CM-2019-0194 - 6/28/2019CITY 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 the Fire Station No. 3 Construction Project (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 RoundviIle Lane,
Round Rock, Texas 78664 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the Fire Station No. 3 Construction 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.
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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 CITY SERVICES
City shall provide all services set forth in the attached Exhibit "A'' titled "City Services,"
which document is incorporated herein for all purposes.
3.01 SCOPE OF SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit `B" titled "Scope of Work," which
document is incorporated herein for all purposes. Consultant shall satisfactorily provide all
services described herein and as set forth in Exhibit "B" in the time set forth in the attached
Exhibit "C titled "Work Schedule." which document is incorporated herein for all purposes.
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 LINIITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
f xhibit "R.- and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit -13," 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 the attached Exhibit "D" titled "Fee ScheduIe,"'
incorporated herein for all purposes, for services and the Scope of Services deliverables as
delineated in Exhibit `'B."
Not -to -Exceed Total Payment for Services: Consultant's total compensation for
consulting services hereunder shall not exceed Forty -Five Thousand and No/100 Dollars
($45,000.00). 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 Ex enses: 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
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 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
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(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.
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
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 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 parry. 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.
(G) 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.
13.01 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.
14.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
,A ith 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.
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 Iiable 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),
,Ahether 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.
16.01 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
Iimited 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.
17.01 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.
18.01 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:
(I) 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 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.
19.01 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 Iaws, 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. Consultant 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 EIimination
System (TPDES). The Consultant 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 Consultant 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 Consultant agrees to comply with any
applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I-PIan
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.
20.01 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.
21.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Matthew Smith
Building Construction Superintendent
City of Round Rock
212 Commerce Cove
Round Rock, TX 78664
(5I2) 218-7016
m sm itltnroundrocktexas.cov
22.01 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
C
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.
23.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http::. ww,%N.roundrocicteras.QoN,'%N,p-content/uploads'2014 12:'corr_insurance_07.201 12.pdf
24.01 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.
2.01 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.
26.01 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.
27.01 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
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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.
28.01 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.
29.01 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.
30.01 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.
31.01 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
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed Na e: t.
Title: _ ►
Date Signed: —
For City, Attest:
—tft(k
By: t
Sara L. White, City Clerk
For City, pproved as to Form:
By.,
Stepha L. Sheets, City Attorney
12
Rock Engineering & Testing Laboratory,
Inc.
By:
Printed Name:G-
Title: ie ! !- — X
Date Signed: 7 1
May 29, 2019
City of Round Rock — General Services
Mr. Matthew Smith — msmith(a)roundrocktexas.gov
212 Commerce Cove _
Round Rock, Texas 78664
SUBJECT: PROJECT BUDGET ESTIMATE
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS
ENGINEERING & TESTING
• SOILS • ASPHALT • CONCRETE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
PROPOSED FIRE STATION NO.3
201 SUNDANCE PARKWAY
ROUND ROCK, TEXAS
RETL PROPOSAL NO.: P051319A
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. 3 project. As requested, RETL is pleased to submit
this Project Budget Estimate which includes pricing information for your review.
Background Information
The following information was provided for our use in the preparation of this Project Budget
Estimate:
• Report of Subsurface Exploration and Geotechnical Evaluation prepared by Rock
Engineering & Testing, Inc. (RETL Project No. G318100)
• Fire Station 3 Bid Set of drawings dated 3/13/2019
Project Understanding
Based on the referenced information, we understand that the proposed project will consist of the
following:
1 -story structure with plan area of approximately 11,700 square feet
Soil supported concrete slab with spread footings at column locations
Metal frame with CMU walls
Grading operations to bring the site to proposed grades for building pads and paved
areas.
Placement of imported Select Fill to raise the building pad to the design
subgrade elevation
Placement of import or on-site soils to raise the site to the proposed
subgrade elevations
Paved areas consisting of rigid concrete and flexible pavement materials
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"
Scope of Services
City of Round Rock — General Services
May 29, 2019
RETL Proposal No.: P051319A
Scope of Services
PROPOSED FIRE STATION NO.3
201 Sundance Parkway
Round Rock, Texas
RETL proposes that the scope of our services for this project consist of the following inspections
and testing services. Our services will be provided to determine compliance of the contractors
work with the project plans and specifications.
Earthwork Inspection and Testing
Verify removal of organic and upper clay stratum within the building pad area;
additional excavation to an approximate elevation of EI 832.0 feet
Continuously observe the placement of imported Select Fill to raise the
building pad to the design subgrade elevation per the International Building
Code Section 1706.6; placement of approximately 17 feet of Select Fill
Periodically observe the placement of General Fill materials to bring the site
to the design subgrade elevations
Field moisture content and density testing on subgrade soils and
soils/aggregates placed as fill/backfill materials
m Laboratory testing of soils to include:
■ Atterberg Limit (Tex -104-E, Tex -105-E, and Tex -106-E)
■ Sieve Analysis (Tex -110-E, Part 1)
• Percent Finer than No. 200 Sieve (Tex -110-E, Part II)
• Moisture Density Relationship (Tex-113-Eand Tex -114-E)
Foundation Inspection
Observe foundation excavations for confirmation of bearing materials and
removal of loose soils
Observe exterior foundation excavation for proper installation of vertical
moisture barrier and placement of Controlled Low Strength Material (CLSM)
backfill
Observe placement of reinforcing steel
■ Bar size
■ Bar 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)
Periodic inspection of the placement of non-structural concrete
Laboratory compressive strength testing of test specimens (ASTM C39)
Page 2 of 7
- Exhibit "A"
Scope of Services
City of Round Rock — General Services
May 29, 2019
RETL Proposal No.: P051319A
PROPOSED FIRE STATION NO.3
201 Sundance Parkway
Round Rock, Texas
Masonry Inspection and Testing
Periodic inspection of concrete masonry unit construction
• Obtain representative samples of mortar and grout
• Measurement of grout slump (ASTM C143)
■ Measurement of temperature (ASTM C1064)
■ Preparation of compressive strength test specimens (ASTM C39)
Laboratory compressive strength testing of mortar and grout test specimens
(ASTM C39)
+ Engineering
c. Review of material testing reports
o Preparation of 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)
• Moisture/Density Relationship (per test)
• Sieve Analysis (per test)
• Minus #200 Sieve (per test)
+ Field Density Testing - Nuclear Method (per day)
• Concrete Test Cylinders (each)
• Mortar Cubes (per set of 3)
• Grout Prisms (per set of 4)
+ Engineering Technician (per hour)
• Sr. Engineering Technician (per hour)
• Project Manager (per hour)
+ Registered Professional Engineer (per hour)
$ 65.00
$ 225.00
$ 60.00
$ 35.00
$ 175.00
$ 25.00
$ 140.00
$ 160.00
$ 42.00
$ 46.80
$ 95.00
$ 165.00
Based on a project schedule of 13 months 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 9700 hours
services provided over 8 hours per day
provided on Saturday, Sunday, and all Holidays
+ No transportation charges will apply.
Page 3of7
Exhibit "A"
Scope of Services
City of Round Rock - Genera! Services
May 29, 2019
RETL Proposal No.: P051319A
PROPOSED FIRE STATION NO. 3
201 Sundance Parkway
Round Rock, Texas
Proiec# Budget Estimate
Based on the information provided and our experience providing Construction Materials
Engineering Services on similar City of Round Rock Fire Station projects, RETL anticipates that
the following quantities of testing may be required for this project:
Soils
Quantity
Amount
Total
Engineering Technician 5R, hr
312
$46.80
$14,601.60
Engineering Technician SR OT, hr
0
$60.85
$0.00
Atterberg Limits, ea
8
$65.00
$520.00
Moisture/Density Relationship, ea
8
$215.00
$1,720.00
Sieve Analysis, ea
8
$60.00
$480.00
Minus #200 Sieve, ea
8
$35.00
$280.00
Field Density Testing - Nuclear Method, day
45
$175.00
$7,875.00
Project Manager, hr
8
$95.00
$760.00
Professional Engineer, hr
2
$165.00
$330.00
Sub Total $26,566.60
Reinforcing Steel
Engineering Technician SR, hr 40 $46.80 $1,872.00
Engineering Technician SR OT, hr 0 $60.85 $0.00
Project Manager, hr 2 $95.00 $190.00
Professional Engineer, hr 0 $165.00 $0.00
Sub Total
Concrete/ masonry
$2,062.00
Engineering Technician, hr
24
$42.00
$1,008.00
Engineering Technician OT, hr
24
$54.60
$1,310.40
Engineering Technician SR, hr
48
$46.80
$2,246.40
Engineering Technician SR OT, hr
0
$60.85
$0.00
Concrete Test Cylinder, ea
100
$25.00
$2,500.00
Mortar Cube, ea
15
$140.00
$2,100.00
Mortar Prism, ea
17
$160.00
$2,720.00
Project Manager, hr
4
$95.00
$380.00
Professional Engineer, hr
1
$165.00
$165.00
Sub Total
$12,429.80
Page 4 of 7
91
Exhibit "A"
Scope of Services
City of Round Rock — General Services PROPOSED FIRE STATION NO.3
May 29, 2019 201 Sundance Parkway
RETL Proposal No.: P051319A Round Rock, Texas
Asphalt
Engineering Technician SR, hr
20
$46.80
$936.00
Engineering Technician SR OT, hr
0
$60.85
$0.00
Field Density Testing - Nuclear Method, day
3
$175.00
$525.00
Extraction/Gradation, ea
3
$210.00
$630.00
Maximum Theoretical Specific Gravity, ea
3
$75.00
$225.00
Core Thickness/Density, ea
3
$65.00
$195.00
Project Manager, hr
2
$95.00
$190.00
Professional Engineer, hr
1
$185.00
$185.00
Sub Total $2,886.00
Special Inspections
Special Inspector, hr
0
$75.00
$0.00
Special Inspector OT, hr
0
$112.50
$0.00
Vehicle Charge, ea
0
$50.00
$0.00
Project Manager, hr
0
$95.00
$0.00
Professional Engineer, hr
6
$165.00
$990.00
Sub Total $990.00
Estimated Project Total $44,934.40
RETL suggests that a Construction Materials Inspection and Testing Services budget amount on
the order of $45,000.00 be set aside for this project. 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. The total fee will be dependent on
the number of tests and inspections performed, and number of trips made to the site.
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.
Page 5 of 7
_ I
Exhibit "A"
Scope of Services
City of Round Rock — General Services PROPOSED FIRE STATION NO.3
May 29, 2019 201 Sundance Parkway
RETL Proposal No.: P051319A Round Rock, Texas
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 entitle to recover any sum greater than the amount paid by
the client to RETL for the services performed by RETL.
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 Engineering Services 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,
Bryan Angelo
CMT Project Manager— Round Rock
Arnie K. Hammock, P.E.
Vice President — Round Rock
Page 6 of 7
I
Exhibit "A"
Scope of Services
City of Round Rock — General Services
May 29, 2019
RETL Proposal No.: P051319A
Proiect Information Sheet
1. Project Manager.
PROPOSED FIRE STATION NO. 3
201 Sundance Parkway
Round Rock, Texas
2. Telephone No. Email address
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:
Purchase Order No.
Telephone No.:
Page 7 of 7
Exhibit "A"
Scope of Services
City of Round Rock
TrMNO ROCK Agenda Item Summary
Tt xA
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
Rock Engineering & Testing Laboratory, Inc. for construction materials
testing services related to the Fire Station No. 3 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 6/2812019
Dept Director: Chad McDowell, General Services Director
Cost: $45,000.00
Indexes: 2017 General Obligation Bonds
Attachments: Agreement
Department: General Services Department
Text of Legislative File CM -2019-0184
Construction testing services required by the City's contract for the testing of construction
materials for the Fire Station No. 3 project.
Cost. $45,000.00
Source of Funds: 2017 General Obligation Bonds
City of Round Rock Page f PHnted on 0/28/2019