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CM-2023-032 - 2/24/2023SUPPLEMENTAL AGREEMENT NO.2 TO "CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR CONSTRUCTION MATERIALS TESTING SERVICES WITH RABA KISTNER CONSULTANTS, INC." CITY OF ROUND ROCK § STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS SUPPLEMENTAL AGREEMENT NO. 2 to "City of Round Rock Agreement for Professional Consulting Services for Construction Materials Testing Services with Raba Kistner Consultants, Inc.," hereinafter called "Supplemental Agreement No. 2," is made by and between the CITY OF ROUND ROCK, Texas, a home -rule municipality located at 221 East Main Street, Round Rock, Texas, 78664, hereinafter called the "City" and RABA KISTNER CONSULTANTS, INC., located at 8100 Cameron Road, Suite B-150, Austin, Texas 78754, hereinafter called the "Consultant." WHEREAS, the City and Consultant previously executed the referenced "City of Round Rock Agreement for Professional Consulting Services for Construction Materials Testing Services," hereinafter called the "Agreement" for the University Boulevard Reconstruction Project ("Project") in the amount of $94,157.70; and WHEREAS, the City previously executed Supplemental No. 1 to the Agreement on November 18, 2022, amending the Scope of Services to add additional services and increasing the Contract Amount by $30,748.27 to a total not -to -exceed amount of $124,905.97; and WHEREAS, it is necessary to further amend the Scope of Services and increase the Contract Amount provided in the Agreement for the Project by an additional $15,023.33 to a total not -to -exceed amount of $139,929.30; NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 2, the City and Consultant agree that said Agreement is amended and supplemented as follows: 60,7-0-2- S - C 5Z 4879-9016-8143.'ss2 I. Section 3.01 of the Agreement is hereby amended to read as follows: 3.01 SCOPE OF SERVICES Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being attached hereto as Exhibit "B" and the Addendum to Exhibit "B," entitled "Scope of Services," which documents are incorporated herein for all purposes. Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "B" and the Addendum to Exhibit "B," in accordance with the schedule set forth by Consultant and agreed upon 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. H. Section 5.01 of the Agreement is hereby amended to read as follows: 5.01 CONTRACT AMOUNT In consideration for professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Exhibit "C" entitled "Fee Schedule," and the Addendum to Exhibit "C " incorporated herein by reference for all purposes, for the deliverables as delineated in Exhibit "B" and the Addendum to Exhibit "B," as follows: A. Not -to -Exceed Total Payment for Services: Consultant's total compensation for consulting services related to the Project shall not exceed One Hundred Thirty -Nine Thousand Nine Hundred Twenty -Nine and 30/100 Dollars ($139.929.30). This Supplemental Agreement No. 2 shall amend the original Agreement only as set forth herein with no other changes in terms or conditions of the original Agreement. [Signature on the following page.] IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement No. 2 to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: l 44-r Printed Name: Title: Date Signed: v"o�12 _ ATTEST: t By: Meagan S s, City 'lerk FOR CITY, PPROVED AS TO FORM: By , Stephanie .. Sandre, City Attorney RABA KISTNER CONSULTANTS, INC. B h. jfi Y• Printed Namervonne Garcia Thomas P.Title: Vice P Date Signed: 02/03/2023 EXHIBIT A City Services The City will provide the following items/information for the ENGINEER under this agreement: 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. The City or its representatives should schedule requested services by contacting Engineer's Dispatch at least 24 hours prior to the required service request 3. 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. 4. Provide Consultant copies of geotechnical reports, drawings, and exhibits for review and use in performing our services. 5. The City shall provide Consultant right of entry to perform our field services. 6. The City shall provide Consulting with existing utility maps to assist in locating all underground utilities in the vicinity of geotechnical drilling. 7. Pertinent data related to specific work orders. S. Timeline for submissions. 9. Meet with ENGINEER on an as -needed basis depending on the work order. 10. Review submittals and provide comments. EXHIBIT B Engineering Services Provide construction materials testing services for the University Blvd Reconstruction project that will include construction materials field testing, laboratory testing, engineering reports for the purpose of acceptance and verification that the construction is being performed in general accordance to the project plans and specifications. This list of potential services is not meant to be exhaustive but is representative of the nature of the tasks expected to be completed under the authorized contract at this time. PAD20-136-02 January 24, 2023 EXHIBIT C CHANGE ORDER NO.2 AS AN ADDITION TO THE FOLLOWING AGREEMENT: Project Name: University Boulevard Reconstruction RKCI Proposal No. PAD20-136-00 Rev 2, dated August 20, 2020 RKCI Project No. AAD20-127-00 City of Round Rock Engineering Services Contract R-2019-0165 , R A B A KISTNER WE HEREBY AUTHORIZE RKCI TO PERFORM THE FOLLOWING ADDITIONAL SERVICE(S): • Soils laboratory testing, in -place field nuclear density testing, • Asphalt aggregate sampling and observation ORIGINAL AUTHORIZED FEE: $ 124,905.97 ADDITIONAL SCOPE OF WORK: $ 15,023.33 TOTAL AUTHORIZED FEE: $ 139,929.30 8100 Cameron Road, Suite 8-150 Austin, TX 78754 P 512.339.1745 F 512.339.6174 TSPE Firm F 3257 w W W. RKCI.COM Our invoices are due and payable upon receipt at P.Q. Box 971037, Dallas, Texas 75397-1037. All parties hereby agree that this contract upon acceptance will be performable in Bexar County, Texas. Our services will be performed in accordance with this letter agreement and the previously executed agreement referenced above. Please sign, date, and return one signed copy of this form to provide written confirmation of your authorization for our firm to commence work on the specific services outlined herein. SIGNATURE: X DATE: PRINTED NAME: Bill Stablein COMPANY NAME: City of Round Rock Department of Transportation COMPANY ADDRESS: 3400 Sunrise Road CITY, STATE, ZIP: Round Rock, TX 78665 PHONE NUMBER: 512-218-3237 FAX NUMBER: E-MAIL: bstablein@roundrocktexas.ggy RABA KISTNER CONSULTANTS, INC. Ali Hekmatfar, Ph.D., E. CoMET Project Manager AH/am Attachments: Cost Estimate Breakdown CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE PAD20-136-02 January 24, 2023 EXHIBIT C COST ESTIMATE BREAKDOWN Project Name: Change Order No. 2 - City of Round Rock - University Boulevard Reconstruction Project Location: IH-35 to Sunrise, Round Rock TX, 78665 Contact Name: Bill Stablein Client: City of Round Rock Department of Transportation Address: 3400 Sunrise Road City/State /Zip Round Rock, TX 78665 Phone Number: 512-218-3237 E-Mail: bstableinProundrocktexas.gov TESTING/OBSERVATION ITEM UNITCOST UNIT ESTIMATED COST QUANTITY EXTENSION SOILS Laboratory Testing Moisture Density Relationship, TxDOT or ASTM $280.00 each 0 $0.00 Atterber Limits $92.00 each 0 $0.00 Sieve Anai sis $93.00 each 0 $0.00 Field Testin Observation In -Place Nuclear Densities $28.00 each 20 $560.00 Materials Technician $56.00 hour 15 $840.00 vehicle Travel Charge $20.01 trip 5 $100.05 Subtotal $1,500.05 ASPHALT Laboratory Testing Bag Sample Extraction Gradation, A/C content, $515.00 each 16 $8,240.00 Molding Specimens, Laboratory Density of Molded Specimens, Stability Test, Hveem, Maximum Theoretical Specific Gravity) Density of Asphalt Cores $57.20 each 16 $915.20 Field Testing/observation One Man Coring $68.00 hour 40 $2,720,00 Coring Rig based on a 4 hour day) $51.00 i 2 day 8 $408.00 Generator based on a 4 hour day) S53.00 1 2 day 8 $424.00 Vehicle Travel Charge $20,01 trip B $160.09 Subtotal $12 867.28 PROJECT ADMINISTRATION Lead Technician (Project Coordinator $68.00 hour 2 $136.00 Project Manager $195.D0 hour 2 $390.00 Clerical $65.00 hour 2 $130.00 Subtotal $6S6.00 GRAND TOTAL $15,023.33 R A B A K I S T N E R EXHIBIT D ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MMrD02YYYI� 1 zr3azozz 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). PRODUCER Aon Risk Services southwest, Inc. Houston TX Office CONTACT NAME: PHONE (AIC.No.Exl): (866) 283-7122 (800) 363-0105 EMAIL ADDRESS: 5555 San Felipe Suite 1500 INSURER(S) AFFORDING COVERAGE NAIC N Houston TX 77056 USA INSURED INSURERA: Ironshore specialty Insurance Company 25445 Raba Kistner, Inc. 12821 west Golden Lane INSURERB: Allied world surplus Lines Insurance Co 24319 INSURERC: San Antonio TX 78249 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570097138697 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 INSH LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER POLICY FFI' MWOOIYY MMIOOIYYY LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑OCCUR PREMISES Ea occurrence MED EXP (Any one person) PERSONAL II ADV INJURY GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE POLICY PRO, LOC F]JECT El PRODUCTS - COMPIOP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT n ANY AUTO BODILY INJURY ( Per person) BODILY INJURY (Per accidenl) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY PROPERTYDAMAGE Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE OEp RETENTION WORKERS COMPENSATION AND PER STATUTE I OTH• EMPLOYERS' LIABILITY Y I N E.L EACHACCIDENT ANY PROPRIETOR I PARTNER/EXECUTIVE OFFICER(MEMBER EXCLUDED? NIA E.L DISEASE -EA EMPLOYEE (Mandatory in NN) H yes, describe under DESCRIPTION OF OPERATIONS below I E.L DISEAS&POLICY LIMIT B E&O-PL-Primary 03121277 12/31/2022 12/31/2023 Aggregate Limit S1,000,000 claims Made Each claim J S11000,000 SIR applies per policy terns & condi ions I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule. may be attached It more space Is required) Project: Engineering Consulting Services for On -Call Geotechnical & construction Materials Testing CERTIFICATE HOLDER CANCELLATION am SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Round Rock - Transportation Dept AUTHORIZED REPRESENTATIVE 2008 Enterprise Drive Round Rock Tx 78664 USA 01966-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 0 11ROUMD City of Round Rock ROCK xaS Agenda item Summary Agenda Number: Title: Consider executing Supplemental Agreement No. 2 to "City of Round Rock Agreement for Professional Consulting Services for Construction Materials Testing Services with Raba Kistner Consultants, Inc." for the University Boulevard Reconstruction Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/24/2023 Dept Director: Gary Hudder, Transportation Director Cost: $15,023.33 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF, MAP, Supp#2_partexec Department: Transportation Text of Legislative File CM-2023-032 University Boulevard widening project was bid on June 18, 2020. Four bidders submitted bids and the successful bidder was DeNucci Contractors L.L.C. This contract is for the Material Testing associated with the installation of all the infrastructure that will be constructed. This contract is with Raba Kistner Consulting Co. to perform the required materials testing for this project. This contract is in the amount of $94,157.70. Supplemental #1 for additional services in the amount of $ 30,748.27 and that will increase the contract value to $124,905.97. Supplemental #2 for additional services due to the length of the project in the amount of $15,023.33. This will increase the contract value to $139,929.30, which is roughly 1.0% of the construction amount. Cost: $15,023.33 Source of Funds: RR Transportation and Economic Development Corporation (Type B) City of Round Rock Page 1pf0+ �o ' r `os �4 ' p 44 k e•� { a ' t r � 1 ti S06 + L� J ull m