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
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City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 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.
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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
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(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement 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
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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.
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(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.
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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
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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
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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
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requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
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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.
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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
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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.
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.
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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.
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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,
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which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
[Signatures on the following page.]
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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
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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
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/ MLA of Labs,m.' � ` ' ' ' . ' ' ' _ l,�,,.,. �
`;— — ~ -'— state ,`ent�/`' `�=^',�~^`^�`'��-,�``''�~o``��� form'
being'`. �
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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
. .. ........
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__________
___________
'5 Check..',.'�i;NO
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'- UNSWORN DECLARATION - . �
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I^`''^'`-`penalty of``,',that.` is true and c`,`- :
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` bur.''"e"`_ '
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�..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