R-2023-009 - 1/12/2023 RESOLUTION NO. R-2023-009
WHEREAS, the City of Round Rock ("City") desires to retain professional consulting services
related to construction materials testing services for the Kenney Fort Boulevard 4C Project; and
WHEREAS, Raba Kistner Consultants, Inc. has submitted an Agreement for Professional
Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with Raba Kistner
Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Professional Consulting Services for Construction Materials Testing Services with
Raba Kistner Consultants, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of January, 2023.
/,,,, IAI
CRAIG G , Mayor
City of lound rock, Texas
ATTEST:
pig
MEAGAN S KS, City Clerk
0112.20222;4882-7874-4903
EXHIBIT
„A„
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
CONSTRUCTION MATERIALS TESTING SERVICES WITH
RABA KISTNER CONSULTANTS,INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional consulting services related to construction
materials testing services for the Kenny Fort 4C Project (the "Agreement") is made by and
between the CITY OF ROUND ROCK, a Texas home-rule municipal corporation with offices
located at 221 East Main Street, Round Rock, Texas 78664-5299, (the "City") and RABA
KISTNER CONSULTANTS, INC., located at 8100 Cameron Road, Suite B-150, Austin, Texas
78754 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for a construction material testing
services for the Kenney Fort 4C Project(the "Project"); and
WHEREAS, City desires to contract for such professional services with Consultant; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE,DURATION,AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved.
4866-1363-3859/ss2
City reserves the right to review the Agreement at any time and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being attached hereto as Exhibit "A" entitled "Scope of Services," which
document is incorporated herein for all purposes. Consultant shall satisfactorily provide all
services described herein and as set forth in Exhibit "A" in accordance with the schedule set
forth by Consultant and agreed upon by City. Such services shall be performed in the time frame
approved by the City. Consultant's undertaking shall be limited to performing services for City
and/or advising City concerning those matters on which Consultant has been specifically
engaged. Consultant shall perform services in accordance with this Agreement, in accordance
with the appended proposal for services, and in a professional and workmanlike manner.
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit"A," and Consultant shall not undertake work that is beyond the Scope of Work set forth
in Exhibit "A," however, either party may make written requests for changes to the Scope of
Work." To be effective, a change to the Scope of Work must be negotiated and agreed to and
must be embodied in a valid Supplemental Agreement as described in 8.01.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant in accordance with Exhibit `B" entitled "Fee Schedule,"
incorporated herein by reference for all purposes, for the deliverables as delineated in Exhibit
"A," an amount not to exceed Eighty-Three Thousand One Hundred Seven and No/100
Dollars($83,107.00).
5.0 INVOICE REQUIREMENTS AND TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
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Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
6.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the"rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or .
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
7.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving Consultant a written notice of termination at the end of its then-
current fiscal year.
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8.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
9.0 TERMINATION AND DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement, and shall be promptly delivered to the
City in a reasonably organized form without restriction on future use. Should the City
subsequently contract with a new consultant for continuation of service on the project,
Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
City and the terminated party to fulfill contractual obligations. Termination under this section
shall not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City,the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
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terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
10.0 CITY'S RESPONSIBILITIES
Consultant's performance requires receipt of all requested information reasonably
necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a
comprehensive and detailed information request list, if any.
11.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
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12.0 CONFIDENTIALITY AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Any and all materials created and developed by Consultant in connection with services
performed under this Agreement, including all trademark and copyright rights, shall be the sole
property of City at the expiration of this Agreement.
13.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-perform any work no in compliance
with this representation.
14.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re-perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein,then this Agreement may be terminated for default.
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In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
In no event shall Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of Consultant),
whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit,
punitive, special or similar damages relating to or arising from the services, or (b) in any event,
in the aggregate, for any amount in excess of the total professional fees paid by the City to
Consultant under this Agreement, except to the extent determined to have resulted from
Consultant's gross negligence, willful misconduct or fraudulent acts relating to the service
provided hereunder.
15.0 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs, attorneys' fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages,
fines, penalties, liabilities and claims of any character, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
16.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval,which approval shall not be unreasonably withheld.
17.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
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If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
18.0 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights, if required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. Services Provider acknowledges and understands that City has adopted a Storm
Water Management Program (SWMP) and an Illicit Discharge Ordinance, Sections 14-139
through 14-152 of the City's Code of Ordinances, to manage the quality of the discharges from
its Municipal Separate Storm Sewer System (MS4) and to be in compliance with the
requirements of the Texas Commission on Environmental Quality (TCEQ) and the Texas
Pollutant Discharge Elimination System (TPDES). The Services Provider agrees to perform all
operations on City-owned facilities in compliance with the City's Illicit Discharge Ordinance to
minimize the release of pollutants into the MS4. The Services Provider agrees to comply with of
the City's stormwater control measures, good housekeeping practices and any facility specific
stormwater management operating procedures specific to a certain City facility. In addition, the
Services Provider agrees to comply with any applicable TCEQ Total Maximum Daily Load
(TMDL) Requirements and/or I-Plan requirements.
C. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) and will not
boycott Israel during the term of the contract. The signatory executing this Agreement on behalf
of Consultant verifies that Consultant does not boycott Israel and will not boycott Israel during
the term of this Agreement.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Agreement on behalf of Vendor verifies Vendor 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 Agreement against a firearm
entity or firearm trade association.
E. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
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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 Agreement. The signatory executing this
Agreement on behalf of Vendor verifies Vendor does not boycott energy companies, and it will
not boycott energy companies during the term of this Agreement.
19.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
20.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Bill Stablein
Project Manager- Senior
Transportation Department
3400 Sunrise Drive
Round Rock, TX 78665
(512)218-7026
bstableina,roundrocktexas.gov
21.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in the Agreement.
Notice to Consultant:
Raba Kistner Consultants, Inc.
8100 Cameron Road, Suite B-150
Austin, Texas 78754
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
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AND TO:
Stephanie L. Sandre, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
22.0 INSURANCE
Consultant shall meet all requirements as set forth at http://www.roundrocktexas. og v/wp-
content/uploads/2014/12/corr_insurance 07.20112.pdf as set forth in the "Certificate of
Insurance,"attached as Exhibit"C," incorporated herein by reference for all purposes.
23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
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stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
27.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
28.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terns of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
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arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock,Texas Raba Kistner C nsultants,Inc.
�0.4,.,�4CQ�..Q�
By: By:
Printed Name: Printed Name: Gabriel Ornelas, Jr., P.E.
Title: Title: Senior Vice President & COO
Date Signed: Date Signed: December 15, 2022
For City,Attest:
By:
Meagan Spinks, City Clerk
For City,Approved as to Form:
By:
Stephanie L. Sandre, City Attorney
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Exhibit"A"
Scope of Services
[Delivered by E-mail to: bstablein@roundrocktexas.sov] , R A B A
KISTNER
8100 Cameron Road,Suite B-150
PAD22-257-00 Revision No. 2 Austin,Tx 78754
November 29, 2022
P 512.339.1745
F 512.339.6174
Mr. Bill Stablein TBPE Firm F-3257
City of Round Rock—Transportation Department
WWW.RKci.coM
3400 Sunrise Road
Round Rock,TX 78665
Re: Construction Materials Testing Services
Kenny Fort Boulevard—Segment 4C
Kenny Fort Blvd.from E. Palm Valley Blvd to E.Old Settlers
Dear Mr. Stablein:
RABA KISTNER Consultants, Inc. (RKCI) is pleased to submit our proposal to provide the construction
materials observation and testing services on the project referenced above. We appreciate
the opportunity to submit this proposal and look forward to working with you in the development of this
project.
We propose an estimated budget of $83,107.00 for testing and observation services for the referenced
project. This budget is based on our understanding of the project, an estimate of quantities, and past
experience with similar projects. A cost estimate breakdown is presented in the attached spreadsheet.
Construction sequencing, delays, and the number of times that the client or their representative requests
our services will affect the suggested budget. Services will be provided on a call-out basis for the cost-
estimate spreadsheet attached to this proposal. The scope of work includes the observation and testing
of the following construction materials:
• Soils laboratory testing, in-place field nuclear density testing,
• Concrete compressive strength specimen sampling,testing, and reporting,
• Drilled pier observations,
• Asphalt aggregate sampling and observation.
This proposal may serve as RKCI's work agreement for the referenced project. Please sign this proposal,
initial every page of each attachment, fill out the Report Distribution List, and return one signed original
to our office as authorization for RKCI to provide these services. If you choose to issue your own purchase
order or work agreement, please reference our proposal number.
Thank you for allowing RKCI the opportunity to submit our proposal for the construction materials
observation and testing services. We have a fully-equipped AASHTO Accredited laboratory and we look
forward to providing these services to you during the construction of this project. If you have any
questions concerning our proposal or need any additional information, please call us at (512) 339-1745.
' CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT 9 INFRASTRUCTURE
2
PAD22-257-00 Rev 2
November 29, 2022
Very truly yours,
RABA KISTNER CONSULTANTS, INC. Approved (Signature)
By:
(Printed or Typed Name)
/ a
David A. Brown
Lead CoMET Estimator
(Title)
Ali Hekmatfar, Ph. ., P.E. (Company Name)
CoMET Project Manager
DB/AH:am
(Date)
Attachments: Cost Estimate Breakdown
Scope of Work
Report Distribution
R A B A K I S T N E R
4
PAD22-257-00 Rev 2
November 29, 2022
SCOPE OF WORK
Construction Materials Testing Services
Kenny Fort Boulevard—Segment 4C
Kenny Fort Blvd from E. Palm Valley Blvd to E.Old Settlers
General:
1. We understand that the City of Round Rock—Transportation Department will require the services of
experienced engineering technicians as scheduled by you or your representatives. Client will incur a
3-hour minimum charge per each site visit.We request twenty-four(24) hour notification to properly
schedule our work.
2. Service charges are based on the hourly rates stated herein and will be assessed from the time the
Engineer or Technician leaves our office until he returns from the project.
3. A vehicle travel charge will be assessed for round-trip travel from our office to the project site,
material supplier, etc.and back to our office.The charges from our office to the project site will be as
follows:
Travel Time (Round Trip) ............................................................................1.5 Hour
Vehicle Travel Charge .................................................................................$30.00 Trip
4. Our total cost of services is based upon the assumption that this project will require a technician on
site during normal work hours. Normal work hours are defined as Monday through Friday, 7:00 am
to 5:00 pm. An overtime rate of 1.5 times the appropriate hourly rate will be assessed for services
performed outside of normal work hours and/or after eight (8) hours of work per day. Services
requested for Sundays or Federal Holidays will be assessed at an overtime rate of 2.0 times the
appropriate hourly rate.
5. Invoices will be submitted monthly for work in progress in our standard format. Our invoices are due
and payable upon receipt at P.O. Box 971037, Dallas, Dallas County, Texas 75397-1037. All parties
hereby agree that this agreement upon acceptance will be performable in Williamson County, Texas.
In the event that the State of Texas legislates a sales tax on professional services, the amount of tax
applicable will be added to the appropriate service rate charged by Raba-Kistner Consultants, Inc.
6. Raba-Kistner will utilize the on-site initial field curing facilities provided by the contractor. The cost of
providing and maintaining these initial curing facilities is not included in our proposal.
R A B A K I S T N E R
Exhibit"B"
PAD22-257-00 Rev 2 Fee Schedule 3
November 29,2022
COST ESTIMATE BREAKDOWN
Project Name: Kenny Fort Boulevard-Segment 4C
Project Location: Kenny Fort Blvd from E Palm Valley Blvd to E.Old Settlers
Contact Name: Bill Stablein
Client: City of Round Rock-Transportation Department
Address: 3400 Sunrise Road
City/State/Zip Round Rock,TX 78665
Phone Number: 512.218.7044
E-Mail: bstablein@roundrocktexas.gov
TESTING/OBSERVATION ITEM UNIT COST UNIT ESTIMATED COST
QUANTITY EXTENSION
SOILS
Laboratory Testing
Moisture DensityRelationship,TxDOT $300.00 each 10 $3,000.00
Atterber Limits $99.00 each 10 $990.00
Sieve Analysis(including Passing#200 $168.00 each 10 $1,680.00
Field Testing/Observation
In-Place Nuclear Densities $30.00 each 408 $12,240.00
CMTTechnician $61.50 1hour 414 $25,461.00
Vehicle Travel Charge(50mi RT x 0.585) $30.00 Itrip 1 1381 $4,140.00
Subtotal I 1 1 $47,511.00
CONCRETE
Laboratory Testing
Concrete Compressive Strength Cylinders(including air
and slump test) $34.40 each 150 $5,160.00
Field Testing/Observation
CMTTechnician $61.50 hour 80 $4,920.00
Vehicle Travel Charge(50mi RT x 0.585) $30.00 trip 20 $600.00
Subtotal $10,680.00
PIER OBSERVATIONS(Assumed a pier construction production rate of an average of about 5 piers/day)
Laboratory Testing
Concrete Compressive Strength Cylinders(including air
and slump test) $34.40 each 20 $688.00
Field Testing/Observation
Lead CMTTechnician $75.00 hour 40 $3,000.00
Geotechnical Project Engineer $156.00 hour 8 $1,248.00
Vehicle Travel Charge(50mi RT x 0.585) $30.00 trip 5 $150.00
Subtotal $5,086.00
ASPHALT
Laboratory Testing
Bag Sample Extraction,Gradation,A/C content, $551.00 each 15 $8,265.00
Molding Specimens,Laboratory Density of Molded
Specimens,Stability Test,Hveem,Maximum
Theoretical Specific Gravity)
Density of Asphalt Cores $61.00 each 4 $244.00
Field Testing/Observation
Lead CMT Technician $75.00 hour 55 $4,125.00
Coring Rig $350.00 day 4 $1,400.00
Generator $150.00 day 4 $600.00
Vehicle Travel Charge(50mi RT x 0.585) $30.00 trip 10 $300.00
Subtotal $14,934.00
PROJECT ADMINISTRATION
Engineer in Training $113.00 hour 24 $2,712.0
Project Manager $182.00 hour iiEg
Clerical $70.00 hour
Subtotal
GRAND TOTAL
R A B A K I S T N E R
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Exhibit"C"
CERTIFICATE OF LIABILITY INSURANCE DATE( / Y,
A�ORL7 os/1n a/2022o22
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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT W
PRODUCER NAME: �
Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 a)
Houston TX Office (A/C.No.Est): AIC.
SSS5 San Felipe E-MAIL p
Suite 1500 ADDRESS: _
Houston TX 77056 USA
INSURERS)AFFORDING COVERAGE NAIC#
INSURED INSURER A: Allied World Surplus Lines Insurance Co 24319
Raba Kistner, Inc. INSURERB: Ironshore Specialty Insurance Company 25445
12821 west Golden Lane
San Antonio TX 79249 USA INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570093581271 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
INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYY MM1DD/YYY POLICY EFF POLICY EXP LIMBS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS MADE ❑OCCUR
PREMISES Ea occuvence
MED EXP(Any one person)
PERSONAL&ADV INJURY
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE
ao
POLICY ❑JE ❑I PRODUCTS-COMP/OP AGG Cl)
0
OTHER: r-
r
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANY AUTO BODILY INJURY(Per person) Z
OWNED SCHEDULED BODILY INJURY(Per accident) dJ
AUTOS ONLY AUTOS
HI RED AUTOS NON-OWNED PROPERTYDAMAGE
ONLY AUTOS ONLY
Per accident w
1=
L
UMBRELLA LAB HOCCUR EACH OCCURRENCE U
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION
WORKERS COMPENSATION AND PER STATUTE I OTH-
EMPLOYERS'LIABILITY Y/N ER
ANV PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT
OFFICERIMEMBER EXCLUDED? N/A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT
A E&O-PL-Primary 03121277 06/30/2021 12131120221 Aggregate Limit $1,000,000—
Claims Made Each Claim $1,000,000
SIR applies per policy ter s & condi ions
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 4
Project: Engineering Consulting Services for on-call Geotechnical & Construction Materials Testing
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE y
POLICY PROVISIONS.
City Of Round Rock - Transportation Dept AUTHORIZED REPRESENTATIVE -_
2008 Enterprise Drive
Round Rock TX 78664 USA _ �y ��%LrDfC r�H2�rc�d cJa�-ear ipno.
91988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-966726
Raba Kistner, Inc.
San Antonio,TX United States Dab Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/22/2022
being filed.
City of Round Rock Dab Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Kenney Fort 4C
Construction Materials Testing
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is Chris L. Schultz and my date of birth is_
My address is 12821 W. Golden Lane San Antonio TX 78249 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Bexar County, State of Texas on(he?2nc}iay of Dec. 20_22
(month) wear)
zed agent o con rig business entity
(mot)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V3 5.1 3ac88bc0
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2022-966726
Raba Kistner, Inc.
San Antonio,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/22/2022
being filed.
City of Round Rock Date Acknowledged:
12/29/2022
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Kenney Fort 4C
Construction Materials Testing
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0