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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