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CM-2025-186 - 7/25/2025 AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND BEYOND ENGINEERING AND TESTING,LLC FOR CONSTRUCTION MATERIALS TESTING SERVICES THE STATE OF TEXAS § § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS /•_; i G EMENT (tom- " reement") for construction materials testing services, is made on thi day of 4 , 2025, by and between the CITY OF ROUND ROCK, a Texas home-rule municipal Arporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and BEYOND ENGINEERING AND TESTING, LLC located at 3801 Doris Lane, Suite B, Round Rock,TX 78664("Consultant"). RECITALS: WHEREAS, City has determined that it has a need for construction materials testing services ("Consulting Services") for the South Mays Street Wall Stabilization Project; and WHEREAS,City desires to contract with Consultant for the Consulting Services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder. NOW, THEREFORE, 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 A. This Agreement shall be effective on the date set forth in the introductory paragraph above, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated as provided herein. B. The term of this Agreement shall commence upon execution and terminate upon successful completion of the project, estimated to be April 2026. C. City and the Consultant reserve the right to review the Agreement at any time and may elect to terminate the Agreement with or without cause. &/01-0SLIS(62 0127.20251;4924-5280-2646 2.0 CITY SERVICES City shall provide the services set forth in Exhibit "A" titled, "City Services," which shall be incorporated herein by reference for all purposes. 3.0 CONSULTING SERVICES Consultant shall satisfactorily provide all Consulting Services described herein and as set forth in Exhibit "B." Consultant's undertaking shall be limited to performing Consulting Services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform the Consulting Services in accordance with this Agreement in a professional and workmanlike manner. 4.0 LIMITATION TO CONSULTING SERVICES Consultant's undertaking shall be limited to performing the Consulting Services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant and City agree that the Consulting Services to be performed are enumerated in Exhibit "B," and may only be modified by a written Supplemental Agreement executed by both parties as described in Section 10.0. 5.0 CONTRACT AMOUNT A. In consideration for providing the Consulting Services, Consultant shall be paid on the basis of the Fee Schedule attached hereto as Exhibit "C," and incorporated herein by reference for all purposes. B. Consultant's total compensation for Consulting Services hereunder shall not exceed $21,662.30. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly within the not-to-exceed sum recited herein, Consultant's fees for work done on behalf of City. 6.0 INVOICE REQUIREMENTS AND TERMS OF PAYMENT A. Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for Consulting Services rendered. Such invoices for Consulting Services 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 Fee Schedule. B. Backup Material. Should additional backup material be requested by the City relative to Consulting Services, Consultant shall promptly comply. 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 C. 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 8 herein. D. Taxes. The City is exempt from Federal Excise and State Sales Tax. Therefore, such taxes shall not be included in Consultant's invoices. 7.0 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at: https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf. 8.0 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 performance of the Consulting Services under this Agreement are completed, or the date the City receives a correct invoice for the Consulting 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: (1) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the service performed that cause the payment to be late; or (2) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the service performed that causes the payment to be late; or (3) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (4) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 9.0 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 Consulting Services as determined by the City's budget for the fiscal year in question. The City 3 may affect such termination by giving Consultant a written notice of termination at the end of its then-current fiscal year. 10.0 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 Consulting 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. 11.0 TERMINATION AND DEFAULT A. Termination: It is agreed and understood by Consultant that the City may terminate this Agreement for the convenience of the City, upon written notice to Consultant (the "Date of Termination,") 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 Date 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 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. B. 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). 4 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 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. 12.0 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 13.0 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: (I) 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 Consulting 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 Consulting Services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. 5 (5) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform Consulting Services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the Consulting 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. 14.0 CONFIDENTIALITY AND MATERIALS OWNERSHIP Any and all programs,data, or other materials furnished by the City for use by Consultant in connection with the Consulting 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. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. 6 Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement)the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of Consulting Services under this Agreement (other than Deliverables). Consultant shall have the right to retain copies of the Deliverables and other items for its archives. Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to the Consultant. "Working papers" shall mean those documents prepared by Consultant during the course of performing the Project including, without limitation, schedules, analyses, transcriptions, memos, designed and developed data visualization dashboards and working notes that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole and exclusive ownership of its know-how, concepts, techniques, methodologies, ideas, templates, dashboards, code and tools discovered, created or developed by Consultant during the performance of the Project that are of general application and that are not based on City's Confidential Information hereunder(collectively, "Consultant's Building Blocks"). To the extent any Deliverables incorporate Consultant's Building Blocks, Consultant gives City a non- exclusive, non-transferable, royalty-free right to use such Building Blocks solely in connection with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant may use the deliverables and the Building Blocks for any purpose. Except to the extent required by law or court order, City will not otherwise use, or sublicense or grant any other party any rights to use, copy or otherwise exploit or create derivative works from Consultant's Building Blocks. 7 City shall have a non-exclusive, non-transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 15.0 WARRANTIES Consultant represents that all Consulting Services performed hereunder shall be performed consistent with generally prevailing professional or industrial standards and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work not in compliance with this representation. 16.0 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 Consulting Services to the City's reasonable satisfaction at no additional charge, or (b) if such deficient Consulting Services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. 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. Neither party's liability, in contract, tort (including negligence) or any other legal or equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this Agreement or (b) include any indirect, incidental, special, punitive or consequential damages, even if such party has been advised of the possibility of such damages. Such excluded damages include, without limitation, loss of data, loss of profits and loss of savings of revenue. 17.0 INDEMNIFICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, or employees. 8 18.0 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. 19.0 LOCAL, STATE,AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing Consulting 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. 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. 20.0 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 required in the performance of the Consulting Services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. B. 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)will not boycott Israel during the term of a contract. The signatory executing this Agreement on behalf of Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term of this Agreement. C. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1)does not have a practice, policy, guidance, or directive that 9 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 Consultant verifies Consultant 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. D. In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision 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 Consultant verifies Consultant does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. 21.0 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. 22.0 DESIGNATION OF REPRESENTATIVES (A) The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Greg Ciaccio Senior Project Manager 221 E. Main St. Round Rock,Texas 78664 (737) 343-2431 (B) The Consultant hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Syed Aleem Uddin Project Manager 3801 Doris Lane, Suite B Round Rock,TX 78664 (682)414-1901 10 23.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (A) When delivered personally to recipient's address or email address as below; or (B) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated below. (C) Notice to Consultant: Frank Yuan, PE Principal,Executive Vice President 2009 McKenzie Drive, Suite 130 Carrollton,TX 75006 (512) 586-8698 (D) Notice to City: City Manager,City of Round Rock 221 East Main Street Round Rock,TX 78664 AND TO: Stephanie L. Sandre, City Attorney 309 East Main Street Round Rock, TX 78664 (E) Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 24.0 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. 25.0 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 11 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. 26.0 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. 27.0 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 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. 28.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the Consulting Services, responsibilities and duties specified herein and that such Consulting 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. 29.0 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. 12 30.0 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. 31.0 MISCELLANEOUS PROVISIONS (A) Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the Consulting Services for each Phase of this Agreement within the agreed Project schedule may constitute a material breach of the 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. (B) 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 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. (C) 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. (D) 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. (E) 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. 13 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of Round Rock,Texas Beyond Engineering and Testing,LLC -t F year.,. By. Brooks Bennett(Jul 25,2025 13:37:40 CDT) By: Brooks Bennett, City Manager Printed Name: Frank Yuan Title: Principal,Executive Vice President Date Signed: 07/25/2025 Date Signed: 07/21/2025 For City,Attest: By Ann Franklin(Jul 28,202508:51:06 CDT) Ann Franklin, City Clerk For City,Approved as to Form: By. Stephanie L. Sandre, City Attorney 14 Exhibit"A" City Services The City will provide the following items/information for the Consultant 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 representative 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 Consultant'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 services, 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 services. 4. Provide Consultant copies of geotechnical reports, drawings, and exhibits for review and use in performing the 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. 8. Timeline for submissions. 9. Meet with Consultant on an as-needed basis depending on the work order. 10. Review submittals and provide comments. Exhibit"B" Consulting Services Attached Behind This Page /44 E YO N 28 www.BeyondET.com01 Doris Lane,Suite B Engineering & Testing Round Rock,TX 78664 512.649.5688 June 24, 2025 Via e-mail: gciaccio@roundrocktexas.gov Mr. Greg Ciaccio Sr Project Manager City of Round Rock Re: Proposal for Construction Materials Testing and Observation Services City of Round Rock South Mays Street MSE Wall Stabilization BET Proposal No. C-250015 Mr. Ciaccio, Beyond Engineering & Testing, LLC (BET) is pleased to provide this proposal to City of Round Rock for Construction Materials Testing (CMT) Services for the proposed South Mays Street Wall Stabilization planned in Round Rock, Texas. This project consists of the construction of ground anchors to stabilize MSE walls and replacement of roadway approach and sidewalks. The purpose of this proposal is to provide City of Round Rock with BET's general work scope options and fee schedule. + �i7ilai+33�-*.i�CN�f�r°1tsi= iii►€ �i�i �1 [=$dt "ti1� i'iig+: o1iK=t BET will provide a technician(s) on a call-out basis, with visits based upon Client/contractor requests for service. We will work closely with you and your representative to notify you as the fees approach the estimated budget. Please note that CMT costs are completely dependent on the contractor's schedule and the number of calls for service requested. In addition, the work scope described below is not definite. The work scope is dictated by Client/contractor on a continual basis, depending on your calls for service. BET does offer additional services that can be described upon request. BET personnel will not direct, layout, or supervise the construction operations for the project, nor will we alter or change the project plans, specifications, or reports. We respectfully request a pre- construction meeting with all parties involved. Compaction Testing for Earthwork BET will provide a technician(s) to implement appropriate field monitoring and testing programs for quality assurance. This may include the following, as needed and requested: • Review project specifications for percent compaction and soil moisture content requirements; testing frequency; and subgrade, fill and base materials; • Obtain sample(s) of proposed fill materials and perform laboratory evaluation; • Perform laboratory analyses to determine moisture—density relationship; • Observe and document subgrade conditions prior to fill/backfill placement; • Perform appropriate field testing to determine in-place moisture/density conditions; • Document field test locations; www.BeyondET.com engineering beyond limits Proposal for CMT Services 6/24/2025 South Mays Street MSE Wall Stabilization-Round Rock,Tx Page 2 of 4 • Report failing test results to Client's project manager and the contractor's superintendent; • Re-test areas of failing moisture/density test results to document compliance with project specifications; • Provide a report for each site visit with pertinent test data and observations. Concrete Testing BET will provide a technician(s)to implement an appropriate field and laboratory-testing program to confirm the concrete is in conformance with project specifications. This work scope may include: • Review project specifications and requirements regarding design strength/identification; testing frequency; and placement requirements; • Perform appropriate field-testing procedures to document slump, air and concrete temperatures, and air content as specified; • Observe and document placement procedures; • Document field placement locations; • Produce and transport specified concrete test cylinders for laboratory testing; • BET will utilize 4 x 8 sized cylinders, unless concrete aggregate is greater than 1-%-inch nominal; • Retrieve cylinders after at least a one-day field cure; • Perform laboratory curing and compressive strength testing of test cylinders; • Report results of field and laboratory test data and placement locations • Notify Client's project manager and/or the contractor's superintendent regarding failing field and laboratory tests. HMAC Testing BET will provide a technician(s)to implement an appropriate field monitoring and testing program to check the Hot-Mixed Asphalt Concrete (HMAC) is properly placed and compacted. This may include the following as needed and requested: • Review project specifications and requirements regarding percent compaction requirements, testing frequency, laboratory requirements, and document placement requirements; • Obtain sample(s) of HMAC for laboratory evaluation; • Perform laboratory analyses to determine moisture density relationship; • Observe and document conditions prior to HMAC placement; • Perform appropriate field testing to determine in-place density. Note that nuclear densities of HMAC are less accurate and are not interchangeable with core densities; • Document field test locations; • Work with contractor to set rolling patterns; • Notify Client's project manager and the contractor's superintendent regarding failing test results. Report Preparation and Project Management BET's Project Manager(PM) will provide general oversight throughout the duration of the project, field technician coordination, report reviews and act as our client liaison. The Project Manager will also be available to assist with basic consultation and resolution of problems, should they occur. BET will also provide the administrative services to include project set-up, scheduling services, word processing and report preparation, report reproductions, faxing and mailing of reports, general file maintenance, invoicing and collections. The PM and Administrative services are not www.BeyondET.com engineering beyond limits Proposal for CMT Services 6/24/2025 South Mays Street MSE Wall Stabilization-Round Rock,Tx Page 3 of 4 billed hourly; rather, BET accounts for these services as a percent-markup to the invoice total for field and lab services. Engineering consultation and special administrative tasks are billed hourly. Exclusions The following services are specifically excluded in the scope of services at this time: • Engineering review of Geotechnical Report, design drawings, and specifications; • All required permitting activities, other than SWPPP; • Implementation of the SWPPP to be conducted by the on-site general contractor and is not included in our scope; • Record or as-built drawings; • All environmental services and all costs associated if hazardous materials are encountered. Assumptions • Required by Others - Final site layout. - Project drawings and specifications. • Meetings: All meetings are assumed to be via conference call or at the project site; therefore, no travel is anticipated for attending project meetings. • Client will provide any other completed studies, reports, plans, plats, existing site topographic information or data that may be of assistance or necessary for BET to perform under this Agreement. BET has the right to rely on information contained in documents provided by Client. • Client will be responsible for all application and permit fees required by any agencies involved. BET documents will be prepared with agency requirements in mind. • BET will perform its services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services will be performed. No warranty or guarantee, express or implied, is provided as part of the services offered by this proposal. • Engineering services, meetings and consultation, as well as special administrative task outside of the scope specifically addressed in the proposal above, are considered a separate item to be charged at the appropriate professional staff rate. • Safety in the Work Place: BET takes safety in the workplace very seriously. We will follow Contractor's safety protocols as well as our own stringent safety program. • BET will provide deliverables in electronic PDF format, unless hard copies are specifically requested. We will not provide editable native electronic file formats such as CAD, Word, Excel. • Limitations to Construction Materials Testing Services: Construction testing and observation are techniques employed to reduce the risk of problems arising during construction. Provision of these services by BET is not insurance, nor does it constitute a warranty or guarantee of any type. Even with diligent construction testing and observation, some latent construction defects may be missed. In all cases, contractors shall retain responsibility for the quality of their work, for adhering to plans and specifications, and for repairing defects regardless of when they are found. • BET offers a range of testing and observation services to suit the varying needs of our clients. Although risk can never be eliminated, more detailed and extensive testing and observations yield more information, which may help understand and manage the degree of risk. Because such detailed services involve greater expense, our clients participate in www.BeyondET.com engineering beyond limits Proposal for CMT Services 6/24/2025 South Mays Street MSE Wall Stabilization-Round Rock,Tx Page 4 of 4 determining the level of service that will provide adequate information for their purposes at an acceptable level of risk. Proposed Fees Time and Materials Estimated Fee $ 21,662.30 Estimate to be determined. Refer to BET's 2025 Schedule of Services and Fees for unit rates. CMT services will be invoiced on a Time and Materials basis. BET will perform the CMT field tasks listed above on an hourly and unit rate basis while on site. The actual costs will depend on the amount of work requested and the contractor's schedule. Overtime rates apply for weekends and any technician time before 7:00 am and after 5:00 pm, portal to portal. A complete Schedule of Services and Fees is enclosed. Thank you for the opportunity to provide this proposal to you, we look forward to providing our services to assist City of Round Rock during the development of this project. We trust this proposal covers all necessary work items. Respectfully, Beyond Engineering &Testing, LLC Syed Aleem Uddin Project Manager Enclosed: BET Budgetary Estimate BET Central Texas 2025 Rate Schedule www.BeyondET.com engineering beyond limits Exhibit"C" Fee Schedule Attached Behind This Page Date: June 24,2025 444 E YO N 0 Revised: Engineering&Testing www.BeyondET.corn Prepared By Syed Uddin _ Beyond Office: Round Rock,Tx Scope of Work: Construction Materials Testing Estimate Beyond Proposal No. C-250015 Construction Materials Testing and Observations:Earthwork,Concrete and Hot-Mix Asphalt Testing Project Name: City of Round Rods s Mays St MSE Stabilization Project Location: Round Rock,Texas Client: City of Round Rock Project Info. Stabilization of MSE wall and replacement of roadway approach and sidewalk Activity Invoice Name Est.Units Unit Fee Estimate Cost Earthwork(Soils) Field Technician,per hr. Soil Services 12 $70.00 $ 840.00 Moisture-Density Relationship(Tex-113/114-E) Moist Density 4 5255.00 $ 1,020.00 Sieve Analysis(Tex-110-E) Sieve Analysis 4 $95.00 $ 380.00 Atterberg Limits(Tex-104-6-E) Atterberg Limits 4 $96.00 $ 384.00 Sample Pick Up(soils)(Tex-100-E) Sample P/U 4 $140.00 $ 560.00 Round Trip Round Trip Charge 2 $70.00 $ 140.00 Nuclear Density Gauge,per day Equipment-Density Gauge 2 $65.00 $ 130.00 Subtotal $ 3,454.00 Earthwork(FlexBase) Field Technician,per M. Soil Services 12 $70.00 $ 840.00 Sieve Analysis(Tex-110-E) Sieve Analysis 2 $95 00 $ 190.00 Atterberg Limits(Tex-104-6-E) Atterberg Limits 2 $96.00 $ 192.00 Bar Linear Shrinkage(Tex-107-E) Bar Linear Shrinkage 2 $78.00 $ 156.00 Moisture-Density Relationship(Tex-113/114-E) Moist Density 2 $255.00 $ 510.00 WetBall Mill Testn(Tex-116-E) WetBall Mill 1 $255.00 $ 255.00 Triaxial Test(Tex-117-E) Triaxial Test 1 $1,910.00 $ 1,910.00 Sample Pick Up(FlexBase)(Tex-400-A) Sample P/U 2 $140.00 $ 280.00 Round Trip Round Trip Charge 2 $70.00 $ 140.00 Nuclear Density Gauge,per day Equipment-Density Gauge 2 $65.00 $ 130.00 Subtotal S 4,603.00 Concrete Testing Field Technician,per hr. Concrete Services 36 $70.00 $ 2,520.00 Concrete Test Cylinders,ea.(Tex-418-A) Concrete Comp.Test 30 $23.00 $ 690.00 Grout Cubes Grout Cubes Compr.Test 7 $28.00 $ 196.00 Cylinder Pick Up(concrete) Cylinder P/U 9 $140.00 $ 1,260.00 Round Trip Round Trip Charge 9 $70.00 $ 630.00 Subtotal $ 5,296.00 HMAC Testing HMAC 1 B Technician,per hr(Placement Testing) HMAC 1 B 24 $78.00 $ 1,872.00 Asphalt Content-Extraction Method(Tex-210-F) Asphalt Content 4 $245.00 $ 980.00 Aggregate Sieve Analysis(Tex-200-F) Sieve Analysis 4 $127.00 $ 508.00 Compacting specimen using SGC(Tex-241-F) Compacting 4 $250.00 $ 1,000.00 Bulk Density(Tex-207-F) Bulk Density 4 $190.00 $ 760.00 Rice Specific Gravity(Tex-227-F) Rice Gravity 4 $95.00 $ 380.00 Sample Pick Up,ea.(Tex-222-F) Sample P/U 4 $140.00 $ 560.00 Round Trip Round Trip Charge 4 $70.00 $ 280.00 Nuclear Density Gauge,per day Equipment-Density Gauge 4 $65.00 $ 260.00 Subtotal $ 6,340.00 Project Management and Report Preparation Project Manager and Administration PM/Admininstration 10% $ 1,969.30 Total Estimated Cost $ 21,662.30 Comments/Notes: This is an estimate only.Site visits are charged with a 4-hr minimum onsite time.For additional information pertaining to the charges,refer to Beyond's 2025 Schedule of Services and Fees. www.BeyondET.com engineering beyond limits www.BeyondET.com /l� EYOND r 2025 Schedule of Services and Fees — Central Texas Geotechnical and Construction Materials Testing and Inspection Geotechnical and CMT Professional Staff Rates Principal Engineer (PE) $ 200 Hour Senior Professional Engineer (PE) $ 170 Hour Professional Engineer (PE) $ 150 Hour Staff Engineer/EIT or Geologist $ 110 Hour Structural Inspector, AWS/CWI (minimum 4-hr charge per trip) $ 100 Hour Field Geotechnical Technician or Logger $ 78 Hour Administrative Staff $ 60 Hour CMT Technician $ 70 Hour Hourly rates are charged portal to portal from Round Rock or Carrollton office. Minimum charges are 4-hour per trip for all Construction Materials Testing services, except for cylinder/sample retrieval. Senior CMT Technician $ 78 Hour Applies to Floor flatness/levelness, pier inspection, HMAC testing, rebar inspection, post-tensioned cables and batch plant inspections. Hourly rates are charged portal to portal from Round Rock or Carrollton office. Minimum charges are 4-hour per trip. Travel (field personnel/technician) Round Trip Charge for Project within 50 miles of Beyond Round Rock $ 70.00 Each or Carrollton Office (excluding tech travel time) Trip Charge for Project over 50 miles from Beyond Office (excluding $ 0.70 Mile tech travel time) Per Diem /Lodging (when overnight stay is required) $ 150 Day Miscellaneous Items (in addition to hourly rate) Nuclear Density Gauge $ 65 Day Static Cone Penetrometer or Dynamic Cone Penetrometer $ 100 Day Ferroscan Equipment for Locating Rebar $ 250 Day Concrete/HMAC Core Machine with Generator $ 300 Day Core Bit Wear, per inch of thickness cored (4 to 6-inch dia. core) $ 6.00 Inch Floor Flatness/Floor Level Equipment $ 250 Day Moisture Transmission Test for Floor Slab $ 40 Each Laboratory Testing Standard Fee Schedu Attached Laboratory Testing Rush Charge Quotation www.BeyondET.com engineering beyond limits 2025 Schedule of Services and Fees-Central Texas Geotechnical and Construction Materials Testing and Inspection Page 2 of 2 BASIS OF CHARGES 1. If Client requires service before a contract is executed, Client agrees to limit the Consultant's liability per Item 15 of Beyond's Professional Services Agreement(PSA). 2. Invoices will be issued on a monthly basis or upon completion of a project, whichever is sooner. Beyond requires payment within 30 days(unless negotiated otherwise). If not paid within terms per the Contract, the unpaid balance shall be subject to a finance charge of 1.5% per month, which is an ANNUAL PERCENTAGE RATE OF 18%. 3. A four-hour minimum applies for all field services. Projects local to Beyond Round Rock or Carrollton office (within 50 miles radius) are billed a lump sum trip charge, plus tech time portal to portal from Beyond office. Projects located more than 50 miles from Beyond office are billed at the IRS mileage rate plus tech time during travel, plus on-site tech time. 4. Project management/administrative (PM/Admin) services include project management, report preparation, report review, and report distribution. These PM/Admin items are not billed hourly. To account for this PM/Admin effort, Beyond charges 15% of the total field and laboratory costs. For example, when field and lab services are $100, PM/Admin costs are an additional $15, for a total invoice of$115. If the above PM/Admin service is not required, the 15% PM/Admin fee will not be charged by Beyond. 5. Overtime for hourly services is the base rate plus 35%. Overtime applies to weekday work before 7AM and after 5PM, weekends, as well as work greater than 40 hours per week per project. Work performed during a national holiday is billed at a rate of 2.0 times the standard rate. 6. Per diem for overnight stays will be charged at a rate of$150.00 per day per person, or at actual expenses whichever is greater. 7. Outside services and expenses include a 15% markup, unless otherwise noted. www.BeyondET.corn engineering beyond limits 3801 Doris Ln,Suite B,Round Rock,Texas 78664 /al)E YO N o AASHTO/CCRL/TxDOT Accredited Phone:512-358-6048 Engineering &Testing Certified DBE/MBE/HUB www.BeyondET.com Geotechnical and Construction Materials Laboratory Testing 2025 Schedule of Fees and Services-Central Texas A. Volume Change Tests E. Analytical Chemistry Testing 1. 1-D Consolidation(ASTM D2435),2.5"D 1. Sulfates Content in Soil&Aggregate a. Maximum loading 58 ksf(<=14 loadings) $650 a. ion chromatography,EPA 300.0 or ASTM D4327 $66 b. Additional loading step(over 14 loadings),each $45 b Colorimetric method(TxDOT Tex-145-E) $99 c. Up to 128 ksf Loading Steps Quote 2. Chloride Content in Soil&Aggregate 2. 1-D Consol.w/CRS loading(ASTM D4186),2.5"D Quote a ion chromatography,EPA 300.0 or ASTM D4327 $66 3. 1-D Swell or Collapse of Soils(ASTM D4546) b. Chloride ion,wet method(Tex-620-J) $99 a. Method A,Multiple(4)Specimens $660 3. pH of Soil(ASTM D4972,G51,Tex-128-E) $39 b. Method B,Single Specimen $216 c. Method C,w/swell pressure&swell strain $320 F. Rock Strength Tests 4. Expansion Index(ASTM D4829) $330 1. Compressive Strength of Rock Core*(ASTM D7012) a. Method A,triaxial test(Peak Load Only) $397 B. Strength Tests:Direct Shear(Intact/Remold,ASTM D3080) b. Method B,triaxial test(Young's modulus&Poisson's ratio) Quote a. Consolidated-Drained,3 pts,Sand $495 c. Method C,unconfined,peak load Only,w/o ASTM D4543 $99 b. Consolidated-Drained,3 pts,Silt/Clay(<3 day shear) $685 d. Method D,unconfined,w/stress-strain,w/o ASTM D4543 $213 c. Post Peak Strength Parameters,per Test $30 e. add dimensional&shape tolerances(ASTM D4543) Quote *Pricing is for NX(2.16 in.)or NQ(1.87 in.)rock cores ONLY. C. Soil Strength Tests:Triaxial Compression 2. CERCHAR Abrasivity Index(ASTM D7625) $280 1. Unconfined Compression(ASTM D2166) 3. Splitting Tensile Strength-Brazilian Test(ASTM D3967) $190 a. Intact,2.8"D,per specimen $72 4. Slake Durability of Shales&Weak Rocks(ASTM D4644) $220 b. Remolded,2.8"D,per specimen $99 2. Unconsolidated-Undrained(UU)(ASTM D2850,Tex-111 G. Resilient Modulus Test**(AASHTO T307) a. Intact,2.8"D,per specimen,<120 psi Cell Pressure $127 1. Fine-grained material,per sample(2.8"D) $780 b. Remolded,2.8"D,per specimen,<120 psi $155 2. Coarse-grained material,per sample(up to 4"D) $1,630 3. Consolidated-Undrained(CU R-bar)(ASTM D4767,Tex-13 **Client to provide Proctor,sieve analysis,Atterberg limits, a. Intact,2.8"D,with pore pressure,3 pts $1,850 specific gravity to categorize the material as Type 1 or Type 2 b. Remolded,2.8"D,with pore pressure,3 pts $2,000 and define remolding parameters. c. High Cell/Back Pressure(>120 psi,up to 450 psi) Quote 4. Multi-Stage CU R-bar test(ASTM D4767,modified) H. Thermal Resistivity Testing(ASTM D5334-22a/IEEE442-2017) a. Intact,2.8"D,3 stages,with pore pressure $1,350 1. As-Rcv'd Dry-Out Curve,Intact,per Soil specimen $819 b. High Cell/Back Pressures(>120 psi,up to 450 psi) Quote 2. Dry-Out Curve,Remolded,2.8"D,per Soil specimen $819 5. Consolidated-Drained(CD test)(ASTM D7181) 3. Dry-Out Curve,Flowable Fill,4.0"D,per specimen $989 a. Intact,2.8"D,with volume change,3 pts $2,150 4. Field In-situ Thermal Resistivity Testing Quote b. Remolded,2.8"D,with volume change,3 pts $2,300 c. Per pt.,per day,2.8"D(>3 days of consol&shearing) $130 I. Concrete Tests 6. Special Triaxial Shear(Triaxial Extension,Ko ConsoL) Quote 1. Compressive Strength,ASTM C39,per Cylinder $23 7. Stress History&Normalized Soil Eng.Props(SHANSEP) Quote 2. Compressive Strength of Cored Specimen,ASTM C42 $60 (including Trimming and Sulfur Capping),each D. Permeability Tests 3. Grout Prism Compression Strength,ASTM C1019 $28 1. Granular Soils,3"&4.5"D,constant head(ASTM D2434) $218 4. Mortar Compressive Strength,ASTM C109,per Cube $23 2. Hydraulic Conductivity(ASTM D5084,Method C or F) 5. Air Content of Concrete(pressure method),ASTM C231 $18 a. Intact,2.8"D,flexible-wall w/back pressure $270 6. Unit Weight or Bulk Density of Concrete,ASTM C138 $18 b. Intact,4"D,flexible-wall w/back pressure $295 7. Slump Test,ASTM C143(extras,no cylinders cast) $18 c. Remolded,2.8"D,flexible-wall w/back pressure $280 8. Concrete Cylinder Saw Cut or Cap(uneven cylinders) $28 The above rates are subject to change for specific test requirements,extra test duration,or rapid turn-around. 1 of 2 3801 Doris Ln,Suite B,Round Rock,Texas 78664 /''E YO N 0 AASHTO/CCRL/TxDOT Accredited Phone:512-358-6048 Engineering &Testing Certified DBE/MBE/HUB www.BevondET.com Geotechnical and Construction Materials Laboratory Testing 2025 Schedule of Fees and Services-Central Texas J. Soil-Cement or Lime Mixtures 2. Modified Proctor-4 points 1. Moisture-Density of Soil-Cement Mixture(ASTM D558) $350 a. Method A or B(ASTM D1557) $219 2. Wetting&Drying Compacted Soil-Cement Mix(D559) $495 b. Method C(ASTM D1557) $266 3. Unconfined Compression Soil-Cement,per specimen 3. Oversize Particles Correction(ASTM D4718) $50 a. Method B,w/Curing(7 d)(ASTM D1633/D1632) $181 4. Base Material Compaction(Tex-113-E) $305 b. Curing(additional 7 days) $31 5. Subgrade&Backfill Compaction(Tex-114-E,Part I) $280 4. Soil-Cement/Lime Testing(Tex-120/121-E,Part I) $441 6. Subgrade&Backfill Compaction(Tex-114-E,Part II) $305 5. Soil-Cement/Lime Testing(Tex-120/121-E,Part H) $331 7. California Bearing Ratio(CBR)(ASTM D1883) $440 6. Soil-Lime pH Testing(Tex-121-E Pt III or ASTM D6276) $281 7. Admixing Lime to Reduce Plasticity of Sqil(Tex-112-E) 8. TxDOT Triaxial Compression(Tex-117-E,Part II)including: a. 4 Lime Percentage Points $550 a. Molding,Curing and Testing 6 to 9 Specimens(Tex-117-E) $1,910 b. Sieve Analysis(Tex-110-E,Part I) $95 K. Grain-Size&Aggregate Tests c. Atterberg Limits(Tex-104-E,105-E, 106-E) $96 1. Sieve Analysis d. Bar Linear Shrinkage of Soils(Tex-107-E) $78 a. 3"-3/4"-#200(ASTM D6913/C136) $93 e. Moisture Density Relationship/Compaction(Tex-113-E) $305 b. 3/4"-#200(ASTM D6913) $79 f. Wet Ball Mill(Tex-116-E) $255 c. %Passing#200 sieve-Aggregate(ASTM C117) $58 d. %Passing#200 sieve-Soil(ASTM D1140/Tex-111-E) $48 M. Index Properties Tests e. Hydrometer Test(D7928,mechanical sieving excluded) $13. 1. Water Content(ASTM D2216,Tex-103-E) $12 £ Particle Analysis of Soil(TxDOT,Tex-110-E,Part I) $9- 2. Water Content w/Density(ASTM D2216,2937&7263) $36 g. Particle Analysis of Soil(TxDOT,Tex-110-E,Part II) $16 3. Plastic and Liquid Limits(ASTM D4318) $86 2. Organic Impurities(ASTM D2974 or Tex-408-A) $5 4. Plastic&Liquid Limits(Tex-104-E,105-E,106-E) $96 3. Carbonate Content(ASTM D3042 modified Method J&L) 5. Bar Linear Shrinkage of Soils(Tex-107-E) $78 a. Fine Aggregate(<3/4"Sieve) $315 6. Specific Gravity b. Coarse Aggregate(>3/4"Sieve) $380 a. Soils(ASTM D854 or Tex-108-E) $83 4. Soundness Test(ASTM C88 or Tex-411-A) b. w/Absorption of Coarse aggregates(ASTM C127) $83 a. w/Magnesium Sulfate $380 c. w/Absorption of Fine aggregates(ASTM C128) $83 b. w/Sodium Sulfate Quote 7. Organic Content(ASTM D2974 Method C) $51 5. LA Abrasion Organic Content,UV-VIS Method C(Tex-148-E) $225 a. Small-Size Coarse Aggregate(ASTM C131 or Tex-410-A) $31' 8. Rapid Carbonate Content(ASTM D4373) $143 b. Large-Size Coarse Aggregate(ASTM C535) $35' 9. Soil Resistivity Test(ASTM G57,G187,Tex-129-E) 6. Wet Ball Mill of Flexible Base(Tex-116-E) $25' a. Miller Box for mini.resistivity $129 7. Aggregate Durability Index(AASHTO T 210) b. additional(i.e.oven dry or saturated)test $60 a. Fine Aggregate(Passing No.4 Sieve) $201 10. Crumb Test,2 pts per soil&6 hrs(ASTM D6572) $45 b. Coarse Aggregate(Retaining No.4 Sieve) $21 P 11. Pinhole Dispersion(ASTM D4647) $310 8. Crushed Face Count (Tex-460-A Part 1;ASTM D5821) $7; 12. Double Hydrometer/Dispersion(ASTM D4221) $250 9. Sand Equivalent Test(ASTM D2419 or Tex-203-F) $12: 10. Clay Lumps&Friable Particles(Tex-413-A/ASTM C142) $9' N. Sample Preparation&Extrusion 11. Flat&Elongated Particles,ASTM D4791 or Tex-280-F $13 1. Hand-trimmed specimen(reducing diameter) 12. Unit Weight/Bulk Density(Loose/Rodded),ASTM C29 $4 a. UC/UU/CU Test Specimen,2"or 2.4"dia. $59 b. Permeability Test Specimen,2"or 2.4"dia. $45 L. Water Content/Density(Unit Weight)Relationship 2. Pocket Penetrometer,per sample $7 1. Standard Proctor-4 points 3. Pocket Vane Shear,per sample $10 a. Method A or B(ASTM D698) $199 4. Damaged Shelby tube extrusion $45 b. Method C(ASTM D698) $225 5. Lab Labor Rate(PE/EIT/Tech):$150/$110/$70 per Hour. The above rates are subject to change for specific test requirements,extra test duration,or rapid turn-around. 2 of2