Contract - Raba Kistner - 3/10/2022 CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
RABA KISTNER CONSULTANTS, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
'11-11S AGREEMENT for professional consulting services related to construction
materials testing services for the Kenney Fort Boulevard — Segments 2 & 3 Project (tile
"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, (tile "City") and RABA KISTNER CONSULTANTS, INC., located at 8100 Cameron
Road, Suite B-150, Austin, Texas 78754 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the Kenney Fort Boulevard—Segments 2 & 3 Project (tile "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:
1.01 EFFECTIVE DATE, DURATION, AND TERM
'"his Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in roll 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, estimated to be no later than February 2, 2024.
4888-5046-7599/ss2
City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.01 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" entitled "Scope of Services," which
document is incorporated herein for all purposes. Consultant shall satisfactorily provide all
services described herein and as set forth in Exhibit "A" 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 workmanlike manner.
3.01 LINIITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit"A,"and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit "A," however, either party may make written requests for changes to the Scope of
Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied in a valid Supplemental Agreement as described in 8.01.
4.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit "B" entitled "Fee Schedule,"
incorporated herein by reference for all purposes, for the deliverables as delineated in Exhibit
"A," an amount not to exceed One Hundred Thirty-Three Thousand One Hundred
Forty and 08/100 Dollars($133,140.08).
5.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
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Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice,the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services,but not for taxes based upon Consultant's net income.
6.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A.,Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty(30)days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the"rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late;or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds;or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
7.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then-
current fiscal year.
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8.41 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
9.01 TERNIINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for 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 in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City,the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
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terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the tenninated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory,or which is not performed in compliance with the terms of this Agreement.
10.01 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner,to provide City with a
comprehensive and detailed information request list, if any.
11.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means,manner and method
by which it performs its services required by this Agreement.
(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 perfonn 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.
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12.01 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 City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, 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.
13.01 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.
14.01 LINHTATION 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.
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In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement(including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
15.01 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
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.
16.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval,which approval shall not be unreasonably withheld.
17.01 LOCAL,STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(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
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(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.
18.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards,bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein,and same shall belong solely to the City at the expiration of the term of this Agreement.
B. 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 City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition,the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL)Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2271,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
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.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Contract on behalf of Consultant verifies Consultant does not have
a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association, and it will not discriminate during the term of this Agreemetnt against any
firearm entity or firearm trade association.
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E. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of'
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a
provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will
not boycott energy companies during the term of this Contract. The signatory executing this
Agreement on behalf of Consultant verifies Consultant does not boycott energy companies, and
it will not boycott energy companies during the term of this Agreement.
19.01 FINANCIAL INTEREST PROHIBITED
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'onsultant 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.
20.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
JC Montelongo 11
Engineer
Transportation Department
3400 Sunrise Drive
Round Rock, TX 78665
(5 12) 218-7026
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in the: Agreement.
Notice to Consultant:
Raba Kistner Consultants, Inc.
8 100 Carneron Road, Suite 13-150
Austin, Texas 78754
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock., TX 78664
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AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, X 79664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives ofthe City and Consultant.
22.01 INSURANCE
Consultant shall meet all requirements as set forth at lea..' P
C011t ell t/Lfl)l oad s/2 0 1 4/12/corr'.�n sufai ice 07,X41...1"I_2""."pff as set forth in the "Certificate of
,",....................... —'-
Insurance," attached as Exhibit "C, incorporated herein by reference for all purposes.
23.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
']"his Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to tile enforcement of'any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
24.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. Tile 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
oil any of tile parties Unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.01 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising Out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including withOLIt limitation, any proceeding Linder tile Federal
Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute.
26.01 SEVERABILITY
The invalidity, illegality, or Linenl'orceability of any provision of this Agreement or tile
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 frorn 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
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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.
27.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
28.01 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
29.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.01 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
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arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
[Signatures on the following page.]
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IN WITNESS "W°HL;REOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas Baha Kastner Consultants,Inc..
By: m r By:
Title:ined Name: n ... Title:
Earn Gabriel Orneias Jr.,
�._ ._ Senior Vice President & C.Od
Tate Signed: o Zz.- _ Date Signed: February 23,2022
For City, Attest:
f,
By�_h �jxu-. , I)
Meagan Spi s, Cit Clerk.
ti.
For City, pproved as to Form;
I3y* W "
Stephan Sheets, City ,attorney
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Exh|bit"A^
PADJZ-0O8'BRRev 1
February B, 2022
SCOPE OF WO�RK
Construction Materials Testing Services
Kenney Fort Boulevard—Segments 2&k3
Round Rock,Texas
General:
1. We understand that City of Round Rock Dept. of Transportation will require the services of
experienced engineering technicians as scheduled by you or your representatives. Client will incur a
3-hourminimum charge per each site visit. VVerequest twenty-four(Z4)hour notification toproperly
schedule our work.
2. Service charges are based on the hourly rates stated herein and will beassessed from the time the
Engineer orTechnician leaves our office until hereturns from the project.
l A vehicle travel charge will be assessed for round-trip travel from our office to the project site,
material supplier, etc.and back tuouroff ice.The charges from,our off ice,1mthe project site will beas
follows:
Travel Time(Round Trip)...__—_--__--........ _---_---_--.I Hour
Vehicle Travel Charge ...... --........ ........................._-- ................. $1&7ZTrip
4. Our total cost of services is based upon the as,sum�tion that this project will require a technician on
site during normal work hours. Normal work hours are defined as Monday through Friday, 7:010 am
to 5:00 pm. An overtime rate of1.Stimes the appropriate hourly rate will be assessed for services
performed outside of normal work hours and/or after eight (0) hours of work per day. Services
requested forSondaVs or Federal Holidays will be assessed at an overtime nate of2.Qtimes the
appropriate hourly rate,
5. Invoices will' be submitted monthly for work in progress in our standard format. Our invoices are due
and payabUe upon receipt atPD. Box 971037, Dallas, Dallas County, Texas 75397-1037. All parties
hereby agree that this agreement upon acceptance will be performable in Williamson County,Texas.
In the event that the State of Texas legislates a sales tax on professional services,the amount of tax
applicable will beadded tpthe appropriate service rate charged 6yRoba-KistnerConsultants, Inc.
5. Raba-Kis,tner will utilize the on-site initial field curing facilities provided'by the contractor. The cost o[
providing and maintaining these initial curing facilities is not included in our proposaL
R A B A K I S T' 1114 E R
Exhibit"B"
PAD22-008-00 Rev 1 3
February 9,2022
COST ESTIMATE BREAKDOWN
7P,.J.ct N... Kenney Fort Boulevard-Segments 2&3
'Project Location: Round Rock,Texas
Contact Name: Jose Montelongo 11,E.I.T.
Client: City of Round Rock Department of Transportation
Addresv. 3400 Sunrise Road
City/State/Zip Round Rock,TX 78665
Phone Number:, 512.218.7026
E-Mail:
TESTING/OBSERVATION ITEM UNIT COST UNIT ESTIMATED COST
QUANTITY EXTENSION
SOILS
Laboratory Testing
Moisture DensitV Relationship,TxDOT or ASTM $288.00 each 10 $2,880.00
AtterberE Limits $95.00 each 10 $950-00
Sieve Analysis $96.00 each 10 $960-00 1
1.!me Series C u r ve $505.00 each $1,010.00
Scruble Su fate for Lime Modified Subgrade(proposed rate) $85.00 each 12 $1,02!0,00
Field Testling/ObservatJon
In-Place Nuclear Densities $29:00 each 513 $14,877,00
Urre Field Gradation $72.00 each 22 $1,584.00
Materrials Techrkran $58,00 flour 519 $30,102.00
Vehide"TraV6 Charge(32rnj RT x 0.585) $1832 trip 173 $3,238,56
Subtotal $56,621.56
CONCRETE
Laboratory Testing
Concrete Compressive Strengh CyHriders $1900 each 60 $1,140.00
Field Testing/Obseruotion
Materials"I'echnician $58.00 hour 56 $3,248.00
Vehicle Travel Charge(32ml RT x 0.585) $18.72 trip 22 $411.84
Subtotal $4,799,84
r
ASPHALT(I Bog and I core for each 3,000 single-pass sq yards per JC Montelongo w/CoRR)
Laboratory Testing
Bag Sarin Ie(Extraction,Gradation,A/C content, $530.00 each 100 $53,000.00
Molding Specimens,Laboratory Density of Molded
Spedmens,5tability'fest„Hveem,Maximum
Theoretical S2edfic Gravrtyr)
Den5ily of AS.halt Cores $59.00 each 100 $5,900-00
Field Testing/Observation
One Man Coring
$70.00 hour 95 $6,650.ID0
Corin„Rig(based on a 4 hour clay) $52-50 112 day 19 $997.50
Generator(based on a 4 hour day) $54.50 .112 day 19 $1,035,50
Vehicle Traver Charge(32mRTx0.585) $18.72 trip 19 $355.68
Subtotal $67,938,68
PROJECT ADMINISTRATION
Lead Technician,(Project Coordinator) $70.00 hour 24 $1,680-03
Project Manager $175 00 hour 12 $2,100.00
Clerical $67.00 hour 36 $2,412.00
Subtotal $3,780.00.
GRANiD TOTAL $133,140.08
Exhibit T"
DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE
au»12D22
Ir
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 16
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policypes)must have ADDITIONAL INSURED provisions or be endorsed.if
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this
certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT
Aon Risk Services southwest, Inc. uMUMsrytX
Houston TX office (Arc,No, . (866) 283-7122 (800) 363-0105
5555 San Felipe EMAIL p
suite 1500 ADDRESS: _
Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURERA, Allied world Surplus Lines Insurance Co 24319
Raba Kistner, Inc. INSURER 0: Zurich American Ins Co 16S3S
12821 W. Golden Lane
San Antonio Tx 78249 USA INSURERC: Ironshore Specialty Insurance Company 25445
tNSURHR D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:570091612694 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSH POLICY EFF LICY I"
LTR TYPE OFWSURANCEALPOL POLICY Lam
ir X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $1,000,000
CLAM-MADE rCCCUR LIPMAut IV PREMISES Ea occurrence) $1,000,000
Mm EXP(Any one person) S S,000
PERSONAL&ADV INJURY $2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,006 N
X POLICY r ECT LOC PF DUCTS-CtMMPfOPAGG $4,000,000
OTHER: SIS
D AUTOMOBILELIABILITY BAP 0305096 02 10/31/232110/31/2022 COMBINED SINGLE LIMITMe aoddeng ;1,000,000
X ANY AUTO BODILY INJURY(Per person) Z
OWNED SCHEDULED BODILY INJURY(Par accident) r
AUTOS ONLYAUTOS
HIRED AUTOS NON-OWNED PROPERTY
P DAMAGE
ONLY AUTOS ONLY t;E
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS Ll48 CLAIMS-MADE AGGREGATE
ED I RETENTION
8 WORKERS COMPENSATION AND wC0 0509502 x I PER STATUTE I OTH-
EMPLOYERS'LIABILITY
ANY PROPRIETOR I PARTNER r EXECMVE
YIN E.L EACH ACCIDENT51,QQQrQ00
OFFIOERMEMSER EXCLUDED? N!A
(Myaensd�atory 6n NH) &L DISEASE-EA EMPLOYEE $1,000,000
escribe
DESCRIPTIONO eOPERA71ONS below I EL DISEASE-POLICY LIMIT 511 000,000—
A ESO-PL-primary 03121277 06/30/2021 06/30/2022 Aggregate Limit $1,000,0
Claims made Each Claim $1,000,000
SIR applies per policy ter & conditions
DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(ACORD 101,Addnlonal Romorks schedule,may be attachod If mare spece Is required) .,�i
RE: Project Name/No. Kenney Fort Blvd. - segments 2 & 3, Project Description: COMET Services, RK Prop./Prof. No. S_
PAD22-008-00/AAD22-015-00. City of Round Rock - Transportation Dept. is included as Additional Insured in accordance with the
policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to
other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of qy.�
Subrogation is granted in favor of City of Round Rock - Transportation Dept. in accordance with the policy provisions of the
General Liability Automobile Liability and workers' Compensation policies. Should General Liability Automobile Liability,
Professional Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy
CERTIFICATE HOLDER CANCELLATION -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City of Round Rock AUTHORIZED REPRESENTATIVE —�
Transportation Dept.
3400 Sunrise Road
Round Rock TX 78663 USA
01986.2015 ACORD CORPORATION.All rights reserved.
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