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Contract - Raba Kistner Consultants - 7/10/2014J-'ROUQND ROCK, TEXAS PIIam E Ion PROSPE0.aY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING CONSULTING SERVICES FOR ON-CALL GEOTECHNICAL SERVICES WORK AUTHORIZATION FIRM: RABA KISTNER CONSULTANTS INC ("Engineer") ADDRESS: 8100 Cameron Road Suite B-150 Austin TX 78754 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into to be effective on JtAIV LO 2014 by and between the CITY OF ROUND ROCK, a Texas home -r le municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract 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: Engineering Services Contract 0127.1430;00305376 R-2014-1567 I. Rev. 12111 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a pari of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as frilly a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with a Work Schedule to be agreed upon between City and Engineer as pari of the Work Authorization provided in Article 7 herein, "Work Authorization." Such Work Schedule shall contain a complete schedule so that the Engineering Services included in the Work Authorization 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 Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be fiom the date hereof and shall terminate at the close of business on the 26th day of the month of June, 2016, or as otherwise terminated as provided in Article 20 entitled "Termination." Any Engineering Services 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 Engineering Services will not be completed in accordance with the Work Schedule. (2) Worlc Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that the services will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2. (3) Work Authorization. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. AR'T'ICLE 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 Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, hi accordance with the Fee Schedule attached hereto as Exhibit C. Payment of monies due for the Engineer's subconsultant's services, if any, shall be based on the actual amount billed to the Engineer by the subconsultant. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of Seventh --Five Thousand and No/100 Dollars ($75.000-09). 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 "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once a month, an invoice showing Engineering Services performed. This submittal shall also include a progress assessment report in a form acceptable to City. Payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that Engineering Services 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 the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for 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 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 fiends; 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 Engineering 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 Contract 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 WORK AUTHORIZATION The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Work Authorization regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Work Authorization has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah Collier Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (5 12) 341-3318 Fax Number (512) 218-5536 Email Address Icollier@routidrocktexas.gov routidrocktexas.gov 4. City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. 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 Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Gabriel Ornelas, Jr. P.E., PMP Vice President 8100 Cameron Road, Suite B-150 Austin, TX 78754 Telephone Number (512) 339-1745 Fax Number (512) 339-1764 Email Address gornelas c@rkci.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, 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 feature at the Engineering Services. At the request of City or Engineer, conferences shall be provided 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 the Engineering Services. Should City determine that the progress in Engineering Services 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 si nifrcant impact upon the progress of the Engineering Services, including but not limited to g the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of Engineering Services 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. 5. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, 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 agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full. force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract 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 Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. 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 Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services 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 Engineering Services. Q ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OE DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Contract. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in any designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining infrastructure or facilities for which said work and documents were prepared , provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the 7. purposes of completing, using and maintaining infrastructure or facilities for which said work and documents were prepared. City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Engineer. However, City shall be permitted to authorize a contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of work for the City. Submission or distribution of instruments of Service to meet official regulatory requirements or for similar purposes is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to Engineer's Instruments of Service by other engineers subsequent to the completion and delivery of the Instruments of Service to the City. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering 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 Engineering Services shall inunediately be removed from association with this Contract when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE lb SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services 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, 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 1.8 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 continents 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 Contract, 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 Contract may be terminated as set forth below. (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 Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fiiliill 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 Engineering Services and obligations described herein. Should City terminate this Contract 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 Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Should City terminate this Contract under Subsection (4) immediately above, then the 9. amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable 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 Engineering Services under this Contract. 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 Contract, including without limitation, minimunVmaximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall fiirnish City with satisfactory proof of his/her/its complignce. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering 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. 10. 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 Contract, which are caused by or which result from the negligent 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 negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. Cit} 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 in its work product, or for clarification of any ambiguities until after any construction project or maintenance performed pursuant to the Engineering Services provided under this roJ Contract has been satisfactorily completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering ubmissions to City in accordance with the Texas Engineering Practice Act and the rules of tl 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 personss personsother than a bona fide employee working solely for Engineer, to solicit or secure this Contract, 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, For breach or violation of tis upon or resulting from the award or making of this Contract. liability in its warranty, City reserves and shall have the right to annul this Contract without lr y or, 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, lusher/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 ll. will be recommended or required for any construction project or maintenance performed pursuant to the Engineering Services provided under this Contract. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional 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 Contract, 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: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -renewal or reduction in limits by endorsement 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 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such firture coverage, or to City's Self -Insured Retentions of whatever nature. (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 City. Such Certificates of Insurance are evidenced as Exhibit D herein entitled "Certificates of Insurance." 12. ARTICLE 27 COPYRIGHTS City shall have the royalty -flee, nonexclusive and irrevocable right to reproduce, publish or othci-Noise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawfid assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, 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 Contract 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 Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject platter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to this Contract, 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 Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: 13. 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: Gabriel Ornelas, Jr. P.E., PMP Vice President 8100 Cameron Road, Suite B-150 Austin, TX 78754 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 Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fiilly responsible for his/her/its delays or for failuresto use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly 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 Contract if prevented fiom performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of Stich impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract 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 Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or fiumished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineers profession practicing under the same or similar circumstances at the same time and in the sante locality. 14. Excepting Articles 25 and34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, hr connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the tennis of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 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 Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through 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 *Steplhii AS TO FORM: By: / ' ' Alan cGraw, Mayor heets, L_�:City Attorney ATTEST: By: SaraL.White, City Clerk RABA KISTNER CONSULTANTS INC. rgnature of Princii Printed Name: 15. LIST OT EXHIBITS ATTACHED (I) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Fee Schedule (4) Exhibit D Certificates of Insurance Exhibit A City Services The City of Round Rock will furnish to the Geotechnical Engineering Consultant the following items/information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Geotechnical Engineering Consultant. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to geotechnical engineering consultants services. 2. Provide all criteria and. full information as to City's requirements for the Task, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction information if available to the City and necessary to complete the Task. 3. Provide Geotechnical Engineering Consultant copies of geotechnical reports, drawings, and exhibits for review and use in performing our services. 4. The City shall provide Geotechnical Engineering Consultant right of entry to perform our field services. 5. The City shall provide Geotechnical Engineering Consulting with existing utility maps to assist in locating all underground utilities in the vicinity of geotechnical drilling. EXHIBIT B Engineering Services This contract is to perform miscellaneous geotechnical engineering tasks on an "as needed" basis including, but not limited to, the following: • Performing geotechnical studies to develop information concerning pavement design and construction recommendations for future City of Round Rock projects, Review geotechnical engineering reports prepared by others to provide an opinion to the City whether the recommendations are reasonable and/or provide opinions and recommendations to the City for their consideration, • Perform trouble shooting and diagnostics of pavement failures and offer opinions and recommendations for remediation. • Perform professional geotechnical engineering consulting related to other transportation type facilities, such as drainage features, retaining walls, buildings, bridges, and signs. It could be likely that each assignment made could require submission of a scope of services fand ee estimate for approval prior to executing the work. However, there may be times whenotice to proceed with work will be issued and subsequently invoiced per the attached unit fees. Proiect Description p The projects considered as a art of this scope of services are likely to be associated with roadway projects and could include roadways, drainage features, retaining w s st buildings, bridges, and signs located within the City of Round Rock. The projects could con of existing structures, projects under construction, or future development projects. Field Study Field study could include drilling soil borings using a truck -mounted drilling rig to various depths aals necessary to characterize subsurface conditions, determine strength of the unser include coring and determine engineering properties of the soils/rock. The field work y asphalt and flexible base materials and sampling of asphalt. It should be understood that not all assignments will require geotechnical soil boring r pavement coring's or other Meld studies. This is more likely to be the case when RKCI is asked t perform desktop review of reports prepared by others. Samples will be taken using conventional split -spoon, Shelby -tube, and Nx rock coring and sarn lin techniques. Borings will be located in the field utilizing a recreation graThe scope-eld p 9 ld GPS device and/or tape and right angle measurements from existing benchmarks. service does not include surveying in the boring locations. The borings will be backfilled utilizing auger cuttings generated during drilling activities and/ or borings/cores performed through paved surfaces will be backfilled m accordance Y of Round Rock backfilling requirements. 1 Laboratory Stud Upon completion of the subsurface exploration, a testing program will be designed to define the strength and classification characteristics of the foundation soils. The testing program may include moisture content tests, Atterberg Limits (plasticity tests), corrosivity tests, sulfate tests, unconfined compression strength tests of the soil, grain size analyses, triaxial tests, and California Bearing Ratio Testing; however, the type and number of tests will be based on subsurface conditions encountered in the field and the scope of services required for the particular assignment. Engineering Report A report will be prepared providing comments and recommendations of findings based on the field study, laboratory testing, site visits, documents reviewed, etc. The final report will be reproduced in 1 electronic copy, and 1 spirally -bound copy. Tentative Proiect Schedule Based on present workload, field exploration phases of studies could begin within three to five working days of receiving a Notice to Proceed and/or Work Order, provided the site is accessible to truck -mounted drill rigs. The field exploration and laboratory testing phase of the study is typically expected to take approximately three to five working days to complete; however, each project will require different amount of time. Engineering analyses and preparation of the engineering report will be based on many factors, but is typically expected to take an additional two to four weeks following field work to complete. RKCI will provide a schedule during the preparation of each scope of services for the projects assigned. Proiect Cost Services will be performed on a time and materials basis for the fees presented in Exhibit D — Fee Schedule. A scope of services and fee estimate may be required for approval prior to performing services. Should unusual soil conditions be encountered in the field that indicates the desirability of significantly broadening the scope of the study anticipated, the City will be contacted to receive authorization before proceeding with any additional work. Additional services will be billed on a unit basis in accordance with the attached Unit Fee Schedule. The City will provide access to all boring locations for a conventional, truck -mounted drilling rig and that the City will provide underground utility clearance. RKCI will assist in locating underground utilities, provided the City submits documentation of existing utility locations. RKCI will take all precautions to prevent damage to property; however, RKCI cannot be responsible for tire rutting, or damage of landscaping. Historically the cost of field services is about 45 percent of total fee. These services are predominantly provided by subcontractors. In order to promptly pay subcontractors and continue to be able to respond to the City needs, an interim invoice for 45 percent will be sent as soon as the field exploration phase of study is complete. 2 EXHIBIT C Fee Schedule Attached Behind This Page ON-CALL GEOTECHNICAL ENGINEERING CONSULTING SERVICES City of Round Rock TITLE HOURLY Rate Principal Senior Engineer/Consultant Project Manager, Project Engineer Engineer Engineer in Training Geotechnical Technician CADD Operator Clerical Geologist Environmental Scientist Lead Technician CMT Technician Archaeologist GIS Mileage (Privately Owned Vehicle) Lodging Meals and Incidental Air Travel Copies 81/2 x 11,11 x 17 Mylar 11x17 Schematic Plots Misc. Non -Travel Expenses Field Expenses $ 200.00 $ 200.00 $ 175.00 $ 165.00 $ 100.00 $ 85.00 $ 60.00 $ 80.00 $ 55.00 $ 130.00 $ 105.00 $ 60.00 $ 50.00 $ 110.00 $ 90.00 DIRECT EXPENSES $0.56 per mile or current GSA allowable rate At cost up to GSA Allowable At cost up to GSA Allowable cost + 10% $0.16/page $2.10/page $1.58/sq ft cost + 10% cost + 10% ON-CALL GEOTECHNICAL ENGINEERING CONSULTING SERVICES CITY OF ROUNDROCK RABA KISTNER CONSULTANTS, INC Field Drilling Services -1 Auger Drilling (Does not Include logging) per ft $16.00 soil per ft $19.00 soft rack -2 Standard Wet Rotary (Does not Include logging) per ft $21.00 -3 Nx Rock Core (Does not include logging) Soft rock (marl, shale) per ft $32.00 Hard rock (limestone, sandstone) per ft $42.00 4 Non -conventional drilling (barge drilling or unusual time consuming drilling i.e. through bridge) per hr $279.30 -5 Field Logging Services per hr $60.00 Geotechnical Technician per hr $130.00 Geologists per hr $90.00 Engineer In Training -6 Field Coordination per hr $100.00 Field Engineer per hr $65.00 Flagman -7 Mobilization Mobilization or truck -mounted rig, rill crew and support per mile .00 Field logger trip charge per mile 1 $ $ 1•� cost+l0% Mobilization non-standard equipment (4x4 all terrain rig) Barge mobilization and rental cAst+10% -8 Sampling Standard Penetration Test (ASTM D1586) per test $22.00 Shelby Tube (ASTM D1587) per test $22.00 Texas Cone Penetrometer Test (THD, Tex 132-E) per test $26.00 -9 Other Expenses/Charges per hr $225.00 Standby Time per mile $1.00 Mileage - non -drilling equipment per ft $3.25 Grout backfill cast+l0% Dozedclearing cost per day $55.00 Logger truck charge each $75.00 Standard pavement coring each $64.00 Concrete/AC patch Cost+10% Traffic control - signs, barricades cost+10% All other outside expenses January 2014 ON-CALL GEOTECHNICAL. ENGINEERING CONSULTING CITY OF ROUND ROCK LABORATORY TESTING FEES ASPHALTIC CONCRETE REFERENCE FIELD SERVICES ASTM D 75 Sampling Raw Materials of Composite Mix $ 50.001hr Technician Time .............................................. Asphalt Institute Asphaltic Plant Observation - To Verify Aggregate Size Manual and Quality, Batch Weights and Temperature 60.001hr Technician Time ........................................... Asphalt institute Asphaltic Site Observation - To Observe Preparation, Manual Laydown Operations, Asphaltic Concrete Temperatures, Mat Thickness and Mat Density Determination 60.001hr Technician Time ................................................ ................................ 16.00/ea-- 6.00/eaASTM ASTMD 2950 Nuclear Density Test with Inspection....................................................... 25.00/ea Nuclear Density Test................................................................................ Coring (See Coring Fee Schedule) REFERENCE LABORATORY SERVICES ASTM D 2172; Extraction Test, Bitumen Content and Aggregate $ 190.001ea TxDOT, TEX-210-F Sieve Analysis of Asphaltic Concrete....................................................... 131.00/ea ASTM D 2172; en Content Only Extraction Test, Bitumen y •••••• ..................•••."'•"""•'"""""" TxDOT, TEX-210-F Asphaltic Concrete Extraction; Bitumen Content and Aggregates; Sieve Analysis of Asphaltic Concrete; Molding Specimens (Hveem or Marshall); Laboratory Density (Molded Specimen); Stability Test (Hveem); and Maximum Theoretical Specific 459.00/set Gravity (Rice Gravity) ............................................. Hveem, Molding Specimens 60.00/set TxDOT, TEX-206-F; Hveem or Marsh ............................................................................. 124.00/set Marshall, Superpave (2 per set) .................... .................................................... ASTM D 1559 60.00/set TxDOT, TEX-207-F; Laboratory Density Test........................................................................... rY 60.00/set ASTM D 2726 a) Molded Specimen.........................................,,,,•,,,,,.,•,,,. 51.001ea b) Asphalt Core.............................................................................. 72.00/set c) Superpave (2 per set)......................................................... Hveem, Stability Test 58.00/set TxDOT, TEX 208-F; Marshall............................................................................................. Marshall, Hveem..................................................... .......................................... 73.00/set ASTM D 1559 1,914.00/ea Asphalt Institute or FAA . ..................... Corp of Engineers .................................................. 1,914.00/ea Manual and TxDOT Quality Control/Quality Assurance ............................................... 2,719.00%a TxDOT; TxDOT CMHB.......................................................... 320.00/ea Mix Designs TxDOT Calibration Mix and Pans ............................................................. 1,433.001ea TxDOT Black Base Design, Item 345 ...................................................... 2 ASPHALTIC CONCRETE (Continued) REFERENCE LABORATORY SERVICES TxDOT, TEX-200-F; Sieve Analysis of Aggregate $ 39.00/ea ASTM C 136 ............................................................................... Mixture Verification (QC) Strength, 755.00/set TxDOT, TEX-203-17; Sand Equivalent Test............................................................................... 83.001ea ASTM D 2419 Molding and Strength................................................................................ 367.00/set AASHTO TP 33 Fine Aggregate Angularity........................................................................ 49.00/ea ASTM D 4791-95 Flat and Elongated Particle...................................................................... 49.00/ea TxDOT, TEX-201-F; Specific Gravity (Coarse or Fine Aggregate) ............................................ 39.00/ea ASTM C 127 TxDOT, TEX-201-17; Absorption (Coarse or Fine Aggregate) (Includes Specific Gravity)......... 60.00/ea ASTM C 127 Molded Moisture Content .......................................................................... 13.001ea TxDOT, TEX-411-A; Sulfate Soundness (Time and Test) 51.00/hr ASTMC 88 Preparation Time................................................................................ ea 484.431.00/001ea a) Magnesium - 5 Cycle................................................................. b) Sodium - 5 Cycle........................................................................ ASTM C 131; Los Angeles Abrasion Test (Time and Test) Los Angeles Abrasion Test (Small or Large Coarse Aggregate)........ 187.00/ea ASTM C 535 Asphalt Inst. SP -2 Superpave TM Mix Design (Includes Aggregate, Specific Gravity 5,913.00/ea TxDOT, Item 3066 and Sieve Analysis) (Does Not Include TSR) .......................................... AASHTO PP 28-95 TxDOT, TEX-227-F; Maximum Theoretical Specific Gravity (Rice Gravity) ..............................• 90.00/ea AASHTO T 209; ASTM D 2041 TxDOT, TEX-226-17; Moisture Sensitivity Test (Tensile Strength Ratio Test) 513.00/ea AASHTO T 283; with Freeze/Thaw............................................................................... 401.00/ea ASTM D 4867 without Freeze/Thaw.......................................................................... TxDOT, Item 3157 Cold Processed -- Recycled Paving Material RPM MixtureDesign As Requested ............................................................................... Mixture Verification (QC) Strength, 755.00/set Stability (Hveem, Modified Marshall) ................................................... TxDOT, TEX 126-E Molding and Strength................................................................................ 367.00/set (Modif ed) 139.00/set TxDOT, TEX-208-F Molding and Hveem............................................................ (Modified) ASTM D 1559 Molding and Marshall................................................................................ 131.00/set TxDOT, TEX 103-E Molded Moisture Content .......................................................................... 13.001ea KI CEMENT TREATED BASE REFERENCE FIELD SERVICES PCA Sampling Raw Materials for Mix Verification $ 50.001hr TechnicianTime................................................................................ Sampling Contractor Processed Material 50.00/hr Technician Time ................................................. REFERENCE LABORATORY SERVICES $ 69.00/ea PCA Molding Controlled Processed Material .................................................... 31.00/ea Unconfined Compressive Strength Testing ...................................... ...._.. PCA ASTM D 559; Durability (2 Specimens per Set) (Percent Loss in 12 Cycles) 589.00/set ASTM D 560 Wet Dry/Freeze Thaw.............................................................................. Mix Design Mix Design - Cement Treated Base (Does Not Include $ 1,171.00/ea PCA; TxDOT, TEX-120-E; y) .............................................. ASTM D 558 CONCRETE r REFERENCE FIELD SERVICES Sampling Concrete to Conduct Slump Test, Measure Concrete ASTM C 31; Temperature, Cast Test Specimen and Transport ASTM C 172; ASTM C 143 Test Specimen to Laboratory Next Day $ 50.00/hr Technician Time........................................ ..... ............................... pick -Up of Test Specimen .......................................... Standby Time............................................................... .................... ASTM C 39; Cylinder Compressive Strength Testing and Reporting ASTM C 617 (In Conjunction with Sampling) Normal Weight or Lightweight Structural a) 6x12 or 4x8 - 4) 17.00/ea (Minimum of ........................................................................... b) 3x6 - Lightweight Insulating Cellular 25.00/ea (Minimum of 6 - Includes Two Dry Densities) ............................. 11.00/ea C) "Hold" Cylinder (Additional Charge) ..............................••••-.• 13.00/ea d) ,Strip, Cylinder (Additional Charge)................................•..•, 24.00/ea e) Compressive Strength - 2x2 Cubes .......................................... 44.001ea fl Dry Density - Concrete Cylinder ................................................• ASTM C 78 Flexural Strength Testing and Reporting 49.001ea (In Conjunction with Sampling Beams) .................................................... Air Content (In Conjunction with Sampling) 32.00/ea ASTM C 231 a) Pressure..................................................................................... 38.00/ea STM C 173 CO Ac) b) Volumetric ................................................................................... 17.00/ea ASTM T 199 Chase ..................................... .................................................... 29.00/ea ASTM C 138 Unit Weight .......... .......................................... 24.00/ea ASTM C 143 Additional Slump Test ................................................. .................... ......... ACI 311; Concrete Plant Observation - To Observe and Record Aggregate Concrete Consistency and Mixing Time ACI 304 Types, Batch Weights, 50.00/hr TechnicianTime.............................................................................. ACI 311; Concrete Site Observation - To Record the Consistency of Concrete, Project Specifications and Sample ACI 304 Verify and Adjust Slump within for Test Specimens 50.001hr Technician Time .............................................. 4 CONCRETE (continued) REFERENCE LABORATORY SERVICES ACI 211.1 Hardrock Concrete Mix Design Calculations and Proportioning to Include Six Confirmatory Cylinders (Physical Properties Not Included)........................................................... $ 301.00/ea ACI 211.1 (303.R) Architectural Mix Design........................................................................... 330.00/ea ACI 211.2 Lightweight Structural Mix Design............................................................ 310.001ea REFERENCE LABORATORY SERVICES ASTM C 270 Masonry Mortar Mix Design Including Six Cubes and 330.001ea Water Retention (Physical Properties Not Included) .............................. ASTM C 1202 Chloride Ion Permeability......................................................................... 262.001set ASTM C 39 Cylinders Compressive Strength Testing and Reporting F.O.B. Cylinders to Our Laboratory.......................................................... 28.00/ea ASTM C 496 Splitting Tensile Strength of Concrete Cylinders TensileTest....................................................................................... 44.00/ea ASTM C 666 Freeze -Thaw Test.................................................................................... 364.00/set ASTM C 469 Determination of Young's Modulus of Elasticity (Time, Test and Set -Up) ............................................. .......................... 83.00/ea ASTM C 803 Windsor Probe (Includes Surface Preparation) ....................................... 85.00/hr ASTM C 805 Schmidt Rebound Number....................................................................... 85.00/hr CONCRETE AGGREGATES REFERENCE FIELD SERVICES ASTM D 75; Sampling Concrete Aggregates $ 50.00/hr TxDOT, TEX 400-A Technician Time................................................................................ REFERENCE LABORATORY SERVICES ASTM C 566 Moisture Content...................................................................................... $ 13.00/ea ASTM C 29; Unit Weight (Coarse or Fine) 33.00/ea TxDOT, TEX-404-A a) Loose.......................................................................................... 33.00/ea b) Rodded....................................................................................... ASTM C 127; Specific Gravity (Coarse or Fine)............................................................. 39.00/ea ASTM C 128; TxDOT, TEX-201-F ASTM C 123 Lightweight Particles (Plus Cost of Materials) ........................................... 58.00/test ASTM C 127; Absorption a) Normal Weight Aggregate (Coarse or Fine) ............................... 25.00/ea ASTM C 128; b) Lightweight Aggregate (Coarse) ................................................. 28.001ea TxDOT, TEX-201-F ASTM C 136; Sieve Analysis (Dry) for ASTM C 33 Specifications TxDOT, TEX-401-A a) Coarse, Per Sample................................................................... 44.00/ea b) Fine, Per Sample........................................................................ 52.001ea ASTM C 117; Amount Finer than No. 200 (Decantation) ............................................... 37.00/ea TxDOT, TEX-406-A CONCRETE AGGREGATES Jcontinued) ASTM C 131; Los Angeles Abrasion (Time and Test) .................................................... ASTM C 535 ASTM C 88; Sulfate Soundness (Time and Test) TxDOT, TEX-411-A Preparation Time............................................................................... a) Magnesium - 5 Cycle.................................................................. b) Sodium - 5 Cycle........................................................................ ASTM C 117; Physical Properties of Aggregates - Includes Decantation, ASTM C 29; Rodded Unit Weight, Specific Gravity, Absorption, Sieve ASTM C 127; Analysis and Moisture Content (Per Aggregate Type and Size) ASTM C 128• Conducted in Conjunction with Concrete Mix Design ........................ ASTM C 566• Conducted Separate from Concrete Mix Design ............................... TxDOT, TEX-406-A; TxDOT, TEX404-A; TxDOT, TEX-201-F; TxDOT, TEX-401-A ASTMC 40; Organic Impurities.................................................................................... TxDOT, TEX 408-A Technician Time and Equipment ASTM C 2419; Sand Equivalent Values........................................................................... TxDOT, TEX-203-F b) Two Men ........................ .......................................................... ASTM C 142 Clay Lumps and Friable Particles............................................................ ASTM C 641 Staining Materials in Lightweight Concrete Aggregate ............................. CORING REFERENCE FIELD SERVICES ASTM C 42; Technician Time and Equipment ACI318 a) One Man..................................................................................... b) Two Men ........................ .......................................................... c) Reinforcing Steel Detector.......................................................... d) Coring......................................................................................... e) Generator................................................................................... Bit Wear a) Limestone Aggregate................................................................. b) Quartz Aggregate (River Gravel) ................................................ REFERENCE LABORATORY SERVICES ASTM C 42 Sawed Ends for Compressive Strength Test a) Limestone Aggregate................................................................. ASTM C 39; Compressive Strength of Concrete Core Includes ASTM C 42; Measurements, Capping and Testing ...................................................... ASTM C 174; ASTM C 617 ReportPhotographs................................................................................. Laboratory Air -Dried Unit Weight............................................................. 5 187.00/ea 51.00/hr 484.00/ea 431.00/ea 144.00/ea 187.00/ea 38.00/ea 83.00/ea 56.00/ea 56.00/ea 60.001hr 94.00/hr 29.00/day 92.00/day 95.00/day 6.00/in.in. 7.00fin.1n. $ 2.00/sq.in. 25.00/ea Cost +10% 17.00/ea LIME REFERENCE FIELD SERVICES National Lime Continuous Observation to Monitor and Record Equipment Association Functions, Specific Gravity of the Lime Slurry and Observation of Stabilization Location and Depth TechnicianTime................................................................................ 50.00/hr REFERENCE LABORATORY SERVICES ASTM D 422; Sieve Analysis of Pulverized Materials for Gradation Compliance........... $ 63.00/ea TXDOT, TEX-101-E, Pt. II ASTM D 4318; Lime Series Curve Determination Including Five Atterberg Limits........... 435.00/ea TxDOT, TEX-112-E PORTLAND CEMENT REFERENCE LABORATORY SERVICES ASTM C 183 Standard Method of Sampling Hydraulic Cement ..................................... ASTM C 109 Compressive Strength of Hydraulic Cement Mortars (Using 2 -in. or 50mm Cube Specimen)..................................................... ASTM C185 Air Content of Hydraulic Cement Mortar ................................................... ASTM C 265; Time of Setting of Hydraulic Cement by GillmoreNlcat Needles .............. ASTM C 191 ASTM C 151 Autoclave Expansion of Portland Cement ................................................ ASTM C 187 Normal Consistency of Hydraulic Cement ................................................ ASTM C 188 Specific Gravity of Hydraulic Cement ....................................................... ASTM C 430 Fineness of Hydraulic Cement by the No. 325 Sieve ............................... ASTM C 451 Early Stiffening of Portland Cement (Paste Method) ................................ ASTMC 114 Chemical Analysis.................................................................................... ASTM C 91 Water Retention of Masonry Cement ....................................................... ASTMC 150 Chemical Analysis.................................................................................... PhysicalAnalysis...................................................................................... $ 50.00/hr 24.00/ea 49.00/ea 59.00/ea 197.00/ea 49.00/ea 57.00/ea 57.001ea 49.00/ea 361.00/ea 92.001ea 361.00/ea 717.001ea R SS REFERENCE FIELD SERVICES ASTM D 75 Sampling Subgrade, Fill or Base $ 50.00/hr Technician Time ................................................. In -Place Moisture -Density Test 50.00/hr Technician Time ............................................. ................................. 25.00/ea ASTM D 2922 Nuclear Density.......................................... 72.001ea ASTM D 2167; Volumetric Density (Sand Cone) .............................................................. ASTM D 1556 Fill and Embankment Observation - Testing for Compliance with the Project Specifications to Verify Proper Moisture and Compaction Conditions in Order to Produce a Quality Fill and Uniform Workmanship (Time, Test and Mileage) 50.001hr .......................................................... Technician Time {Hourly Rate50.00lhr Rolling Observation........................................................................ 16.00/ea ASTM D 2922 Proof Nuclear Density Test with Observation.................................................... REFERENCE LABORATORY SERVICES $ 13.00/ea ASTM D 2216; Moisture Content .................................................. .................................... TxDOT, TEX-103-E Atterberg Limits TxDOT (TEX-104, TEX-105-E, TEX-106-E)................. 83.00/ea ASTM D 4318 a) ASTM or Shrinkage Limit in Conjunction with Atterberg Limits 102.00/ea ASTM D 427 a) Volumetric................................................................................... 102.00/ea b) Linear (TxDOT, TEX-107-....................................................... ASTM D 422; Sieve Analysis56.00/ea a) Washed through No. 40 (Up to 5 Sieves) ................................... 83.00/ea TxDOT, TEX 101-E; b) Washed through No. 200 (Up to 4 Sieves) ................................. 13.00/ea TxDOT, TEX-110-E c) Additional Sieves....................................••••................................ 56.00/ea ASTM D 1140 Amount Finer than No. 200 Sieve............................................................ Moisture -Density Relationship 51.00/hr Preparation Time ............................................................................... 249.00/ea ASTM D 698; ASTM ........................................... ................................... ............. 249.00lea ASTM D 1557 AASHTO T 99; AASHTO . .•.••••••••• ..................................................................... AASHTO T 180 249.00lea TxDOT, TEX-113-E; ........................................... 249.00/ea TxDOT, TEX 114-E MIL STD CE 55A Cor s of Engineers ........................................... ............................ •,,,, P 187.00/ea ASTM C 131 • Los Angeles Abrasion (Time and Test) ..................••••.•"" ASTM D 535 REFERENCE LABORATORY SERVICES ASTM D 1883 California Bearing Ratio - Short Method; Includes Relationship and Three Test Specimens .................. $ 791.00/set 163.00/ea Moisture -Density Each Additional Specimen.......................................................... TxDOT, TEX 117-E TxDOT Triaxial — Short Method; includes Moisture -Density Relationship and Up to Six Test Specimens 1,314.00/set Part I ............................................... ............................................. 1,206.00lset PartII............................................................... .................................. 148.001ea Each Additional Specimen .................................. ............................... 83.00/ea ASTM D 854; Specific Gravity .................................................• ..................................... •runrNT TFX-9 nR-F 8 SOILS (continued) ASTM D 422; Hydrometer Analysis (Includes Sample Preparation, TxDOT, TEX-110-E Grain Size Curve and Specific Gravity) .................................................... 273.00/ea ASTM D 5084 Hydraulic Conductivit..................................................... y ......................... 421.00/ea ASTMD 2166 Unit Weight.............................................................................................. 29.00/ea TxDOT, TEX 11fi-E Wet Ball Mill............................................................................................. 206.00/ea Water Content and Visual Classification.................................................. 13.001ea Unconfined Compression (includes unit dry weight) a) Soil Shelby Tube Specimens............................................................. 43.00/ea b) Rock Core Specimens....................................................................... 51.00/ea (1) Sawed Specimen Ends.............................................................. 11.00/end Triaxial Compression a) Unconsolidated -Undrained, Per Specimen ...................................... 78.00/ea b) Unconsolidated -Undrained, Multistage .............................................. 273.00/ea Direct Shear a) Unconsolidated-Undrained................................................................ 217.00/ea b) Consolidated -Drained (Sand)............................................................ 459.001ea Consolidation (Not Including Specific Gravity) ......................................... 565.00/ea Swell Test a) Pressure Method............................................................................... 296.00/ea b) Free Swell.......................................................................................... 156.00/ea RABA KISTNER CONSULTANTS, INC BASIC CHARGE 1. A vehicle usage fee will be assessed for round trip travel from our office to the project site, material supplier, etc. and back to our office. Vehicle trip charges are applicable to vehicles that are applicable when transporting equipment or materials to the jobsite or returning from the jobsite with material samples, equipment or related items. 2. Vehicle usage fees of $35.00 or $75.00 will be invoice for round trip travel to the Round Rock and back to our office, respectively. 3. Service charges are based on the hourly rates stated herein to travel to the project site to perform our services and return from the project site to our office and/or laboratory. 4. Any engineering and/or technical services provided on Saturday and all work in excess or "normal" work hours, as stated herein, Monday through Friday, will be charged at an overtime rate of 1.4 times the appropriate hourly rate. Our total cost of services is based upon the assumption most services will be provided during "normal" work hours. Providing an excessive amount of services during days and/or hours requiring overtime rates may significantly increase the total cost of services shown herein. 5. "Normal" work hours are between 7:00 a.m. and 6:00 p.m., including travel time to and from the site unless stated otherwise. Overtime charges will be assessed after eight (8) continuous hours of services rendered during "normal" work hours. 6. Minimum 3 hours billing per visit to project site. EXHIBITD Certificate of Insurance Attached Behind This Page m A�� V CERTIFICATE OF LIABILITY INSURANCE OATR MMOO1YYYY) 6110/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Worsham Insurance & Risk ManagementCONTACT:Cindy P.O. BOX 795008 San Antonio, TX 78279 Rains _ PHONE H �i �,�I. 210-249-2325. FAX 210-223-2806 00RE cindy.ralns(M%Yorthaminsurance, com INSURER 4S) AFFORDING COVERAGE NAIC 0 %war/ximthamsa.com INSURER A: Lexie ion Insurance Company 19437 INSURED _ Raba Kistner Inc 12821 W Golden Ln _ INSURER 0: ~ INSURER C: INSURER D: San Antonio TX 78249 INSURER E: PRODUCTS -COMPJOPAGO s INSURER F. 1' MMPArMCC I F-WT1F=1I_ATF NIIMRFF2• 7A.i1:AIGA 1{L+VINILIN NUMANIMN' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR KAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i11iTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Trans ortation Department POLICY NUMBER POUo EFFCp EXP LIMITS AUTHORIZED REPRESENTATIVE ��J ��►'iy'i�,tilt•1,3 COMIAERCIAL GENERAL LIABILITY CLAIMS -MADE FIOCCUR SA Diane Hoskins EACH OCCURRENCE $ DAMAGE TO AMOS E 00wffw=J S MED EXP ora arson S PERSONAL & ADV INMY S GENL AGGREGATE LIMIT APPLIES PER: POLICY 0 JECT El LOC OTHER: GENERAL AGGREGATE S PRODUCTS -COMPJOPAGO s $ AUTOMOBILE LIAUnJTY ANY AUTO ALLOOMFD SCHEDULED AUTOS NOR-MWEO HIRED AUTOS AUTOS C4M SINGLE LIMIT i BODILY INJURY (Per person) ~ $ BODILY INJURY (Per ocddenl) $ PROPERTY DMIAGE $ i UMBRELLA LIAG EXCESS LIAB OCCUR CU11MSaADE EACH OCCURRENCE S AGGREGATE S DEO RETENTION S WORKERS COMPENSATION AND EMPLOYERS' L1ABU1Y ANY PROPRIEPCRIPARTNEWEXECunVE YD OFFICERVEIASER EXCLUDED? (Mandatory In NN) liyysfd9desalbeunder DES"1PT24 OF OPERATIONS blow N J A 0TH' EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S EL DISEASE - POLICY LIMIT S A Professional Liability Claims Made Policy Form 031428157 7/18/2013 7/18/2014 $1.000,000 Each Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS ILOCATIO.HS I VEMCLES (ACORD 101, Additronal Remarks Schedule, may bo attached if mora space Is regalred) 0%C0TICII►ATC Ung nCO C-A1Ur_FI 1 ATir1N Dept 3440 CiOf Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Trans ortation Department THE DATE THEREOF. NOIRCE WILL BE DELIVERED IN 2008 Enterprise Drive ACCORDANCEION WITH THE POLICY PROVISIONS Round RACK TX 78664 AUTHORIZED REPRESENTATIVE ��J ��►'iy'i�,tilt•1,3 SA Diane Hoskins ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORO name and logo are registered marks of ACORD CE.'R7 KO.: 20459395 CLIEST CODE: 22RADAKC0¢i ($A) Cindy Rains 6/10/1014 10;10:03 AM (CDT) Qaga I of 2 AGENCY CUSTOMER 10: 22RABAKCON LOC #: c V ADDITIONAL REMARKS SCHEDULE Page of � .AGENCY NAME0INSUREO Wortham Insurance R Risk Mana ement 9 Raba Kistner Inc 12821 W Golden Ln San Antonio TX 78249 PoucYNUMBER 031428157 CARRIER tuuc CODE Lexington Insurance Company 19437 EFFECW9 DATE.: AWITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14 CERTIFICATE HOLDER: City of Round Rock Transportation Department ADDRESS: 2008 Enterprise Drive Round Rods TX 78664 Additional Named Insureds: Raba Kistner Consultants Inc Raba Kistner Infrastructure Inc Raba Kistner Environmental Inc Raba Kistner Facilities Inc Raba Ingenieros S. de R. L. de C. V. RUVMU 7U-1 tAuunfu7) ® 2008 ACORO CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT mr lac.: 204SBI95 CLIM7 COORt 22RARAXCON (sAr Cindy Rains 6/10/2011 10:10:03 AN (CDT) Page 2 of 2