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CM-2022-060 - 3/18/2022CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR CONSTRUCTION MATERIALS TESTING SERVICES WITH ROCK ENGINEERING & TESTING LABORATORY, INC. THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to construction materials testing services for the FM 14601A W Grimes Boulevard Northbound Right Turn Lanes 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 ROCK ENGINEERING & TESTING LABORATORY, INC., located at 7 Roundville Lane, Round Rock, Texas 78664 (the "Consultant"). RECITALS: WHEREAS, City has determined that there is a need for a construction material testing services for the FM 14601AW Grimes Boulevard Northbound Right Turn Lanes 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. 89e-91 a9-7396;W 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 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. 3.0 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibit "A," and Consultant shall not undertake work that is beyond the Scope of Work set forth in Exhibit "A," however, either party may make written requests for changes to the Scope of Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid Supplemental Agreement as described in 8.0. 4.0 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Exhibit "A" for the deliverables as delineated in Exhibit "A," an amount not to exceed Ten Thousand Five Hundred Twenty -Seven and No/100 Dollars ($10,527.00). 5.0 INVOICE REQUIREMENTS AND 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. 2 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. 6.0 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 I 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. 7.0 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. 3 8.0 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 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. 9.0 TERMINATION AND 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 4 terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated 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. 10.0 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. 11.0 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. (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. 12.0 CONFIDENTIALITY AND 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. 13.0 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. 14.0 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. r� t 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. 15.0 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. 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. 16.0 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. 17.0 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 andior federal unemployment compensation contributions on Consultant's behalf; or 7 (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. 18.0 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. 19.0 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. 20.0 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: 8 JC Montelongo II Engineer Transportation Department 3400 Sunrise Drive Round Rock, TX 78665 (512) 218-7026 imontelong_o(d� roundrocktexas.gov 21.0 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: Rock Engineering & Testing Laboratory, Inc. 7 Roundville Lane Round Rock, Texas 78664 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 22.0 INSURANCE Consultant shall meet all requirements as set forth at http:."www.roundrocktexas.yovlwp- contentluploadsl2014112/corr insurance, 07.20.112.pdf as set forth in the "Certificate of Insurance," attached as Exhibit "B," incorporated herein by reference for all purposes. 23.0 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 any or all of the terms or conditions z 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. 24.0 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. 25.0 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. 26.0 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. 27.0 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. 28.0 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 Iff performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 29.0 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. 30.0 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'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 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of Round Rock, Texas By: 1 -/ Printed Na Title: Date Signed: For City, Attest: • By. Meagan Spi , City _lerk For City, Approved as to Form: By: N �+ Stephan L. Sheets, City Attorney 12 Rock Engineering & Testing Laboratory, Inc. By:, Printed Name: Arnie K. Hammock, P.E. Title: Vice President - Round Rock Date Signed: March 10, 2022 Exhibit "A" • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE February 17, 2022 City of Round Rock -Transportation Department 910 Luther Peterson Place Round Rock, Texas 78665 Attn: JC Montelongo, E.I.T Engineer Associate/Project Manager imontelongo�Ja roundrocktexasaov SUBJECT: COST ESTIMATE - CONSTRUCTION MATERIALS ENGINEERING SERVICES PROPOSED FM 14601AW GRIMES BOULEVARD NORTHBOUND RIGHT TURN LANES ROUND ROCK, TEXAS RETL COST ESTIMATE NO.: RCP021422B Dear Mr. Montelongo, E.I.T., Introduction As you requested. Rock Engineering & Testing Laboratory, Inc. (RETL) is pleased to submit this Cost Estimate to provide Construction Materials Testing Services during construction of the proposed FM 14601AW Grimes Boulevard Northbound Right Turn Lanes project in Round Rock, Texas. RETL is submitting this proposal which includes pricing information for your review. RETL proposes to provide qualified personnel to perform testing services, as -requested by your designated representative, in general accordance with the project specifications and plans. Background Information The following information was provided for our use in the preparation of this proposal: • Plan set titled "City of Round Rock Transportation Department. • FM 14601AW Grimes Boulevard Northbound Right Turn Lanes" prepared by CP&Y dated 9/24/2021, Proiect Understanding Based on the referenced information, we understand that the proposed project will consist of the installation of Right Turn Lanes at the intersection of AW Grimes Boulevard and E Old Settlers Boulevard (— 381 feet in length) and Chandler Creek Boulevard (— 446 feet in length). The turn lanes will be 12-feet in width and will consist of 2-inches of D-GR HMA TY-C SAC -A PG70-22, 2-inches of D-GR HMA TY-C PG70-22, 3-inches of D-GR HMA TY-B PG70-22, 12-inches of Flex Base (TY A GR 4), over 8-inches of lime stabilized subgrade soils. The project will also include the reconstruction of concrete curbs and sidewalks as well as the installation of two (2) replacement signal light pole standards. ROCK ENGINEERING & TESTING LABORATORY, INC. 7 Roundville Lane • Round Rock, Texas 78664 OFFICE: (512) 284-8022 • FAX (512) 284-7764 • www.rocktesting.com Exhibit "A" City of Round Rock -- Transportation Department February 17, 2022 RETL Cost Estimate No.: RCP021422B Scope of Services FM 14601AW Grimes Blvd NB Rt Turn Lanes Round Rock, Texas Based on information provided by Mr. Montelongo, E.I.T. during a telephone conversation with MR. Arnie K. Hammock, P.E representing RETL, we understand that the scope of our services for this project will consist of the following testing services. Our services will be provided to determine compliance of the contractors work with the project plans and specifications. Earthwork Testing o Perform field moisture content and density testing on lime stabilized soils and aggregate base materials (Tex-115-E) o Perform laboratory testing of soils to include: • Atterberg Limit (Tex-104-E, Tex- 105-E, Tex-106, Tex- 107-E) ■ Sieve Analysis (Tex-110-E) • Percent Finer than No. 200 Sieve (Tex-111-E) • Moisture Density Relationship (Tex-101-E, Tex-113-EITex-114-E) Based on information provided by Mr. Montelongo, E.I.T., RETL understand that no laboratory testing will be required to be performed on the Base Course Material used for this project. Concrete Inspection and Testing: o Testing of concrete by personnel certified as ACI Concrete Field Testing Tech, Grade 1 ■ Obtain representative samples of concrete (ASTM C172) ■ Measurement of slump (ASTM C143) ■ Determination of air content (ASTM C231) ■ Measurement of temperature (ASTM C1064) ■ Preparation of compressive strength test specimens (ASTM C31) o Laboratory compressive strength testing of test specimens (ASTM C39) Hot Mix Asphaltic Concrete Testinq o Determination of Asphalt Content (Tex-236F) o Sieve Analysis (Tex-2001229F) o Rice Specific Gravity (Tex-227F) o Density of Compacted Laboratory Molded Specimens (Tex-207F) o Obtaining cored samples of asphaltic concrete (Tex-222F) o Determine thickness and density of asphaltic concrete core samples (Tex- 207F) • Engineering o Review of material testing reports, Page 2 of 5 i Exhibit "A" City of Round Rock -, Transportation Department FM 14601AW Grimes Blvd NB Rt Turn Lanes February 17. 2022 Round Rock, Texas RETL Cost Estimate No.: RCP021422B Unit Rates The types of field and laboratory tests that may be required on this project and the associated unit fees are as follows: • Atterberg Limits (per test) $ 75.00 • Moist urelDensity Relationship (per test) $ 245.00 • Sieve Analysis (per test) $ 65.00 • Minus #200 Sieve (per test) $ 55.00 • Field Density - Nuclear Method (per test) $ 20.00 • 4x8 Concrete Test Specimens $ 20.00 • Laboratory Asphalt Series (per bag sample) $ 755.00 • Coring of HMAC samples (per day) $ 450.00 (equip/two-man crew) • Density/Thickness of cored HMAC (per test) $ 40.00 • Engineering Technician (per hour; $ 58.00 • Transportation Charge (per trip) $ 45.00 • Project Management (per hour) $ 115.00 • Registered Professional Engineer (per hour) $ 185.00 • Report Preparation (per report) $ 15.00 A two (2) hour minimum will be changed for all call out services. Overtime will be billed at a rate 1.5 times the hourly rate in addition to the unit fees listed above as follows. • services provided before 0800 hours and after 1700 hours • services provided over 8 hours per day • services provided on Saturday, Sunday, and all Holidays Projected Budget Based on the information provided by Mr. Montelongo, E,I.T., RETL anticipates that the following quantities of testing will be required for this project: • Atterberg Limits tests • Moisture/Density Relationship • Minus #200 Sieve • Field Density Tests • Concrete Test Specimens (set of 3) • Laboratory Asphalt Series • Coring of HMAC • DensitylThickness of cored HMAC • Engineering Technician • Transportation Charge • Project Manager • Registered Professional Engineer • Report Preparation Page 3 of 5 4 2 each (Subgrade) 2 each (Subgrade) 2 each (Subgrade) 30 tests 21 tests 4 tests 2 days 4 cores 44 hours 28 trips 2 hours 1 hour 34 reports Exhibit "A" City of Round Rock — Transportation Department FM 14601AW Grimes Blvd NB Rt Turn Lanes February 17, 2022 Round Rock, Texas RETL Cost Estimate No.: RCP021422B Using the applicable unit rates and the quantities listed above, an amount of $10,527.00 is calculated. The total fee will be dependent on the actual number of tests performed and number of trips made to the site. This fee does not include testing services provided during overtime and weekend hours. Closing RETL looks forward to providing the construction materials testing and special inspections during the construction phase of this project. Copies of the construction materials testing reports will be delivered to the client via the email address provided by the client to RETL on the distribution list presented on the following page. A hard copy of the construction materials testing reports will be available through the mail only if explicitly requested by the client. If there are any questions, or if we can be of assistance, please contact our office. Sincerely, Bryan Angelo, CET CMT Project Manager — Round Rock Arnie K. Hammock, P.E. Vice President — Round Rock Page 4of5 { t ACCEPTED AND APPROVED 93 Date: Exhibit "B" ACC>R1:)r CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDfYYYY) 2/25/2022 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 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 ONTACT NAME: Marty Reyes Higginbotham Insurance Agency, Inc. PHONE FAX PO Box 870 INC. No. Fri 11. 361-693-1784 _,Arc, Nor 361-693-1784 Corpus Christi TX 78403-0870 ADDRESS: mreyqs@higginbotham.net INSURERS AFFORDING COVERAGE NAIC N License#: 2081754 INSURER A; United Fife & Ga$Udl Co. 13021 INSURED ROCKENG-01 INSURER B: Texas MUtua1 Insurance Company 22945 Rock Engineering & Testing Lab Inc INSURER c :Nevi Navigators Insurance Com P y an 42307 6817 Leopard St. Corpus Christi TX 78409 INSURER0: COVERAGES CERTIFICATE NUMBER: 117117195991d1 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, 1�7R TYPE OF INSURANCE RDDL UBR POLICY NUMBER MM/ODYEFF IYYYY MMXP lLDDYrE LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR S&A Pollution 85325098 3/10/2021 3/10/2022 EACH OCCURRENCE S 1,000,000 A A N PREMISES Ea occurrence) S 300,000 X MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, POLICY PL JECOT- LOC OTHER GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMPIOP AGG S 2,000,000 S A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 85325098 3/10/2021 311012022 COMBINED SINGLE L MIT Ea accident S 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE 85325098 3/10/2021 3/10/2022 EACH OCCURRENCE $1.000,000 rd AGGREGATE $ 1,000,000 DED I X I RETENTION $ 1 A nnA See 2d layer XS Below S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRiETORIPARTNERIEXECUTIVE OFFICERlMEMBEREXCLUDEO� � (Mandatory In NHI It yes, describe under DESCRIPTION OF OPERATIONS below NlA 0001158394 3/10/2021 3110/2022 X STATUTE ERH EL EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1,000,000 C Excess Liability Secondary Layer S4Md XS of $1MA H021 EXCZ04LU21V 3/10/2021 3/10/2022 Per Claim Aggregate $4 000 000 $4 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) See Attached.., CERTIFICATE 14OLDFR CANCFI I ATION 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 212 Commerce Cove Round Rock TX 78664 AUTHORIZED R PRESENTATIVE c01988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD Exhibit "BII AC R AGENCY CUSTOMER ID: ROCKENG-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Higginbotham Insurance Agency, Inc. NAMED INSURED Rock Engineering & Testing Lab Inc 6817 Leopard St. Corpus Christi TX 78409 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability policy includes automatic waiver of subrogation and additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status for ongoing and completed operations per Form CG7208 07117 Texas -Extended Ultra Liability Plus Endorsement. (For Ongoing and Completed Operations), General Liability policy includes a primary & non-contributory provision only when there is a written contract between the insured and certificate holder that requires such provision per Form CG2001 04113 Primary & Noncontributory - Other Insurance. Liability policy provides contractual coverage per ISO Form CG0001 04113. Liability does not exclude Independent Contractors per ISO Form CG0001 04113. Liability does not exclude XCU per iSO Form CG0001 04113. Liability policy includes an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder except 10 days' notice of vent of premium per Form CGO205 12104 - Texas Cancellation Changes Amendment of Cancellation Provision, per list on file. s Automobile Liability policy includes automatic waiver of subrogation and additional insured status to the certificate holder only when there Is a written contract between the insured and certificate holder that requires such status per Form CA7109 01117 - Business Auto Ultra Endorsement ness Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when there is a written insured contract between the insured and certificate holder that requires such status per Form CA7077 09100 Blanket Additional siness Auto policy includes a primary & non-contributory provision only when there is a written contract between the insured and certificate holder that luires such provision per Form CA7334 09115 Primary & Noncontributory - Other Insurance Condition. tomobile Liability policy includes an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder except 10 days notice nonpayment of premium per Form CA7133 12110 - Texas Cancellation Provision Or Coverage Change Endorsement, per list on file )rkers Compensation policy includes a blanket automatic waiver of subrogation that provides this feature only when there is a written contract between the ;ured and certificate holder that requires it per form WC420304B - Texas Waiver Of Our Right To Recover From Others Endorsement 3rker' Compensation policy includes an endorsement providing that 30 days' notice of cancellation will be furnished to the certificate holder except 10 days lice of nonpayment of premium per Form WC420601 - Texas Notice of Material Change Endorsement, per list on file. xcess Liability policy follows form issued by "underlying insurance" General Liability Policy #85325098 Automobile Liability Policy #85325098 Employers Liability Policy #0001158394 FM 14601AW Grimes Boulevard Northbound Right Turn Lanes Scheduled "underlying insurance". Underlying Insurance includes. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Professional Consulting Services Agreement with Rock Engineering & Testing Laboratory, Inc. for construction materials testing services for the FM 1460/AW Grimes Boulevard Northbound Right Turn Lanes Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/18/2022 Dept Director: Gary Hudder, Transportation Director Cost: $10,527.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: RETL Agmt_partexec Department: Transportation Text of Legislative File CM-2022-060 This Agreement is for professional consulting services related to construction material testing for the AW Grimes Right -turn -lanes project with Rock Engineering and Testing Laboratory, Inc. The professional services will include nuclear density testing, soil sampling and testing, concrete and asphalt testing. The total compensation for the services provided will be $10,527.00. Cost: $10,527.00 Source of Funds: RR Transportation and Economic Development Corporation City of Round Rock Page 1 of 1