R-2021-040 - 2/11/2021RESOLUTION NO. R-2021-040
WHEREAS, the City of Round Rock ("City") desires to retain professional consulting services
related to construction materials testing services for the University Boulevard Expansion between
A.W. Grimes and SH 130 Project; and
WHEREAS, Terracon Consultants, Inc. has submitted an Agreement for Professional
Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with Terracon Consultants,
Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Professional Consulting Services for Construction Materials Testing Services with
Terracon Consultants, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 11 th day of February, 2021.
CRAIC�MORG, Mayor
City of` Round%ock, Texas
ATTEST:
SARA L. WHITE, City Clerk
01 12.20212; 00464677
EXHIBIT
"A0
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
TERRACON CONSULTANTS, INC.
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 to construction
materials testing services for the University Boulevard Expansion between AW Grimes and SH
130 Project (the "Agreement') is made by and between the CITY OF ROUND ROCK, a Texas
home -rule municipal corporation with offices located at 221 East Main Street., Round Rock,
Texas 78664-5299 (the `City') and TERRACON CONSULTANTS, INC., located at 800
Paloma Drive, Suite 150, Round Rock, Texas 78665 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the University Boulevard Expansion between AW Grimes and SH 130 Project (the
"Project"); and
WHEREAS, City desires to contract for such professional services with Consultant; 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:
1.0 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.
00463507/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*0 CITY SERVICES
City shall perform or provide services as identified in Exhibit `A" entitled `city
Services," which document is incorporated herein by reference for all purposes.
3*0 SCOPE OF SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit `B" entitled "Scope of Serviceswhich
document is incorporated herein for all purposes. Consultant shall satisfactorily provide all
services described herein and as set forth in Exhibit "B" in accordance with the schedule set forth
by Consultant and agreed upon by City. Such services shall be performed in the time frame
approved by the City. 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 workman.1ike manner.
4.0 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "B," and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit `13," however, either party may make written requests for changes to the Scope of
Work."' To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied i*n a valid Supplemental Agreement as described in 9.0.
5.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit 'C" entitled `Fee Schedule,"
incorporated herein by reference for all purposes, for the deliverables as delineated in Exhibit
"B" as follows:
A. Not -to -Exceed Total Payment for Services: Consultant's total compensation
for consulting services related to the Project hereunder shall not exceed Two
Hundred One Thousand Four Hundred Sixty -Seven and No/100 Dollars
($201467*00)*
B. Payment for Reimbursable Expenses: There shall be no additional
compensation for reimbursable expenses included in this Agreement.
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6.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, 1"n 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 insnctionpeand auditing purposes.
Payment of Invoices: The City reserves the right to correct any e or 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 7.0 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,,
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, i*n 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 funds41,
; 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,,
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
9.0 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 I*n (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.
10.0 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 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 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 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.
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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 i*n 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 tern0 unatist
on of this Agreement for default all extinguish
obligations of the terminating Party and the
Termination under this section shall not re
liabilities which occurred prior to termination.
terminated Party to fulfill
lieve the terminated party
all rights, duties, and
contractual obligations.
of any obligations or
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.0 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.
12.0 CITY'S RESPONSIBILITIES
Consultant§ performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request list, if any.
13.0 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.
14.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the Ci*ty's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultants proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party ' s Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement.
15.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work no in compliance
with this representation.
16.0 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 b - e liable to the City, by reason of any act or omission
relating to the services provided underhis 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 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 gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
17.0 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, but only to the extent of Consultant's negligence.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
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18.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their 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.
19.0 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.
2000 COMPLIANCE WITH LAWS, CHARTER. AND ORDINANCES
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A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all aPPiclable 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, i*f required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES),. The Services Provider agrees to perform all
operations on City -owned facilities in compliance with the Ci*ty's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4,, The Services Provider agrees to comply with of
the Cl*ty's sto water control measures, good housekeeping practices and any facility specific
stonnwater management operating procedures specific to a certain City facility.. In addition, the
Services Provider agrees tltho compy wiany aljpiclable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I -Plan requirements.
C�
•
C. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
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boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during
the term of this Agreement.
21.0 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.
22.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Dawn Scheel
Project Manager
3400 Sunrise Drive
Round Rock, TX 78665
(512) 218-6603
dscheel.cL-i)loun.drocktexas.,g�Iv-
23.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in the Agreement.
Notice to Consultant:
Te acon Consultants', Inc.
800 Paloma Drive, Suite 150
Round Rock, Texas 78665
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
I
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
24.0 INSURANCE ;,I
(1) Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain
during the entire term while this Agreement is in effect professional liability insurance coverage
in the minimum amount of One Million Dollars per claim from a company authorized to do
insurance business in Texas and otherwise acceptable to City,, Consultant shall also notify City,
within twenty -flour (24) hours of receipt, of any notices of expiration, cancellation, non -renewal,
or material change in coverage it receives from its insurer. Consultant's Certificate of Insurance
is attached hereto as Exhibit "D," incorporated herein by reference for all purposes.
(2) Subconsultant Insurance. Without limiting any of the other obligations or
liabilities of Consultant, Consultant shall require each subconsultant performing work under this
Agreement to maintain dun* ng the term of this Agreement, at the subconsultant's own expense,
the same stipulated minimum insurance required in Section (1) above, including the required
provisions and additional policy conditions as shown below in Section (3).
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon
request and without expense, to receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or reduction in limits by endorsement a notice thereof shall be given
to City by certified mail to:
City Manager
221 East Main Street
Round Rock, TX 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to City's Self -Insured
Retentions of whatever nature.
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25.0 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 an -Y 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.
26.0 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.
27.0 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.
28.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
I I
30.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined bY City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
31.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
32.0 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§ 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 Maieure. 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
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waiver of any succeeding breach ar of any other covenant. Nowaiver of discharge shall be validtho 'zed representativeunless in writingg and signed by an aun of -the party against whom such
waiver ar discharge 'i's sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,,
Which takentogether shall be considered one original. 'Ihe City agrees toprovide Consultant
with one; fully executed onginal.
IN NVI ESS tiUHE OF the parties have executed this Agreement o1i the dates
hereafter indicted.
City of Round Rock, Texas
Bya
* .................... ..........
nnted Name..
TI*tle.&,;
...............
Date Sign. ...............................
For City, Attest:
By------------- .... ...
Sara L. White., Ci6ty Clerk
For City,
Approved as to Form:
By19
lf ... . . . . ...................
.
St%.Uhan L. Sheets, City Atto ey
1:
13
Terraco ia%r.
I.. . %
f
X4.
Dy ......
............
x ...............
&
"Nam.eO V
Pn"' nted
wee.
Date Si ed:
EXHIBIT "A"
CITY SERVICES
(This page i*s intentionally left blank.)
1$1-111-romosal fast Materials €bswui"on nTesting Services
University Boulevard Expansiana Round Rock, TexasDecember 18, 2020 w Pro0sal No. PAC201146Pr ------
Page 4
EXHIBIT B
PRAPOS COPE F RVICES FOR %I A
CONSTRUCTION MATERIA'w'%LSO B*CRW#r�%%T1UN AND TESTING
UNIVERSITY BOULEVARD EXPANSION
A&M MMMM..NO.pmoft Af %- -MM&IMMMPROPOSAL 9--tl%0201146
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Terracon provides construction materials testing and observation services for a majority of the
a building'Ite s requited by theinternat*ionai code and government entities-. A br'l'ef summary of the
requested)scope of services that Terraconpravides(when and for the
inspectian items is provided below.
Responsive Resourceful Reliable
r ca & fc�r OAft-
ONwiateno-hns ;:wrvavon a
nd 1`��t1�� .1 servic.,,.m
University Boulevard Expansion ;� Round Rock, Texas
December 18, 2020 Proposal No. AC2if116
Page 5
EXHIBIT B
PROPOSED SCOPE OF SERVICES FOR
A
XM
'AWN
XWW
M& a AAND. 9999M 9912ok a
apmk
GTiQ TERIALS OBSERVATION AND TESTING
AL 'a M& as hft
51U
ITY BOULEVARD EXPANN
T OPOSAL NO, PAC201146
The Terracon scope of services also includes spot observations of the formwork
X Q1
size, spacing, and on a periodic
dimensions ana' i'he reinforc'ing sLuc;
prior to concrete placement.
The Terracon scope of senrrces does not include continuous observation of concrete
placement for proper application techniques., periodic observation of the maim n nc f
specified curing temperatures andlar techniques for constructed structures, review of the
erection procedures and temporary bracing for precast concrete rrr ers or verification
of i -situ concrete strength prior fo removal of shores and forms.,
PC
2so of s —The Terracon scope of services includes sampling and testing of soils, periodic
ob
servatian of earthwork aperat'ions, and moisture -density testing of subgrade and
compacted fills.
The Terracon scope of services does not include verification of the use of Proper materials,
densities and Jiff thicknesses during placement and compaction of compacted fill on a
continuous basis.
3a AshaltwowThi*s is not anIBC special i*nspecf�on item. The Terracon scope of services
includes observation of the asphalt paving operations, sampling asphalt and conducting
laboratory tests. These services may be provided on a part-time ar full-t€ basis as
utharEzed by the client.
e5asive -• esourceful Reliable
ale�p�M:...0 'n�aa�asa�p an�suodsa
(saelqgn} s2an�aru�s pu4a�e�q lIgoqioBuisol Alisuop 6uilonpuoo uo poseq sp iqlew'eiy(oilIpe
vx 9 x 69
ul oepeiBqns pezipels owil lo spieA f9j�np°�bs 0 iod Is�t�sual 1p oo 6ih�uopseipod oq wio Iv 9
*(sailign
'e is & )
seenprus puyr eJ6ui;q 94 Alisuep Bugonpuoo uo poseq spalswie si�`ot}'ppe(4uul -ooseqat & 1p 00
alq'xe� pue jig juawNueqwe lo spueA euenbs 000'� jed speq Apsuop omil Buppxojd uo paseq si elewilse siLLL04 9% ON 0
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... ................. .....................
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at AS a:
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dab &I&
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.......... .. .......
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�' b%& Aftook -M %&VI U M0 2?m;"O V d Im Vy""m 6 -8" RIO V a uw& d d NOS1
Iff w a 0" 1 am"" ""' 'm mmum A I
5 N@"% awd X(3 a& mal;fA3 It& moa- 'Nam A.L b
Amom OL11 Ow"'m u a mm mv'q& d 3 N
umllS'ltltb3JnN0IlJt12lS
N%l A "&- A amm s %—ff w I JL logo& MMMM JL Jam IMM§l Am&
" - Im
1181
9 aBed
&a-*
9i� I LOZ�bd "ON 18sodOJd*OZOZ Ag i9qw9oausexajLevuopunoN m
uasuedx� lyrs�an�u11%OC3
sOaInJ'Dpug Uollelaosqo sJ8lJq4qk4 ,o�' scsd s
k Watriist��arv�icar� -rfing Serv'osl �t- r iIces
University Boulevard Expansion Round Rock, Texas
December 18, 2020 Proposal No. PAC201146
Page 7
EXHIBIT c
COST
EST[
MAE�
FMMOR
SEEM
rr
aft T
-Aa&� dw. 1A -.afm- TSTRUCTI
ansON MATERIALS OBSERVAlud"N AND TEo iNG
UNIVERSITY BOULEVARD EXPANSION
TERRACON PROPOSAL NO. P 1146
This ssfitripsion and mate 'is based on 43 for concrete vat' This estimate also incfudes 43 trips
to the project site to pick up concrete test cylinders cast the pretious day..
This estimate is based on proNding observation during paving operations with an assumed paling schedule of.-
44 days. This estimate is also based on collecting twee bag samples per day of pang for laboratory testing
and 10 days of asphalt density testing to assist in setting the rolling pattern. Note: Asphalt laboratory testing.
is pertarmsd in our Austin office.
....... .. ... .. ............. ...
. ..........
........ . .
ESTIMATE TOTAL
e ns► e ourcef l is le
Proposal for Materials Observation and Testing Services
nat
University Boulevard Expansion Round Rock, Texas
December 18> 202t1 Proposal No,. PAC201 146
page 8
SCHEDULE OF Si S AND FEES
CONSTRUCTION MATERIALS ENGINEERING
,rd
Personnv,
is 10 l 60 0 0 0 Principal, Officer, per hour -0 1090 ^JI A 410 9010. X ^041% 99 O%AXAA9099 999 0 6*4 a &09 V"W $
Sen*lor Engi"neer, per our . 6 9 V 9 2 a a 6 a 0 * 20*466 009 *%V4 0602t 446 9*22 a 44 be$ go 13 Oa 0 0
Projeo 12 50
ct Engi*neer,hour .0 0, ww R **'q 0& X 4-0-ba. *0 w t* as '5** Rest .016 1116&11 11%,6 -6605Pft*St *1641 -6.6 46 01**V% .645 2*0010,0 4 60*** 49 0 0(39 XX )c 44 00 fog* 92&2*2 04 66 9 0 U
Project n per hour a
ApraL AW'& 64%
%o:�enior neenTechnician, per hour ..A*XX 4*606*XX00906XX4googemXXX4QVqV*&%Vft09%X*6*0V0.6 1&fA n& 0 1 NAI%L e zbl& 4gg& Aft 0% struction mate r*ia Is '-'i'-ech n ician P r hour $bolbou
6%5 A&4(9& 61GRE UA6
er1xca1, per hour 0022%46099%0 Z6&qq%*A0 9 99ax 06 999 Z X A MVq 9S AAA 9 9 gtV a xx 9 �p 0 0 U
&V*k
TransEortatioon
vehicle, per trip {within Z"'%'5 miles ref Terracon ofifrce)
Concrete
.40MLto Field Services
& w a * 6 6 6 as V *w 4 6 6 6 a w * 4 4 6 a Y U X 4 6 6 6 a & 2 X X 4 6 6 6 6 6 0 V X X " w Olt % 6 a 60 2 % 2$35,s 0 U26'
fluper hour 4 0Im31ftX 444VNAX400.a X440000 XX 404 00P0X9 40
echni'd'an, over -lb e raL &Per hour. 6 a a 6 0 0 0 .4 as (2 'S 9 9 %b a is 0 2 9 Q X is 45 6 G 19 Q 2 1 S a .6 go 49 9 0 2 a a z a a V 4 9 0 9 9 9 9*%X*466$84-e00
0
' vostmoTension uAma"bservation, per hour
0904L X '06%eft fflft Afia Am. Am
zz Yl F I
ion, overtime rate, U V V
VostmTension ubservat per hour 0 0 a A X 9 4 9 9 ot A X M V 9 9 V A A a 9 V 9 91 0 A A A 4 V 9 9 V V A 9 V 4 0 4 0 9 4 0 9 a X 9 4 $ U 4
Cacret
e Tests
(;Yll'nder co pressi5on test (AC6&&)T&M'z UA'66%' 31 0"%'( 3^il), 411x8", each 6 V 9 1? 91 ;5 5 5 Is 9 2 it z a ;5 4 49 5 0 It Q V a 6 Is V is 0 JV 4? .0 12 9 9 21 A A 19 9 8 0 0
AM& X 6"x12", each U 'T" C 31
ww':9 9 a A 4 4 9 0 2 V% a a 4 9 9 9% 0 0 a 4 4 0 9 9 0 0 0 z% X a 4* 4 9 0 A % $icow119ft'ression test (Azi m
V
ra% 01"
01-1
oeam exurai teSt (ASTM or k; 7o^), each t *,% o 8 & a * -a *,%,, 0, 6,6 Qt,3,5 a Ja .2 9 0:5 z .9 a a 4 0 * a al It 8 6 0 d 0 ft fs a N a 0 is 10 0 0 G 9 'k X At % 0$70 is V
MasonField Services
Masonrr.t., technician, p&o%er hour 6 6 9 2 2 T a a 6 9 9 2 % a a 6 6 & a 9 9 q t a a a a & a 6 & 6 9 * a a a & 0 0
Masonry technia^an, overtime rateti
, per hour 6 4 V V V W V W * 4 6 6 & % V V X w V V.4 e A A 9 9 V 9 $90 0 U
Co pressivestrenyth C�[U
block (ASTM C
14U)i
CM*"U block bsor-r-iVtion (AST'M' C 14V'), each
C011U
Block prism compressive strength (ATM 406
t;
eachw w 4 4 6 6 & & v w * 6 6 & v op w 4 * a 6 6 w w w * w 6 4 6 6 af v w w * v 4 6 6 k 6 6 6 & 9 v X a I'1 t150 0 a
A 4 6 S V 9 a 0 9 9 V a %a A 6 a 9 V 9 " 4 6 a 6 9 V V w 14 A a 6 a 4 0 & V 9 V 9 9 V A 0 0 S' 0 0
1314), each. a a a 0 a 9 0 0 a 6 a 0 V 9,0 2 a a a a a 9 0 2 9 2 a a 6 4 6 6 a 6 9 9 9 z ;4;3uo a 0000- 0
Compressive strength of 14wout Prism (AST C 1U19},
each
$I% 019h,
q 9 9 V X A 4 0 9 V K 9 9 9 Ir40.UU
Gcampressive' ' ' 7& C I "), each
of mora"ar cube (ASTM U O"U UU
Resourceful
-,,.es%-�onsive ff-eli ie
^)2 00c & X
0�"ti v'er
nd g ices couosx>al s a
University Boulevard Expansion a Round Rock, Texas
[?ecember V-
2020 Propcasal NO. PAC2t?9146
Page 9
AftwAft.
ULE OF VIC'P*ES AND FEES
IA
CONSTUCTIONMATERLS ENGINEERING
AM& ANN& 0
foils Ciassification
------------
------------
o.n
MWARMS its 4m� Ax- 104 1 06w*E), each & 9 w V 6 6 a & a V V 0 6 0 a a 0 0 V V 0 0 a a a V V V 6 & waveaftx0ae 00Ma nag qV***04***0%X 4"65,NOO tterberg 11 (Te �0
Combined si"eve analysis (Tex"wl 101=E) 9 $93arOO
Soils LaboratarL Tests
density 0ptl6U01relab"onssture /maxi"mum dry(proctors)
TXDTEX 11 3E, each as some 649 9024% 6 see 92 a 15456 In spit It 68 *619 -5-654596192 Ows 1969910a a's IQ 179 9 ^A XXVIC 1999 999970060 $1 0 0
90 00
TXDOT TEX 11 4h"6� each *`6 16 a 51 fliew 646 It 5"aw 4* 0 a. us[ 00-0 6 &MR024M 00-000211 bfs-545 0&213%0 ale sit 2 44.5 S 2 2 OV9141 Xxx K XXXXVIXICAP9
rmeabi-'I'i'ty (ASTMmm' D 5084), each 2 14 0 0 6 * 0 2 2 4 6 6 0 2 2 2 4 6 4 6 0 0 R 9 S 6 0 6 0 * R % 4 4 0 0 0 * S 4 6 6 9 Q 2 * Z 4 A S 9 8 9 9 9 0 9 9 9 0 9 9 0 0 3 21214;0* 4"t 5 0 0
Soils Field Services
9951M
In place densityo1wsture test, nuclearmethod {Tex-135-t),
A161 JNFAN. 1001&
miniu 3t each 04kal X 30)CIIJO 0 0901X 4410001 X xxvo 0 021 X X x 4 0 ON*- six 4 10000,01 xacia 00000exx X*4 0 0101 390C X*)Oi* QPoPQjXX 10,0,0 0 XXIC 100 0 0 Or 31 YNX 410,600 0616160 4% UU
Field radati*on of li e treated sl'i (exml0lmE, Part 111)each 6
0It;:OI1fateCam6bntent (Texa*145a*E), each 66 1 Ww *do& 6 wu V 99 99 a4 %XX*664
Depth check of 1i' e treated sol"I (Texlw 140 4ft E), each 90e ba, s 2 toos,# daa4 *#tames $ U UU
Soiel &&ftH value ("'T6a�EX 128E'�) 9^4909a1t 444 A0909MA 99990900 N X $4uxuu
-9- amm An& A& AdXhL
aic Content (Texw,148*w-E) each V & 7 w 0 0 a a w V V w V a 6 a V V 9 V V 6 a a 9 V M 6 0 a a 2 V V 14 r0 V 6 a 6 0 it 9 Q a X A 0 4 9 0 9 X X 4* 0 0 a X A X A 4 4 9 9 a a a A N P 0 6 a a x 4 4 $50 0 U U
L
ime zojeries (Texaml.2-i"E, Part 111) each a R $ a 6 a a 9 9 a a a a a 9 9 a m a s a 9 9 9 a * a w 4 m v 9 9 v s * x 0 0 ot 11 V^ 4� 0 0,80
SoQ Q kj)'! 5 6 'l'ls technician, wpo&er hour 16 406; alev to b-sek pit% 66di Is pit it &a 601 2 so 0666PI *84 60 2 2215 44GO&RISM466 66WQW9465 1 91bW a 5 969V9191 AANK VJQ 909906AMP9991RA 19M
AM&&
*a q^) 8 4 Oft uA'w&
Is 4; technician, overtime rate, &pA%-er hour 0 a 0 $ a R 2 0 0 4 0 6 d 2 a 2 a a 6 0* q a 4 a 5 9 Q 4 s a 6 0 0 2 9 0 2 X % X 0* 4 a q 4 X K a 0 9 V 0 ;P.
6o 1
Asphaltic Cancrete Srvices
As;fthalt technician, per hour $0UM000%
rt2
iii e rate, %fffter hour wt a 6 6 d wtG & 6 db & w v wG * 6 6,& at 31 it a -e is & a a. at w w % a a a & w it it ws a & & w w w a a -b 45 a is 9 9 * VP 9 s 1? 9 9 g of 6 a 0 94416 0 40 U^ 0
P P
A a A a I S"Qk M& 6 ift
ImEA
/Aspwakhalt t"03'ay z0':*)amP1e, each (moldiny Speci ens, ijulk Specitic Gravity, max., Theoret*ical umm'k-ensilty,
Extraction & Si "
eve Analysis) 6 9 36 V V 4 0 0 0 V V V a 6 a a V V w 4 4 a 0 0 V A % 0 6 a V V X w 0 0 'P # V w 6 a 6 V w V V a 6 a & 9 V w 0 a 6 & V V V V 4 6 6 6 4 Ap 9 9 9 0 0 0 V 9 9 a M ^ 4) UU U00'L 0
Nuclear L)e nswity a ,e r d ay 6 0 0 a & V w * * 0 0 et 0 w X le 4 4 0 6 & & X W * 6 6 6 1 V* W 4 6 6 & V V 0 0 6 6 & S 9 V * * % 6 6 6 6 6 6 0 4% 6 9 A 9 at o$509,UU
AmpochL a 'Oft 0
Asw%halt 'Ile w, per hour a40 aRR9a6OF6222T450090016a6aw2a0646a9a90a6&a992a6 aa 9Q9waa6w9 929a0a9V9999999 99wa4,o9 4 w a a a a 6 a a 66wMV11"1501roo w%halt uonnyop, Equipment, A&A&er day o 9 t m;,
"%5'0100
Asphalt core thickness densl'ty, each **a ass 2 2 aeZ56*2 a &&*got 56609 Q*6 a 44 0 00 XWX ,
%P U
Ke{cableesponsive t<esourcetui
'� �ac� i
for materials Ober-1r tips and Services
University Boulevard Expansion Round Rock, Texas
December 18, 2020 a Proposal No,, PAC201145
Page 10
SCHEDULE OF SERVICES AND FEES
&M MaNam
CONSTRUCTIONMATERIALS ENGINEERING
Drilled
Pier
Sen'i'or technician, per hour vocal XWX so 09 0949X 0194 94PQLSXN log a. 410 X o400 unu sty we a 6 $70-500
S
10500 eni*or techni"*cian, overti'me rate, per hour.... to one 990 as as 0 9 09 a xx a ***wax YXWX v
and Truss & dire Stop.
to
Seni*or Techn'ic'ian, p"&-er hour &a xaxwvo *an xx*evo*aw esa && 9* ma &a ouee6ame ego ssaA-wee $70v00
16 "" 0 `8&
zoemor Techni crtiome rate, per hour x,6t, o. a,;, WW 006 &X *me 660 WNW416600a g two 66 00 wow vs*04poowr U 0
ian, ove
Structural Steef
if
.4 1 1 a Olt*
A,g,& visuai insliection blyo C-46""Wl, v00%er hour A A A 4 V 9 9 A A A 0 9 9 0 0 A 9 4 0 0 9 9 % A A 0 4 9 0 0 0 A X 4 N 9 9 9 0 9 R A A A A 4 4 0 0 0! 0 A 9 9 0 9 4 A 10 0 0 01 �0 uuotuu
Zu'" U 0 do%hL
r Testi*ng bby-* CW1, per hour & X W%4 6 &WWW 6* 66WQ tex VeXAM."a qJQ9 to am Ann
AMAL A.
'U'ltrasont'c Testinyw- eqm-uilpment, p--er day. 6 6 9 2 a % a a 9 9 0 so a go to a a a W 4 9 0 0 66 a &V 9 9 ft 5 a MW 0 9 0 91 bubconlrac-tor's Go�ost + 15V/0
U"Itrasonll'c Testi'ony Trip Fee. a 2 X 4 0 4 6 6 & 2 2 A * a a a a a 2 2 a 6 as 9 2 a a of 9 Q as 6 5 a 2 2 4 a a a a 9 Q 9 0% a 5 a 1 2 a a a 0 as . zsubcontrac-jlor's
H Detection
einforcing Steelteel
1601hL a i""*70*00
a 4; di 19 1b 1b 40 2 S? 10 a 4 a a & & a 2 a 0 4 a a a saga V 2 W 2 a ' A 8 15 5 to & Q 2 V 9 2 Q IV 45 6 6 a 12
Zienior Techncian v%er hour 36 0 Q o 9 9 a,,% xv ft xx * a g a x it -e,6.6 as * x -c * * a, a it % we & *
& AM&
ben6
ior Techni*ian, ovartime rate,, per hour a 0 0 N 9 4 4 6 6 & 9 V W 6 6 6 N 0 6 6 6 6 & W W 0 6 6 6 & % N V V 0 0 6 dr & & N W 9 4 16 6 8 6 6 9 6 2 2 2 2 Z % 4 15 6 76 6 0 0 2 1;* 105.0 0
Hiltio Ferroscan eajuio'ment, per day &*eggs ad V 9 901V X9 000 a xx me* am X X swevooganu b W at a 6 60&&W W S W U S 0 6 A .2 2 0 U
P 04%0
Reimbursable
EKenses
Ki 'Oiledat cost plus 15 percent for
Direct non-salaryw%rojec# expenses for outside" services are biP
handling. These include but are not limited to the following. travel and lodging, external
consultants, envi4ronmental analytical tests, dn"ll'iOng, sw",,ecial supA&A-pl2ies, permi"ts, equipment,
P
sampling, field testing, on site facifit►s, clearinglradi contractors, water trucks, bulldozers,
scurioty forces, surveyors, traffic control or other support services.
Remarks
Aminimum'4charge of two (2) hours will e assessed for trips to the project slate for sample or
minimumcylinder pick uponly and a three (3) hour charge is applicable to all trips made for the
i
performance of other testing, nspection, cancellations or consulting services.
go
Responsive esaurcefu[ Re(iaEe
-M --ind Tasting !3�erar�ces
P I roposal for Niatedals Observzaetlon
University Boulevard Expansion ... Round Rock, Texas
December 18, 2020 a Proposal No,, F'AC201946
Page 11
SCHEDULE OF SERVICES AND FEES
ML ilk fa mogg' N SA 28,11,
CONSTRUto 1 0 T IL ING
Remarks., (continued)
AMEX=
... ...........
All labor, equipment, and transportation charges are billed on a portal to portal basis fro our
office.
Overtime rates of 1.willti be appl'cable for all ti eworkedin excess
5 es the quoted hourly rate
of eight (8j hours per day, all time worked outside of daylight hours of 6.0 AM to 6:Q4 P Monday
through Friday, and all time worked on weekends and holidays.
Court appearances, depositions,
etc. will be charged t 1.5times thequoted hourly rate.
Unit fees for tests not listed will be quoted on request,,
Rush testing and inspection services are subject to a surcharge (to blu negotiated).
in
Engineering consultation and evaluation connection with any laboratory testingor field
inspection service will be charged at the pr riate rate,
in
1Material samples should be submitted a form that camplies with applicable require n#s.
Terracan will submit ►nvoices for services on a monthly basis. Payment for services shall be made
invoice iwithin 30 days of receipt -of the n accordance with the Terracon "Agreement for Consult*ing
5Services12 or 4"Authon"zatl'on To Proceed Additional ad '1'n'l'strati've charges may be applicable if
at
the client requires other invaicing procedures or payment terms,
ResponsiveX-X-t�esr�rcefu I::,_... Reliable