Exhibit "A" City of Round Rock — General Services March 2, 2018 RETL Proposal No_- P022718AR1 Fire Station No. 9 Renovation 2721 Sam Bass Road Round Rock, Texas • Engineering c, Review of material testing reports. ,, Preparation of City of Round Rock Special Inspection Letter. Unit Rates The type of inspections and field and laboratory tests that may be required on this project and the associated unit fees are as follows: • Atterberg Limits (per test) $ 65.00 • Moisture/Density Relationship (per test) $ 200.00 • Sieve Analysis (per test) $ 60.00 • Minus #200 Sieve (per test) $ 35.00 • Field Density Testing - Nuclear Gauge (per day) $ 175.00 • Concrete Test Cylinders (each) $ 25.00 • Mortar Cubes (set of 3) $ 140.00 • Grout Prisms (set of 4) $ 160.00 • Engineering Technician (per hour) $ 42.00 • Sr. Engineering Technician (per hour) $ 47.00 • Registered Professional Engineer (Per hour) $ 165.00 Based on similar projects in which construction materials inspection and testing services may be required, RETL is proposing that the following "Special Billing Codes" be applied: • Hourly rate reduction of 10% for RETL's "Lead Technician" responsible for earthwork, reinforcing steel, and CMU inspection and testing services. • No minimum charge will be applied for hourly services. • Overtime will be billed at a rate 1.3 times the hourly rate in addition to the unit fees as follows: services provided before 0800 hours and after 1700 hours services provided over 8 hours per day services provided on Saturday, Sunday, and all Holidays • No cylinder/sample pick-up or transportation charges will apply. Projected Budget Based on the information provided, RETL anticipates that the following quantities of testing will be required for this project: Soils Quantity Amount Total Engineering Technician, hr 70 $42.00 $2,940.00 Engineering Technician SR, hr 6 $47.00 $282.00 Atterberg Limits, ea 3 $65.00 $195.00 Moisture/Density Relationship, ea 3 $200.00 $600.00 Sieve Analysis, ea 3 $60.00 $180.00 Minus #200 Sieve, ea 3 $35.00 $105.00 Page 3 of 6 �y ttz_ Exhibit "A" City of bound Rock — GeneraI Services March 2, 2018 RETL Proposal No.: P022718AR1 Field Density Testing - Nuclear Gauge, daily Professional Engineer, hr Reinforcing Steel Engineering Technician 5R, hr Professional Engineer, hr Concrete/ Masonry Engineering Technician, hr Concrete Test Cylinder, ea Professional Engineer, hr Fire Station No. 9 Renovation 2721 Sam Bass Road Round Rock, Texas 9 $175.00 $1,575.00 4 $165.00 $660.00 Sub Total $6,537.00 4 $47.00 $188.00 1 $165.00 $165.00 Sub Total $353.00 32 $42.00 $1,344.00 40 $25.00 $1,000.00 6 $165.00 $990.00 Sub Total $3,334.00 Estimated Project Total $10,224.00 RETL suggests that a Construction Materials Inspection and Testing Services budget amount on the order of $10,224.00 beset aside for this project. The total fee will be dependent on the number of tests and inspections performed. The fee does not include any services for inspection of the installation of concrete hardscaped areas. Limitations Services provided by RETL under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless RETL, his or her officers, directors, employees, agents and sub -consultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this project or the performance by any of the above named parties of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of RETL. The Parties to this agreement agree that if any claim is made that RETL failed to comply with any term of this agreement or that it failed to perform its work and/or duties under this agreement properly, the client, upon proof that there was some failure to comply or some mistake in the performance of the work, shall not be entitled to recover any sum greater than the amount paid by the client to RETL for the services performed by RETL. Page 4 of 6 I r Exhibit "A" City of Round Rock — General Services March 2, 2018 RETL Proposal No.: P022718AR1 Fire Station No. 9 Renovation 2721 Sam Bass Road Round Rock, Texas Either the Client or RETL may terminate this Agreement at any time with or without cause upon giving the other party 10 -calendar days prior written notice. The Client shall within 10 calendar days of termination pay RETL for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. Closing RETL looks forward to providing the construction materials testing and special inspections during the construction phase of this project. Copies of the construction materials testing reports will be delivered to the client via the email address provided by the client to RETL on the distribution list presented on the following page. A hard copy of the construction materials testing reports will be available through the mail only if explicitly requested by the client. If there are any questions, or if we can be of assistance, please contact our office. Sincerely, Arnie K. Hammock, P.E. Vice President — Round Rock Bryan Angelo, CET CMT Project Manager — Round Rock ACCEPTED AND APPROVED By: Date: Page 5 of 6 Exhibit "A" City of Round Rock — General Services March 2, 2018 RETL Proposal No.: P022718AR1 Fire Station No. 9 Renovation 2721 Sam Bass Road Round Rock, Texas Proiect Information Sheet Project Manager. 2. Telephone No. 3. Your Project No. 4. Report Distribution (electronically): { ) Company: Attn: Email: ( ) Company: Attn: Email: ( ) Company: Attn: Email: 5. Invoicing Address: Attn: 6. Site Contact: Email: Email address Purchase Order No. Telephone No.: 'Payment terms are 100% within 30 -days of receipt of the invoice. Please remit to: lh C I wy �y Rock Engineering & Testing Laboratory, Inc. 6817 Leopard Street Corpus Christi, Texas 78409-1703 Please include the invoice number on payment. Page 6 of 6 Exhibit "A" ROCKE-1 of ID: MA A`CORO CERTIFICATE OF LIABILITY INSURANCE DATE 02126120 1 8 ry ozrz612o18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Borden Insurance P. 0. Bax 1066 cAmE cT Marty Reyes PHONE 361-882-fi543 F°" Arc No): 361-6542008 Corpus Christi, TX 78403-1066 Jason Gilbert oAIL ADDRESS: mre es bordenins.com INSURENS) AFFORDING COVERAGE NAIL p EACH OCCURRENCE Is 1,000,00 INSURER A: Republic Underwriters Ins Ca 24538 MED EXP (Any one person) I S 10,000 INSURED Rock Engineering & Testing Lab, Inc. 6817 Leopard 5t. INSURER B ; Southern Insurance company 119216 INSURER C : Texas Mutual Insurance Co. 122945 INSURER 0: Carpus Christi, TX 76409 INSURER E, A INSURER F: LIABILrrY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X ANUTOSWNEO GILIVEIRAGE5 CERTIFICATF NIIMRFR- RRVICInM w Iaa13CO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I L AR I TYPE OF INSURANCE I I I POLICY NUMBER IMM 00 PF EXP I MMID Y LIMITS A :!:[COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1K OCCUR X Sudden & Accident CMPS51980704 03/1012017 03/1012018 EACH OCCURRENCE Is 1,000,00 PREMISES Ea occurrence I S 300,00 MED EXP (Any one person) I S 10,000 X Pollution ! PERSONALE ADV INJURY Is 1AQQ,00 GENL AGGREGATE LIMIT APPLIES PER. POLICYE] JECT F1 LOG OTHER: GENERAL AGGREGATE s 2,000,00 PRODUCTS • COMPW AGG IS 2,000,00 Emp Ben. Is 11000100 A AUTOMOBILE XANY X LIABILrrY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X ANUTOSWNEO I BAPS51930804 03/1012017 03110/2018 COMB IGN�EDISINGLE LIMIT s 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accitler,t)I$ IMAGEs P. X...j. E B X UMBRELLA LIAR EXCESS UAB �q OCCUR CLAIMS -MADE I �{1MB5519809D4 I 0311012017 03/10/2018 EACH OCCURRENCE I S 5,000,00 AGGREGATE s 5,000,00 DED X I RETENTIONS 10,000 s 'WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C ANFICE�EETO R fCLUER E ECUTIVE YIN (Mandatory In NH) N yes. describe under DESCRIPTION OF OPERATIONS below NIA 0001158394 0311012017 03110/2018 J PER OTH- X I STATUTE I ER I E L EACH ACCIDENT s 1,000,00 E.L. DISEASE -EA EMPLOYEd S 1,000,00 E.L DISEASE. POLICY LIMIT I s i'mo,ocil DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101, Addltlorwl Remarks schedule, may be attached If more space Is required) See Attached City of Round Rock Building Construction Manager General Services Division 212 Commerce Blvd I Iuly SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE atu� RomatiIM Yiw rLwaideat U IBBB-2014 AGORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ROCKE-1 PAGE 2 NOTEPAD INSUREO'S NAME Rock Engineering & Testing OP ID: MA ogee 0212612018 : ROCK ENGINEERING & TESTING LABORATORY, INC. 'The General Liability policy includes blanket automatic Additional Insured endorsements that provide additional insured status to the certificate alder only when there is a written contract between the insured and certificate holder that requires such status (Republic Plus+ General Liability Enhancement Endorsement CGRO29 05/09* and Additional Insured - Owners, Lessees or Contractors -Completed Operations CG2037 07/04*). The General Liability policy includes a primary s non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision. (Republic Plus+ General Liability Enhancement Endorsement CGR029 05/09*). The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation in favor of the Certificate Holder only when there is a written contract between the insured and certificate holder that requires it (Republic Plus+ General Liability Enhancement Endorsement CGR029 05/09*). I oINSURED: ROCK ENGINEERING a TESTING LABORATORY, INC. he Business Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate older only when there is a written contract between the insured and certificate holder that requires such status (Republic Plus+ Commercial Auto Enhancement Endorsement CAR053 03/11* a Additional Insured ndorsament CAR041 10/10* a Additional Insured Endorsement CG2037 04/13*) The Business Auto policy includes a blanket automatic waiver of subrogation endorsement that provides a waiver of subrogation in favor of Ithe certificate holder only when there is a written contract between the insured and certificate holder that re res it (Republic Plus+ Commercial uto Enhancement Endorsement CAR053 03 11*). The Workers Compensation and Employers Liability policy includes a blanket automatic waiver of subrogation endorsement that provides a waiver of psubrogation in favor of the certificate holder only when there is a ritten contract between the insured and certificate holder that requires it (WC420304A O1/00*). INSURED: ROCK ENGINEERING a TESTING LABORATORY, INC. Workers Compensation policy includes Alternate Employer Endorsement where required by written contract. Umbrella Liability policy follows form Additional Insured and waiver Subrogation Endorsements issued by any policy of "underlying urance". [Commercial Liability Umbrella Coverage Form CII 00 01 12 07*] eduled "underlying insurance" of the Umbrella Liability policy ludes: oral Liability CHP551980704 omobile Liability BAP551980804 loyers Liability 0001158394 rms/Endorsements available upon request. Day Notice of Cancellation applies to all policies. In the event of collation by the insurance companies, the policies have been orsed to provide thirty days' notice of cancellation (except for non- ment) to the aforementioned Certificate Holders, if required by written tract.