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September 15, 2015 <br />Rock Engineering & Testing Laboratory, Inc. <br />10856 Vandale St. <br />San Antonio, Texas 78216 <br />Contract Number: 214 - 001.17 <br />Attention: Kyle D. Hammock, P.E., Vice President <br />LETTER OF AGREEMENT <br />Dear Mr. Hammock: <br />This letter will serve as an On -Call Agreement (the "Agreement ") between Rock Engineering and <br />Testing Laboratory, Inc. (the "Engineer ") 10856 Vandale St., San Antonio, Texas 78216 and the <br />City of San Marcos ( "City "), 630 East Hopkins, San Marcos, Texas 78666 for Material Testing <br />Services (the "Services ") in connection with various City construction projects (the "Projects "). <br />The Engineer will perform its services in accordance with the list of services attached as <br />Attachment A. The Engineer agrees to perform all of its services in accordance with the attached <br />City of San Marcos Terms and Conditions for Professional Service Agreements (Attachment B). <br />In the event of any conflict between the provisions of Attachment A and the provisions of <br />Attachment B, the provisions of Attachment B will control. <br />The City agrees to pay the Engineer a not -to- exceed fee of $25,000.00 for the satisfactory <br />performance of basic services in accordance with Attachment A. The City may direct the Engineer <br />to perform services outside of the scope of the basic services described in Attachment A. The City <br />is under no obligation to compensate the Engineer for additional services performed without the <br />City's prior approval. Reimbursable expenses, including such things as the expense of <br />reproduction of documents, permit fees, postage, auto travel at current IRS allowance and long <br />distance communications are included in this compensation. The City will compensate the <br />Engineer for its performance of additional services based on the Engineer's standard hourly rate <br />plus expenses as specified in Attachment A. <br />The City will pay the Engineer monthly following the City's receipt and approval of the Engineer's <br />itemized invoices showing direct and indirect labor costs; expenses for materials and supplies and <br />any other reimbursable expenses; and fees for additional services performed and included on the <br />invoice submitted. The Engineer will base its invoices upon the extent of work it has completed <br />on an hourly basis, reimbursable expenses and additional services (if any), less any disputed <br />amounts, pending resolution thereof. Each material change (deletion or addition) in the services <br />to be provided by Engineer must be authorized by the City on the Authorization of Change in <br />CITY HALL a 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 ® 512.393.8150 ® FACSIMILE 855.759.2846 <br />SANMARCOSTX. GOV <br />1 <br />