Contract - Rock Engineering - 2/11/2021CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOIL
CONSTRUCTION MATERIALS TESTING SERVICE,,, WITH
ROCK ENGINEERING & TESTING LABORATORY, IBC.
THE STATE OF TEXAS
THE CITY OF ROUND ROCK
COUNTY OF WILLIAMSON §
COUNTY OF TRAMS §
KNOW ALL BY THESE PRESENTS
THIS AGREEME'�T for professional consulting ser-N."ices related to construction
materials testina serN,-i*ces for the Round ckPublicLibrary Project (the
'`Agreement") is made
bN- and between the CITY OF ROUND ROCK, a Texas home -rule mumicipal corporation with
offices located at 221 East Main Street., Round Rock. Texas 78664-5299, (the *%Ci-**) and ROCK
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ENGINEERING R TESTING L:4BORATORY. INC.. located at No. 7 Roundx-ille Lane. Round
Rock. Texas 78664 (the "Consultant').
RECITALS.0
WHEREAS, Cite has determined that there is a need for a construction material testing,
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services for the Round Rock Public I.ibrar�" Pro*1ect.9 and
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Vi'HEREAS, Cin� desires to contract for such professional sere ices: and
WHEREAS, the parties desire to enter into this Agreement to set forth in �-ritin� their
respecti��e 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 sufficiency7 and recei*pt of i,\-hich are hereblv acknoNN-ledged, it is
mutualiv agreed between the as folloN\s:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Atireement shall be effecti*ve on the date this Aareement has been signed bNr each
%ftw,parthereto. and shall remain in full force and effect unless and until it expires b�� operation of
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the term indicated herein, or is terminated or extended as prop ided herein,
The term of this Agreement shall be until full and
satisfactory- completion of the iv ork
specified herein is achieved.
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Citv reserves the right to rep iexAthe A;�reement at any time. and may elect to terminate
the Agreement with or without cause or may elect to continue,.
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2.01 SCOPE OF SERVICES
Consultant has issued its proposal for services for the tasks delineated therein. such
proposal for services being attached hereto as Exhibit A titledSe of NN"ork. 1%vhich
"Scope
document is incorporated herein for all purposes. Consultant shall satisfactoril��provide all
- in services described herein and as set forth in. Exhibit 'Athe time set forth in Exhibit '"A."
Consultant's undertakina shall be limited to performina seriv-ices for Citv and/or advisina CAN.concerninpthosematters on xN-1-hich Consultant has been specifically en�a�ed. Consultant shal I%."
perform services in accordance Agreement, in accordance xvith the appended proposal
for services, and in a professional and workmanlike manner,
3.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of sec -vices to be performed is enumerated in
Exhibit A. and Consultant shall not undertake NN-I-orkx- that is beyond the ScoPe of 'vNork set forth in Exhibit "A."" hoNvever. either aftv ma\." make %A.-ritten requests for chanii.es coPto the Se of
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V�'ork.'" To be effective. a P change to the Sco e of 'vNormuse ne ana9'k t botiated dagreed to and
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must be embodied in a valid Supplemental Agreement as described in 8.01.
4.01 CONTRACT A:�1OLTNT
In consideration for the professional consulting services to be performed b}� Consultant,
PCiCite aarees to aNonsuann accorance
Cltt idwith Exhibit ''A446 for sen,-ices and the Sco e of
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Services deliverables as delineated in Exhibit A48ftft
Not -to -Exceed Total PaNment for Ser`-ices: Consultant's total compensation for
consulting services hereunder shall not exceed TwoHundred Fifth Thousand and No/100
Dollars $250 000-00 This amount rePresents the absolutelimit of Cit��'s liabiii*t�, to
Consultant hereunder unless same shall be chan2ed b}- Supplemental A9reement.,and City1 shall
pad. strictly xvithin the not4o-exceed sum recited herein, Consultant*s professional fees for NNork
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done on behalf of City .
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Pati-ment for ReimbExpenses:.rsablExpenses:.There shall be no patiments for reimbursable
expenses included in this Agreement.
�1I��'ICERLZE��QI".ENTSD TERMS OF PAYN.IENT%I
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In�"oices: To receiti e pa}went, Consultant shall prepare and submit detailed invoices to
the Cin, in accordance Stith the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
ser��ices performed, along fhperformed.Pa�-ment toivith docu entation or eacservice Consultant shall be made on the basis of the im;oices submitted by Consultant and approved bNr
the City . Such ins Dices shall conform to the schedule of sere ices and costs in connection
thereti i
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Should additional backup material be requested bN,r the Citv relatilvie to sen:'ice
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del iNrerables. Consultant shall compl�� promptly. In this regard. should the Cit-v' determine it
necessary. Consultant shall make all records and books relating availableto this Agreement to
the Cite for inspection and auditi*ng purposes.
Pavment of Invoices: The Cin� reserves the right to correct anNr error that may be
discovered i*n any invoice that ma} ha '%7 e been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following appro-val of an invoice. the City shall endeavor to pay
Consultant promptl}.but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the CitN.-i or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for am sales. gross receipts or similar taxes
applicable to the services. but not for taxes based upon Consultant's net income.
6.01 PROMPT PAYMENT POLICY
In accordance xAith Chapter 22� 1. V.T.C.A., Texas Goy ernment Code. an} payment to be
made bv the City to Consultant A -ill be made within thirty ("0) days of the date the Citv receives
goods under this Agreement. the date the performance of the senlices under this Agreement are
completed. or the date the Citv receives a correct invoice for the goods or sent"ices'. NV'hichelkl-er is
later. Consultant ma}- charge interest on an overdue pav'ment at the "rate in effect" on September
1 of the fiscalvear in xvhich the pa} ment becomes overdue. in accordance �7ith V.T.C.A.. Texas
Government Code. Section 1.01�(b.)* This Prompt Pament}�Poli*c}� does not apply to
pavments made bN?F,�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 sen.,ice performed
that cause the pav ent to be late: or
(b) There is a bona fide dispute betNveen Consultant and a subcontractor or
betNNI-een a subcontractor and its supplier about the goods deli,%j-ered or the
serlv'ice performed that causes the paN,"FM ent to be late: or
(c) The terms of a federal contract, grant, regulation, or statute present the Cit'V
from makin g a time1vpavment Nvith federal funds: or
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(d) The invoice i*s not mailed to the City in strict accordance Nvith an` instruction
on the purchase order relating to the Pad went.Wi
7.01 NON:APPROPRIATION A-N,,.D FISCAL FL'tiDItiG
This Agree ent is a coi-nmitment of the CitN.'s current revenues onIN. It is understood and
. agreed that the Cite shall hay e the right to terminate this Agreement at the end of anv City fiscal
vear if the aovemin2 body of the CitN,.!' does not appropriate funds sufficient to purchase the
sen-l'ices as determined bN� the Ci��'s budget for the fiscal }'ear in question. The Cite ma} effect
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such termination bvv, giv9inConsultant a written notice of termination at the end of its then -
current fiscal vear,
8.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement ma} be modified bxxritten Supplemental Agreement
hereto. dull authorized bv Cite Council or bNrthe City Manager. if the Citv determines that there
has been a significant chance in (1) the scope. complexity. or character of the services to he
.performed: or (2) the duration of the work. An} such Supplemental Agreement must be
executed bx' both parties �ithe perspecifiedithin iod as the term of this Agreement. Consultant
shall not perform anv work or incur anv- additional costs prior to the execution. bN7both 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 an} Supplemental Agreement. and
the Cite shall not be responsible for actions bNTConsultant nor for anv costs incurred bN
Consultant relating to additional ��ork not directly authorized b} Supplemental Agreement.
9.01 TERMINATION19I DEFAULT
Termination: It is agreed and understood bN,r Consultant that the City mad terminate this
Agreement for the con 'N 7 enience of, the Cite. upon thirty (.)'0) dalkNNrritten notice to Consultant,
Nvith the understanding that immediatel}-' upon receipt of said notice all Nvork being performed
under this Agreement shall cease. Consultant shall invoice the Citv' for xvork satisfactoriIN7
completed and shall be compensated in accordance xith the terms hereof for �tiork accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to anN.r lost or
anticipated profits for vivork terminated under this Agreement. Unless otherv*A.�ise specified in this
Agreement. all data, information. and work product related to this project shall become the
property of the Cite upon termination of this Agreement, and shall be promptly delivered to the
allCitN,- in a reasonably organized form Ai-ithout restriction on future use. Should the Citv
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subsequently contract vvith a nexv consultant for continuation of service on the project.
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinauish all rights. duties. and obligations of the
City and the terminated Pamr to fulfill contractual obligations. Termination under this section
shall not relieve the terminated partV,of any obligations or liabilities which occurred prior to
termination.
N,,'othinn-y contained in this section shall require the Cittifewr to pad for any work N.:,hlch it
deems unsatisfactory or NN-hich is not performed in compliance \vith the terms of this Agreement.
Default: Either party mad terminate this Agreement. in xvhole or in part., for default if
the Pam' Pro��ides the other Party with*-thwritten
notice of such default and the other fails to
satisfactorily cure such default xx--ithin ten (,10) business days of receipt of such notice (or a
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areater time if agreed upon bete een the Parties).%aw
If default results in termination of this Agreement. then the Cit-\- shall give consideration
to the actual costs incurred bN.-Consultant in.performinL the work to the date of default. The cost06W
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of the work that is useable to the CitxI,. the cost to the Citv' of employing another firth to complete
the useable work. and other factors �Nill affect the value to the Cit�N- of the x\-'ork performed at the
time of default. Neither part} shall be entitled to anN.� lost or anticiated profits for xN-r
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terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights. duties, and
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obligations of the terminating Part-N.- and the terminated Part}' to fulfill contractual obligations.
Termination under this section shall not relieve the terminated partv of anv obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for anv, work xvhich it
deems unsatisfactorNI, or xvhich is not performed in compliance with the terms of this Agreement.
10.01 NONMSOLICITATION
All parties agree that they shall not directly or indirect1v solicit for emploN-ment. employ,
or otherN\-i*se retain staff of the other during the term of this Agreement.
11.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor. and is not the Citv'syemployee. Consultant's
emploNrees or subcontractors are not the Citvemployees. This agreement does not create a
partnership, emplover�emploveeft or joint venture relationship. No partv has authoritv to enter
into contracts as agent for the other partNT. Consultant and the City' agree to the folio"-ing rights
consistent xvith 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
bxjr v�rhich it P erforms its services required b}7 this Agreement.
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(3) Consultant has the ricyht to hire assistants as subcontractors., or to use emplovees
to provide the sere I ices required by this Agreement.
(4) Consultant or its ei-npiovees or subcontractors shall perform services required
hereunder. and the CitN" shall not hire. supervise. or pad assistants to help
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Consultant.
(�) NAeither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform sec- ices required b,\"this Aareement.
(6) City shall not require Consultant or its employees or subcontractors to dex-ote full
time to performing the services required bN"}this Agreement.
(7) '.\either Consultant nor its emploN,-ees or subcontractors are eligible to participate
in am emplovee pension. health,, vacation pay', sick pay. or other fringe benefit
plan of the Citv.
12.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
AnN.- and all programs. data. or other materials furnished bx,? the City for use bN1, Consultant
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in connection 1xith servv-ices to he performed under this Agreement. and anv and all data and
of
information gathered bN;- Consultant. shall be held in confidence bNT Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidential it�� of any proprietary or confidential information relative to this Agreement. and to not make anv use
thereof other than for the performance of this Agreement. provided that no claim ma} be made
for an} failure to protect information that occurs more than three (3) .'ears after the end of this
Agreement.
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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 relatin9specfica
ill} to the Citx's business and anN;?1 other information xxrhich
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reasonably should be understood to be confidential to Cit}p- is confidential information of City.
Consultant's proprietarNSO ftd� are. tools. methodologies. techniques. ideas. discox,eriesft
inventions. knoNA-1--hoxi,-0 and any other information xxv-hich reasonable should he understood to be
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confidential to Consultant is confidential information of Consultant. The Cit-v's confidential
information and Consultant's confidential information is co11ecti1%,,e1N1- referred to as"Confidential
Information." Each part-v shall use Confidential Information of the other partN- onl}r in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to and third partv without the other partV—s}prior written consent, which consent
shall not be unreasonable �� ithheld. Each party agrees to take reasonable measures to protect the
confidential ity' of the other partv's�Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
And and all materials created and developed b} Consultant in connection xvith ser1k.-ices
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performed under this agreement, including all trademark and co p}'right rights. shall be the sole
property of Cite aet thexpiration of this Agreement.
13.01 WARR.,kNTIES
Consultant represents that all services performed hereunder shall be performed consistent
Nvith generallx..? Prevailina professional or industry standards. and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform an} xvork no in compliance
Nvith this representation.
14.01 LI.N.,11TATION OF LIABIL.ITI'
Should and of Consultant's services not conform to the re quirements of the City or of this
Alilreement, then and in that event the Citv shall give written notification to Consultant:
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thereafter. (a) Consultant shall either promptIv} re -perform such serlv-ices to the Citvs satisfaction
at no additional charge. or ("b) if such deficient sere ices cannot be cured within the cure period
set forth herein. then this Agreement rnav be terminated for default.
In no event «-ill Consultant be liable for an-v loss. damage. cost or expense attributable to
negligence. willful misconduct or misrepresentations by the Cite. its directors. emP lovees or
agents.
In no event shall Consultant be liable to the Cite. bx- reason of any act or omission
relating to the services provided under this Agreement (including the nealigence of Consultant).
�\ hether a claim be in tort. contract or otherwise. (a) for any consequential, indirect. lost profit.
punitive. special or similar damages relating, to or arising from the services. or (b) in and event.
in the aggregate. for any amount in excess of the total professional fees paid by the Cite 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.
15.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt. and indemnify- Cite. its officers. agents.
directors, servants. representatives and employees. from and against and and all suits. actions.
legal proceedings. demands. costs. expenses. losses. damages. fines. penalties. liabilities and
claims of anv character. type. or description. includin<g but not limited to any and all expenses of
litigation. court costs, attorneys' fees and all other costs and fees incident to anti work done as a
result hereof.
To the extent alloNvable by law. City a��rees to hold harmless. exempt. and indemniA
Consultant. its officers. auents. directors. servants. representatives and employees. from and
aaainst anv and all suits. actions. le�.,al proceedings, demands. costs. expenses. losses. damages.
fines. penalties. liabilities and claims of any character. type. or description. includinu but not
limited to ariv and all expenses of litigation. court costs. attornevs' fees and all other costs and
fees incident to anti'kN-ork done as a result hereof.
16.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves. their successors. assigns and le(.1.-al
representatives to each other with respect to the terms of this agreement. 'either party ma\
assign anx, rights or delegate and duties under this Agreement without the other party's prior
written approval. which approval shall not be unreasonable withheld.
17.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pad all income taxes. and FICA (Social Securit\ and Medicare taxes)
incurred while performina- sen-ices under this Ailreement. The Cite «-ill not do the follo'wina:
(1 } \Vithhold FICA from Consultant's payments or make FICA payments on its
behalf:
(2) Make state andior federal unerriplo��ment compensation contributions on
Consultant's behalf.* or
(3) V�'ithhold state or federal income tax from and of Consultant's pavments,,
If requested. the Cite shall prop ide Consultant w ith a certificate from the Texas State
Comptroller indicating that the City is anon-profit corporation and not subject to State of Texas
Sales and Use Tax.
8001 COMPLIA.A.CE WITH LAXWS, CHI�ItTEItlk...D 01W1.1V'A'�CES
A. Consultant. its consultants, agents. employees and subcontractors shall use best
efforts to comply ivith all applicable federal and state laxvs, the Charter and Ordinances of the
Cin of Round Rock. as amended. and xA-ith all applicable rules and regulations promulgated bN/
local. state and national boards, bureaus and agencies. Consultant shall further obtain all permits.
licenses, trademarks. or copN-rights. if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
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C. In accordance xvith Chapter 2270. Texas Government Code. a governmental entit-v,
ma.' not enter into a contract xvith a company for foods and services unless the contract contains
xxritten verification %MWfrom the company that it: (1) does not boycott Is%awrael: and l2) and dill not
boycott Israel durinaOuk
the term of the contract. The si�nator�� executine this Agreement on behalf
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of Consultant verifies that Consultant does not boycott Israel and \vill not boycott Israel during
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the term of this Agreement.
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19.01 FINANCIAL INTEI2EST PROgIIBITED
Consultant covenants and represents that Consultant. its officers. emplovees. ag%MWents.
consultants and subcontractors xAill have no financial interest, direct or indirect. in the purchase
or sale of anv product. materials or equipment that w ill be recommended or required hereunder.
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20.01 DESIGNATION OF' xnv,1rv-,P1"%X'-.JSENTAT1N'ES
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The Cin� hereb}, designates the folloA"ing representative authorized to act in its behalf
With regard to this Agreement:
Richard �N'il(
Building Construction Manager
Cin" of Round Rock
212 Commerce Cove
Round Rock. Tk 78664
(�12) 341-3.0)'11
richard�iit ('u ; roundre�ekte�as.�c��-
21.01 NOTICES
All notices and other communications in connection xv ith this Agreement shall be in
N),,-riting and shall be considered liven as follows:
(I) When delivered personally to recipient's address as stated herein: or
(2) Three (3) szdepositeddas after beinin the United States mail. with postageeW %aw
prepaid to the recipient's address as stated in this Agreement.
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Notice to Consultant:
Rock Engineering & Testing Laboratory', Inc.
N.`�o. I Rounds ille Lane
Round Rock. Texas 78664
'notice to Ciri-:
City- Manager. Ciri of Round Rock
221 East Main Street
Round Rock. TX 78664
AND TO:•
Stephan L. Sheets. City Attornev
3U9 East Main Street
Round Rock. TX 78664
in
N.j7othin.a,. contained this section shall be construed to restrict the transmission of routine
communications betiveen representatives of the Cite and Consultant.
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22.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http:' NN,N\tN.r0undroc�texa,.<�o�;« -content uploads 12 corr insurance0?.'_Oll?.pdf
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23.01 APPLICABLE LAW; ENFORCEMENT AND NIENUE
This Agreement shall be enforceable I*n Round Rock, Texas. and if le��al action is
party
necessan'? bN,- either Nkrith to the enforcement of anvvp- or all of the terms or conditions
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herein., exclusive venue for same shall lie in Williamson County. Texas. This Agreement shall
be goye ed bN,- and construed in accordance with the 1aAA'-s and court decisions of Texas.,
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24.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement.
including exhibits. constitute the entire
agreement betvveen the parties and supersede all previous communications. representations, and
a;�reements, either NNritten or oral.. with respect to the subject matter hereof., The parties
expressly agree that, in the event of an}conflict between the terms of this Agreement and
other ��riting, this A2reement shall Pre'%ail. No modifications of this A9 4M., r em t will be bindiniif6w on anv orof theparties unless acknoNNI-ledved in NN-riting b-N,- the dulN,go��ernina',- authorized bodN.:'
representatiN..-e for each part}
25.01 DISPUTE RESOLUTION
The Cite and Consultant hereby express(} agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided bN., anv
arbitration proceedin9includinNvouonan��roceeP 4M.-itht limitati. din under the Federal
L-y.1
Arbitration Act (9 L'SC Section 1-14j or an},;" applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity. proNisionOhNowilleaalitx. or unenforceabilit),- of anof this Areement or the
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occurrence of an}- event renderina anN.-- portion ofpros"ision of this Avree ent void shall in no
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-ision of this Aareernent. AnN.,Aax affect the validit'\" or enf-lorceabilit'v of an\, other ortion or roN,, 9W to P P%wow of
N•oid provision shall be deemed se�•ered from this Agreement. and the balance of this Agreernent
shall be construed and enforced as if this ALyreement didnot contain theparticularportion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision \vith a valid prop ision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prev'ent this entire Agreement from
%MWbeina void should a provision 'k\-hich is of the essence of this Aureement be determined void,
27.01 STANDARD oF CARE
Consultant represents that it is speciallv trained. experienced and competent to Perform
all of the seryices. responsibilities and duties specified herein and that such sere. -ices.
N ��hether b- Consultant or desianated
responsi ib*lit*ies and duties shall be performed.osubconsultants. in a manner acceptable to the Citv, andaccordingto (yeneral1v accepted business
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practices.
28.01 G-R-A-TUITIES AND BRIBES
Citv,nmay bN"yN),Iritten notice to Consultant. cancel this Agreement ��ithout incurring anNf
liabilitv to Consultant if it is determined bv Cin-1- that gratuities or bribes in the for of
entertainment. lifts, or othem-ise �Nere offered or aiven b�/r Consultant or its agents or
representatides to an-N.-Cite Officer. employee or elected representative with respect to the
performance of this A(,)-reement. In addition, Consultant ma.' be subject to penalties stated in
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Title 8 of the Texas Penal Code.
29.01 RIGHT TO ASSUR.A.ALNCE
V'heneN.er either party to this Agreement. in good faith. has reason to question the other
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partN`r.}'s intent to perform hereunder, then demand matt be made to the other partv for written
assurance of the intent to perform. In the event that no NA"ritten assurance is given xvithin the
reasonable time specified �,hen demand is made. then and i*n that event the demanding party mad
treat such failure an anticipatory repudiation of this Agreement.
30.01 MISCELLANEOUS PROVISIONS
Tiimes of the Essence. Consultant agrees that time is of the essence and that anv- failure
of Consultant to complete the services for each phase of this Agreement Nvithin the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be full}'
responsible for its delays or for failures to use reasonable efforts in accordance Nvith the terms of
this Agreement. Rl'here damage is caused to City due to Consultant's failure to perform in these
circumstances. Cite may xvithhold, to the extent of such damage. Consultant's payments
hereunder xAithout axNaix)er of anNr of CitN,at additional legal rights or remedies. Cit-v shall render
decisions pertaining to Consultant's xNrork- promptly to avoid unreasonable delays in the orderiv
progress of Consultant's work.
Force Majeurel. NtotNvithstanding any other ProN-"isions hereof to the contrarv�. no failure.
delay or default in performance of an.' obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform. delav or default
arises out of causes bevond control and Nvithout the fault or negligence of the party othen-N.,i se
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chargeablekN-ith failure. delav or default.* including but not limited to acts of God. acts of public
enemN",, civil mar. insurrection, riots. fires, floods. explosion. theft. earthquakes. natural disasters
or other casualties. strikes or other labor troubles. which in and NN. aN: restrict the performance
under this .Agreement bvthe parties.
Section Numbers. The section numbers and headings contained herein are provided for
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conN-enience onlx7 and shall have no substantive effect on construction of this Agreement.
NN`aiNer,.''.�o delay or omission b� either party in exercising an} right or power shall
impair such right or power or be construed to be a Nvaive�r. A ��ai�er by either part} of any of the
covenants to be performed bx-the other or an}
breach thereof shall not be construed to be a
-v\ alver of ariv succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in 'writing and si.7ned by an authorized representative of the party against whore such
waiver or discharge is sought to be enforced.
'Multiple Counterparts. This Aureement may be executed in multiple Counterparts.
Which taken to`ether shall be considered one ori��inal. The Cite a�cyrees to provide Consultant
X\ ith one fullN.- executed original.
IN NNVITNESS V`'HEREOF. the parties have executed this Agreement on the dates
hereafter indicated.
Cite of Round Rock, Texas
By:
Printed '`ame lopAN41
Title: m �
Date Si��ned: _�, . I_�_•_.
For City, Attest:
�A A -N"-ftk
Bv: •
Sara I_. White. City Clerk
For Cite, Np roved as to For I.
B�.
Stepha L. Sheets. City Attorney
12
Rock Engineering & Testing Laboratory-,
Inc.
B ` 4
` .
Printed'Name : Arnk King( Hammock
Title: VP - Round Rock
Date S i,�ned : 01 ) O ? O? 1
Exhibit "A"
• "E0TE\r-`#HNICAL ENGINEERING
• CONSTRUCTION MATERIALS
LINE 'E'N"INEEKING & TESTING
• SOILS * ASPHA-T @ CON'R:� 7E
. V 11 1-1 a n u a,-., 1 '0 . 2 n 21
City of Round Rock — General Services
212 Commerce Cove
Round Rock. Texas 78664
L \t'n, Richard Will
-
rlchardwW!� i;rou,�ldrocktexas,aov
SUBJECT: BUDGET ESTIMATE
CONSTRUCTION MATERIALS ENGINEERING SERVICES
PROPOSED ROUND ROCK PUBLIC LIBRARY and PARKING GARAGE
200 E LIBERTY AVENUE
ROUND ROCK, TEXAS
RETL BUDGET ESTIMATE NO.: P120120A
Dear Mr. \/%'ill;
I ntrnrh jr-tinn
Rock Engineering & Testing Laboratory, Inc. (RETL) understands that trhe City of Round Rock
has selected our firm, based on qualifications, to provide Construction Materials Engineering
Services for the proposed Round Rock Public Library and Parking Garage project. 4,s requested,
RE-71- is pleased to submitthis Budget Estimate which includes pricing information foryour review,
RETL proposes to provide qualified personnel to perform inspection and testing services, as
requested by your designated representative, in general accordance with the Interrationa' Building
Code. project specifications and project plans.
Background Information
The foliowing information was provided for our use in the preparation of the proposal:
• Report.. of Subsurface EExporatio7i and Geotechnical Evaluation prepared by
Rock Engineering & Testing Laboratory ln,c. (RETL Job No. G.3.1 7204Final2)
• Civil plans prepared by 2P Consultar,ts
• Structural plans prepared by RLG
• Architectural plans prepared by PGAL
• Project Specification Manuals 1 and z
• Hensel Phelps Project Schedule 'received J'anuary 1,"3,2021)
ROCK ENGINEERING & TESTING LABORATORY, INC.
No. 1 Roundvilie -ane @ Round RoCCk. Texas 78664
OFFICE: 15,42) 284-8022 * FAX: (5112) ')84-7764 e www.rocktesting.com
; - / A.-
Exhibit "A"
City of Round Flock —General Services
January15, 2021
RET�Badge: Esti;-�att� tvo: P12�i20A
S
Project Understacodinq
Rf2 Public Library and Parking Garage
200 Es !berty Ave.
Round RocK, Texas
Based cn the referenced information, we understand that the proposed project will consist of the
follo:ving:
Main Library Bu lding (3-stork structurej
approximately 25,600 square feet in plan areaiDrilled straight shaft piers ranging n Size from to 42"
Cast-in-place
concrete
0 Parking Garage (4-story structure",
c Approximately 29;25�J square feet in plan area
d
c Drilled straight shaft piers ranging in size from 24' to 42"
rl, Cast -in -place concrete
%11.�
Miscel6aneous site hardscape areas
Concrete sidewalks, walkways and paths
Scope of Services
RETL proposes that thew. scope cf our services for this project consist cf the following inspections
n ' aoo testina serv"ces as shown on Sheet S1.03"Specie! Inspections"of the referenced structural
drawings: Our services wi6i be provided to determine compliance of the contractors work with the
project plans and specifications,
• Earthwork Inspection and Testing
Verify removal of organic and other deleterious material from the
proposed foundation footprint areas
Continuous observation of placement of select fill materials to raise the
building pads to the design subgrade elevations
-*Ily observe the placement of fill materials to brl,ng the s,te tc the
11Per'odicPCX
design subgrade elevations
Perform field moisture content and density testing on subgrade soils and
soils/aggregates placed as select fill /fill/backfi8l materials
c Perform laboratory testing of soils to include:
Ataerberg Limit (i;STM D4318j
Sieve..,, Analysis (ASTM C136j
Percent Finer than No. 200 Sieve (ASTM D114dj
• Moisture Density Relationship (ASTM D1557j
Fcunda?ion Inspecticn
Continuous observat;cn of drilled pier 'Installation
Periodic observation cf shallow foundation excavations for conf rmation
of bearing materials and removal cf loose soils
observe placement of re nfo�cAng steel (bar s`ze/spacing/lad)
Page P ot'6
Exhibit "A"
City of Round Rock — General Services
..anuary 15, 20'21
RETL L jdcet Es.lrna�e N%ci.. P 1201120A
RR Public Library and Parking Garage
200 �. iberty Ave.
Round Rock, Texas
Concrete Observation and Testing:
Continuous observation of the placement of structural concrete and
periodic observation of the placement of non-structural concrete by
personnel certified as ACI Concrete Fier Testing Tech, Grade 1.
• Obtain representative samples of concrete (ASTM C 172;
• Measurement of slump (ASTIV', C 143)
■ Determination of air content (ASTIVI C231)
• Measurement of temperature (ASTM, C1054,
• Preparation of compressive strength test specimens (ASTM C31)
Laboratory compressive strength testing cf test specimens (ASTIV, C39)
Masonry Observation and Testing
v Observatson of concrete masonry un; construvtion.
■ Observe mortar and grout mixing portions for compliance with mix
design and placement operations
■ Obtain representative samples of grout
• Measure grout slump (ASTIV? C143)
■ Measure gr,cut temperature kA S T V. C1054)
■ Prepare grout compressive strength test specimens (ASTIVI C1 u 19,
Laboratory compressive strength testing of grout specimens,STd C39;
• Enaneerinq
Review of material testing reports.
Preparation of City of Round Rock Special Inspection Letter.
Unit Rates
the type of inspections and field and laboratory tests that may be required on this project and the
associated unit fees are as follows:
• Atterberg Limits (per test;
$
55.00
• I1�1oisture/Density Relationship (per test)
$
225.00
• Sieve Analysis (per test)
$
50.00
• I�:inus #200 Sieve (per test)
$
35.00
• Field Density Testing - Nuclear Gauge (per day;
$
205.00
• Concrete Test Cylinders ('each)
$
25.00
• ,Mortar Cubes - each (set cf 3 typical)
$
105.00
• Grout Prisms - each (set of 4 typical)
$
200.00
• Floor Flatness/Levelness (per test)
$
750.00
• Engineering Technician (per hour)
$
4 7.50
• Sr. Engineering Technician (`per hour;
$
52.00
• Project Manager (per hour,
w
95.00
• Registered Professional Engineer (per hour;
$
155.00
rage 3 of
Exhibit "A"
City of Round Rock —General Services
January 15, 2C21
P12C120A
R.E"wTBudge' Es: tvo.:
F2R Public Library and Parking Garage
2CC e. Lilo'erty Ave.
Rau:I Rote. --I, Texas
I
A two (2j hourrninimc.°rn charge v✓ill be applied forall f7aurly -services.
Overtime will be billed at a rate 9.,s times the hourly rate in addition tc the unit fees
as foltows:
se�vic�s provided before 0800 andhours anafter 1700 hours
o services provided over 8 hours perday
services provided o�, Saturday, Sunday, and all Holidays
> No transportation charges�✓il! apply,
Budget Estimate
Based on the informationprovided
and our experience providing Construction Materials
RoundF ZaII)re ta onprojects, RETL ant!c!pates that
Engineering '�Services on smilar City (11111 fa
the foliowing quantities of testing may be required for this project:
Soils
Quantity
"mount
Tot I
Engineering Technif-%;an SR, hr
r;j0$52.OG
$26,520.OG
Equipment Charce. d2V
55
$205-00
$11275.00
ntterberg Limits, ea
8
$65.00
$524.00
NloisturefDensity Reiationship; ea
8
$225.00
$1,800.OG
Sieve Analysis, ea
3
$5QA0
$180-00
Minus #20�J Sieve, ea
5
$35.00
$175.G0
Proj'&ct Manqoer hr
10$95.00
$9�O.OG
Professional Engineer, hr
8
$165.00
$11320.00
Sub Total
$42,740.00
Drilled Pier
Engineering Technician SR, hr
192
$52.OG
$9,984.00
Eng�neering Technician SR OT, hr
72
$67.60
$4,867.2G
Engineering Techn?cyan. OT hr
12
$6R 015
$741.OG
"9211
n
$4,8�G.00CcnC%reteTestCylindersDill,
Project Manager, hr
$95.Od
$570.00
P�ofessiona'. Engineer, hr
2
$165.00
$330.00
Sub Total
$21,292.20
ReanforcAng Steel
Engi,nee^ng Technician SR, hr
30C
$52.0G
$?5,6(}O.OG
0
Project Manager. hr
8
$95.GG
$750.04
Professicnai Engineer, hr
4
$165.00
$66G.00
Sub Tctai
$17,020.00
Page 4 of 6
Exhibit "A of
City of Round Rock —General Services RR Public Library and Parking Garage
„an:�ary 15, 2021 200 E. Liberty Ave.
RETL Budget Esk�°na"e Nr...N,.-, P120120A Rou..nd Rock, Texas
Post -Tension
Engineering Technician Sri,; Fir
220
$52.00
$114440.00
Project Manager, hr
8
$95.OG
S760A0
Professional Engineer, hr
4
$165.00
$66Q.00
Sub Total
$12,860.00
ConcPetelMaSOnry
Engineering Technician, hr
i466
$47.50
$69,635.00
Concrete Test Cylinder, ea
^
i 270
$25.00
$31,750.00
Mortar Cube, set of 3
15
$105,00
$1,575.00
Mortar Prism, set of 4
20
$200.00
$4,000.00
Manager, hr
14
$95.�0Project
$11330.00
Professional Engineer, hr
.1rir%
I U
$165.00
$1,650.00
Sub Total
$109,940.d0
Special Inspections (FF/FL)
Special Inspection t Vtri
8
$750-00
$6000.00
Project Manager, hr
4
$�5.00
$380.00
Professional Engineer, hr
2
$165.00
$330.00
Sub Total
$6,710.00
Testing &Inspection Services
Total
$210,562.20
Contingency
Additional inspectsor and Testing
Services 1 $39,437.80 $39,437.80
Sub Total $39,437.80
budget Esti ate Total $250,OOG.00
PETL suggests that a Construction Materials Inspection and Test;ng Services budget amount on
the order of $250,000.00 be set aside for this project. The total fee will be dependent on the
number of tests and inspections perio ed. The fee does notinr...;lude any services for inspection
and testng of struictura'steel construc4"on.
Page 5 of 6
xhibit "A"
City of Round Rock General Services
.ia
n.: r v 2C�21 RE"TL BiWjdagat�stirna`e �i�., P12^_'Zv�ri
DIM-.
RR Public Library and Parking Garage
200 C. Liberty Ave.
T e x CA-1 s
RC—IOvKS f o afd :o providing the Cons}ructior�ia�eriais Services during the�onstruc�i�rCopies o' ' ' the ^onstrunfior materials tesfii-,g repols wili be
p�vasF of tFis protect.
ee�lier,t-,"he distribu-Jon iis,,-
r11:1,avere. iai,%wi71- 1d 'o �-he cliert via the er-r 'i address provided by to
c)reZ--!;ent.ed or, ",'.he faiBowing page. A hardcopy of the- �r,ostrucfior materials tes`.ing reports will be
t
available through, the mai{ vr,ly if expBicitly requested by the �liert. If there are any questiors, or
if v;e car. tie of assistance. please contact ozir office.
S`srcerely.
Bfy'af' !-if3gElo, CET
CST Project Mar.ager Rounu Ron..*
t ,
?--*,rFiie K. Ham$or%k,. P.E.
R k
Vi'ce President — Row 9d
Page 6 of 6
%Wd
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos. l - 4 and 6 if there are interested parties,,
OFFICE USE ONLY
Complete Nos, 1, 2, 31 5, and 6 if there are no interested parties,,
CERTIFICATION OF FILING
i
Name of business entity filing form, and the city, state and country of the business entity's place
Certificate Number:
of business.
2021=708714
Rock Engineering and Testing Laboratory, Inc.
Corpus Christi, 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
01/22/2021
being filed.
City of Round Rock
Date Acknowledged:
g
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
Geotechnical Engineering and Construction Materials Engineering Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. X
6
UNSWORN DECLARATION
My name is Curtis A Rock ,and my date of birthis
My address is 6817 Leopard St. Corpus Christi
TX 78409 USA
- I I a
(street) (city)
(state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Nueces County, State of Texas , on
the 22nd day of January 20 21
(month) (year)
Signature of authorized agbsta
c ntra g business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos. I - 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos, 1, 21 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
i
Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2021-708714
Rock Engineering and Testing Laboratory, Inc.
Corpus Christi, 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 01/22/2021
being filed.
City of Round Rock Date Acknowledged:
01/22/2021
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
Geotechnical Engineering and Construction Materials Engineering Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party. X
6
UNSWORN DECLARATION
My name is ,and my date of birth is
Myaddressis �1
(street) (city) (state) (zip code) (country)
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 Vl,l,ceffd98a