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R-01-08-23-14F4 - 8/23/2001 RESOLUTION NO. R-01-08-23-14F4 WHEREAS, the City of Round Rock desires to retain engineering services for construction materials testing on the A.W. Grimes Boulevard Construction Project, and WHEREAS, Raba-Kistner-Brytest Consultants, Inc . has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract 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 a Contract for Engineering Services with Raba-Kistner-Brytest Consultants, Inc . , for construction materials testing on the A.W. Grimes Boulevard Construction Project, a copy of said contract being attached hereto 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 amended, and the Act . RESOLVED thi s 23rd day of Augus 1 . I '. Z" i ROB A. STL KA, JR. , Mayor IEST : City of Round Rock, Texas AA AA E LAND, City Secretary 0:\WPDOCS\RESOLUTI\R10823F4.WPD/SC Contract No. STATE OF TEXAS ' COUNTY OF WILLIAMSON ' THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Raba-Kistner-Brytest Consultants, Inc. having its principal business address at 8200 Cameron Road Suite C-154, Austin, Texas 78754 hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Construction Materials Testing (Soil Portland Cement, Concrete,Asphaltic Concrete, and Drilled Piers) for A.W. Grimes Boulevard Construction. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. 1 of 16 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C -Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on December 31, 2002 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $200,000 as shown in Attachment D -Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to 2of16 support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H-2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D -Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty(30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. 3of16 At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will 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; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work,but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty(60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer 4of16 relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds 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 the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 -Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the 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. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense,may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL 5of16 The Engineer shall furnish and maintain, at 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 the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. 6of16 ARTICLE 18 TERMINATION The Contract 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 the City by notice in writing to the Engineer as a consequence of failure by the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination,the 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 the City terminate this Contract under(4)of the paragraph identified above,the amount charged during the thirty(30) day notice period shall not exceed the amount charged during the preceding thirty(30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the 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 the City,the cost to the 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 the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. 7of16 ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required,the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees,performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the 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. 8 of 16 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer,to solicit or secure this Contract and that 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 Contract. For breach or violation of this warranty,the City shall have the right to annul this Contract without liability or,in its discretion,to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents,papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents,papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. 9of16 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification(Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision Computer Graphics Files for Document and Information Exchange,if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 10 of 16 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 address: City of Round Rock Engineer Attn.: City Manager Attn.: Daniel L. Franklin, Jr.,P.E. 221 E. Main St. Raba-Kistner-Brytest Consultants, Inc. Round Rock, TX 78664 8200 Cameron Road, Suite C-154 Austin, TX 78754 with copy to: StephanL. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Thomas E. Word, Jr., P.E. Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 11 of 16 ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. Raba-Kistner-Brytest Consultants, Inc. THE ENGINEER By: Signature Daniel L. Franklin, Jr., P.E. Printed Name Vice President Title July 26 2001 Date City of Round Rock By: Robert A. Stluka, Jr., Mayor LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable 12 of 16 ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: 1. All available schematics, studies, reports, and other information related to the project. 2. Information on City-owned utilities. 13 of 16 ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER 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 7:00 a.m. and 6:00 p.m., including travel time to and from the site unless stated otherwise. Overtime charges will be assessed after nine (9) continuous hours of service rendered during"normal"work hours. 6. Invoices submitted monthly for work in progress will be reported on City of Round Rock Pay Application (attached). Invoices should be mailed to PO 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. 7. All testing will be performed in general accordance with methods described in the Texas Department of Transportation Materials and Test Manual. 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(TEX 104-E, 106-E) 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(TEX 115 E)per 30001.f.per course per travel way for flexible base and, per 5000 c.y. or one foot lift of subgrade, structural fill, and backfill. 4. Additional testing of flexible base will be performed as required by TxDOT. 14 of 16 Attachment B Page 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 TxDOT. 4. Additional samples as required by TxDOT may be taken at the precast plant. 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. 3. Additional samples as required by TxDOT at the plant may be performed when production Exceeds 200 tons per day. DRILLED PIERS 1. Full time observation of pier drilling operations (one materials technician per drilling rig) including: recording a drilled pier log, verifying bearing material, observe concrete reinforcing, and sample and test pier concrete. 2. Engineering review of geotechnical report,pier drilling specifications, and foundation plan. As well as have a geotechnical engineer on site during the drilling of the first pier only. 15 of 16 ATTACHMENT D FEESCHEDULE CONCRETE 1. Materials Technician: $34.00/hr This includes travel time, sampling concrete for slump test, taking temperature of concrete, and casting concrete cylinders 2. Slump Test—ASTM C 143 $0.00/each 3. Compressive Strength of Concrete $12.00/each Cylinders—ASTM C 39 4. Air Content Test—ASTM C 231 $12.00/each 5. Vehicle Travel Charge $16.00/round trip DRILLED PIERS 1. Materials Technician $34.00/hr This includes travel time and full time observation of pier drilling operations (one materials technician per drilling rig) including: recording a drilled pier log, verifying bearing material, observe concrete reinforcing, and sample and test pier concrete. 2. Vehicle Travel Charge $16.00/hr ASPHALT 1. Materials Technician $34.00/hr This includes travel time, sampling asphaltic concrete for laboratory testing, taking temperature of asphalt,performing in place nuclear density testing as requested and coring. 2. Vehicle Travel Charge $16.00/round trip Sieve Analysis (Extracted Aggregate) $130.00/each (TEX-21OF, Part II) Laboratory Molding/HVEEM Stability(3 $125.00/set Specimens/Set) (TEX-206F) Laboratory Density Field Cut Specimens $20.00/each (4-inch Diameter) (TEX-207F) Asphaltic Concrete Coring Equipment $150.00/day ENGINEERING 1. Project Engineer $95.00/hr REPORTING/MAILING FEE 1. Reporting/Mailing Fee 7% of total costs This fee includes the review, typing and mailing of all test report information required for the project. Services provided outside of Raba-Kistner's normal working hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, Holidays, and time in excess of 40 hours per week will be charged at a premium of 1.3 times the hourly rate. 16 of 16 TI r r 1r \� L ' y ex JS d "� G i i Q i i -� CL { y I Y � 1 � t, 1 ) � y •" � � _ I I iL I / I la \� IIII I Il 1 I i 4j ILf ...,�: - 1 , �I�r � •� �� �I y 111�1�i�11 -� �1i J Y_ L) } I N m L� FT T 4 I �• �� I i-� �1�,T, 11 LI�,f � ,y I - l � , I S 13 GRtA r , T . 1 F Lu Llit- 1v • i :• \�l � f lJ-A � -i '`(j � � �� ��C,�':�, ����I��TJ>141 M Tj �� y � '- .�. 1 1 �"��• \� ili� �\ �• �-r .�- fj� ,' -- t �; c i• Yi nr,�t .:1 ice. y `,-+ `�A �It I 1 •' -., �_ ,` \ \�; - — Eel i,' _ 111�� ��f ; '--j \\\- \ 1 -�l,l ITI I l I l 11.11 1 \`�\ L � 1 I 5 T; -T 1 r \\ 1-T iI IIl I7 C A- t\t y1 bat � 1 A \ 1 �yfri __ V �rr� V�1� �.:�\ �-1• y. it 1 DATE: August 17, 2001, 2001 SUBJECT: City Council Meeting—August 23, 2001 ITEM: 141.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Raba-Kistner-Brytest Consultants,Inc.for construction materials testing on the A.W. Grimes Boulevard Construction Project. Raba-Kistner-Brytest Consultants performed the geotechnical study for A. W. Grimes Boulevard. Resource: Jim Nuse, Director Public Works Bill Stablein, Traffic Engineering Associate History: Raba-Kistner-Brytest Consultants performed the Geotechnical Study for A. W. Grimes Boulevard in Round Rock. Raba-Kistner also has excellent construction materials testing facilities. Funding: Cost: $200,000 Source of funds: 4B Transportation Bond Funds Outside Resources: Raba-Kistner-Brytest Consultants. Inc. Impact: To insure that an experienced Engineering and /or technical services are provided for the testing of construction materials during the construction phase of A. W. Grimes Boulevard. Benefit: To have a local and experienced Engineering and technical testing firm on-site for the purpose of construction materials testing with the knowledge of the A. W. Grimes project and the Geotechnical expertise to provide a full service to the City of Round Rock. Public Comment: N/A Sponsor: N/A DATE: August 17, 2001, 2001 EXECUTED DOCUMENT FOLLOWS ORIGINAL Contract No. STATE OF TEXAS ' COUNTY OF WILLIAMSON ' THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Raba-Kistner-Brytest Consultants, Inc. having its principal business address at 8200 Cameron Road, Suite C-154, Austin, Texas 78754 hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Construction Materials Testing (Soil Portland Cement, Concrete Asphaltic Concrete and Drilled Piers) for A.W. Grimes Boulevard Construction. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. 1 of 16 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract,the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on December 31, 2002 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any,work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $200,000 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to 2of16 support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H-2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. 3of16 At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will 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; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer 4of16 relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds 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 the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the 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. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations,plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense,may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL 5of16 The Engineer shall furnish and maintain, at 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 the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. 6of16 ARTICLE 18 TERMINATION The Contract 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 the City by notice in writing to the Engineer as a consequence of failure by the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination, the 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 the City terminate this Contract under(4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty(30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the 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 the City, the cost to the 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 the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. 7of16 ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees,performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the 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. 8of16 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that 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 Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents,papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents,papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. 9of16 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification(Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 10 of 16 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 address: City of Round Rock Engineer Attn.: City Manager Attn.: Daniel L. Franklin, Jr., P.E. 221 E. Main St. Raba-Kistner-Brytest Consultants, Inc. Round Rock, TX 78664 8200 Cameron Road, Suite C-154 Austin, TX 78754 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Thomas E. Word, Jr., P.E. Traffic Engineer 2008 Enterprise Drive Round Rock, Texas 78664 11 of 16 ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. Raba-Kistner-Brytest Consultants, Inc. THE ENGINEER By: Signature Daniel L. Franklin, Jr., P.E. Printed Name Vice President Title July 26, 2001 Date City ou Rock B : ert A. Stluka, Jr., NUyor LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable 12 of 16 ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: 1. All available schematics, studies, reports, and other information related to the project. 2. Information on City-owned utilities. 13 of 16 ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER 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 7:00 a.m. and 6:00 p.m., including travel time to and from the site unless stated otherwise. Overtime charges will be assessed after nine (9) continuous hours of service rendered during "normal"work hours. 6. Invoices submitted monthly for work in progress will be reported on City of Round Rock Pay Application (attached). Invoices should be mailed to PO 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. 7. All testing will be performed in general accordance with methods described in the Texas Department of Transportation Materials and Test Manual. 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(TEX 104-E, 106-E) 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(TEX 115 E)per 3000 Lf. per course per travel way for flexible base and, per 5000 c.y. or one foot lift of subgrade, structural fill, and backfill. 4. Additional testing of flexible base will be performed as required by TxDOT. 14 of 16 Attachment B Page 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 TxDOT. 4. Additional samples as required by TxDOT may be taken at the precast plant. 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. 3. Additional samples as required by TxDOT at the plant may be performed when production Exceeds 200 tons per day. DRILLED PIERS 1. Full time observation of pier drilling operations (one materials technician per drilling rig) including: recording a drilled pier log, verifying bearing material, observe concrete reinforcing, and sample and test pier concrete. 2. Engineering review of geotechnical report,pier drilling specifications, and foundation plan. As well as have a geotechnical engineer on site during the drilling of the first pier only. 15 of 16 ATTACHMENT D FEE SCHEDULE CONCRETE 1. Materials Technician: $34.00/hr This includes travel time, sampling concrete for slump test, taking temperature of concrete, and casting concrete cylinders 2. Slump Test—ASTM C 143 $0.00/each 3. Compressive Strength of Concrete $12.00/each Cylinders—ASTM C 39 4. Air Content Test—ASTM C 231 $12.00/each 5. Vehicle Travel Charge $16.00/round trip DRILLED PIERS 1. Materials Technician $34.00/hr This includes travel time and full time observation of pier drilling operations (one materials technician per drilling rig) including: recording a drilled pier log, verifying bearing material, observe concrete reinforcing, and sample and test pier concrete. 2. Vehicle Travel Charge $16.00/hr ASPHALT 1. Materials Technician $34.00/hr This includes travel time, sampling asphaltic concrete for laboratory testing, taking temperature of asphalt, performing in place nuclear density testing as requested and coring. 2. Vehicle Travel Charge $16.00/round trip Sieve Analysis (Extracted Aggregate) $130.00/each (TEX-210F, Part II) Laboratory Molding/HVEEM Stability(3 $125.00/set Specimens/Set) (TEX-206F) Laboratory Density Field Cut Specimens $20.00/each (4-inch Diameter) (TEX-207F) Asphaltic Concrete Coring Equipment $150.00/day ENGINEERING 1. Project Engineer $95.00/hr REPORTING/MAILING FEE 1. Reporting/Mailing Fee 7% of total costs This fee includes the review, typing and mailing of all test report information required for the project. Services provided outside of Raba-Kistner's normal working hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, Holidays, and time in excess of 40 hours per week will be charged at a premium of 1.3 times the hourly rate. 16 of 16