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Contract - Raba Kistner Consultants - 1/12/2023 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. 2 Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 7.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 6.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the"rate in effect"on September 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. 3 8.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 9.0 TERMINATION AND DEFAULT Termination: It is agreed and understood by Consultant that the City may terminate this Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City,the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work 4 terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 10.0 CITY'S RESPONSIBILITIES Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, if any. 11.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 5 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. 6 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 parry'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. 7 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 8 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 bstable ina,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 13-150 Austin, Texas 78754 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 9 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 07.20112.12df 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 10 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 party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made,then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 30.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default 11 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/,Pock,Texas Raba Kistner C nsultants,Inc. �oQ,..�.4CQ,..Qa� By: ABy: Printed Name• Printed Name: Gabriel Ornelas, Jr., P.E. Title: Title: Senior Vice President & COO Date Signed: 2 2 Date Signed: December 15, 2022 For City,Attest: By: Meagan Spink&ny Clerk For City,Approved as to Form: BN,: Stephanie E. Sandre. City Attorney 12 Exhibit"A" Scope of Services [Delivered by E-mail to: bstableinProundrocktexas.eov] ' 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 • INFRASTRUCTURE 2 PAD22-257-00 Rev 2 November 29, 2022 Very truly yours, RABA KISTNER CONSULTANTS, INC. Approved (Signature) By: a � (Printed or Typed Name) David A. Brown Lead CoMET Estimator (Title) Ali Hekmatfar, PT., 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@ round rocktexas.¢ov TESTING/OBSERVATION ITEM UNIT COST UNIT ESTIMATED COST QUANTITY EXTENSION SOILS Laboratory Testing Moisture Density Relationship,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 hour 414 $25,461.00 Vehicle Travel Charge(50mi RT x 0.585) $30.00 trip 1381 $4,140.00 Subtotal 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 CMT Technician $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 12 $2,184.0 Clerical $70.00 hour 36 $2,520.0 Subtotal $4,896.00 GRAND TOTAL $83,107.00 R A B A K I S T N E R Exhibit T" DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 1 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). z PRODUCER CONTACTNAME: Aon Risk Services Southwest, Inc. PHONE Houston TX Office (A/C.No.Ext): (866) 283-7122 FAX No (800) 363-0105 v 5555 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 2S44S 12821 west Golden Lane San Antonio TX 78249 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 MMDO/YYY MMDD'YYY POLICY FFF POLICY FXP LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS MADE OCCUR ❑ PREMISES Ea occurrence MED EXP(Any one person) PERSONAL B ADV INJURY CQ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑PRO ❑LOC PRODUCTS-COMP/OP AGG 0 OTHER: r AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANYAUTO BODILY INJURY(Per person) O Z OWNED SCHEDULED BODILY INJURY(Per accident) ! AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE to ONLY AUTOS ONLY t Per acciden w I L 1= N UMBRELLA LIAR HOCCUR EACH OCCURRENCE V EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER STATUTE I OTH- EMPLOYERS'LIABILITY y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In l 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 12/31/2022 Aggregate Limit $1,000,000- Claims Made Each Claim S1,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 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 �I�GlDf�cJaf2� c%v��xcr.��Jna ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • �` •• • k } •• .1 ` • ... 0.0 lot', k f: L'•• . - o ` 1 Iq t • ' `* WA • • • ♦. ��. 1 t= IWO `� � `� _ .��•. f ��. �, r � l,_�Ake i'r'�'�,f • CERTIFICATE OF INTERESTED PARTIES FORM 1295 toll 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: 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. ❑ 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 cotle) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Bexar County, State of Texas on the 22nc6ay of Dec. 20 22 (nth) (year) Si onzed agent o con ng business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V3.5.1.3ac88bco CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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 identity 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