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Contract - MLA Geotechnical - 7/9/2020CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR CONSTRUCTION MATERIALS TESTING SERVICES WITH MLA GEOTEC NICAL THE STATE OF TEXAS § THE CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS THIS AGREEMENT for professional consulting services related t struction materials testing services for the Brushy Creek Regional Wastewater System Plant Expansion Project (the "Agreement') i'es 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 78664m5299, (the "City") and MLA GEOTECHNICAL, a division of MLA Labs, Inc., located at 2800 Longhorn Boulevard,, Suite 104, Austin, Texas 78758 (the "Consultant'). RECITALS: WHERFAS, City has determiined that there s a need for a construction material testing services for the Brushy Creek Regional Wastewater System Plant Expansion Project; and WHERFAS, 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, i*t i*s 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 i*t 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 completIs ion of the work, estimated to be completed by December 31,, 2023. 00448192/ss2 jZ -2v 20 ' City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 2.01 PROPOSAL FOR SERVICES Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being attached hereto as Exhibit "A," the "Scope of Work," which document is incorporated herein for all purposes. Exhibit "A" includes tests to be completed at the CI*ty's request and estimated pricing corresponding to each test. 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all testing services requested by the City. Said available testing seryices and estimated pricing are set forth i*n Exhibit "A." Consultant's undertaking shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and i*n a professional and workmanlike manner. 4.01 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibit "A," and Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit "A," however, either party may make written requests for changes to the Scope of Work,," To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied i*n a valid Supplemental Agreement as described I*n 9.01. 5.01 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultanti'on accordance with Exhibit "A." which i*n payment for services and the Scope of Services deliverables as delineated in Exhibit "A." The pricing isn Exhibit "A" represents the anproximate costs of each testing seryice. Costs may vary slightly based on factors such as overtime costs and weekend or holiday testing services. Not -to -Exceed Total Payment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Five Hundred Thousand and No/100 Dollars ($500 000,00). 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 Expenses: There shall be no payments for re10 imbursable expenses included i*n this Agreement. 2 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 i*n 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 I*n Section 8.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are 10 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 i*n effect" on September 1 of the fiscal year i*n 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 i*s 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 3 (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 8.01 NON -APPROPRIATION AND FISCAL FUNDING This Agreement i*s a commitment of the Ci*ty's current revenues only. It i*s 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 Ci*ty's budget for the fiscal year i*n question. The City may effect Is 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, i*f 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 i'D s 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 i*n 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 I*n 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 i*n 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 I*t deems unsatisfactory or which i*s not performed i*n compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or i*n part, for default I*f 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 i*n performing the work to the date of default. The cost of the work that i*s 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 Pariy 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. 11A1 NON -SOLICITATION All parties agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 12.01 CITY'S RESPONSIBILITIES Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, i*f any. 13.01 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the Ci*ty's employees. This Agreement does not create a partnership, employer -employee, or joint venture relatonship,iNo 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. 5 (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 C1*ty1*n skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 14.01 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furn16 ished 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 i*n 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 i*s subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the Ci*ty'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 i*n furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other parry'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. 6 Any and all materials created and developed by Consultant i*n connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of City at the expiration of this Agreement. 15.01 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed i*n a professional and workmanlike manner. Consultant shall re -perform any work no in compliance with this representation. 16.01 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction at no additional charge, or (b) I*f 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) i*n any event, in the aggregate, for any amount i*n excess of the total professional fees paid by the City to Consultant under this Agreement, except to the extent determined to have resulted from Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 17.01 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,, directors, servants, representatives and employees, from and against any and all suits,, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not 7 limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a result hereof. 18.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, theIs ir successors, representatives to each other with respect to the terms of this Agreement. assign any rights or delegate any duties under this Agreement Without the written approval, which approval shall not be unreasonably withheld. 19.01 LOCAL, STATE AND FEDERAL TAXES assigns and legal Neither party may other party's prior Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 20.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Consultant,, its consultants, agents,, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agenciagencies.Consultant shall further obtain all pel-1*ts, m licenses, trademarks, or copyrights, I*f required i*n the performance of the services contracted for 41 herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. Services Provider acknowledges and understands that City has adopted a Storm Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14m139 through 14m152 of the Ci*ty's Code of Ordinances, to manage the quality of the discharges from its Municipal Separate Storm Sewer System (MS4) and to be i*n compliance with the Is requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all 40 * operations on City -owned facilities in compliance with the Cl*ty's Illicit Discharge Ordinance to minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of the C ity 9 s stonnwater control measures, good housekeeping practices and any facility specific sto water management operating procedures specific to a certain City facility. In addition, the Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load (TMDL) Requirements and/or I -Plan requirements. 8 21.01 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 22.01 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: David Freireich, PE Chief Utility Engineer Department of Utilities and Environmental Services 3400 Sunrise Road Round Rock, TX 78665 (512) 671-2756 dfreireichAroundrocktexas. g_ov 23.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: MLA Geotechnical 2800 Longhorn Boulevard, Suite 104 Austin, Texas 78758 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 0 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 24.01 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf 25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 26.01 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 27.01 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 28.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 10 29.01 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, i*n a manner acceptable to the City and according to generally accepted business practices. 30.01 GRATUITIES AND BRIBES City,ay by written notice to Consultant, cancel this Agreement withoutincu ing any liability to Consultant I*f 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 i9n Title 8 of the Texas Penal Code. 31901 RIGHT TO ASSURANCE Whenever either party to this Agreement, i*n 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 specifiedi when demand s made, then and in that event the demanding party may treat such failure an anticipatory repudationiof this Agreement. 32.01 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform I*n these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of CI*ty's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays i*n the orderly progress of Consultant's work. Force Maieure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default i*n 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. I I 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 r40 ight 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 i*s sought to be enforced. Multiple Counterparts. This Agreement may be executed i*n multiple counterparts, 40 which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. [Signatures on the following page.] 12 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of RoHnd Rock, Texas By: � Printed Name: Title: _L Date Signed: _ For City, Attest: By: �� Rbt i Sara L. White, City Clerk For City, Approved as to Form: By: Stephan L. Sheets, City Attorney 13 MLA otG.e( e c h n i c By. IV "-- -.../ I Printe �am Title: V 1LE P Pal r,)-e7 L\►T Date Signed: Exhibit "A" Page 1 of 2 UNIT RATE FEE ESTIMATE — New Construction Materials Testing BCRWWS Plant Expansion Round Rock, Texas Estimated Description of Testine and Insaections _ 1.uanti Unit Rate Amountmw Laboratory Testing of Soils Moisture Density Relationship (ASTM D 698, TEX 113E) 20 $195oOO $3)900000 Atterberg Limits 20 $65.00 $1.9300.00 Gradations 20 $40sOO $800sOO Proctor Pick -Up Report 20 $0000 $0600 Technician Time 21 $41nOO $861sOO Report Review 60 $25900 $11500000 Trip Charge 7 $10000 $70000 Subtotal $8,431*00 Moisture Density Field Testing Field Density Tests 500 $16eOO $81000000 Proof Rolling Observation 4 $0000 $0400 Daily Observation Report 4 $0*00 $0*00 Technician Time 261 $41*00 $101,701 eOO Report Review 87 $25eOO $2,175000 Trip Charge 87 $10000 $870aOO Subgrade Investigation 4 $725oOO $2,900,600 Subtotal $24 646*00 Hot Mix Asphaltic Concrete Testing Asphalt Coring 12 $75eOO $900"00 Asphalt Extraction with Gradation 12 $200*00 $2.1400000 Density Determination of Core Samples 12 $45eOO $540,00 HMAC Bulk Sample Pick -Up 12 $0000 $0000 Equipment Charge 6 $75*00 $450600 Hveem Stability Specimens 12 $45*00 $540,600 Rice Specific Gravity 12 $45*00 $540000 Molding Specimens 12 $45900 $540.00 Technician Time 36 $41eOO $1,476.00 Report Review 50 $25,900 $1.1250900 Trip Charge 6 $10000 $60,900 Subtotal $89696oOO MLA Geotechnical Austin San Antonio Bryan/College Station Killeen Dallas/Fort Worth Houston '";Out ua to tie teat F* Exhibit "A" Concrete Inspection Concrete Cylinders for Compressive Strength Testing Air Content Test Cylinder Pick -Up Report Technician Time Report Review Trip Charge 600 $20*00 200 $20*00 200 $45*00 Soo $41.00 400 $25*00 400 $10*00 Subtotal Page 2 of 2 $12000*00 $4000*00 $9,000000 $32)800000 $1030000000 $45000600 $71 ,800.00 Hourly fees are charged portal to portal. An overtime multiplier of 1.50 will be added for all times before lam and after5pm on weekday s, over 8 hours per day on weekdays, and/or Saturday, Sunday and Holidays. Upon your acceptance of this agreement, we recommend a meeting with the general contractor and you., the client, to discuss the anticipated construction schedule, areas of potential testing efficiencies and savings, and construction sequencing to refine this budget. Client Initials, 0 .. Now - MLA Geotechnical Austin San Antonio Bryan/College Station Killeen Gallas/Fort Worth Houston "#4 ua to tie teat 00 Exhibit "A" M L G ote'chniacal A Division of MLA Labs, Inc. Category Test Name Price Concrete Inspection ADA Ramp $20.00 Adhesive Anchor Uplift Resistance $100.00 Concrete Cores for Compressive Strength Testing $250.00 Concrete Permeability Flow Test $50.00 Flexural Beams $60.00 Floor Flatness/Floor Levelness $400.00 Indoor Horizontal Coring $1,100.00 Outdoor Horizontal Coring $700.00 Pool Coring $700.00 Ram Calibration $100.00 Roller Compacted Concrete Inspection Per Day $450.00 Swiss Hammer Test $60.00 Unit Weight $20.00 Vapor Emission Test $50.00 Windsor Probe $250.00 Drain Inspection Report Review $25.00 Technician Time $41.00 Trip Charge $10.00 EIFS Inspection Report Review $25.00 Technician Time $41.00 Trip Charge $10.00 Firestop Inspection Report Review $25.00 Technician Time $41.00 Trip Charge $10.00 Framing Inspection Draftstop Inspection $41.00 Report Review $25.00 Technician Time $41.00 Trip Charge $10.00 Geomembrane Pond Liner Observation Report Review $25.00 Technician Time $41.00 Technician Time (Day) $450.00 Trip Charge $10.00 Exhibit "A" Gunite Inspection Equipment Rental $75,900 Gunite Cores $8333 Report Review $25,a00 Technician Time $41,a00 Trip Charge $10,000 Hot Mix Asphaltic Concrete Testing 6" Coring for In -Place Density $60,900 FIMAC Permeability Flow Test $50,000 Nuclear Field Densities $16,900 Insulation Inspection Report Review $25*00 Technician Time $41900 Trip Charge $10,000 Laboratory Testing of Soils Lime Series $450900 Material Qualification $125*00 Organic Matter Determination $100000 Permeability $450e00 ph Test $25,oOO Pond Qualifiers $100,000 Su Ifates $100000 USDA Triangle $250,a00 Lot Fill Testing Atterberg Limits $65,e00 Daily Observation Reports $0000 Moisture Conditioned Density Testing -Lots $16e00 Proof Rolling Observation $0000 Report Review $25*00 Technician Time $41,oOO Technician Time (Per Day) $515*00 Test Pits $85,s00 Vapor Emission Test $250,a00 Moisture Density Field Testing Amoozemeter $450900 Base Depth Check $60e00 Base Depth Check Probe Method $10,800 Clay Cap $16e00 Lime Depth Check Probe Method $10,000 Lime Gradations $50,s00 Moisture Content $10,900 Subgrade Investigation $725,oOO Mortar and Grout Inspection Full -Time Masonry Inspection $450900 Masonry Grout Samples for Compressive Strength $20,a00 Masonry Mortar Cubes for Compressive Strength Testing $20*00 Masonry Prisms $450900 Exhibit "A" Report Review $25e00 Sample Pick -Up $45e00 Technician Time $41e00 Trip Charge $10,600 Pier Inspection Concrete Cylinders $20.00 Cylinder Pick-up Report $45.00 Drilled Pier Shaft Inspection (Per Day) $450e00 Pile Observation (Per Day) $450,e00 Report Review $25oOO Technician Time $41*00 Trip Charge $10*00 Pond Liner Observation Report Review $25*00 Technician Time $41,00 Trip Charge $10000 Reinforcing Steel Inspection Report Review $25*00 Technician Time $41,s00 Trip Charge $10*00 Sheathing Inspection Report Review $25,oOO Technician Time $41900 Trip Charge $10,000 Sprayed Fire Resistive Material Dry Density $50*00 Report Review $25,oOO 41 Technician Time $41e00 Trip Charge $10,000 Structural Steel Inspection Magnetic Particle Inspection $85900 Report Review $25900 Technician Time $41,oOO Trip Charge $10000 Ultrasonic Inspection $75900 Visual Inspection $70900 Visual Weld and Bold Torque Inspection $70*00 Wall Inspection All Day Wall Inspection $695oOO Report Review $25,v00 Technician Time $41*00 Trip Charge $10,000 ... . OFINT'�.''`^�" `' --=�._° . ~` � � FORM '~.~ � ' loil � ..',.. ° USE'�`.. Complete:Nos,1.2#3p 5,and 6 If*there are no inte-rested- a es V CERTIFICATION OF,FILING ............. ...... .1 Name o - erd f bus*lness:entity filing form,and the city,.state�and countr the,business entity"s place — ... � 020*635806 _ ' / MLA of Labs,m.' � ` ' ' ' . ' ' ' _ l,�,,.,. � `;— — ~ -'— state ,`ent�/`' `�=^',�~^`^�`'��-,�``''�~o``��� form' being'`. � � | Date A cknowledged. City of Round Rock ... ........ ....... ..................... Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a .3 description of the se'rvices,,goods,or' other property to be provided un' de' r the contraox 000000 BCRWWS'P1ant Expansion Construction Materials Testing Nature of IntereSt 4 Name of Interested Pafty cit State Country(place of business) (check applIcable) Controlling Intermedia .... ....... ........................... Elliott,Christo her Round Rock,TX United States --------------- ...... �'Weston,Matthew ustin,TX United States .'.-Weston,Timot Round Rock,TX United States ' - , ' rings, Ly"on',Dr.,Roben Bryan, '.-,'^`'`�~ , ' - Conner,James Austin,TX United States . .. ........ ' __________ ___________ '5 Check..',.'�i;NO ' __^______,__________- '- UNSWORN DECLARATION - . � " My^'~� ..... �`',`�.`'.. . ........ ......... ' � _ k —~ ' ............. .................................................... .......................... ................ ............ 101 a rnn My a ress 41s ........ ............. ......... ....... ........ ............... ............ ........ ...... ..................... . ........................ ....... ... ........... ..................... ................................... � (street) ,,. '^~) r.��>` .~^.. ^ - " I^`''^'`-`penalty of``,',that.` is true and c`,`- : ' . Executed Stato -.the.,.,,. day of '. .............. (month)................ 'r,` ' ... ........ .......... ....... ` bur.''"e"`_ ' � ��__ �..sprovided'by.,..^E+"�!on'/`�` ` Version v�.3.6a',d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-635806 MLA Geotechnical,A Division of MLA Labs, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/23/2020 being filed. City of Round Rock Date Acknowledged: 06/25/2020 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 BCRWWS Plant Expansion Construction Materials Testing 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Elliott, Christopher Round Rock,TX United States X Weston, Matthew Austin,TX United States X Weston,Timothy Round Rock,TX United States X Powers,James Dripping Springs,TX United States X Lytton, Dr., Robert Bryan,TX United States X Conner,James Austin,TX United States X 5 Check only if there is NO Interested Party. E".] 6 UNSWORN DECLARATION My name is , and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d