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R-03-04-10-12D2 - 4/10/2003RESOLUTION NO. R- 03- 04- 10 -12D2 WHEREAS, the City of Round Rock desires to retain engineering services for construction materials testing for the A.W. Grimes Boulevard Project, and WHEREAS, Raba - Kistner - Brytest Consultants, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Raba - Kistner - Brytest Consultants, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Raba - Kistner- Brytest Consultants, Inc. for construction materials testing for the A.W. Grimes Boulevard Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as a RESOLVED this 10th day of April, 2003. T CHRISTINE R. MAR INEZ, City Secret 0:\wdox \RESOivn \R3O41O0z, weu /sc y NYLE LL, Mayor City of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH RABA - KISTNER BRYTEST CONSULTANTS, INC.. FOR A.W. GRIMES BOULEVARD THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 10 day of the month of April, 2003, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and Raba - Kistner- Brvtest Consultants, Inc., whose principal place of business is located at 8200 Cameron Road. Suite C -154. Austin, Texas 78754 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. NOW, THEREFORE, WITNESSETH: RECITALS Contract No. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement conceming the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT "AO ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 10` day of the month of October 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Two Thousand Two Hundred Ninety Eieht Dollars and Thirty -six cents ($2.298.36) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer conceming the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein [Name] Construction Coordinator [Title] 2008 Enterprise Drive [Address] Round Rock, Texas [City, State, Zip] (512) 218 -5562 [Telephone Number] (512) 218 -3242 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Daniel Franklin [Name] Vice - President [Title] 8200 Cameron Road, Suite C -154 [Address] Austin, Texas 78754 [City, State, Zip] (512) 339 -1745 [Telephone Number] (512) 339 -6174 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by Engineer's Contract- revised 10- 2002 /specs master 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be perfonned, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be fumished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, Engineer's Contract- revised 10 -2002 /specs master 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold 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 error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 activities by Engineer, its agents, or employees. Engineer's Contract-revised 10- 2002 /specs master 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional 10 policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever nature. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates Engineer's Contract- revised 10- 2002 /specs roaster 11 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Daniel Franklin Vice - President Raba - Kistner - Brytest Consultants 8200 Cameron Road, Suite C154 (512) 339-1745 Engineer's Contract - revised 10- 2002/specs master ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be govemed by and construed in accordance with the laws and court decisions of the State of Texas. 13 The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the 10 day of the month of April, 2003, and Engineer, Raba - Kistner Brvtest Consultants, Inc.. signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: Signature of Principal Printed Name: Acl.'rA -4 L . F,e o.✓4 h,) .7W ATTEST: By: Corporate Secretary ARTICLE 34 SIGNATORY WARRANTY 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract- revised 10- 2002/specs master 15 Fax and Mail Delivery (512) 218 -5563 PAD01- 046 -02 March 24, 2003 Mr. Bill Stablein City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Dear Mr. Stablein: Raba - Kistner is pleased to submit our proposal to provide the construction materials observation and testing services on the referenced project. Our opinion of probable cost for the construction materials observation/ testing services $2,298.36 Our proposal is based upon our phone conversation on March 24, 2003 with Mr. Hank Hampton. Our scope of work includes the observation and testing of the following construction materials: soils, concrete, asphaltic concrete. This work will be performed under the terms and conditions of our current contract with the City of Round Rock for materials testing on A.W. Grimes Boulevard. Thank you for allowing Raba - Kistner the opportunity to submit our proposal for the construction materials testing services. We look forward to working with 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. Sincerely: Construction Materials Testing Services A. W. Grimes Boulevard Phase 1 Extension Round Rock, Texas Ram istner- Brytest Consultants, Inc. Doug -s C. Denny Supervisor, CMT Services Attachments: Cost Estimate Scope of Work Attachment I Engineers, Geologists, Hygienists'and Envirenmenlal Scientists Daniel L. Franklin Jr., P.E. Vice - President L, Raba Kintner Raba- Kistner- Brytest Consultants, Inc. 8200 Cameron Rd., Suite C -154 Austin, Texas 78754 (512) 339 -1745 • FAX (512) 339 -6174 www.rkci.com Austin • Brownsville • El Paso • Houston • McAllen • Mexico • San Antonio Rahn Kistzer TESTING /OBSERVATION ITEM UNIT PRICE UNIT ESTIMATED QUANTITY COST EXTENSION SOILS L aboratory Testing Moisture/Density Relationship (ASTM/TexDot) $160.00 each 1 $ 160.00 Atterberg Limits Determination $50.00 each 1 $ 50.00 Sieve Analysis $35.00 each 2 $ 70.00 Field Testing /Observation Materials Technician $34.00 hour 8 $ 272.00 I n -Place Density Test (ASTM D 2922) $12.00 each 8 $ 96.00 Vehicle Travel Charge $16.00 trip 4 $ 64.00 Subtotal $ 712.00 CONCRETE Laboratory Testing Compressive Strength Cylinders $12.00 each 8 $ 96.00 Field Testing/Observation Materials Technician $34.00 hour 8 $ 272.00 Slump Test (ASTM C 143) $0.00 each $ - Air Content (ASTM C 231) $0.00 each $ - Unit Weight (ASTM C 138) $0.00 each $ - Vehicle Travel Charge $16.00 trip 4 $ 64.00 Subtotal $ 432.00 ASPHALTIC CONCRETE Laboratory Testing Sieve Analysis, Extracted Aggregate (TEX -210F, Part II) $130.00 each 2 $ 260.00 Laboratory Molding /Hveem Stability ( 3 Specimens /Set) (TEX -206F) $125.00 each 2 $ 250.00 L aboratory Density Field Cut Specimens $20.00 each 2 $ 40.00 Field Observation/Testing Materials Technician $34.00 hour 8 $ 272.00 Asphaltic Concrete Coring Equipment $150.00 each 1 $ 150.00 Vehicle Travel Charge $16.00 trip 2 $ 32.00 Subtotal $ 1,004.00 Reporting/Mailing Fee 7% total costs $ 150.36 GRAND TOTAL $ 2,298.36 COST ESTIMATE BREAKDOWN A.W. Grimes Phase 1 Extension Raba- Kistner Page 1 of 2 PAD001- 046 -0f SCOPE OF WORK A. W. GRIMES BOULEVARD GENERAL: 1. We understand that The City of Round Rock will require the services of experienced engineering technicians on an on -call basis, as scheduled by you or your representatives. We request twenty four (24) hour notifications to properly schedule our work. 2. 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 for travel from our office to the project site and return to our office will be as follows: Vehicle Travel Charge: $ 16.00 /round trip Technician Travel Time: .75 hour /round trip 3. 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. 4. Any engineering and /or technical services provided on Saturday, Sunday, holidays, will be charged at an overtime rate of 1.3 times the appropriate hourly rate. Any engineering and/or technical services provided outside of "Normal" work hours, Monday through Friday, will be charged at a rate of $142.50/hr(engineer) and $44.20/hr(technical). On -site cancellation outside of the "normal" work hours will result in a four (4) hour minimum labor charge. 5. "Normal" work hours are between 7:00a.m. and 6:OOp.m., including travel time to and from the site unless stated otherwise. Overtime charges will be assessed after nine (9) continuous hours of service rendered during "normal" work hours. 6. 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 Travis 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 - Brytest Consultants, Inc. SOILS: 1. Perform one (1) moisture/density relationship test (TEX 113) for each type of subgrade material encountered and each type of borrow material utilized on this project. 2. Perform one (1) Atterberg limits determination for each type of subgrade material encountered and each type of borrow material utilized on this project. 3. Perform one (1) in -place nuclear density test (ASTM D 2922) per 5000 s.f., per eight (8) inch lift of subgrade, structural fill, backf ill, and flexible base. Raba- Kistner Scope of Work Page Two (2) CONCRETE: 1. Sample, cast, cure, and test one (1) set of four (4) concrete compressive strength cylinders for every 100 cubic yards of structural concrete placed. One (1) cylinder will be tested at seven (7) days, two (2) cylinders will be tested at 28 days and one (1) cylinder will be held for 56 day testing if required. 2. Perform one (1) slump test per 100 cubic yards of structural concrete placed. 3. Materials technician monitor structural concrete placements as required by the City of Austin, "Special Inspector" Program including: review batch tickets, report (not control) water added on site, take concrete temperature, test concrete for slump, and cast concrete cylinders. ASPHALTIC CONCRETE: 1. One (1) sample of asphalt for every 500 tons placed; will be tested for each day's placement for extraction, gradation, bitumen content, and stability. 2. One (1) asphalt core shall be taken for every 500 tons of asphaltic concrete placed. Cores shall be used to verify thickness and in -place density for asphalt. Raba- Kistner WE HEREBY AUTHORIZE RABA - KISTNER - BRYTEST CONSULTANTS, INC ( RKBCI) TO PERFORM THE FOLLOWING SERVICE(S): Construction Materials Testing including: Soil testing, concrete testing, asphaltic concrete testing, LOCATION WHERE SERVICES ARE TO BE PERFORMED: OPINION OF PROBABLE COST: $2, 298.36 RKBCI INVOICES WILL BE SENT TO: Attention: ATTACHMENT NO. I AUTHORIZATION FORM A. W. Grimes Boulevard, Round Rock, Texas RKBCI Proposal No.: PAD01- 046-02 Date: March 24, 2003 SIGNATURE: PRINTED NAME: COMPANY NAME: COMPANY ADDRESS: CITY, STATE, ZIP: PHONE NO.: FAX NO.: DATE: Rabe- Kistner e ., CERTIFICATE OF LIABILITY INSURANCE Dan: 03/27/2003 PRODUCER Willis of North America — Regional Cat Center Raba -Kistler Conwllws, Inc. P.O. Box 690287 Sao Antonio. TX 78269 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of to standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LD,4I8 LTR NUMBER DATE DATE GENERAL LIABILITY CK09104320 10 10 GENERAL AGGREGATE 52200090 A PRODUCrSCOMP20P AGO. $ 2200000 PERSONAL 0 ADV. INJURY I 1.000000 EACH OCCURRENCE 51.000000 FIRE DAMAGE (Any one fin) 5 100000 MED. EXPENSE (Any one puma) 1 5000 A AUTOMOBILE 1JABBJTY CK09101320 1001/02 100103 IIABB.OIY WORKERS COMPENSATION 9VA9107931 10 181/03 A AND EMPLOYERS' LIABILITY PROFESSIONAL LIABILITY DESCFWTON OF OPERATIONS /LOCATIONSNEHICLE40PECIAL ITEMS/EXCEPTIONS The CLIy 9f Rand Rack es named as additional mood with respect to d1 policies except' Workers' Compensation and Employers' Liability' and 'roWdaad Lability'. Should any of the above demeted policies be =mind or changed be( the expiration dare thereof, the issuing company will l thirty (30) days written notice to the 1090.0te holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 51 7�R F AUTHORIZED RE 2210. Main Street ))) /1 y/ pp 1 /Vdl[ -� Round Rock Texas 78fi6d a .•N� Typed Nan. _William R. Ran C0tof law CORRdanpees naara EXHIBIT "A" COMPANIES AFFORDING COVERAGE A St. Pant Fire and Marine Insurance Company COMBINED SINGLE LIMIT 51000200 BODILY INJURY(Perpwrm) 5 BODILY INJURY (Per areid01) 5 PROPERTY DAMAGE 5 EACH OCCURRENCE AGGREGATE STATUTORY LIdTS EACH ACCIDENT DISEASE - POLICY LASIT DISEASE• EACH EMPLOYEE Revised 10 1 1000000 5 1.000200 5 1290.000 5 1000200 Tide: Photaa 04/01/2003 TUE. .1Bi45.FAX 512 218 3242 04/01/2003 13:38 00000000000 CERTIFICATE OF LIABILITY INSURANCE D.ite: 04/01/03 PRODUCER COMPANIES AFFORDINCI COVERAGE UK Insurance Services of Texas I946 S. IH -35, Suite 301 A Security Insurance Co. oI Hartford Austin, Texas 78704 INSURED Raba -Mower Consultants, Inc. 12821 W. Golden Lane San Antonio. Texas 78249 Transp_Servlces !.-.3 'CITY ATTORNEY Ijj 002 111 1111111111111111 • PAGE 01/01 C D THIS IS TO CERTIFY THAT the Instued named above is insured by the Companies iistee above with respect to the business operations hereinafter described, for the types of insurance and in accordance 'vi11s the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to rho policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXXIRATION DAIS LT1/ NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY Typed Narita ,(pn Tile: f.xecutIva Axed GENERAL /GGRE[ATB $ PRODUCTS-CONP /OP AGO. $ PERSONAL & A:T+. INJURY $ RACHOCCURWO4CB - _..... $ FIRE DAMAGE (My we firs).... $ MED- EXPENSE (Any one penes) 3 COMBINED SINGLE LIMIT $ BODILY INJURY Per palm) $ BODILY INJURY (Pa tackled) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE 3 WOBITERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LG ETti EACH ACCIDENT $ DISEASE - POLICY L IMIT 5 DISEASE - EACH EMPLOYEE $ A l RO ESSIONAL LIABILITY A080306159 07/18)02 07718/03 Pa Clair 1;x,000,000 Per Aggregate 43,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL HEMS/EXCEPTIONS Professional Motility only: The aggregate limit Is the total lnsvnmee available for cleans presaged widria the policy period for ell operation deeded. The Ilea will be iednced by psymeet of ladder* and enema- The C of Round Rock Is named as addrdonal Insured with respect to all polteles except Worker's Com Decsation and Piufeselonal Uabillt i Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will meI11 thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: Cindy Frank City of Round Rock Works SIGNA 20 08 Enterprise Dr, OF AUTr REPRESENTATIVE 2008 WSAIL Round Rock, Texas 78664 MU !I IHIIIIII -3 001711 11111 4 ... 1 0... S = � A u 0. y J • . : • s ta I $ , � A , a. to e IS st , ` te s h N 39 nil :. Si a t t r ifittel•V ' A. W. GRIMES BLVD u DATE: April 4, 2003 SUBJECT: City Council Meeting — April 10, 2003 ITEM: *12.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Raba - Kistner Brytest Consultants, Inc. for construction materials testing for the A.W. Grimes Boulevard Project. Resource: Tom Word, Director of Transportation Services Bill Stablein, Construction Coordinator History: Raba - Kistner has been providing testing of construction material for A.W. Grimes Boulevard since the beginning of the project. Staff would like to retain their services for this additional work. The firm has agreed to provide additional testing for $2,298.36. Funding: Cost: $2,298.36 Source of funds: Transportation System Development Corporation Outside Resources: Raba - Kistner- Brytest Consultants, Inc. ImpactBenefit: Testing provided by a firm familiar with the project will make progress toward completion faster. Public Comment: N/A Sponsor: N/A • ROUND ROCK TEXAS PURPOSE. PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON Contract No. CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH RABA- KISTNER BRYTEST CONSULTANTS, INC., FOR A.W. GRIMES BOULEVARD THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 10` day of the month of April, 2003, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and Raba - Kistner- Brvtest Consultants, Inc., whose principal place of business is located at 8200 Cameron Road, Suite C -154, Austin, Texas 78754 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 10 day of the month of October, 2003 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Two Thousand Two Hundred Ninety Eight Dollars and Thirty -six cents ($2,298.36) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein [Name] Construction Coordinator [Title] 2008 Enterprise Drive [Address] Round Rock, Texas [City, State, Zip] (512) 218 -5562 [Telephone Number] (512) 218 -3242 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Daniel Franklin [Name] Vice - President [Title] 8200 Cameron Road, Suite C -154 [Address] Austin, Texas 78754 [City, State, Zip] (512) 339 -1745 [Telephone Number] (512) 339 -6174 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by Engineer's Contract- revised 10- 2002/specs master 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he/she /it shall promptly notify City in writing. In the event City fords that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be famished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, Engineer's Contract-revised 10- 2002 /specs master 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold 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 error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 activities by Engineer, its agents, or employees. Engineer's Contract- revised 10- 2002/specs master 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional 10 policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit " " herein entitled "Certificates Engineer's Contract - revised 10- 2002/specs master 11 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Daniel Franklin Vice - President Raba - Kistner- Brytest Consultants 8200 Cameron Road, Suite C154 (512) 339 -1745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Engineer's Contract- revised 10- 2002 /specs master 13 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its co orate name b its Mayor, duly authorized to execute the same on its behalf by Resolution No. R 0 cx,-/o -raD2, approved by the City Council on the le day of the month of April, 2003, and Engineer, Raba - Kistner- Brvtest Consultants, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: ATTEST: By: OVIatirW 1` City Secretary ENGINEER: Signature of Principal Printed Name: Zialivict L . Tie ATTEST: .1■".....aZ Corporate Secretary 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract- revised 10- 2002/specs master 15 Fax and Mail Delivery (512) 218 -5563 PAD01- 046 -02 March 24, 2003 Mr. Bill Stablein City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Construction Materials Testing Services A. W. Grimes Boulevard Phase 1 Extension Round Rock, Texas Dear Mr. Stablein: Engineers, Geologists, Hygienists and Environmental Scientists L, Raba Kistner Raba- Kistner- Brytest Consultants, Inc. 9200 Cameron Rd., Suite C -154 Austin, Texas 76754 (512) 339 -1745 • FAX (512) 339 -6174 www.rkci.com Raba - Kistner is pleased to submit our proposal to provide the construction materials observation and testing services on the referenced project. Our opinion of probable cost for the construction materials observation/ testing services $2,298.36 Our proposal is based upon our phone conversation on March 24, 2003 with Mr. Hank Hampton. Our scope of work includes the observation and testing of the following construction materials: soils, concrete, asphaltic concrete. This work will be performed under the terms and conditions of our current contract with the City of Round Rock for materials testing on A.W. Grimes Boulevard. Thank you for allowing Raba - Kistner the opportunity to submit our proposal for the construction materials testing services. We look forward to working with 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. Sincerely: Doug -s C. Denny Daniel L. Franklin Jr., P.E. Supervisor, CMT Services Vice - President Attachments: Cost Estimate Scope of Work Attachment I Austin • Brownsville • El Paso • Houston • McAllen • Mexico • San Antonio Rab2 TESTING /OBSERVATION ITEM UNIT PRICE UNIT ESTIMATED QUANTITY COST EXTENSION SOILS Laboratory Testing Moisture/Density Relationship (ASTM/TexDot) $160.00 each 1 $ 160.00 Atterberq Limits Determination $50.00 each 1 $ 50.00 Sieve Analysis $35.00 each 2 $ 70.00 Field Testing/Observation Materials Technician $34.00 hour 8 $ 272.00 In -Place Density Test (ASTM D 2922) $12.00 each 8 $ 96.00 Vehicle Travel Charge $16.00 trip 4 $ 64.00 Subtotal $ 712.00 CONCRETE Laboratory Testing Compressive Strength Cylinders $12.00 each 8 $ 96.00 Field Testing /Observation Materials Technician $34.00 hour 8 $ 272.00 Slump Test (ASTM C 143) $0.00 each $ - Air Content (ASTM C 231) $0.00 each $ - Unit Weight (ASTM C 138) $0.00 each $ - Vehicle Travel Charge $16.00 trip 4 $ 64.00 Subtotal $ 432.00 ASPHALTIC CONCRETE Laboratory Testing Sieve Analysis, Extracted Aggregate (TEX -210F, Part II) $130.00 each 2 $ 260.00 Laboratory Molding/Hveem Stability (3 Specimens /Set) (TEX -206F) $125.00 each 2 $ 250.00 Laboratory Density Field Cut Specimens $20.00 each 2 $ 40.00 Field Observation/Testing Materials Technician $34.00 hour 8 $ 272.00 Asphaltic Concrete Coring Equipment $150.00 each 1 $ 150.00 Vehicle Travel Charge $16.00 trip 2 $ 32.00 Subtotal $ 1,004.00 Reporting/Malling Fee 7% total costs $ 150.36 GRAND TOTAL I $ 2,298.36 COST ESTIMATE BREAKDOWN A.W. Grimes Phase 1 Extension Page 1 of 2 PAD001- 046 -01" Raba- Kistner SCOPE OF WORK A. W. GRIMES BOULEVARD GENERAL: 1. We understand that The City of Round Rock will require the services of experienced engineering technicians on an on -call basis, as scheduled by you or your representatives. We request twenty four (24) hour notifications to properly schedule our work. 2. 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 for travel from our office to the project site and return to our office will be as follows: Vehicle Travel Charge: $ 16.00 /round trip Technician Travel Time: .75 hour /round trip 3. 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. 4. Any engineering and/or technical services provided on Saturday, Sunday, holidays, will be charged at an overtime rate of 1.3 times the appropriate hourly rate. Any engineering and /or technical services provided outside of "Normal" work hours, Monday through Friday, will be charged at a rate of $142.50 /hr(engineer) and $44.20 /hr(technical). On -site cancellation outside of the "normal" work hours will result in a four (4) hour minimum labor charge. 5. "Normal" work hours are between 7:00a.m. and 6:OOp.m., including travel time to and from the site unless stated otherwise. Overtime charges will be assessed after nine (9) continuous hours of service rendered during "normal" work hours. 6. 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 Travis 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- Brytest Consultants, Inc. SOILS: 1. Perform one (1) moisture /density relationship test (TEX 113) for each type of subgrade material encountered and each type of borrow material utilized on this project. 2. Perform one (1) Atterberg limits determination for each type of subgrade material encountered and each type of borrow material utilized on this project. 3. Perform one (1) in -place nuclear density test (ASTM D 2922) per 5000 s.f., per eight (8) inch lift of subgrade, structural fill, backfill, and flexible base. Raba- Kistner Scope of Work Page Two (2) CONCRETE: 1. Sample, cast, cure, and test one (1) set of four (4) concrete compressive strength cylinders for every 100 cubic yards of structural concrete placed. One (1) cylinder will be tested at seven (7) days, two (2) cylinders will be tested at 28 days and one (1) cylinder will be held for 56 day testing if required. 2. Perform one (1) slump test per 100 cubic yards of structural concrete placed. 3. Materials technician monitor structural concrete placements as required by the City of Austin, "Special Inspector" Program including: review batch tickets, report (not control) water added on site, take concrete temperature, test concrete for slump, and cast concrete cylinders. ASPHALTIC CONCRETE: 1. One (1) sample of asphalt for every 500 tons placed; will be tested for each day's placement for extraction, gradation, bitumen content, and stability. 2. One (1) asphalt core shall be taken for every 500 tons of asphaltic concrete placed. Cores shall be used to verify thickness and in -place density for asphalt. Raba- Kistner ATTACHMENT NO. I AUTHORIZATION FORM WE HEREBY AUTHORIZE RABA - KISTNER - BRYTEST CONSULTANTS, INC ( RKBCI) TO PERFORM THE FOLLOWING SERVICE(S): Construction Materials Testing including: Soil testing, concrete testing, asphaltic concrete testing, LOCATION WHERE SERVICES ARE TO BE PERFORMED: A. W. Grimes Boulevard, Round Rock, Texas OPINION OF PROBABLE COST: $2, 298.36 RKBCI Proposal No.: PAD01- 046 -02 Date: March 24, 2003 RKBCI INVOICES WILL BE SENT TO: Attention: SIGNATURE: PRINTED NAME: COMPANY NAME: COMPANY ADDRESS: CITY, STATE, ZIP: PHONE NO.: FAX NO.: DATE: Raba - Kintner CERTIFICATE OF LIABILITY INSURANCE Date:_03rz712003 PRODUCER COMPANIES AFFORDING COVERAGE Willis of North America— Regional Cert Center Rabe- Kismer ConemtarO, Inc. P.O. Bow 690287 San Antonio, TX 78269 EXCESS LIABILITY WORKERS' COMPENSATION W VA910T931 10/1102 10/1/03 A AND EMPLOYERS' LIABILITY PROFESSIONAL LIABIL000 DESCRIPTION OP OPERATIONSMCATTONS/VEHICLES3PEC WL ITEMS/EXCEPTIONS &mot Near CORRAOdapas master EXHIBIT "A" A SI. Paul Fire and Marine Insurance Company THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY CK09104320 1011,/02 10/01163 GENERAL AGGREGATE 52.000.000 A IA PRODUCTS-COMP/OP AGO 51400,000 PERSONAL& ADV. INJURY S 100,00 EACH OCCURRENCE 51.000,00 FIRE DAMAGE (My one Ere) S 10,000 MED. EXPENSE (Anyone person) 5500 AUTOMOBILE LIABILITY CK0910020 10/1163 1001/03 COMBINED SINGLE LIMIT 1 100000 A BODILY INIIIRY(Po person) 5 BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE. POLICY LOUT DISEASE -EACH EMPLOYEE S 1.000,000 S 1,000,00 51100100 S 10000D The City of Round Rock is nanN as additional insured with respect to all polices except 'Workers' Compensation and Employers Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written nonce to the ceniftraa ho0ernamed below. CERTIFICATE HOLDER: City Y o Ro oe nd Rock SIGN • of AUTHO ED RED' - of : 1 221 E. Main Street Round Rock, Texas 78666 Typed Name: _William H. Rao Tide: Producer Revised 10/0002 04/01/2003 'ITE 12:45 FAX 512 218 3242 04/01/2003 13:36 00000000000 Transp_Services CITY ATTORNEY i¢1 002 111 1111111111111111 PAGE 01/01 CERTIFICATE OF LIABILITY INSURANCE D.tte: 04/01/03 PRODUCER USI Insurance Services of Texas COit�ANIES AFFORDING COVERAGE 1946 S. IH -35, Suite 301 A Security Insurance Co. of Hartford Austin, Texas 78704 R INSURI?D Raba. -K1at er Consultants, Inc. 12821 W. Golden Lane San Antonio, Texas 78249 C D THIS IS TO CERTIFY MAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY ESE mar1RATION LTA NUMBER GENERAL LIABILITY AuroMoliLo LL1BILylY EXCESS LIABILITY DATE DATE WORKERS' COMPENSATION AND EM LOyERS' LIABILITY - STATUTORY LBSTS EACH ACCIDENT' 4 MUSE - POLICY L GILT S DISEASE - EACH EMPLOYEE 4 A PRORJi$SIONAL LIABILITY A560306153 07n8/02 077/15109 Per gals 3a,ntlo,too Par Aggregate 31,000,000 imams:p1TON OP orraw IONg /LOC /spECrAL 1TE6t$/BXcerrioNs Professional Ibb1u only: me aggreggte limit la tw total iauraoee available for claim weaved within the 0x0ey period for N opei •edons of insured, The Wait will be reduced by payment of lndeagtty and expee e- The City of Round Rock Is named as additional Insured with respect to at policies except Worker's Cam reneaten and Professional Uahiliittyy Should any of the above described poflcies be cancelled of changed before the expiration date thereof, the issuing company wiU ms It thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: Cindy Frank City of Round Rock Public Works 2008 Enterprise Dr, Round Rock, Texas 78664 OF AUT Typed Name ,tireJirs@rLr ee Title: poseudve� eat GENERALA000IEYATE 4 PRODUCrs -cos tpn)P AOG, $ PERSONAL dt A)V. INJURY S EACHOCCURR/NCe ..... - -_ $ FIRE DA IA0E (Ate ode The) .. 4 MED. EXPENSE (Any one parxoe) 3 COMBINED SIMILE UMrr 4 BODILY INJURY peer pers S BODILY INJURY (Po. redden° $ PROPERTY DAMAGE S EACH OCCURRENCE AGGREGATE 3 p REPRESENTATIVE 1(61tL Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pin Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nose City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. May 13, 2003 Daniel Franklin Vice - President Raba - Kistner - Brytest Consultants 8200 Cameron Road, Suite C154 Austin, TX 78754 Dear Mr. Franklin: The Round Rock City Council approved Resolution No. R- 03- 04 -10- 12D2 at their regularly scheduled meeting on April 10, 2003. This resolution approves the agreement for construction material, testing for the A.W. Grimes Boulevard Project. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5555. Christine R. Martinez City Secretary Enclosure aktytt CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone: 5¢.218.5400 • Fax 512_218.7097 • www.ciround- rock.tx.us