Contract - Raba Kistner Consultants, Inc. - 4/28/2022ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FOR 2021 ON -CALL GEOTECHNICAL ENGINEERING SERVICES
WORK AUTHORIZATION
FIRM: RABA KISTNER CONSULTANTS, INC. ("Engineer")
ADDRESS: 8100 Cameron Road, Suite B-150, Austin, TX 78754
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINE NG SERVICES ("Contract') is made and entered
into to be effective on , 2022 by and between the CITY OF
ROUND ROCK, a Texas home -rule municiplal corporation, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer,
and such Contract is for the purpose of contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A
entitled "Professional Services Procurement Act' provides for the procurement by municipalities
of services of professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering
services; and
WHEREAS, City and Engineer wish to document their agreement concerning the
requirements and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
0199.202221: 4860-3731-9955
Rev.02/22
00305865
au;),a-10
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental
Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Contract as if attached to this Contract or repeated
herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
Engineer shall perform Engineering Services as identified in Exhibit B entitled
"Engineering Services."
Engineer shall perform the Engineering Services in accordance with a Work Schedule to
be agreed upon between City and Engineer as part of the Work Authorization provided in Article
7 herein, "Work Authorization." Such Work Schedule shall contain a complete schedule so that
the Engineering Services included in the Work Authorization may be accomplished within the
specified time and at the specified cost. The Work Schedule shall provide specific work
sequences and definite review times by City and Engineer of all Engineering Services. Should
the review times or Engineering Services take longer than shown on the Work Schedule, through
no fault of Engineer, Engineer may submit a timely written request for additional time, which
shall be subject to the approval of the City Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close
of business on the 30th day of the month of April, 2024, or as otherwise terminated as provided
in Article 20 entitled "Termination." Any Engineering Services performed or costs incurred after
the date of termination shall not be eligible for reimbursement. Engineer shall notify City in
writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering
Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance of
Engineering Services required herein so that the services will be commenced and completed as
scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article
2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish all Engineering Services required under this Contract in a
professional manner.
2.
(3) Work Authorization. After execution of this Contract, Engineer shall not proceed
with Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
City shall pay and Engineer agrees to accept the amount shown below as full
compensation for all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing
work associated with this Contract, in accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for the Engineer's subconsultant's services, if any, shall be
based on the actual amount billed to the Engineer by the subconsultant.
The maximum amount payable under this Contract, without modification of this Contract
as provided herein, is the sum of Two Hundred Thousand and No/100 Dollars ($200.000.00).
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred
format of City for such monthly progress reports shall be identified in Exhibit B entitled
"Engineering Services". Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress.
Engineer shall prepare and submit to City, not more frequently than once a month, an invoice
showing Engineering Services performed. This submittal shall also include a progress
assessment report in a form acceptable to City.
Payments shall be made by City based upon Engineering Services actually provided and
performed. Upon timely receipt and approval of each statement, City shall make a good faith
effort to pay the amount which is due and payable within thirty (30) days. City reserves the right
to withhold payment pending verification of satisfactory Engineering Services performed.
Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that Engineering Services were completed.
The certified statements shall show the total amount earned to the date of submission and
shall show the amount due and payable as of the date of the current statement. Final payment
does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting
from his/her/its negligence.
3.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Engineer will be made within thirty (30) days of the day on which the performance of services
was complete, or within thirty (30) days of the day on which City receives a correct invoice for
services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt
payment policy; however, this policy does not apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment
delivered or the Engineering Services performed which causes the payment to be
late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on
the purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct
and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
WORK AUTHORIZATION
The Engineer shall not proceed with any task listed on Exhibit B until the City has
issued a written Work Authorization regarding such task. The City shall not be responsible for
work performed or costs incurred by Engineer related to any task for which a Work
Authorization has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Matt Bushak, PE
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 341-3318
Mobile Number (512) 230-8714
Fax Number N/A
Email Address mbushak(cilroundrocktexas.eov
C!
City's Designated Representative shall be authorized to act on City's behalf with respect
to this Contract. City or City's Designated Representative shall render decisions in a timely
manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Yvonne Garcia Thomas / Andrew Adams
Vice President / CoMET Department Manager
8100 Cameron Road, Suite 13-150
Austin, TX 78754
Telephone Number (512) 339-1745
Fax Number (512) 339-6174
Email Address vearcia(orkci.com / aadamsnrkci.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer
with City at City's election. Engineer shall prepare and present such information as may be
pertinent and necessary, or as may be requested by City, in order for City to evaluate features of
the Engineering Services. At the request of City or Engineer, conferences shall be provided at
Engineer's office, the offices of City, or at other locations designated by City. When requested
by City, such conferences shall also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the
Work Schedule, then City shall review the Work Schedule with Engineer to determine
corrective action required.
Engineer shall promptly advise City in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, including but not limited to
the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet
the objectives of the Work Schedule, or preclude the attainment of Engineering
Services units by established time periods; and such disclosure shall be accompanied
by statement of actions taken or contemplated, and City assistance needed to resolve
the situation, if any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals
sooner than anticipated.
5.
ARTICLE 10
Should City desire to suspend the Engineering Services, but not to terminate this
Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar
days' verbal notification followed by written confirmation to that effect. Such thirty -day notice
may be waived in writing by agreement and signature of both parties. The Engineering Services
may be reinstated and resumed in full force and effect within sixty (60) days of receipt of
written notice from City to resume the Engineering Services. Such sixty-day notice may be
waived in writing by agreement and signature of both parties. If this Contract is suspended for
more than thirty (30) days, Engineer shall have the option of terminating this Contract.
City assumes no liability for Engineering Services performed or costs incurred prior to
the date authorized by City for Engineer to begin Engineering Services, and/or during periods
when Engineering Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to
perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall
promptly notify City in writing. In the event City finds that such work does constitute extra
work and exceeds the maximum amount payable, City shall so advise Engineer and a written
Supplemental Contract will be executed between the parties as provided in Article 13. Engineer
shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Contract. City shall not be responsible for
actions by Engineer nor for any costs incurred by Engineer relating to additional work not
directly associated with the performance of the Engineering Services authorized in this Contract
or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed
Engineering Services or parts thereof which involve changes to the original Engineering
Services or character of Engineering Services under this Contract, then Engineer shall make
such revisions as requested and as directed by City. Such revisions shall be considered as
additional Engineering Services and paid for as specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are
necessary to correct errors appearing therein, when required to do so by City. No additional
compensation shall be due for such Engineering Services.
:7
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of
the Engineering Services, or (2) the duration of the Engineering Services. Any such
Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until
the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be
identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no
claim for extra work done or materials furnished until the City authorizes full execution of the
written Supplemental Contract and authorization to proceed. City reserves the right to withhold
payment pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs
stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer
and its subcontractors are related exclusively to the services described in this Contract and are
intended to be used with respect to this Contract. However, it is expressly understood and agreed
by and between the parties hereto that all of Engineer's designs under this Contract (including
but not limited to tracings, drawings, estimates, specifications, investigations, studies and other
documents, completed or partially completed), shall be the property of City to be thereafter used
in any lawful manner as City elects. Any such subsequent use made of documents by City shall
be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City
shall hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom.
Any modification of the plans will be evidenced on the plans and be signed and sealed by a
licensed professional prior to re -use of modified plans.
By execution of this Contract and in confirmation of the fee for services to be paid under
this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal
Copyright Act of 1976 (or any successor copyright statute), as amended, all common law
copyrights and all other intellectual property rights acknowledged by law in any designs and
work product developed under this Contract. Copies may be retained by Engineer. Engineer
shall be liable to City for any loss or damage to any such documents while they are in the
possession of or while being worked upon by Engineer or anyone connected with Engineer,
including agents, employees, Engineers or subcontractors. All documents so lost or damaged
shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce
Engineer's work and documents for purposes of constructing, using and maintaining
infrastructure or facilities for which said work and documents were prepared, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this
Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent
with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is
permitted to authorize other similarly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the work and documents for the
7.
purposes of completing, using and maintaining infrastructure or facilities for which said work
and documents were prepared.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission
granted herein to another party without the prior written agreement of Engineer. However, City
shall be permitted to authorize a contractor, subcontractors and material or equipment suppliers
to reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of work for the City. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes is permitted. Any unauthorized use of
the Instruments of Service shall be at City's sole risk and without liability to Engineer and its
Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City
and Engineer shall by separate written agreement set forth the specific conditions governing the
format of such Instruments of Service or electronic data, including any special limitations not
otherwise provided in this Contract. Any electronic files are provided by Engineer for the
convenience of City, and use of them is at City's sole risk. In the case of any defects in
electronic files or any discrepancies between them and any hardcopy of the same documents
prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed
by Engineer shall be relied upon.
Engineer shall have no liability for changes made to Engineer's Instruments of Service by
other engineers subsequent to the completion and delivery of the Instruments of Service to the
City. Any such change shall be sealed by the engineer making that change and shall be
appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of
all Engineering Services, and adequate and sufficient personnel and equipment to perform the
Engineering Services as required. All employees of Engineer shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any employee of
Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to
the Engineering Services shall immediately be removed from association with this Contract
when so instructed by City. Engineer certifies that it presently has adequate qualified personnel
in its employment for performance of the Engineering Services required under this Contract, or
will obtain such personnel from sources other than City. Engineer may not change the Project
Manager without prior written consent of City.
ARTICLE 16
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services
under this Contract without prior written approval from City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by City prior to
Engineering Services being performed under the subcontract. No subcontract shall relieve
Engineer of any responsibilities under this Contract.
8.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to
review or otherwise evaluate the Engineering Services performed or being performed hereunder
and the premises on which it is being performed. If any review or evaluation is made on the
premises of Engineer or a subcontractor, then Engineer shall provide and require its
subcontractors to provide all reasonable facilities and assistance for the safety and convenience
of City or other representatives in the performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City
before any final report is issued. City's comments on Engineer's preliminary reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for
termination of this Contract, and any increased costs arising from Engineer's default, breach of
contract, or violation of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by
Engineer to perform the Engineering Services set forth herein in a satisfactory
manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set
forth herein.
(4) By City, for reasons of its own and not subject to the mutual consent of
Engineer, upon not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described
herein.
Should City terminate this Contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value
of the Engineering Services performed by Engineer prior to termination, City shall be the sole
judge. Should City terminate this Contract under Subsection (4) immediately above, then the
9.
amount charged during the thirty -day notice period shall not exceed the amount charged during
the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this
Contract for fault on the part of Engineer, then City shall give consideration to the actual costs
incurred by Engineer in performing the Engineering Services to the date of default, the amount
of Engineering Services required which was satisfactorily completed to date of default, the
value of the Engineering Services which are usable to City, the reasonable and necessary cost to
City of employing another firm to complete the Engineering Services required and the time
required to do so, and other factors which affect the value to City of the Engineering Services
performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed
above shall extinguish all rights, duties, and obligations of City and Engineer under this
Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws."
If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its
contractual obligations, then City may take over and prosecute the Engineering Services to
completion. In such case, Engineer shall be liable to City for any additional and reasonable costs
incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of any procurements made by Engineer in support of the Engineering Services
under this Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable state, federal and local
laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court,
or administrative bodies or tribunals in any manner affecting the performance of this Contract,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it
does not boycott Israel and will not boycott Israel through the term of this Agreement. For
purposes of this verification, "boycott Israel" means refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic harm
on, or limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israeli -controlled territory, but does not include an action made for
ordinary business purposes.
(3) 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
10.
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 the Engineer verifies Engineer 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 Contract against any
firearm entity or firearm trade association.
(4) 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
Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will
not boycott energy companies during the term of this Contract.
(5) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent
that the damage is caused by or results from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier committed by Engineer,
Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also
save and hold City harmless from any and all expenses, including but not limited to reasonable
attorneys' fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City to the extent resulting from such negligent activities
by Engineer, its agents, or employees.
ARTICLE 23
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and
shall promptly make necessary revisions or corrections to its work product resulting from errors,
omissions, or negligent acts, and same shall be done without compensation. City shall determine
Engineer's responsibilities for all questions arising from design errors and/or omissions.
Engineer shall not be relieved of responsibility for subsequent correction of any such errors or
omissions in its work product, or for clarification of any ambiguities until after any construction
project or maintenance performed pursuant to the Engineering Services provided under this
Contract has been satisfactorily completed.
II.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering
submissions to City in accordance with the Texas Engineering Practice Act and the rules of the
State Board of Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any
company or persons, other than a bona fide employee working solely for Engineer, to solicit or
secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Contract. For breach or violation of this
warranty, City reserves and shall have the right to annul this Contract without liability or, in its
discretion and at its sole election, to deduct from the contract price or compensation, or to
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/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 for any construction project or maintenance performed
pursuant to the Engineering Services provided under this Contract.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the
entire term while this Contract is in effect professional liability insurance coverage in the
minimum amount of One Million Dollars per claim from a company authorized to do insurance
business in Texas and otherwise acceptable to City. Engineer shall also notify City, within
twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or
material change in coverage it receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or
liabilities of Engineer, Engineer shall require each subconsultant performing work under this
Contract to maintain during the term of this Contract, at the subconsultant's own expense, the
same stipulated minimum insurance required in Article 26, Section (1) above, including the
required provisions and additional policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in
order to assure compliance with the insurance requirements. Engineer must retain the certificates
of insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and
without expense, to receive copies of these certificates of insurance.
12.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or reduction in limits by endorsement a notice thereof shall be given
to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to City's Self -Insured
Retentions of whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Engineer shall be bome solely by Engineer, with certificates of insurance
evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance
are evidenced as Exhibit D herein entitled "Certificates of Insurance."
ARTICLE 27
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer
any interest in this Contract, in whole or in part, by operation of law or otherwise, without
obtaining the prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity,
illegality or unenforceability shall not affect any other provision thereof and this Contract shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any
prior understandings or written or oral contracts between the parties respecting the subject
13.
matter defined herein. This Contract may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to this Contract, and records of accounts between City and Engineer,
shall be kept on a generally recognized accounting basis and shall be available to City or its
authorized representatives at mutually convenient times. The City reserves the right to review
all records it deems relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally
delivered or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Yvonne Garcia Thomas / Andrew Adams
Vice President / CoMET Department Manager
8100 Cameron Road, Suite 13-150
Austin, TX 78754
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer. Engineer
understands and agrees that time is of the essence and that any failure of Engineer to complete
the Engineering Services for each phase of this Contract within the agreed Work Schedule may
constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its
delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this
Contract and the Engineer's standard of performance as defined herein. Where damage is
caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to
14.
the extent of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. Any determination to withhold or set off shall be made in
good faith and with written notice to Engineer provided, however, Engineer shall have fourteen
(14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to
City.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which
they are not responsible or circumstances beyond their control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock,
Williamson County, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Contract shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession
practicing under the same or similar circumstances at the same time and in the same locality.
Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under
this Contract or otherwise, in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable
construction cost provided by Engineer are made on the basis of information available to
Engineer and on the basis of Engineer's experience and qualifications and represents its
judgment as an experienced and qualified professional engineer. However, since Engineer has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Engineer does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action
to be based upon opinion, judgment, approval, review, or determination of either party hereto,
such terms are not intended to be and shall never be construed as permitting such opinion,
judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the
signatory is an officer of the organization for which he/she has executed this Contract and that
he/she has full and complete authority to enter into this Contract on behalf of the firm. The
above -stated representations and warranties are made for the purpose of inducing City to enter
into this Contract.
15.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be
signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer,
signing by and through its duly authorized representative(s),thereby binding the parties hereto,
their successors, assigns and representatives for the faithful and full performance of the terns
and provisions hereof.
[signature page follows]
16.
RABA KISTNER CONSULTANTS, INC.
�a9r..9CC�..4lma�
By:
Signature of Principal
Printed Name: Gabriel Ornelas, Jr., P.E..
Senior Vice President & COO
17.
CITY OF ROUND ROCK, TEXAS APPROtIEP AS TUIPYl
. By: \ Al
Craig Morgan, Mayor Stephan L Sheets, City Attorney
ATTEST:
By:
( JIM12
Meagan Spin 91
City C erk
B.
LIST OF EXHIBITS ATTACHED
(I) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Fee Schedule
(4) Exhibit D Certificates of Insurance
19.
Exhibit A
City Services
The City of Round Rock will furnish to the Geotechnical Engineering and CMT Consultant the following
items/information:
1. Designate a person to act as City's representative with respect to the services to be performed or
furnished by the Consultant. This representation will have authority to transmit instructions,
receive information, interpret and define City's policies and decisions with respect to consultant's
services.
2. Provide all criteria and full information as to City's requirements for the Task, including objectives
and constraints, space, capacity and performance requirements, flexibility and expandability, and
furnish copies of all design and construction information if available to the City and necessary to
complete the Task.
3. Provide Consultant copies of geotechnical reports, drawings, and exhibits for review and use in
performing our services.
4. The City shall provide Consultant right of entry to perform ourfield services.
5. The City shall provide Consulting with existing utility maps to assist in locating all underground
utilities in the vicinity of geotechnical drilling.
6. The City's representative shall provide pertinent data related to specific work orders.
7. The City's representative shall provide the consultant timeline for submissions.
8. The City's representative will meet with ENGINEER on an as -needed basis depending on the work
order, as needed.
9. The City s representative shall review submittals and provide comments.
EXHIBIT B
Engineering Services
Provide various geotechnical engineering and materials testing and observation services through
individual work authorizations for projects that might include geotechnical test borings, geotechnical field
testing, geotechnical laboratory testing, geotechnical engineering reports, pavement thickness
recommendations, review of geotechnical reports for conformance with CORR standards, slope stability
analyses, subgrade treatment/stabilization recommendations, geotechnical retaining wall
recommendations, review of PS&E, pavement condition surveys, review of material submittals, and
modifying or creating standard detail drawings, design criteria, and standard or special specifications. This
list of potential projects is not meant to be exhaustive but is representative of the nature of the tasks
expected to be completed under the Master Agreements being authorized at this time.
EXHIBIT C
Fee Schedule
Attached Behind This Page
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
PROFESSIONAL LABOR SERVICES
2022
TITLE Hourly Rate
Senior Engineer/Consultant
Senior Project Manager
Project Manager
Project Engineer
Engineer in Training
Senior Geotechnical Technician
Geotechnical Technician
CADD Operator
Clerical
Geologist
Environmental Scientist
Lead Technician
CMT Technician
Archaeologist
GIS
DIRECT EXPENSES
Mileage (Privately Owned Vehicle)
Lodging
Meals and Incidental
Air Travel
Copies 8 1/2 x 11, 11 x 17
Mylar 11 x 17
Schematic Plots
Misc. Non -Travel Expenses
Field Expenses
$ 229.00
$ 203.00
$ 182.00
$ 156.00
$ 113.00
$ 90.00
$ 73.00
$ 94.00
$ 70.00
$ 151.00
$ 127.00
$ 75.00
$ 61.50
$ 135.00
$ 108.00
current GSA rat
At cost up to G!
At cost up to G!
cost + 10%
$0.18/page
$2.24/page
$1.66/sq ft
cost + 10%
cost + 10%
RABAKISTNER
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
FIELD DRILLING SERVICES
2022 PRICE
-1 Auger Drilling (Does not Include logging)
soil per It $19.00
soft rock perft $23.00
-2 Standard Wet Rotary (Does not include logging) per It $26.00
-3 Nx Rock Core (Does not include logging)
Soft rock (marl, shale) perft $38.00
Hard rock (limestone, sandstone) perft $50.00
A Non -conventional drilling (barge drilling or unusual time
consuming drilling i.e. through bridge) per hr $337.00
-5 Field Logging Services
Geotechnical Technician per hr $73.00
Geologists per hr $155.00
Engineer in Training per hr $112.00
-6 Field Coordination
Field Engineer per hr $118.00
Flagman per hr $78.00
7 Mobilization
Mobilization or truck -mounted rig, rill crew and support per mile $4.64
Field logger trip charge per mile current GSA rate
Mobilization non-standard equipment (44 all terrain rig) cost+10%
Barge mobilization and rental cost+10%
Minimum Charge per day $832.00
-8 Sampling
Standard Penetration Test(ASTM D1586) pertest $27.00
Shelby Tube(ASTM D1587) per test $27.00
Texas Cone Penetrometer Test (THD, Tex-132-E) per test $31.00
RASAKISTNER
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
FIELD DRILLING SERVICES
-9 Other Expenses/Charges
Standby Time
perhr
$268.00
Mileage - non -drilling equipment
per mile
current GSA rate
Grout backfill
per ft
$4.16
Dozer/clearing cost
cost+10%
Logger truck charge
per day
$64.12
Standard pavement coring
each
$87.72
Concrete/AC patch
each
$74.83
Traffic control - signs, barricades
cost+10%
All other outside expenses
cost+10%
RABAKISTN9R
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CRY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LAB TESTING SERVICES
ASPHALTIC CONCRETE
REFERENCE
FIELD SERVICES
UNIT
2022 PRICE
ASTM D 75
Sampling Raw Materials of Composite Mix
Technician Time
perhour
61.50
Asphalt Institute
Asphaltic Plant Observation- TO Verify Aggregate Size
Manual
and Quality, Batch Weights and Temperature
Technician Time
perhour
74.50
Asphalt Institute
Asphaltic Site Observation- TO Observe Preparation,
Manual
Laydown Operations, Asphaltic Concrete Temperatures,
Mat Thickness and Mat Density Determination
Technician Time
perhour
74.50
ASTM D 2950
Nuclear Density Test with Inspection
each
19.013
Nuclear Density Test
each
30.00
REFERENCE
LABORATORY SERVICES
UNIT
2022 PRICE
ASTM D 2172;
Extraction Test, Bitumen Content and Aggregate
TMDOT, TEX-210-F
Sieve Analysis of Asphaltic Concrete
each
230.00
ASTM D2172;
Extraction Test, Bitumen Content Only
each
157.00
TxDOT, TEX-210-F
Asphaltic Concrete Extraction; Bitumen Content and Aggregates;
Sieve Analysis of Asphaltic Concrete; Molding Specimens
(Hveem or Marshall); Laboratory Density (Molded Specimen);
Stability Test (Hveem); and Maximum Theoretical Specific
Gravity(Rice Gravity)
perset
551.00
Hveem,
Molding Specimens
TxDOT, TEX-206-F;
Hveem or Marshall
perset
73.00
Marshall,
5uperpave(2 per set)
perset
142.00
ASTM D 1559
TxDOT, TEX-207-F;
Laboratory Density Test
perset
73.DO
ASTM D2726
a) Molded Speciment
perset
73.00
b) Asphalt Care
each
61.OD
c) Superpave(2 per set)
perset
86.00
Hveem,
Stability Test
TxDOT, TEX-2084;
Marshall
perset
69.0D
Marshall,
Hveem
perset
69.00
ASTM 01559
Asphalt Institute
Corp of Engineers or FAA
each
2304.00
Manual and TxDOT;
T.DOT QualityControl/Quality Assurance
each
2304.00
Mix Designs
TXDOT CMHB
each
3278.00
TxDOT Calibration Mix and Pans
each
386.00
TxDOT Black Base Design, Item 345
each
1724.00
T%DDT, TEX-200-F;
Sieve Analysis of Aggregate
each
47.00
ASTM C 136
TxDOT, TEX-203-F;
Sand Equivalent Test
each
99.00
ASTM D 2419
AASHTO TP 33
Fine Aggregate Angularity
each
59.00
ASTM D4791-95
Flat and Elongated Particle
each
59.00
TxDOT, TEX-201-F;
Specific Gravity(Coarse or Fine Aggregate)
each
47.00
ASTM C 127
RABAKISTNER
TXDOT, TEX-201-F;
ASTM C 127
TxDOT, TEX-411-A;
ASTM C 88
ASTM C 131;
ASTM C 535
Asphalt Inst. SP-2
TxDOT, Item 3066
AASHTO PP 28-95
TxDOT, TEX-227-F;
AASHTO T 209;
ASTM D 2041
TxDOT, TEX-226-F;
AASHTO T 283;
ASTM D 4867
TxDOT, Item 3157
TxDOT, TEX-126-E
(Modified)
TxDOT, TEX-2D8-F
(Modified)
ASTM D 1559
TxDOT, TEX-103-E
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CRY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND US TESTING SERVICES
Absorption (Coarse or Fine Aggregate)(includes Specific Gravity) each
Sulfate Soundness (Time and Test)
Preparation Time perhour
a) Magnesium - 5 Cycle each
b) Sodium - 5 Cycle each
Los Angeles Abrasion Test (Time and Test)
Los Angeles Abrasion Test (Small or Large Coarse Aggregate) each
Superpave TM Mix Design (Includes Aggregate, Specific Gravity
and Sieve Analysis)(Does Not Include TSR) each
Maximum Theoretical Specific Gravity(Rice Gravity) each
Moisture Sensitivity Test (Tensile Strength Ratio Test)
with Freeze/Thaw
without Freeze/Thaw
Cold Processed —Recycled Paving Material (RPM)
Mixture Design
Mixture Verification (QC) Strength,
Stability (Hveem, Modified Marshall)
Molding and Strength
Molding and Hveem
Molding and Marshall
Molded Moisture Content
REFERENCE FIELDSERVICES
PCA Sampling Raw Materials for Mix Verification
Technician Time
Sampling Contractor Processed Material
Technician Time
REFERENCE LABORATORY SERVICES
PCA Molding Controlled Processed Material
PCA Unconfined Compressive Strength Testing
ASTM D 559;
Durability (2 Specimens per Set) (Percent Loss in 12 Cycles)
ASTM D560
Wet Dry/Freeze Thaw
Mix Design
PCA;
Mix Design -Cement Treated Base (Does Not
TxDOT, TEX-120-E;
Include Durability)
ASTM D 558
each
each
73.00
61.50
583.00
520.00
225.00
7124.00
107.00
616.00
483.00
perset
900.00
perset
439.00
perset
166.00
per set
155.00
each
16.00
UNIT
202E PRICE
perhour
61.50
perhour
61.50
UNIT
2022 PRICE
each
83.00
each
37.00
perset 707.00
each 1408.00
RABAKISTNER
OWCALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CRY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LAB TESTING SERVICES
CONCRETE
REFERENCE
FIELD SERVICE $
UNIT
2022 PRICE
ASTMC 31;
Sampling Concrete to Conduct Slump Test, Measure Concrete
ASTM C 172;
Temperature, Cast Test Specimen and Transport
ASTM C 143
Test Specimen to Laboratory Next Day
Technician Time
perhour
61.50
Pick -Up of Test Specimen
per hour
61.50
Standby Time
perhour
61.50
ASTM C39;
Cylinder Compressive Strength Testing and Reporting
ASTM C 617
(In Conjunction with Sampling)
a) 642 or 4x8 - Normal Weight or Lightweight Structural
(Minimum of4)
each
21.00
b) 3x6- Ughtweight Insulating Cellular
(Minimum of 6- Includes Two Dry Densities)
each
31.00
c)"Hold" Cylinder (Additional Charge)
each
24.00
d)"Strip" Cylinder (Additional Charge)
each
16.00
e) Compressive Strength -2x2 Cubes
each
30.00
Q Dry Density- Concrete Cylinder
each
53.00
ASTM C 78
Flexural Strength Testing and Reporting
(In Conjunction with Sampling Beams)
each
65.00
Air Content (In Conjunction with Sampling)
ASTM C Z31
a) Pressure
each
38.00
ASTM C273
b)Volumetrlc
each
46.00
AASHTO T199
c)Chase
each
20.00
ASTM C138
Unit Weight
each
34.00
ASTM C 143
Additional Slump Test
each
29.00
ACI 311;
Concrete Plant Observation- To Observe and Record Aggregate
ACI 304
Types, Batch Weights, Concrete Consistency and Mixing Time
Technician Time
per hour
61.50
ACI 311;
Concrete Site Observation - To Record the Consistency of Concrete,
ACI 304
Verify and Adjust Slump within Project Specifications and Sample
for Test Specimens
Technician Time
perhour
61.50
REFERENCE
LABORATORY SERVICES
UNIT
2022 PRICE
C1211.1
Hardrock Concrete Mix Design Calculations and
Proportioning to Include Six Confirmatory Cylinders
(Physical Properties Not Included)
each
364.00
ACI 211.1(303.11)
Architectural Mix Design
each
396.00
ACI 211.2
Lightweight Structural Mix Design
each
375.00
ASTM C 270
Masonry Mortar Mix Design Including Six Cubes and
Water Retention (Physical Properties Not Included)
each
396.00
ASTM C 1202
Chloride Ion Permeability
per set
316.00
ASTM C 39
Cylinders Compressive Strength Testing and Reporting
F.O.B. Cylinders to Our Laboratory
each
33.00
R A B A K I S T N E R
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LAB TESTING SERVICES
ASTM C496
Splitting Tensile Strength of Concrete Cylinders
Tensile Test
each
52.00
ASTM C 666
Freeze -Thaw Test
per set
439.00
ASTM C 469
Determination of Young's Modulus of Elasticity
(Time, Ten and Set -Up)
each
99.00
ASTM C$03
Windsor Probe (includes Surface Preparation)
perhour
102.00
ASTM C 805
Schmidt Rebound Number
per hour
104.00
CONCRETE AGGREGATES
REFERENCE
FIELD SERVICES
UNIT
2022 PRICE
ASTM D75,
Sampling Concrete Aggregates
TxDOT, TEX-0W-A
Technician Time
perhour
61.50
REFERENCE
LABORATORY SERVICES
UNIT
2022 PRICE
ASTM C 566
Moisture Content
each
16.00
ASTM C 29;
Unit Weight (Coarse or Fine)
TxDOT, TEX-404-A
a)Loose
each
40.00
b)Rodded
each
40.00
ASTM C 127;
Specific Gravity (Coarse or Fine)
each
47.00
ASTM C 128;
TxDOT, TEX-201-F
ASTM C 123
Lightweight Particles (Plus Cost of Materials)
per test
70.00
Absorption
ASTM C 127;
a) Normal Weight Aggregate )Coarse or Fine)
each
30.00
ASTM C 128;
b) Lightweight Aggregate (Coarse)
each
33.00
TxDOT, TEX-201-F
ASTMC 136;
Sieve Analysis (Dry) for ASTM C 33 Specifications
TxDOT, TEX401-A
a) Coarse, Per Sample
each
51.00
b) Fine, Per Sample
each
62.00
ASTMC 117;
Amount Finer than No. 200(Decantation)
each
44.00
TxDOT, TEX406-A
ASTMC 131;
Los Angeles Abrasion (Time and Test)
each
225.00
ASTM C 535
ASTM C 88;
Sulfate Soundness(Time and Test)
TxDOT, TEX411-A
Preparation Time
per hour
61.50
a)Magnesium -S Cycle
each
583.00
b)Sodium -S Cycle
each
520.D0
ASTM C 117;
Physical Properties of Aggregates- Includes Decantation,
ASTM C29;
Rodded Unit Weight, Specific Gravity, Absorption, Sieve
ASTM C 127;
Analysis and Moisture Content (Per Aggregate Type and Size)
ASTM C 128;
Conducted In Conjunction with Concrete Mix Design
each
174.00
ASTM C 566;
Conducted Separate from Concrete Mix Design
each
225.00
TxDOT, TEX406-A; TxDOT, TEX404-A;
TxDOT, TEX-2014; TXDOT, TEX-401-A
ASTM C40;
Organic Impurities
each
45.00
TxDOT, TEX408-A
R A B A K I S T N E R
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LAB TESTING SERVICES
ASTM C 2419;
Sand Equivalent Values
TXDOT, TEX-203-F
ASTM C 142
Clay Lumps and Friable Particles
ASTM C 641
Staining Materials in Lightweight Concrete Aggregate
CORING
REFERENCE
FIELD SERVICES
ASTM C42;
Technician Time and Equipment
AC1318
a) One Man
b) Two Men
c) Reinforcing Steel Detector
d) Coring
a)Generator
Bit Wear
a) Limestone Aggregate
b) Quartz Aggregate (River Graver
REFERENCE
ASTM C 42
a)
ASTM C 39;
ASTM C 42;
ASTM C 174;
ASTM C 617
REFERENCE
National Lime
Association
REFERENCE
STM D 422;
TXDDT, TEX-101-E,
PL II
ASTM D 4318;
TnDOT, TEX-112-E
TEX421-E
ASTM C 193
ASTM C 109
ASTM C 185
ASTM C 266;
ASTM C 191
ASTM C 151
Sawed Ends for Compressive Strength Test
a) Limestone Aggregate
Compressive Strength of Concrete Core Includes
Measurements, Capping and Testing
Report Photographs
Laboratory Air -Dried Unit Weight
LIME
each
100.00
each
68.00
each
68.00
LL
per hour
perhour
per day
perday
perday
per inch
per inch
UNIT
square inch
each
each
FIELD SERVICES lL
Continuous Observation to Monitor and Record Equipment
Functions, Specific Gravity of the Lime Slurry and Observation
of Stabilization Location and Depth
Technician Time per hour
LABORATORY SERVICES UNIT
Sieve Analysis of Pulverized Materials for Gradation Compliance each
2022 PRICE
75.00
115.00
400.00
350.00
150.00
7.50
8.50
2022 PRICE
2.50
33.OD
Cost a10%
20.00
2022 PRICE
61.50
2022 PRICE
75.00
Lime Series Curve Determination Including Five Atterberg Limits
each
525.00
Sail -Lime Testing Part III
each
410.00
Standard Method of Sampling HydraulicCement
per hour
61.50
Compressive Strength of Hydraulic Cement Mortars
(Using 2-in. or 50mm Cube Specimen(
each
29.00
Air Content of Hydraulic Cement Mortar
each
59.00
Time of Setting of Hydraulic Cement by GlllmoreNicat Needles
each
71.00
Autoclave Expansion of Portland Cement
each
236.00
RABAKISTNER
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISTNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LAB TESTING SERVICES
ASTMC 187
Normal Consistency of HydraulicCement
each
59.00
ASTM C 188
Specific Gravity of Hydraulic Cement
each
69.00
ASTM C 430
Fineness of Hydraulic Cement by the No. 325 Sieve
each
69.00
ASTM C 451
Early Stiffening of Portland Cement (Paste Method)
each
59.00
ASTM C 114
Chemical Analysis
each
434.00
ASTM C91
Water Retention of Masonry Cement
each
110.00
ASTM C 150
Chemical Analysis
each
435.D0
Physical Analysis
each
863.00
SOILS
REFERENCE
FIELDSERVICES
UNIT
2022 PRICE
ASTM D 75
Sampling Subgrade, Fill or Base
Technician Time
per hour
61.50
In -Place Moisture -Density Test
Technician Time
perhour
61.50
ASTM D 2922
Nuclear Density
each
30.00
ASTM D2167;
Volumetric Density(Sand Cone)
each
86.00
ASTM D 1556
Fill and Embankment Observation -Testing for Compliance
with the Project Specifications to Verify Proper Moisture
and Compaction Conditions in Order to Produce a Quality
RII and Uniform Workmanship (Time, Test and Mileage)
Technician Time (Hourly Rate)
per hour
61.50
Proof Rolling Observation
per hour
61.50
ASTM D 2922
Nuclear Density Test with Observation
each
19.00
REFERENCE
LABORATORY SERVICES
UNIT
20Z2 PRICE
ASTM D2216;
Moisture Content
each
16.00
TXDOT, TEX-103-E
Atterberg Limits
ASTM D 4318
a) ASTM or TSDOT (TEX-104, TEX-105-E, TEX-306-E)
each
99.00
Shrinkage Limit in Conjunction with Atterberg Limits
ASTM D427
a) Volumetric
each
122.D0
b) Linear MOOT, TEX-107-E)
each
122.00
ASTM D422;
Sieve Analysis
TVDOT, TEX-101-E;
a) Washed through No. 40(Up to S Sieves)
each
68.00
TXDOT, TEX-110-E
b) Washed through No. 200(Up to 4 Sieves)
each
100.00
c) Additional Sieves
each
16.00
ASTM D1140
Amount Finer than No. 200 Sieve
each
68.00
TEX4454
Determining Sulfate Content in Soils
each
85.00
RABAKISTNER
ON -CALL GEOTECHNICAL ENGINEERING AND CONSTRUCTION
MATERIALS TESTING CONSULTING SERVICES
CITY OF ROUND ROCK
RABA KISrNER CONSULTANTS, INC.
CONSTRUCTION FIELD AND LABTESTING SERVICES
Moisture -Density Relationship
Preparation Time
Preparation Time
perhour
61.50
ASTM D 698;
ASTM
each
300.00
ASTM D 1557
AASHTOT99;
AASHTO
each
300.00
AASHTO T 180
TxDOT, TEX-113-E;
TxDOT
each
30DD0
TxDOT, TEX-114-E
MIL STD CE 55A
Corps of Engineers
each
300.00
ASTM C 131;
Las Angeles Abrasion (Time and Test)
each
225.00
ASTM 0 535
ASTM D 1883
California Bearing Ratio - Short Method; Includes
Moisture -Density Relationship and Three Test Specimens
per set
953.00
Each Additional Specimen
each
192.00
TxDOT, TEX-117-E
TxDOT Tdaxial—Short Method; Includes Moisture -Density
Relationship and Up to Six Test Specimens
pan
per set
1610.00
Part 11
perset
1480.00
Each Additional Specimen
each
180.00
ASTM D854;
Specific Gravity
each
100.00
TxDOT, TEX-108-E
ASTM D422;
Hydrometer Analysis(Includes Sample Preparation,
T%DDT, TEX-110-E
Grain Size Curve and Specific Gravity)
each
327.00
ASTM D5094
Hydraulic Conductivity
each
509.00
ASTM D 2166
Unit Weight
each
34.00
TxDOT, TEX-116-E
Wet Ball Mill
each
246.00
Water Content and Visual Classification
each
16.00
Unconfined Compression (includes unit dry weight)
a) Soil Shelby Tube Specimens
each
51.00
b) Rock Core Specimens
each
61.00
(1) Sawed Specimen Ends
perend
14.00
Triaxial Compression
a) Unconsolidated-Undrained, Per Specimen
each
94.00
b) Unconsolidated-Undrained, Multistage
each
327.00
Direct Shear
a) Unconsolidated-Undrained
each
252.00
b) Consolidated -Drained (Sand)
each
531.00
Consolidation (Not Including Specific Gravity)
each
680.00
Swell Test
a) Pressure Method
each
355.00
b)Free Swell
each
190.00
RABAKISTNER
EXHIBIT D
Certificate of Insurance
Attached Behind This Page
A CERTIFICATE OF LIABILITY INSURANCE
DATE�10a� '
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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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
Aon Risk Services Southwest, Inc.
Houston TX Office
CONTACT
NAME:
PHONE
(NC.M.Eeq: (866) 283-7122 F (800) 363-0105
E-MAIL
ADDRESS:
5555 San Felipe
suite 1500
INSURER(S) AFFORDING COVERAGE
NAICe
Houston TX 77056 USA
INSURED
INSURERA: Allied world surplus Lines Insurance CO
24319
Raba Kistner, Inc.
12821 W. Golden Lane
San Antonio TX 7Lane USA
INSURER 9: zurich American Ins Co
16535
INSURER C: Ironshore Specialty Insurance Company
25445
INSURER D:
INSURER E:
NBLIM F.
COVERAGES CERTIFICATE NUMBER: 570091945345 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
L
TYPE OF INSURANCE
p,BD
v%
POLICY NUMBER
POMYEFF
101DON11on
LIMITS
MMERCIAL GENERAL LIABILITY
GL
EACH OCCURRENCE
E2,000,000
Tclo
CLAIMSMADE fl OCCUR
PREMISES oau..
$1,000,000
MEDEXPVVyonepermn)
$5,000
PERSONAL&ADVINJURY
$2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE
$5,000,000
POLICY DPRO, �LOC
JECT
PRODUCTS-COMPIOPAGG
$4,000,000
OTHER:
B
AUTOMOBILE UMILnY
BAP 0305096 02
10/31/202110/31/2022
COMBINED SINGLE LIMITflie.d
$2,000, 000
BODILY INJURY(P., pereon)
X ANYAUTO
BODILY INJURY(Peracddanq
OWNED SCHEDULED
HREDRU N09 AUTOS NON-0OMED
ONLY AUTOS ONLY
PROPERtt DAMAGE
er eccMenl
UMBRELLALIAB
OCCUR
EACH OCCURRENCE
AGGREGATE
EXCESS LAB
CL UM MADE
DED1 IRETENTION
B
WORPLERSCOMPENSATIONAND
EMPLOYERS' LIABILITYER
ANYPROPMETORIPAmNERIEXECIRNE YIN
WC03050950
X PERSTATUTE OTH-
EL. EACH ACCIDENT
$1,000,000
OFFICERAEWIER EXCLUMDi
(Mandatory M N)
NIA
E.L.DISEASE-EAEMPLOVEE
$1,000,000
I/ egd.mw.nder
DESvCRIPTION OF OPERAPONSbebw
E.L. DISEASE-POUCY LIMB
$1,000,000
A
E&O-PL-Primary
03121277
06/30/2021
06/30/2022
Aggregate Limit
S1,000,000
Claims Made
Each Claim
$1,000,000
SIR applies per policy ter
s & condi
ions
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. AdtlXbnd Re=A& Schedule, may be attached If mare apace u required)
RE: Project Name/No. On -call Geotechni Cal Engineering and Construction Materials Testing Services. City of Round Rock is
included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability
policies. 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 Subrogation is granted in favor of City
of Round Rock 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 provisions will govern how notice of cancellation may be delivered to
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE VA BE DELIVERED IN ACCORDANCE PATH THE
POLICY PROVISIONS.
City Manager
AUTHORQED REPRESENTATIVE
Aon Client Services By
city of Round Rock
221 East Main Street
Round Rock lx 78664 USA
A
D lie�Ym, 2 )fi
Q1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
2
C
a
m
U
AGENCY CUSTOMER ID: 570000081474
ACORO® LOC M
ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY
AOn Risk Services southwest, Inc.
NAMED INSURED
Raba Kistner, Inc.
POLICY NUMBER
See Certificate Number: 570091945345
CARRIER
See certificate Number: 570091945345
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
AddiUonal Desnption of Operations / Locations / Vehicks:
certificate Holders in accordance with the policy provisions of each policy.
ACORD 101 (2008101) D 2008 ACORD CORPORATION. All rights reserved
the ACORD name and logo are registered marks of ACORD