CM-2019-0322 - 10/18/2019CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
FUGRO USA LAND 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 McNeil Road Extension (Phase 2) Project (the "Agreement") is
made by and benveen 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
FUGRO USA LAND, INC., located at 8613 Cross Park Drive, Austin, Texas 78754 (the
"Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the McNeil Road Extension (Phase 2) Project; and
WHEREAS, City desires to contract with Consultant 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.
00432290.ss2
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 agrees to provide the services to Consultant as described in Exhibit "A" titled "City
Services," incorporated herein by reference for all purposes.
3.01 PROPOSAL FOR SERVICES
For purposes of this Agreement Consultant has issued its proposal for services for the
tasks delineated therein, such proposal for services being attached to this Agreement as Exhibit
"B" titled "Scope of Work," which document is incorporated herein by reference for all
purposes.
4.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "B" pursuant to the schedule set forth in Exhibit "C," titled "Work Schedule," which
document is incorporated herein by reference 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.
5.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "B" and herein, and Consultant shall not undertake work that is beyond the Scope of
Work set forth in Exhibit "B," 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.
6.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit "D" entitled "Fee Schedule," which
document is attached hereto and incorporated herein by reference for all purposes, in payment
for services and the Scope of Services deliverables as delineated in Exhibit "B."
Consultant's total compensation for consulting services hereunder shall not exceed
Thirty -Two Thousand Nine Hundred Twenty -Three and No/100 Dollars ($32,923.00). 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.
7.01 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.
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 7.01 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.
8.01 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
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
9.01 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.
10.01 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.
11.01 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 wort: 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.
12.01 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 tern of this Agreement.
13.01 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.
14.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the 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.
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(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.
15.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by tine 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, knout -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
lnformatian 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.
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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. Consultant shall be allowed to keep a copy
of the materials for its records.
16.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards under similar circumstances, and
shall be performed in a professional and workmanlike manner. Consultant shall re -perform any
work not in compliance with this representation.
17.01 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.
18.01 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 arising out of this Agreement to
the extent caused by Consultant's acts of negligence or willful misconduct.
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
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fees arising out of this Agreement to the extent caused by City's acts of negligence or willful
misconduct.
19.01 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.
20.01 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) Mahe state and/or federal unemployment compensation contributions on
ConsuItant'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.
21.01 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. 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) will not boycott
Israel during the tens of a contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
22.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
hit s: www. roundroc ktexas. =ovMT -con tent/u loads. 2014, 12'corr insurance 07.20112. df A
certificate of insurance is attached as Exhibit "E" of this Agreement and incorporated herein by
reference for all purposes.
23.01 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.
24.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Bill Stablein, Project Manager
Transportation Department
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
(512) 218-3237
bstablein @roundrocktexas.gov
25.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(l) 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:
Fugro USA Land, Inc.
8613 Cross Park Drive
Austin, Texas 78754
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
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Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
26.01 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.
27.01 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.
28.01 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.
29.01 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.
30.01 STANDARD OF CARE
Consultant shall perform the services with the care and skill ordinarily used by members
of the profession practicing or working under similar circumstances at the same time and in the
same locality.
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31.01 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.
32.01 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.
33,01 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
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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
By: Lb,
Printed
Title:
Date Si
For City, Attest:
By:
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For City, A proved as to Form:
By:
Stephan L. heels, City Attorney
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Fugro USA Land, Inc
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Printed Name: Peter H. Bush, P.E.
Title: Senior Vice President
Date Signed: October 14, 2019
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EXHIBIT A
CITY SERVICES
EXHIBIT A
City Services
The City will provide the following items/information for the ENGINEER under this agreement:
1. Pertinent data related to specific work orders.
2. Timeline for submissions.
3. Meet with ENGINEER on an as -needed basis depending on the work order.
4. Review submittals and provide comments.
5. Coordinate and inform Consultant of scheduled testing events.
EXHIBIT B
ENGINEERING SERVICES
City of Round Rock
Transportation Department
2008 Enterprise Drive
Round Rock, Texas 78664
EXHIBIT B
Attention: Mr. Bill Stablein, Project Manager
bstablein@roundrocktexas.gov
Fugro USA Land, Inc
8613 Cross Park Drive
Austin, Texas 78754
Phone: 512-977.1900
Fax 512-973-9966
Proposal No. 04.30192020
August 19, 2019
Proposal for Construction Materials Engineering and Testing Services
McNeil Road Extension (Phase — 2)
Round Rock, Texas
Introduction
Fugro USA Land, Inc. (Fugro) is pleased to submit this proposal for providing on-site and
laboratory testing services of construction materials for the above -referenced project. The project
consists of the construction of 1,942 linear feet of flexible pavement from McNeil Road to
Georgetown Street including portions of Lewis, Stone and Black Streets with associated culverts,
retaining walls and sidewalks. Related construction will include the installation of underground
utilities consisting of both water and wastewater lines.
It is anticipated Fugro will perform testing services when requested by City of Round Rock
inspection personnel. In this proposal we present a scope of services, a fee estimate and unit price
schedules.
Scope of Services
Based upon our understanding of the project, we present our proposed scope of services in
the following paragraphs, consisting of providing Quality Control testing services. Our services will
consist of:
• Earthwork Testing;
• Lime Stabilized Subgrade Testing;
• Concrete Testing; and
• Hot Mix Asphaltic Concrete Testing.
Fugro I TBPE Registration No. F-299 I With operating companies throughout the world
T 512 977 18001 F 512 973 99661 E Pbush&(uaEQ.cgm I W fugro.com
City of Round Rock Transportation Department August 19, 2019
Mr. Bill 5tablein, Project Manager Page 2 of S
For placement and compaction of subgrade, embankment, backfill and base material we
will provide a soil technician when requested to perform required field density tests. Laboratory
tests will consist of Atterberg Limit determinations, gradation analyses, and moisture density
relationships. It is assumed that a pre -qualified roadway base material will be supplied by the
Contractor for the related pavement construction.
For lime stabilized subgrade, after application and mixing we will perform field gradations
to document proper mixing, pulverization, and breakdown of the mixture. After compaction of the
lime and soil, we will perform in-place density testing and determine the thickness of lime.
Samples of the lime conditioned soil will be taken back to the Fugro laboratory for Atterberg Limit
Determination to document the resulting Plasticity Index (PI). The adequacy of the resulting PI will
be determined by others.
When requested, our duties for cast -in-place concrete monitoring will be slump testing,
molding compression test cylinders, and concrete compression testing. Concrete will be observed
for slump at the point of placement, and one set of concrete cylinders will be cast at the specified
frequency. Air content will be tested for concrete exposed to weather. Our fees do not include
control or documentation of the initial field -curing environment of the compressive strength test
cylinders.
Our duties for hot mix asphalt testing and coring will include collecting bulk hot mix
asphalt samples (bag samples) for laboratory testing to determine bulk specific gravity, maximum
theoretical specific gravity and asphalt content and gradation using the extraction method. We
will also obtain asphalt core specimens of the compacted material to compare field density values
against the laboratory values. We assume the paving contractor will collect the bag samples
during placement and carefully note the location of retrieval to subsequently allow us to obtain the
cores of the completed mat at the related bag sample locations for comparison.
Our field technician(s) will immediately report results of field observations directly to the
on-site job superintendent and owner's representative. We will assist the superintendent in
identification and correction of any observed non -compliances with project specifications. In no
case will our technician direct the contractor's operations, waive specifications, or make final
acceptance of the contractor's work. Written reports will be transmitted electronically.
6RI M
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City of Round Rock Transportation Department August 19, 2019
Mr. Bill 5tablein, Project Manager Page 3 of 5
The scope of services and estimated fee proposed herein does not include:
a Engineering consultation regarding any observed non -conformances;
• Inspection of any items at off-site suppliers and fabrication plants; it is assumed that
suppliers and fabrication plants employed by the contractor have their own QA/QC
program to satisfy the project and local building code requirements;
• Special Inspection services;
■ Verification of project lines -and -grades;
• Field verification of lime application rates during application;
• Welding Inspection;
• Testing associated with planned geogrid installation;
• Assistance with contractor's means and methods;
• Self -Initiation of testing events;
■ Pull -Out tests; and
• Standby time, trips to site for cancellations without notice, retesting, reinspection, or
testing services for the contractor's convenience or internal Quality Control.
Terms and Conditions
Our general conditions for materials engineering and technical services are presented on
Schedule 40.01, Attachment 2. Construction materials testing fees are included on Fee Schedule
CMT -30192020, Attachment 3. Both schedules are attached. The project will be billed monthly on
the basis of the Fee Schedule.
Materials testing services are for quality control purposes only. In no way are our personnel
responsible for the job site safety of others, nor do they have stop -work authority. However, our
personnel will conduct their work in a safe, workman -like manner, and will observe work -site safety
requirements.
Proposed Fees
Testing costs will vary depending on the construction schedule, project sequencing,
overlapping of work, weather, and other factors. Our services will be provided on a call -out basis
and will be invoiced in accordance with the unit rates provided on Attachment 3. For budgeting
purposes, we estimate that our fees will be approximately as detailed in Attachment 1, Cost
GRO
City of Round Rock Transportation Department
Mr. Bill 5tablein, Project Manager
August 19, 2019
Page 4of5
Estimate. This estimated fee will not be exceeded without the client's prior authorization.
Required additions to the above scope of services would be invoiced in accordance with the
attached Fee Schedule. Services will be provided on a time and materials basis.
t * t
To indicate acceptance of our proposal, please have the signature block below signed by a
duly authorized person in the spaces provided and return a scanned copy to us for our files.
Whoever signs on the space below will be identified as our client as used throughout
Schedule 40.01, attached.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions, please call.
FUGRO USA LAND, INC.
TBPE Firm Registration No. F-299
/h- -6. i
Hamee Baq e
CME Manager
eh-P
Peter H. E.
Senior Vice President
M B H/PH B/I t(w/cmt/Project Files/2019/PO4 30192020)
CLIENT:
Authorizing Signature
Name & Title
Company
Date
RD
_P ARD
City of Round Rock Transportation Department August 19, 2019
Mr, Brll 5tablein, Project Manager Page 5 of 5
Document Distribution
Unless requested otherwise, test reports will be distributed to the following e-mail addresses:
Owner: City of Round Rock
Attn: Mr, Bill Stablein, Pro'Pro*ect Manager
Attn:
Attn:
Manager:
Attn:
Attn:
Contractor:
Attn:
Attn:
Architect:
Attn:
Attn:
Engineer:
Attn:
Attn:
Other:
Attn:
Attn:
Tele:
E -Mail: bstablemProundrocktexas.aov
E -Mail:
E -Mail:
Tele:
E -Mail:
E -Mail:
Tele:
E -Mail:
E -Mail -
Tele:
E -Mail:
E -Mail:
Tele:
E -Mail:
E -Mail:
Tele:
E -Mail:
E -Mail:
an
�6RO
SCHEDULE 40.01 Schedule 40.01
1. Parties to This Agreement
CLIENT as used herein is the entity who authorizes performance of services by Fugra USA Land, Inc. (FUGRO) under the conditions stated herein.
FUGRO as used herein includes Fugro USA Land, Inc., its employees and officers, and its subcontractors and sub -consultants (including affiliated
corporations).
2. On-site Responsibilities and Risks
2.1 Right -of -Entry. Unless otherwise agreed, CLIENT will furnish unfettered rights -of -entry and obtain permits as required for FUGRO to perform the
fieldwork.
22 Damage to Property. FUGRO will take reasonable precautions to reduce damage to land and other property caused by FUGRO's operations.
However, CLIENT understands that damage may occur and FUGRO's fee does not include the cost of repairing such damage. if CLIENT desires
FUGRO to repair and/or pay for damages, FUGRO will undertake the repairs and add the pre -agreed cost to FUGRO's fee.
2.3 Toxic and Hazardous Materials. CLIENT will provide FUGRO with all information within CLIENT's possession or knowledge as to the potential
occurrence of toxic or hazardous materials, or Biological Pollutants (as defined in 9. below) at the site being investigated. If unanticipated toxic or
hazardous materials, or biological pollutants are encountered, FUGRO reserves the right to demobilize FUGRO's field operations at CLIENT's expense
Remobilization will proceed following consultation with FUGRO's safety coordinator and CLIENT s acceptance of proposed safety measures and fee
adjustments.
2,4 Utilities and Pipelines, While performing FUGRO's fieldwork, FUGRO will take reasonable precautions to avoid damage to subterranean and
subaqueous structures, pipelines, and utilities. CLIENT agrees to defend, indemnify, and hold FUGRO harmless for any damages to such
structures, pipelines, and utilities that are not called to FUGRO's attention and/or correctly shown on plans furnished to FUGRO.
2.5 Site Safety. FUGRO is not responsible for the job site safety of others, nor does FUGRO have stop -work authority over work by others, However.
FUGRO will conduct its work in a safe, workman -like manner, and will observe the work -site safety requirements of CLIENT that have been
communicated to FUGRO in writing.
3. StandiEd 9f Qr
3.1 FUGRO will perform its services consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions in the same location.
3.2 CLIENT acknowledges that conditions may vary from those encountered at the location where borings, surveys, or explorations are made and that
FUGRO's data, interpretations, and recommendations are based solely on the information available to FUGRO, and FUGRO is not responsible for
the interpretation by others of the information developed,
4, Limitation of Remedies
To the greatest extent permitted by law, CLIENT's sole remedy against FUGRO for claims and liabilities in any way arising out of or directly or indirectly
related to FUGRO's work for CLIENT will not exceed an aggregate limit of $50,000 or the amount of FUGRO's fee, whichever is greater, regardless of the
legal theory under which remedy is sought, whether based an negligence [whether sole or concurrent, active or passive), breach of warranty, breach of
contract, strict liability or otherwise. In the event CLIENT does not wish to limit FUGRO's remedy to this sum, and if CLIENT requests in writing prior to
acceptance of this Agreement, FUGRO agrees to negotiate a greater remedy amount in exchange for an increase in scope and fee appropriate to the
project and remedy risks involved..
5. Invoices and Payment
At FUGRO's discretion, invoices will be submitted at the completion of task elements, or monthly for services rendered. Payment is due upon
presentation of FUGRO's invoice and is past due thirty- (30) days from invoice date. CLIENT agrees to pay a financing charge of one percent (1%) per
month (or the maximum rate allowable by law, whichever is less), on past due accounts, and agrees to pay attorney's fees or other costs incurred in
collecting any delinquent amount.
6. Data, Records, Work Product and Reporl(s). and Samples
Data, Records, Work Product and Report(s) are FUGRO's property. All pertinent records relating to FUGRO's services shall be retained for a minimum of
two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during said period. FUGRO will retain
samples of soil and rock for a minimum of 30 days after submission of FUGRO's report unless CLIENT advises FUGRO otherwise. Upon CLIENT's
written request, for an agreed charge FUGRO will store or deliver the samples in accordance with CUENT's instructions.
7,njemnification
FUGRO and CLIENT shall indemnify each other from any claims, damages, losses, and Casts, including, but not limited to, reasonable attorney's fees and
litigation costs, to the proportionate extent caused by each party's own negligence, including the negligence of the indemnifying party, and its employees.
affiliated corporations, officers, and sub -tier parties in connection with the project.
B. Conseauential Damages
Notwithstanding any other provision of this Agreement, CLIENT and FUGRO waive and release any claim against the other for loss of revenue, profit cruse
of capital, loss of services, business interruption and/or delay, loss of product, production delays, losses resulting from failure to meet other contractual
commitments or deadlines, downtime of facilities, or for any special, indirect, delay or Consequential damages resulting from or arising out of this
Agreement or as a result of or in connection with the work, and whether based an negligence (whether sole or concurrent, active or passive), breach of
warranty, breach of contract. strict liability at otherwise.
9. Biological PDIIWtants
FUGRO's scope of work does not include the investigation, detection, or design related to the presence of any Biological Pollutants. The term 'Biological
Pollutants' includes, but is not limited to, mold, fungi, spores, bacteria, and viruses, and the byproducts of any such biological organisms. CLIENT agrees
that FUGRO will have no liability for any claim regarding bodily injury or property damage alleged, arising from, or caused directly or indirectly by the
presence of or exposure to any Biological Pollutants. In addition, CLIENT will defend, indemnify, and hold harmless FUGRO from any third party claim for
damages alleged to arise from or be caused by the presence of or exposure to any Biological Pollutants. If CLIENT requests in writing prior to acceptance
of this Agreement, FUGRO will negotiate a greater limitation amount, and remove CLIENT's responsibilities, in exchange for an increase in fee to develop an
expanded scope of work to provide biological pollutant protection.
10. AgcpI2laUclt Uf Agreement
These GENERAL CONDITIONS have been established in large measure to allocate certain risks between CLIENT and FUGRO, FUGRO will not initiate
service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS. Acceptance or authorization to initiate services
shall he considered by both parties to constitute formal acceptance of all terms and conditions of these GENERAL CONDITIONS. Furthermore, all
preprinted terms and conditions on CLIENTS purchase order at purchase order acknowledgment forms are inapplicable to these GENERAL CONDITIONS
and FUGRO's involvement in CLIENT's project.
11. Termination of Conlract
CLIENT and FUGRO may terminate services at any time upon ten (10) days written notice In the event of termination, CUENT agrees to fully
compensate FUGRO for services performed including reimbursable expenses to the termination date, as well as demobilization expenses. FUGRO will
terminate services without waiving any claims or incurring any liability.
CON407 (0)
EXHIBIT C
WORK SCHEDULE
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EXHIBIT D
FEE SCHEDULE
PCRO
�mposal No. 04.30192020
August 19, 2019
EXHIBIT D
Cost Estimate
Construction Materials Testing Services
McNeil Road Extension (Phase - 2), Round Rock, Texas
Fugro USA Land. Inc
8613 Cross Park Drive
Austin, Texas 78754
Phone 512 977 1800
Fax: 512 973 9966
FlaId Testing - Earthwork
Cluantity
Unit
Unit Price
Extension
Subtotal
1.1 Technician
60
hour
$48.00
$2,880.00
2.1 Transportation 25 each $65.00 $1,625.00
2.2 Nuclear Density Tests 300 each $19.00 $5,700.00
3.3 Thichness of Lime Conditioning 15 1 each $35.00 $525.00
Field Gradation of Lima Conditioned Mixture 101 each 1 $75.001 $750.00
Subtotal
$11,480.00
Labor tory Testing for Earthwork & Pavement Base
Quantity
Unit
Rate
Extension
3.2 Atlerberq Limit Determinations Soil Classification 12 each $75.00 $900.00
3.3 Sieve Analysis 12 each $75.00 $900.00
3.6 Moisture Density Relationship 12 each $235.00 $2,820.00
3.2 Atterberg limit Determinations {Lime Conditioned Soil 101 each $75.00 $750.00
Subtotal
$5,370.00
Concrete Placement - Structural
Quantity
Unit
Rate
Extension
1.2 Senior Technician 83 hour $58.00 $4.814.00
2.1 Transportation 30 each $65.00 $1,950.00
2.9 Air Content of Fresh Concrete 15 each $25.00 $375.00
4.6 Compressive Siren th of Concrete 60 each $19.00 $1,140.00
Subtotal
$8,279.00
Hot Mixed Asphaltic Concrete ), Based on Two
Placement Events
Quantity
Unit
Rate
Extension
1.2Senior Technician (Bag Retrieval & Corin
8
hour
$58.01)
$464.00
2.1 Transportation 2 each $65.00 $130.00
2.6 halt Coring Equipment 8 hour $30.00 $240.00
Subtotal
$834.00
Laboratory Testing for HMAC
Quantity
Unit
Rate
Extension
5.2 Molding Test Specimens, 3 per Set, Bulk Density & 6 each $135.00 $810.00
Stability
5.3 Determine Maximum Theoretical Density. Bag 6 each $78.00 $468.00
5.6 Asphalt Content and Gradation, Extraction 6 each $420.00 $2.520.00
5.7 Bulk Specific Gravity of Asphalt Core 61 each 1 $47.00 1 $282.00
Subtotal
$4,080.00
Pro ecl Management and Su ervislon
Quantity
Unit
Rale I
Extension
7.1 lWord ProcessinglReport Preparation & Distribution 12 hours $65.0-0-[--$780.00
8.2 Pro'ecl Manager 12 hour $175.00 $2,100.00
Sublotall
$2,880
Total Estimated Cost I 532,923.00
Page 1 of 1 Fugro ! TBPE Registration No F 2991 With operating companies throughout the world
T 512 977 1800 1 F 512 973 9966 1 E Pbush&funro;com I W fugro.corn
Pcm,
ARID
Fee Schedule 30192020
FEES FOR CONSTRUCTION MATERIALS TESTING SERVICES
Fugro USA Land, Inc
8613 Cross Park Drive
Aistm, Texas 78754
Phone 512-977-1600
Fax 512-973-9966
1. Field Technicians Regular Time(1)
Natural Moisture Content (TEX-1034) ...._ _.___.»,... _._ ..... S
Overtime(2)
1.1
Technician (NICET Level I or equivalent) $ 48.00/hour
$
58,00/hour
1.2
Senor Technician (NICET Level It, TxDOT
S
75.00/each
34
Level 1A/1B, Associate Welding Inspector,
... S
45.00/each
3,5
or equivalent) S 58.00/hour
$
68,00/hour
1.3
Senior Supervising Technician (NICET
Level III, TxDOT Level II, or equivalent) S 90.00/hour
$
10000/hour
1.4
Certified Welding Inspector S 95.00/hour
S
100001hour
2. Feld Testing and Equipment
Permeability of Silt or Clay (ASTM D 5084) .................. ,,, ,,,,,,,,,,,,,,,,,,,y_,.,,-..,,...-,
Unit Rate
2.1
Transportation (Minimum 50.60/mile}....,......_.._.__............................................ ..................5
Sample Remolding.., ........ -.... ........... ....................
65.00/trip
2.2
Nuclear Density Tests (In addition to technician time).........................,,,.......,.,...................5
19.00/test
2.3
Dye Penetrant & Magnetic Particle Supplies ...... .......... ................ ......... ..... .... .:......... _.
» .
Cost + 15%
2.4
Ultrasonic Testing Equipment ............. ........ ..... .. _..,.....r.,..... ..... ..................._.,,.,,.,........._.....5
3 13
30.00/hour
2.5
Asphalt Caring Equipment ............................... ...........- ..... .., ... _.,...,, .,. _::.._ ..... .......S
314
30.00/hour
2.6
Concrete Coring Equipment ..... ........... »....... .... ............. ............................. ..,.,:.,....,.....__..,.,.__S
315
30.00/hour
2.7
Concrete Core Bit Charges ...... ................... ...............,.......,..................................
bit charge
2.7.1 3 inch -diameter Core........................._.........u........_..........................._._.. _,,:................5
5.00/inch
2.7.2 4 inch -diameter Core .............................,,..,.,,............................_...._..._:... ».....................
5
6.00/inch
2.7.3 6 inch -diameter Core ................................... ..... __.._.................,................ ...............
5
7.00/inch
(Other sizes quoted upon request)
28
Floor Flatness/Floor Levelness Equipment (ASTME1155}.., _..,.m.._„m.,_,._, �.._..S
250.00/day
2-9
Air Content of Fresh Concrete (ASTM C173, C231) .......... „„ ,,,,
.:.5
25.00/each
2.10
Unit Weight of Fresh Concrete (ASTM C138). ............. ..............._,....._,..�,..,..,...,.....
S
45.001each
211
Soil -Lime Field Gradation (TEX-101-E. Part 111)...__ .__......._.,-..,_.......,._ .............. �,._... .....5
37.00/each
212
Center -Pull Ram, Gauge and Hand Pump (pull test) ......... ...._.... ,.....__..
_ ._. S
55 00/test
Laboratory Testing - Soil
31
Natural Moisture Content (TEX-1034) ...._ _.___.»,... _._ ..... S
16 00/each
3.2
Atterberg Limits (TEX-104, 105. 106. 107 -E)'..._._.....,,,._ .,.,.,,...,,..,,.,,.,,., ...............__
-_. S
75.00/each
3.3
Sieve Analysis (TEX-110-E)......... ..................... »,,..,,.,,_..,.,,...................-..,,..... ........ ......
S
75.00/each
34
Percent Passing No. 200 Sieve (TEX-111 • E),._... ............... .,....__...,_._.._-----------------
... S
45.00/each
3,5
Combined Sieve Analysis (TEX-110, 110-E),,..,.,,, .. ._ ..... ......
-... $
75:00/each
36
Moisture Density Relationship (ASTM D 698), (ASTM 0 1557),
(TEX-113-E), (TEX-114-E) ........ ..,_..,,..............: .......... ._ .. ,_.__ ... S
235 00/each
3,7
Texas Triaxial Compression Test on Base Material (TEX-117-E Part 11)` ..... _, -. a .._, S 1,700.00/set of 9
38
Wet Ball Mill (TEX-1 i 6-E) ............ .... .....:............ _........................ ................ S
185 00/each
39
Permeability of Silt or Clay (ASTM D 5084) .................. ,,, ,,,,,,,,,,,,,,,,,,,y_,.,,-..,,...-,
. S
450 00/each
310
Sample Remolding.., ........ -.... ........... ....................
65 00/each
3.11
Sample Preparation (Soils with P.1, ?25, or TEX-101-E] _..,,,.,,,R ._..... ......... ............
_ S
65 00/sample
312
Soil pH (TEX-128-E).......»...._. _W..,,..,....�..__
S
65.00/each
3 13
Soil -Lime pH Series (6 points. TEX-121-E. Part 111)__ ...... .... ..... . . ,,_..w...
S
24000/set
314
Soluble Sulfates (TEX-145-E).,_.....................__....._..._ ., ...,,.._.,.....__. _..,,..A.», ..,,......,,,.,...5
95 00/each
315
Hydrometer (ASTM 0422) .. .......... ..,............. ..... m»........_.__ ....._...._.......,,...,.A, ,..m ..,,..........
S
245 00/each
PCRS
CMT Fee Schedule 30192020
4 Laboratory Tests - Concrete and Cement
Fugro USA Land, Inc
8613 Cross Park Drive
Austin, Texas 78754
Phone 512-977-1800
Fax- 512-973-9966
4.1
Sodium Soundness of Aggregate (ASTM CBS) . ,.. .... ...... ........
......._. _ ....,...,..... S
295 00/each
4,2
Aggregate Sieve Analysis (ASTM C136)....., _....
....... ...............,., .., . S
73 00/each
4.3
Specific Gravity of Aggregate (ASTM C127.128).. .. ............ 6.. ....... ._.......
...__..__........ S
75.00/each
4.4
Absorption of Aggregate (ASTM C127. 128)..... ...... ..,..,.................................
..._..._............ S
7S 00/each
4.5
Unit Weight of Aggregate (ASTM C29) I—-
....... - . _S
75 00/each
4.6
Concrete Cylinder Compressive Strength (ASTM C39),.,,, ._,....._,.,...,..............
...... _........ S
19.00/each
4.7
Beam Flexural Strength (ASTM C 78) ......... ........ .... _......... ,,..,..,..,....,...
..... $
55 00/each
4.8
Mortar Cube Compressive Strength (ASTM C780)...., ,,,., ...............
,...... ..,..,,. , -,, v, ,.,.., S
20 OO/each
4.9
Grout Specimen Compressive Strength (ASTM
50,00/each
4.10
Concrete Masonry Unit Strength (ASTM C140)____ ..... ,_�_,,,..a.,,,,.,.-.
,a., ,-,..,...�. .�...5
8500/each
4.11
Concrete Masonry Unit Prism Strength (ASTM C1314)_._,,,_
.. ..... ...w... , S
235.00/each
4.12
Drilled Core Compressive Strength (ASTM C42i.......
,,,,,,,,,,,n........ ,,, S
85.00/each
5 Laboratory Testing - Asphalt and Roofing
5.1
Mix Design (Hveem or Marshall Method) _ .. _ ...
_........ :.....,,. Quoted on Request
5.2
Molding Test Specimens. 3 per set (TEX•206-F), Bulk Density
(TEX-207-F), and Stability (TEX-20B-F)........_...... ._ _...... ............ ......
_.......... ,.. S
135 00/set
5.3
Determine Maximum Theoretical Density (TEX-227-F) .. . __.............................
...... S
78 OO/each
5.4
Asphalt Content & Gradation (TEX-236-F, 200-F), oven ..... ......... ......
...... ............ n,...- ..... 5
240.00/each
5.5
Asphalt Oven Correction Factors (TEX-236-F, 200-F), oven ...............
..___,,,...... -,R, ........ -S 1,ISO DO/each
5,6
Asphalt Content and Gradation (ASTM 02172), extraction ...........
...._ .................. ....,...... S
420 00/each
5.7
Bulk Specific Gravity of Asphalt Core (TEX-207-F)-- ...
....................... 5
47.00/each
6 Laboratory Testing - Structural Steel
6.1
Weld Procedure and Welder Qualification Testing Rates ................
.... _ ._ ...,...........Quoted on Request
62
Laboratory Density of Field Cut Fireproofing_ .... .... ............. ...............
-- ...... ..... ....,., .,,,,_,... $
55.00/each
7. Report Preparation
Test report preparation, review, and initial electronic distribution will be invoiced at a flat rate of 5%
of total fees invoiced. Special requests for archived report retrieval, re -distribution, faxing, hard -copy
mailing, and preparation of engineered reports and submittals will be invoiced at the following rates
7.1 Word Processing.-,.....,. ............................... .... .. ....................................................................5 65,00/hour
7.2 Drafting ... .... ... .. ................................................ .... ....... ..... .......... ..,........ ._...,............ ......5 79,00/hour
7.3 Reproduction.,...... ..... ....... ....... ......... ............................... ............ ...... ___ ... .............................. Cost 15%
7.4 Postage and Overnight Service ............ ... .... ....................................... ...... -.-....,........... ,......... ....... Cost + 15%
8, Engineering Consultation
8.1 Senior Consultant or Project Principal...........................................205.00/hour
8.2 Project Manager,,...._..., ... ....... ....... ...... ............ ......... ..................... .. W......,..,.............,4 u....._..._.S 175.00/hour
8.3 Project Engineer, Laboratory Manager.............. .... .................................. .. ..........S 155.00/hour
84 Geolog"st............. .,.._.._....,_....,.,........,...............,.............................................-,.,,.,. u._,„..._A. ._S 140.001hour
85 Graduate Professional .....-_.........._...... ............. .,..... ...,................. .......... S 105.00/hour
9. Outside Services. _.-... ..... ........ .............. ................................. .......... ............ ....... .._.... cost + 15%
Notes. (1) Minimum call -out charge for CMT technician and equipment or sample pick-up is 2 hours
Minimum call -out charge for CWI technician is 4 hours Charges are accrued portal to portal.
(2) Overtime rates are applicable to time worked in excess of 8 hours per day, Monday through
Friday; hours worked before 7:00 am and after 6:00 pm, and all hours worked on Saturdays
Sundays, and holidays
EXHIBIT E
CERTIFICATE OF INSURANCE
EXHIBIT E
ACC> o" CERTIFICATE OF LIABILITY INSURANCE
Daramlp01YYY1)
D
0811811019
THIS CERTIFICATE 15 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 cerliflcale holder Is an ADDITIONAL INSURED, the policy(los) 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 sl•
PRODUCER
Marsh USA Inc.
500 Dallas Street. Suite 15W
Houston, TX 77002
Ami: Houston certsomarsh mm
CONTACT
NAME:
PHONE a c Not:
07101/1019
INSURERJ51 AFFORDING COVERAGE MAIC■
EACHOCCVRRENCE S 1.000000
INSURER A: Lift MuhealFire InwrarueC 23035
142404
CN 102231194-GAWXP•18.20
DISUREF ronUSA Lard, Inc
+t9
INSURER 6: Uberly Inswarlee GOrporat T
INSURER C . HDI Globi Inumanw Co. 41343
B613 Cross Park Drive
Austin, TX 16754
aasuna o: Allied Wald Surplus lines Irtwrance Co. 24314
INSURER E
CM uv LEUMIT $ 2,000,000
Ea a and
INSURER F -
BODILY INJURY (Per aaktent) S
COVERAGES CERTIFICATE NUMRER! HOlrA03slew .D2 Rt=►nC1nlJ IJl3U=4:0- 1
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 WHCH 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
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DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (ACOR010t, Addhlonal Remeda'Jchedde, Isar be attached it mors space is rsqurrsdl
RE: City of Round Rodd, Texas 7019 On Ca! Geowd i*21 Nineemg Services
The Cerb5mle Holder is rlfhded as Additional Insured on a1 above policies (except as respects all mverage alarded by the Workers Compensation and Ptafessional Llabilty) but not br b matef coverage or
greater lmeks of kab131y than is required by sad wltracl or agreenleM and in m event, for broader cover age or greater limits of Ub icy than is oftrwisa provided by the policy
Clly of Reed Rock
Amt City Manager
221 East Main Street
Round Rock, TX 7e664
%,AN1.r-LLA
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 RWRESENTATTVE
of Marsh USA Ine-
Holden Burrow /;ie�
491988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
City of Round Rock
° ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
Fugro USA Land, Inc. for the Construction Materials Testing Services for the
McNeil Road Extension (Phase 2) Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/18/2019
Dept Director: Gary Hudder, Transportation Director
Cost: $32,923.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Fugro USA Land, Inc - Consulting Services Agreement - McNeil Road
Extension Phase 2 - partially executed
Department: Transportation Department
Text of Legislative File CM -2019-0322
This agreement with Fugro USA Land, Inc. is for the professional consulting services related to
construction materials testing services for the McNeil Extension Phase 2 Project. The
professional services will include nuclear density testing, soil sampling and testing, concrete
testing and asphalt testing. The total compensation for the services provided will be
$32,923.00.
Cost. $32,923.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock Page 1 Printed on 1011812019