CM-2018-1756 - 6/22/2018CITY OF ROUND ROCK AGREEMENT FOR
GEOTECHNICAL ENGINEERING SERVICES WITH
ROCK ENGINEERING & TESTING LABORATORY INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional consulting services related, specifically
geotechnical engineering services, to be performed at the City's Business Center (the
"Agreement") is made by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-
5299, (the "City") and ROCK ENGINEERING & TESTING LABORATORY, INC., located at
No. 1 Roundville Lane, Round Rock, Texas 78664 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for geotechnical engineering
services related to repairs to the City's Business Center (the "Project"), specificaIly at 231 East
Main Street, Round Rock, Texas; 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. Weather and site conditions permitting, it is estimated that
Consultant can mobilize to the subject site to perform the scope of the filed work presented in
this proposal within two (2) weeks after receiving a Notice to Proceed. It is estimated that a
00402922J1.:ssys/2�fJ 7S/r//fn
2 (V r/ { .�`+�
Preliminary Report of Findings can be ready approximately six (6) weeks after the completion of
the field work. Consultant can consult with City as field and Iaboratory tests become available.
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 services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit "A" titled "Scope of Work," which
document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
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 LIMITATION 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 Twenty -Eight Thousand Six Hundred and
No/100 Dollars ($28,600.00). 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.
Payment 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.
2
Additions: No additions shall be made to ConsuItant's compensation based upon project
claims, whether paid by the City or denied.
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 law. 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
1 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 late; or
3
{c) The terns of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(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 frill 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.
10.01 TERMINATION; 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
4
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.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party 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 lost 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.
13.0I 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 term 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.
(5) 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
1.1
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.
15.01 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-perfonn any work no in compliance
with this representation.
15.01 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.
17.01 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,
7
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.
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.
19.01 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 ConsuItant'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 Consultant'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
8
Services provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I -Plan requirements.
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
General Services Department
City of Round Rock
212 Commerce Cove
Round Rock, TX 78664
(512) 341-3311
richardwillCa-�roundrocktexas. 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
9
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:
ht :. www.roundrocktexas. Qoviwy-content/up loads 2014.12 torr insurance 07.20112. df
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 terms 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
stricken provision with a valid provision that comes as close as possible to the intent of the
10
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.
24.01 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
Iiability 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 8 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 parry 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
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
11
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printer
Title:
Date S.
For City, Attest:
By: 16'
Sara L. White, City CIerk
For City, Approved as to Form:
By: _
Stephan L Sheets, City Attorney
13
Rock Engineering & Testing Laboratory,
Inc.
By:
qi5g'r
Printed Name: Arnie _ Hammoc PE
Title: ,�V_ ice President - Round Rock, ,
Date Signed: June 12. 2015
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.]
1l
Exhibit "A" Scope of Services
Based on information discussed during a meeting on January 9, 2018, RETL proposes that our
Scope of Services include the following:
Subsurface Investigation -
Test Borinqs - investigate the subsurface soil, rock, and groundwater conditions at the subject
site by drilling and sampling five (5) test borings utilizing truck -mounted drilling equipment and
limited access drilling equipment. Test borings will range in depth from approximately 15 -feet to
30 -feet below the existing site grades. Due to subsurface lithologies anticipated to be
encountered at the subject site, RETL proposes to perform the test borings utilizing solid stem
auger, air -rotary, and rock -coring drilling equipment, as needed. Representative samples of the
materials encountered in the test borings will be obtained for laboratory testing purposes.
The referenced depths will be measured from the existing ground surface elevation at the test
boring locations. An approximate total of 105 linear feet will be drilled and sampled for this
project.
Prior to the commencement of the drilling operations, RETL will contact the Texas 811 System
to locate underground utilities within the vicinity of the test boring locations. During the drilling
operations, an RETL representative will be present at the site to coordinate the drilling and
sampling activities, as well as prepare field Logs of Boring. Geotechnical soil and rock samples
will be obtained at 2 -foot intervals to 10 feet, and 5 -foot intervals thereafter unless subsurface
conditions warrant additional sampling. Groundwater readings for geotechnical considerations
will be obtained during drilling and immediately upon completion of the drilling operations.
In order to complete the scope of the geotechnical subsurface investigation, RETL requests the
following:
• RETL requests assistance from the owner or his representative in accessing the
subject site
Geophysical surveys — investigate the subsurface conditions at the subject site by performing
geophysical surveys. The geophysical surveys could include resistivity and natural potential
(NP) surveys. These types of surveys allow the development of a 3D view of the subsurface
condition in the survey area. Features of interest to be detected may include underground
utilities (active or abandoned) or possible karstic or non-karstic features.
Laboratory Testing Services - The laboratory -testing program may consist of the following:
• Supplementary visual classification (ASTM D2487)
• Moisture content (ASTM D2216)
• Atterberg limits (ASTM D4318)
• Percent material finer than the #200 sieve (ASTM D1140)
• Unconfined compressive strength (ASTM D2166)
• One-dimensional swell (ASTM D4546)
• Particle size analysis of soil (ASTM D422)
• pH tests (TEX 128-E)
• Sulfate (TxDOT 620-J)
RETL engineers and staff wjJ|beavailable to review data and information obtained by City of
Round Rock staff or their c:unsuftants pertaining the existing constructed oond6ona
AdditionaUy, geotechnical engineering nmpoNsvviU be prepared and reviewed by a Professional
Engineer lice nomd1nthe State ofTexa s. RETLwi||work c|ose|ywit hthennernhersofthedeSig n
team to develop repair options for the structure and surrounding plaza.
Costs of Services
ENGINEERINB-EngineeringandtechniGm/eenicesfur reconnaissance, boring LapuLdekav8d
ground water readinga.backfilling cfborings, evaluation, field supkrwishon,mnahailis,
mecornrnmnda(iona, reporting and consultation.
Professional: Engineer. per hour.-....... ........... ..................... ....... $185.00
Eng|omer/Geologist ( i$Wmwd)`perhpm,.--.---.,.~.,.---_-__-._.,. 145.00
Pru)ect... --- ........................... .-.-...... .~_~~~....... - 90]O}
Goobeuhnician per hour ........... ............ ---- ......... ''~.,~~-'_......... .... 65.00
SUBSURFACE DRILLING AND SAMPLING
MobUizmt|omandDmonmbIlizatillon
Minimum-_-------~~-----''--................. ....... ................. ........ $ 35l00
Per mile (mutside5O-mUt� ractilusoYRound Rowk,Texam)--_--_---__-- 3-50
Supporttruck, per hour..... -'---''~~~~~`-----~~~^~~~~------- WOO
Pa'di�em and �cdqing (two-mancnevr). per night ...... __,~..._.............................. 250.UO
Drilling and Sampling (Solid stem auger)
w-cmfeet -------------- ........ -...... ....... ......... ....... ....... _----~.~~~~_'- S 13 -DO
SD-10Ofee{........ --_-~._.__-~.-.......... _..-............ -............. ._...... 16.00
1cc)+ ........ -,~_~_-.~~^~_...... _--....... --- .......................... —Quoted upon mqme5t
C|riHUngand Sampling (Air
O 50fee1 -.-.-----.^.^-_.----.--..-_.-_^-',.-~.----_----_,, S16.00
50-100fe et. .......... -._-----.~.___---~~~.~-------,__. 20J00
Drilling and Sampling (Rock
0 E0 f eet--~~,................. ........... __~~~~,,...... --- ........... ._............
5O-1UOfeet ....... ---_-_-----__-...... _~~~-''''-........ ......... 23-00
Drilling 5upp|hwo 0L Eq(Apmlent
Benlomit-zbackfi||perfoot ................. .......... '.............................. �~~-~~~ $8.03
LABORATORY TESTING
Moisturmcontent, each --....... ... --- ........................................ ............... ..... '
S 8.00
Densdyd e term ination'each....... _................... ........... ~~~-~_
20.01)
Atterterg Nmit te!� t. eaoh-_........ ...... ,~~...... .......... .............................. ____
45.00
Percent passing No- 2DO sieve, each ...... ...... .............................. ............. ..........
30JD0
Unconfined compression test. each ..................................................
40+00
...................
S|ewaunulysim'ea�7 h- ..... ............. .......... ....... ............ -........... -........ _-
60.00
HydmrmetertsNt each ......................... ....... _-... .,,,.,......... -..--.,..,.~.....-
200.00
1'Dimenm[unal mvvnA test, aoch-............. .......... ......... .^-...................... .............
100.00
Consolidation test, each -......... ..... _-''~_~.~~......... -............ ....... .... .
450.01)
Standard proctor test. each -,...................... ..---... -^~............. --__~.......
200.00
California Bearing Ratio test, each........................................................................ 250.00
pH Test & Sulfate/Chloride determination............................................................. 250.00
The projected fee to perform the scope of work outlined in this agreement is $28,600.00.
ROCKE-1 OP to; MA
'`tODMIM
il.- Q CERTIFICATE OF LIABILITY INSURANCE
DATE
TYPE OF INSURANCE
o51a312a18
05103/2018
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(les) 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
CONCT
NAME: Marty Reyes
Borden Insurance
P. 0. Box 1066
IAJCNo.PHONE .361-882-6543 A/C Nn; 361.654-2008
Corpus Christi, TX 78403-1066
E-MAIL mre es bordenins,com
ADORE .6.
Jason Gilbert
INSURERS AFFORDING COVERAGE I NAIC 0
GEML AGGREGATE LIMIT APPLIES PER:
POLICY 1K JEGT F] LOC
INSURER A: Republic Underwriters Ins Co 124538
INSURED Rock Engineering & Testing
Lab, Inc.
INSURER 13: southern Insurance Company 19216
INSURER C: Texas Mutual Insurance Co. 22945
6817 Leopard St.
INSURER 0: j
Corpus Christi, TX 78409
INSURER E:
INSURER F ;
COVERAGES CERTIFICATE NUMBER: REVISIf1N h IJIUIRl=R•
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 REOUIREMENT, 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
!LTR
TYPE OF INSURANCE
I
POLICYNUMBER MMMD PF
POLICYEXF
LIMITS
A
X I COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE Pq OCCUR
den & AccidentMED
TdI;d:i
CMPS51980704 0319012018
0311012019
EACH OCCURRENCE 1 S 1,D00,00
DAMAGE TU RENVED
PREMISES Ea oaurrence S 300,00
EXP (Anyone person A S 10,000lution
PERSONAL d ADV INJURY $ 1,000,000
GEML AGGREGATE LIMIT APPLIES PER:
POLICY 1K JEGT F] LOC
GENERAL AGGREGATE is 2,000,00
PRODUCTS •COMPIOPAGG S 2,000,00
OTHER
I=mp Ben. I S 1,000,00
A
AUTOMOBILE
JX
LIABILITY
ANY AUTO
O NEO AUTOSSCHEDU�D
AAtIT
SAP551980804
03110!2018
03110!2019
COMBINED SINGLE LIMIT
Ea acndent S 1,000,00
BODILY INJURY (Per person) s
BODILY INJURY (Per accidenl) 5
HIRED AUTOS X NOWOVINEO
AUTOS
PROPERTY
Per accident AMA S
S
X
UMBRELLA LIAR X OCCUR
EACH OCCURRENCE Is 5,000,00
B
EXCESS LIAR -CLAIMS-MADE
UMS551980904
03/1012018 0311012019
AGGREGATE I $ 5,000,00
DEC) X RETENTIONS 10,000
S
C
WORKERS COMPENSATION
AND EMPLOYER$' LIABILITY YIN
ANY
FICERIPI BER EICCLUDE�ECUTIVE
NIA
0001158394
03110!2018
0311012019
PER OTH- 1
X STATUTE I ER
E.LEACHACCIDENT IS 1,000,00
E.L DISEASE - EA EMPLOYE s 1,000,00
(Mandatory In NH)
If Dyyees, !PTI be under
OE5CRIPTION OF OPERATIONS below
J
E.L DISEASE • POLICY LIMITS $ 1,000,00
6
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additlonal Remarks Schedule, may he attached R more space Is required)
See Attached
Ref: C(of Round Rock Convention 8r Visitors Bureau, 231 East Main Street,
Round Dock, Texas
Retl Proposal No. #P010918A
City of Round Rock
221 Commerce Blvd
Round Rock, TX 76664
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
&,,U- , auj_twun�
3twacaa1;L w Vicw rrMidmt
®1933.2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014!01) The ACORD name and logo are registered marks of ACORD
ROC'KE-1 PAGE 2
NOTEPAD
IMSURED-s NAME Rock Engineering &'testing OP 1D: MA Date 05/03/2018
INSURED: RACK ENGINEERING C. TEESTINGVLABORATORY, INC.
IThe General Liability policy includes blanket automatic Additional Insured
endorsements that provide additional insured status to the certificate
'Molder only when there is a written contract between the insured and
certificate holder that requires such status (Republic Plus+ General
;Liability Enhancement Endorsement CGR029 05/09* and Additional Insured Owners, Lessees or Contractors -Completed Operations CG2037 07/04*).
The General Liability policy includes a primary & 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*).
.INSURED: ROCK ENGINEERING & TESTING LABORATORY, INC.
The 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* & Additional Insured
Endorsement CAR041 10/10* & 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
the certificate holder only when there is a written contract between the
insured and certificate holder that req�fres it (Republic Plus+ Commercial
Auto 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
subrogation in favor of the certificate holder only when there is a
written contract between the insured and certificate holder that requires
fit (WC420304A 01/00*).
INSURED: ROCK ENGINEERING & TESTING LABORATORY, INC.
Porkers Compensation policy includes Alternate Employer Endorsement where
irequired by written contract.
The Umbrella Liability policy follows form Additional Insured and Waiver
of Subrogation Endorsements issued by any policy of "underlying
insurance". [Commercial Liability Umbrella Coverage Form CU 00 01 12 07*1
Scheduled "underlying insurance" of the Umbrella Liability policy
includes:
imployers
eneral Liability CHP551980704
utomobile Liability BAPS51980804
Liability 0001158394
*Forms/Endorsements available upon request.
30 Day Notice of Cancellation applies to all policies. In the event of
cancellation by the insurance companies, the policies have been
endorsed to provide thirty days, notice of cancellation (except for non-
payment) to the aforementioned Certificate Holders, if required by written
contract.
City of Round Rock
1
TEX1ROASOROCK Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
Rock Engineering & Testing Laboratory, Inc. for geotechnical engineering
services relating to repairs to the City's Business Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/22/2018
Dept Director: Chad McDowell, General Services Director
Cost: $28,600.00
Indexes: General Self -Financed Construction
Attachments: Agreement, LAF
Department: General Services Department
Text of Legislative File CM -2018-1756
Consider executing a Professional Consulting Services Agreement with Rock Engineering
& Testing Laboratory, Inc. for geotechnical engineering services relating to repairs to the
City's Business Center.
Contract with Rock Engineering and Testing Laboratory, Inc services to include boring, soil
analysis, and ground penetrating radar for the Plaza Restroom foundation and Business
Center movement investigation.
Cost: $28,600.00
Source of Funds: General Self Finance Construction
Cityof Round Rock page 1 Printed on 8/21/2018