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CM-2019-0062 - 3/1/2019CITY OF ROUND ROCK PROFESSSIONAL CONSULTING SERVICES AGREEMENT FOR CONSTRUCTION MATERIALS TESTING SERVICES WITH T. SMITH INSPECTION AND TESTING, LLC 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 the Old Settlers Park Adult Recreation Complex Phase I (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 T. SMITH INSPECTION AND TESTING LLC, located at 306 Hazelwood Street, Suite 4I, Leander, Texas 78641 (the "Consultant"). RECITALS: WHEREAS, City has determined that there is a need for a construction material testing services for the Old Settlers Park Adult Recreation Complex Phase I 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. City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or wJithou(cause or may elect to continue. ocu 1838W,;s2 &�-?t)tq-(&Yp2 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" ("Scope of Services"), which Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Such services shall be performed in the time frame approved by the City. Consultant's undertaking shall be Iimited 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" for the deliverables as delineated in Exhibit "A." Not -to -Exceed Total Payment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Twenty -One Thousand Six Hundred Twenty - Three and 501100 Dollars ($21,623.50). This amount represents the absolute limit of City's Iiability 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. 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 2 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. Payment 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 (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) Tile 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 3 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. 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 wort: 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 Iost 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 forn 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. 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). 4 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. 13.01 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) elationship: (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. 14.41 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. 15.01 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 -perform any work no in compliance C.l 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. 17.01 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. 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 HCA (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 andior 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 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 and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) and will not boycott Israel during the term of the contract. The signatory executing; this Agreement on behalf of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. 91 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: Katie Baker 301 West Bagdad Avenue, Suite 250 Round Rock, TX 78664 (512) 341-3355 kbakerrd,round rocktexati.gm 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 the Agreement. Notice to Consultant: T. Smith Inspections and Testing, LLC 306 Hazelwood Street, Suite # Leander, Texas 78641 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 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. 9 21.01 INSURANCE (1) Insurance. Consultant, at Consultant's sole cost. shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Consultant shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Section (1) above, including the required provisions and additional policy conditions as shown below in Section (3). Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager 221 East Main Street Round Rock, TX 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. 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. 1 () 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 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 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 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 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 T. Smithjnspections and Testing, LLC By: By:�-- Printed Name: 6 Printed Name: c7,? a Title: �� Title: i�P cl- 7 r*.r m.. t Date Signed: Date Signed: Z For City, Attest: By: — Sara L. White. City Clerk For City, Approved as to Form: By: .—NIL,. Stephan Sheets, City Attorney a M T. SMITH INSPECTION AND TESTING, LLC TSITGEOTECHNICAL ENGINEERING & CONSTRUCTION MATERIAL &TESTING & INSPECTION Ad January 15, 2019 City of Round Rock, Park and Recreation 301 W. Bagdad. Suite 250 Round Rock, Texas 78664 Attn: Ms. Katie Baker, PLA, ASLA kbakernroundrocktexas.gov Re: CMT Testing Old Settlers Park Adult Recreation Complex Phase I ROUND ROCK, TEXAS TSIT Estimate of Fees No. P18112 Submitted here is T. Smith Testing & Inspection, LLC's estimate of fees for Additional Construction Material Testing Services beyond the original scope of testing services on the above referenced project. This estimate is based on information provided by City of Round Rock (James Combs, Construction Inspector) We anticipate: • Soils Observation and testing • Sampling and Testing of Concrete placements • Sampling and Testing of HMAC placements • Project Management and Administration We appreciate the opportunity to serve you. If you have any questions do not hesitate to contact our office. Sincerely yours, T. Smith Testing & Inspection, LLC. Aaron Cotton, Jr, Sr. Partner Director of Central Texas Operations Attachment: Estimate of Testing Costs Confirmed/Agreed to this Company: day of By: Title: Printed: 306 Hazelwood Street, Suite #1 Leander, Texas 78641 WWW.t51�x�]1lJI)t�i�p 11 2019 OM T. SMITH INSPECTION AND TESTING, LLC TSITGEOTECHNICAL ENGINEERING & CONSTRUCTION MATERIAL&TESTING & INSPECTION Ad ESTIMATE OF CONSTRUCTION MATERIALS TESTING (P18112/CO #1) CITY OF ROUND ROCK, PARK AND RECREATION PLAY FOR ALL ABILITIES PARK 2 ROUND ROCK, TX SERVICE Unit Rate Units Unit Cost Molding Specimen (Marshall or I Iveem Stability) $82.50 1 ench $82.50 SOILS $25.00 1 each $25.00 Soil'Tcsting $55.00 90 hour $4,950.00 Soil "Testing (Overtime) $82.50 10 hour $825.00 Moisture Density Relations ASTM D-698 $185.00 7 c_,ch $1,295.00 Atterberg Limits $60.00 7 each $420.00 Decant (-200) $60.00 7 each $420.00 In Place Density ASTM D-6938 (each) $20.00 350 cacl, $7,000.00 Lime Series (4 Points) $175.00 1 each $175.00 Lime Fick] Gradation Test (each) $15.00 10 ca,t, $150.00 CONCRETE Concrete Inspection $55,00 4 ),otv $320.00 Concrete Inspection Overtime $82.50 0 huts $0.00 Concrete Cylinders $18.00 5 e„ch $9().00 Concrete Core (6") (Coring and Cold Patching) $15.50 12 mcl- $186.00 HMAC INSPECTION AND TESTING Asphalt Field Inspection (I xDOT Level 113) $55.0(1 3 11OLW $165.00 Molding Specimen (Marshall or I Iveem Stability) $82.50 1 ench $82.50 Asphalt Density"Perccnt Air Voids (Specific Gravity/Unit Weigi $25.00 1 each $25.00 Extraction/Gradation (Percent Asphaltic Bitumen and Aggregat, $175.00 1 each $175.00 Maximum -1 heoretical Specific Gravity (Specific Gravity ol'Asp $85.00 1 each $85.00 I-IMAC Core (6") (Coring and Cold Patching) $15.50 0 inch $0.00 Density/Percent Air Voids ol'l•IMAC Cores $25.00 0 each $0.00 TRAVEL Trip Charge (each) $50.00 56 cuch $2,800.00 PROJECT M ANAGEM ENT Project Management $105.00 16 how $1,680.00 Clerical $55.00 16 hots $880.00 Note: Project Management lime is billed as time Ibrmvicwing. reports. coordination._ and consultation. ESTIMATED BUDGET: $21,623.50 NOTES: i) This is an estimate ofthe cost for testing and inspection. Construction schedules and unforeseen circumstances may affect the final cost. Only work performed will be invoiced. This is not a guarantee not to c�,:ced cost estimate, if it becomes apparent the cost estimate will be c%rccdcd, we will notify our client as soon as this situation is noted. 2) All sen ices billed at a hourly rate and charged at the applicable rate. portal-to-portal with a 3 hour minimum. 3) Overtime rates of 1.5 times the regular hourly rate will be char�.cd for hours worked o% er 10 hours per day Monda) thru Friday between 50)pmand 7:00am oron Saturdays. Services performed on Sunda} s and recognized holidays will be billed at 2.0 times the regular hourly rate. 4) Additional test not specified in this proposal will he quoted upon request. 5) The estimated units above do not include stand -b) -time forcontractor non -readiness or retests of previously failing tests. PrP»+cert Terrm Nei 30 Dais Page 2 of 2 Exhibit "A" ACo CERTIFICATE OF LIABILITY INSURANCE DATEtMMI°D"YYY' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0211412019 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 have ADDITIONAL INSURED provisions or 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 NAME:NTABradle Bradley Insurance Agency CNNEv_Eat1. (817) 332-8288 OLC uaj• . 'A- 1415 Summit Avenue REss• dalia@bradleyinsurance cam DD _ INSURERLS) AFFORDING COVERAGE NAIL II Fort Worth TX 76102 INSURER A: NATIONAL LLOYDS INS CO 15474 INSURER 8: AMGUARD INS CO 42390 INSURED INSURER C: PROFESSIONAL LIABILITY INS. 524210 T Smith Inspection $ Testing LLC INSURER D: Evanston Insurance Company 2211 Century Center Bivd.Ste101 INSURER E : 1 INSURER F: Irving TX 76118 rn►rroer_cc r_GIaTWIi ATF uI IMPtFR- REVISION NUMBER - 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. !NSR LTR TYPE OF INSURANGE ADDLISWVnUaRI POLICY NUMBER MM7�YlYYYY MfO,Vu00lW Y� LIMITS ACCORDANCE WITH THE POLICY PROVISIONS. X I COMMERCIALGENERALUABIUTY ! 221 East Main Street AUTHORIZED REPRESENTATIVE) Round Rock TX 78664 EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR -DANIAGENTFID PREMISES Eo ocnarsrtfe S 100,000 MED EXP A one rson) s 5.000 BIIPI DED PERSONAL 8 ADV INJURY S 100,000 A !Xr$5'00 r Claim Y Y GL8006476-02 03/17/2018 03/17/2019 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG s 2,000,000 X POLICY PRO- JECT LOC $ OTHER: AUTOMOBILEUABILJTY i COMBINED SINGLE LIMIT Faamdenf S 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B OWNED SCHEDULED AUTOS HIRED AUTOS ONLY AUTOS X AUTOS ONLY X NON -OWNED AUTOS ONLY Y TSAU947261 1210912018 12/09/2019 BODILY INJURY (Par accident) $ PBOnePEDAMAGE $ $ X UMBRELLA UAB OCCUR Y EACH OCCURRENCE S 1.000,000 AGGREGATE $ 1,000,000 _ D EXCESS UAB CLAIMS•MADE Y I Y 3153124 12/11/2018 12/11/2019 OED RETENTION $ s I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YQ OFFICEWMEMBER EXCLUDED? (Myyandatory In NH) N!A PEAR OTLITE RH- EL.EACH ACCIDENT $ E L. DISEASE - EA EMPLOYE S E -L DISEASE -POLICY -MIT S bo un DESCRIPTION OF OrPERATIONS below Professional Liability C PGIARK09197-00 12109/2018 12/09/2019 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) City of Round Rock and its officers, employees, and elected officials are included as Additional Insured's, this coverage is primary and non-contributory and a waiver of subrogation is provided in their favor. Thirty day notice of cancellation applies. CERTIFICATE !40I r1FR CANCELLATION 9)1988-2015 ACORD CORPORATION. All rights re5ervea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 East Main Street AUTHORIZED REPRESENTATIVE) Round Rock TX 78664 9)1988-2015 ACORD CORPORATION. All rights re5ervea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL8006476-02 COMMERCIAL_ GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED W OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET - ADDITIONAL INSUREDS - SEE ATTACHED SCHEDULE SEE ATTACHED SCHEDULE SEE ATTACHED SCHEDULE IRVING, TX 75062 (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section If - Who Is An Insured is amended to include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily In- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: SEI* ATTACHED SCHEDULE SEE ATTACHED SCHEDULE IRVING, TX 75062 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included In the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©, Insurance Services Office, Inc., 2008 Page 1 of 1 City of Round Rock $'ROUND ROCK ? TFXAS Agenda Item Summary Agenda Number: Title: Consider executing a Professional Consulting Services Agreement with T. Smith Inspection and Testing, LLC for construction materials and testing services for the Old Settlers Park Adult Recreation Complex (Phase 1). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/1/2019 Dept Director: Rick Atkins, Director Cost: $21,623.50 Indexes: 2017 General Obligation Bonds Attachments: Agreement- OSP Adult Recreation Complex - Phase 1, Insurance- OSP Adult Recreation Complex - Phase 1, LAF- OSP Adult Recreation Complex - Phase 1 Department: Parks and Recreation Department Text of Legislative File CM -2019-0062 This item allows T. Smith Inspection and Testing (TSIT) to continue construction material testing associated with the Old Settlers Park Adult Recreation Complex. Originally, TSIT was working off of a purchase order, but exceeded that limit. They had underestimated the number of tests required on the softball fields. This agreement will take the project to completion. The Adult Recreation Complex at Old Settlers Park includes construction of two (2) lighted recreational softball fields, a small restroom facility, spectator seating and shade, flexible field space, and parking. This project will serve as the first phase of the Recreation Complex and will replace the two softball fields currently located in McNeil Park which will be removed as part of the Nutty Brown Development. Cost: $21,623.50 Source of Funds: 2017 General Obligation Bonds City of Round Rock Page f Printed on 2!28/2079