R-04-11-23-9C2 - 11/23/2004 RESOLUTION NO. R-04-11-23-9C2
WHEREAS, the City of Round Rock desires to retain engineering
services for Phase II engineering services for the design of the
extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming
Springs Drive, and
WHEREAS,PBS&J has submitted a Contract for Engineering Services to
provide said services, and
WHEREAS, the City Council desires to enter into said contract
with PBS&J, 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 PBS&J for
Phase II engineering services for the design of the extension of Creek
Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive, a copy
of said contract being attached hereto as Exhibit "A" and incorporated
herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 23rd day of November, 2 C
4 .
NYLE L, a or
ATTE T: City o ound Rock, Texas
CHRISTINE R. MARTINEZ, City Secret#y
@PMeSktop\::ODMX/WORLDOX/O:/WDOX/RESOLUTI/R41123C2.WPD/SC
1
ROUND ROCK TEXAS
sso
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: PBS&J ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200,Austin, TX 78730
PROJECT: CREEK BEND DRIVE(FROM CREEK BEND CIR. TO WYOMING SPRINGS DR.)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2004 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and 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:
EXHIBIT
L]T ll
Engineering Services Contract Rev.09/07/04
File Name: pbs&j-creekbend;75048 00064494
1
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part 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 fully 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 the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract 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. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. 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) Work 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 construction of the project 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) Notice to Proceed. 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.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Seven Hundred Twenty-eight Thousand and No/100 Dollars ($ 728,000.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
1b
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 per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress 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 tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which 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 funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the 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
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
David Bartels
Transportation Project Manager
212 Commerce
Round Rock, Texas 78664
Telephone Number(512) 218-5562
Fax Number(512) 218-3242
Email Address dbartels(a,round-rock.tx.us
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:
C. L. Roy Mynier,P.E.
PTOE/Program Manager
6504 Bridge Point Parkway, Suite 200 0
Austin, TX 7873U o
Telephone Number (512) 342-3249
Fax Number (512) 327-2453
Email Address clmynier(a-),pbsj.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 features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of 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 a significant
impact upon the progress of the Engineering Services, including but not limited to 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 project 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.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
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.
6
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
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 City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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
immediately be removed from association with the project 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 16
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.
7
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 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this 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 fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all 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.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above,then the 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 the project 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, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
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.
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.
9
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. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION.FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
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, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
10
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 future 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 E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
11
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this 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 matter 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 the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this 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:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Keith Jackson
Vice President
PBS&J
6504 Bridge Point Parkway, Suite 200
Austin, TX 78730
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 fully
responsible for his/her/its delays or for failures to 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 from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This 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 furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(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 terms 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 and 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 APPROVED AS TO FORM:
By:
Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney
ATTEST:
By:
Christine Martinez, City Secretary
PBS&J
a
By:
SiAnX4,e of Principal
Print- Name: Md f^k, _J�s aaK
14
LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
15
EXHIBIT A
CITY SERVICES
The City of Round Rock Public Works Department will furnish to the Engineer
the following items/information:
PHASES II
FC110 ROUTE & DESIGN STUDIES
1. Perform Traffic Evaluations and Projections (existing counts and design
year projections necessary to prepare traffic control plans).
a. Direction of flow and number of lanes on all roadways.
b. Proposed typical sections for all roadways (including cross streets).
2. Develop Roadway Design Criteria based on ITE standards.
3. Preliminary right-of-way (ROW) requirements.
4. Conduct design concept conference (DCC).
5. As-built plans of existing Creek Bend, Brushy Creek Road (Hairy Man
Road), Brushy Creek Bridge, Brushy Creek Hike and Bike Trail and
other facilities adjacent to this project, as well as criteria for
establishing additional geotechnical requirements (as necessary).
6. Utility information (plans, maps, etc.) archived within the City of
Round Rock.
7. Subdivision plats and site plans along the Creek Bend corridor.
FC120 ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
8. Provide guidance on selecting appropriate stakeholders for public
meeting.
9. Attend public meeting and provide supporting information as desired
by the City.
FC130 RIGHT-OF-WAY(ROW)
1. Assist in obtaining right-of-entry (ROE).
2. Assist in the utility coordination process.
3. Assist in the ROW acquisition process.
4.
FCI5O FIELD SURVEYING AND PHOTOGRAMMETRY
Provide all available survey information to date
FC16O ROADWAY DESIGN CONTROLS
1. Provide design speed and specific design criteria for the project.
2. Provide guidance on disposition of terminating existing Brushy Creek
Road (Hairy Man Road) on either side of proposed Creek Bend Corridor
and corresponding removal of existing Brushy Creek Bridge.
FC161 DRAINAGE
1. Provide available information on existing drainage facility.
2. Provide hydraulic design criteria for project design.
3. Assist with coordination of hydraulic design and submission of CLOMR
to FEMA Administrator and US Corps of Engineers.
4. Provide standard details as necessary.
FC163 MISCELLANEOUS (ROADWAY)
1. Provide direction necessary to permit decisions for aesthetic treatment
of structures and landscaping.
2. Provide noise abatement coordination and design.
3. Attend utility coordination meetings.
4. Prepare and coordinate any required Utility Agreements.
5. Provide standard detail sheets, general notes library, and specifications
as necessary.
EXHIBIT B
ENGINEERING SERVICES
PHASE II
FCI2O ENVIRONMENTAL STUDIES
6. Ecological Investigations — This phase will continue the field effort of
Phase I to determine the baseline level of ecological resources. The
Engineer's ecologists will conduct a field investigation of all remaining
areas in order to determine the current baseline conditions. The
investigation will not commence until the centerline and/or project
limits are identified on the ground. During the field effort, the
ecologists will evaluate an area 250 feet perpendicular from the
centerline of the proposed project. This field investigation will
determine the current vegetative community, verify the soils present
on site, and identify any lands that are jurisdictional under Section 404
of the Clean Water Act and the presence of any suitable habitat for
federally protected species. The Engineer's geologist will also walk the
areas, using FWS protocol to identify any surface indications of karst
features that may contain habitat for federally protected species. The
geologist will not hand excavate or otherwise attempt to obtain body
passage into any documented karst features within the project area.
The results of the Phase I literature search and the results of the
Phase I and Phase II field efforts will be presented in a final technical
memorandum and will be completed within approximately 6 weeks of
receiving the right of entry. This final memorandum will include a
discussion of possible permitting options, if applicable. This final
memorandum will also include a description and figure(s) illustrating
the limits of any lands that are jurisdictional under Section 404 of the
Clean Water Act, any karst features and any habitat that is suitable for
utilization by federally protected species. This information will be
based on the research methods described above. Included along with
this final memorandum will be representative color photographs of the
project area and photographs of any specific features that the
ecologist/geologist feels are appropriate.
Ecological Permitting — This phase will involve coordination with the
City to discuss permitting options relative to ecological constraints,
and development and submittal of a Nationwide Permit 14 pre-
construction notification to the U.S. Army Corps of Engineers, if
applicable. Coordination efforts with the U.S. Army Corps of Engineers
and U.S. Fish and Wildlife Service will be required. This scope includes
costs for limited informal coordination efforts with these agencies,
limited correspondence, and two meetings. After discussion of the
final memorandum with the City, the Engineer will submit a copy of
the final memorandum to U.S. Fish and Wildlife for comment on
potential impacts to threatened and endangered species. If protected
species are potentially present and require formal Section 7
consultation between federal agencies and/or Section 10(a)
permitting, the Engineer will prepare a scope and cost estimate to be
provided under separate cover. Phase II does not include costs for
preparation of an Individual Permit, compensatory mitigation plan, or
endangered species formal consultations or permitting with U.S. Fish
and Wildlife Service. If these services are required, a scope and cost
estimate will be provided under separate cover.
2. Cultural Resources Investigations - Phase II services will include
development of a research strategy and permit application as needed
to acquire a Texas Antiquities Code permit for required archaeological
and historical investigations. Development and approval of a TAC
permit will require consultation with the Texas Historical Commission
staff and local historical agents. Depending on the type and extent of
federal jurisdiction over this project, probably limited to the flood plain
associated with Brushy Creek, consultation with the U.S. Army Corps
of Engineers' cultural resource staff may also require additional
regulatory compliance efforts in accordance with Section 106 of the
National Historic Preservation Act. The results of the field
investigations and the agency coordination may identify cultural
resource sites and conditions that will warrant further investigation
and/or efforts to redesign the project. If additional investigations are
necessary, these services can be provided under supplemental
agreement if authorized by the City.
FCI30 RIGHT-WAY-ROW (ROW)
1. Coordination Meetings and general project coordination. This task will
remain in affect until the submission of all Phase 2 survey deliverables.
Additional Deed, Utility and Right-of-Way Research will provide for additional
information needed on properties previously not allowing right-of-
entry. This does not include title abstracting for fee ownership or legal
opinions .of record documents including easements.
7. Boundary and Platted Right-of-Way Surveys sufficient to provide
proposed roadway alignments. This provides for the boundary surveys
of existing parcels, lots, plats and existing right-of-ways needed on
properties previously not allowing right-of-entry.
8. Provide right-of-way documents for parcel acquisition, not to exceed
four (4), along the desired route. These surveys will be produced
based on a Category 2 Route Survey, Condition III, Suburban, as
defined by the Manual of Practice, 1999 Revised Ninth Edition for Land
Surveying in the State of Texas, except as may differ within the
specifications contained herein, or by the client. This proposal does not
provide for whole tract purchases, or the resolution of any property
line or corner disputes, if in fact any exist. Any boundary line
agreements or resolutions beyond record deed lines may be identified
and exhibits supplied to the client, or their agent, as additional work
orders, if needed. Metes and bounds legal descriptions and plats will
be produced on each parcel as needed and delivered on 8.5"x14" legal
bond as Exhibit A, containing the description and accompanying
sketch, or map, as a two part document. These will be based on the
most current ownership information collected from the Williamson
County appraisal district files. Any land swaps, quitclaims, or
subdivisions causing additional parcels or additional deeds will be
considered additional services. In addition to the parcel field notes and
sketches, PBS&J will provide a right of way plan using the TxDOT
format, excluding cover sheet that includes information from the title
commitments, as provided by the City, parcel and easement field
notes and sketches and a tabular presentation of the parcels and
easements.
9. Slope Easement Descriptions and Exhibit Maps will be prepared for not
more than four (4) slope easements, and one (1) drainage easement
for water quality facilities, if needed along the final route. These will be
delivered on 8.5"x14" legal bond as Exhibit Al containing the
description and accompanying sketch, or map, as a two part
document. This does not include any staking or monumentation of the
easements. If slope easements become fee taking right-of-way
parcels, then monumentation and other considerations would be
required as additional services.
FC150 FIELD SURVEYING
Coordination with Roadway Designer, project manager and surveyor
provides for, but is not limited to, data exchange, meetings and
general project coordination. This task will remain in affect until the
delivery of the Phase 2 mapping.
10. Horizontal and vertical control by conventional and global positioning
methods needed on properties previously not allowing right-of-entry.
11. Topographic and planimetric mapping of the proposed corridor of
properties previously not allowing right-of-entry, verifying existing
available elevation data supplied by the client. This will include
mapping of existing curbs, pavements, visible and exposed utilities,
structures, drainage facilities and other improvements that may affect
design criteria.
12. Tree Surveys of the 250-foot wide corridor within Brushy creek 100-yr
floodplain will consist of mapping and tagging 12 inch and larger
hardwoods.
13. Borehole location surveys will be provided along the corridor at 20
locations.
14. Centerline and ROW staking will be done on one hundred foot stations
along the corridor for environmental and geotechnical investigation
purposes.
15. PC/PT control and monumentation on ROW allows for the
monumentation and control staking for points of curvatures and points
of tangency along both proposed right-way and proposed centerline.
These will be staked with brass caps 1/2 inch iron rods.
16. ROW/Easement/Boundary/Intersection staking and monumentation
allows for the monumentation of the proposed right-of-way at the
intersection of parcel property lines at right-of-ways. These will be
staked with brass caps 1/2 inch iron rods.
17. Brushy Creek cross-sections will be provided along Brushy Creek at
the proposed bridge area. This will include three upstream sections,
and three downstream sections from the proposed crossing. Each
section will be at significant length (approximately 700 feet in length)
as to model channel.
FC160 ROADWAY DESIGN CONTROLS
18. Refine the horizontal and vertical alignment of roadways based upon
the approved schematic.
2. Provide design cross-sections.
3. Compute earthwork quantities.
4. Prepare typical sections.
5. Complete plan/profile sheets while addressing pedestrian needs
including hike and bike trails, sidewalks, wheelchair ramps and
construction phasing, if needed.
6. Develop intersection, driveway and cul-de-sac (permanent road
closure) details for both Creek Bend and Hairy Man Road.
7. Miscellaneous roadway details.
FC161 DRAINAGE
19. Prepare drainage area maps showing existing conditions and proposed
improvements.
2. Prepare hydraulic computations for, bridges, channels, storm sewer
and inlets.
3. Prepare hydraulic data sheets.
4. Analyze and modify existing hydraulic model of Brushy Creek to reflect
the proposed Brushy Creek Crossing structure.
5. Determine limits of required drainage facilities outfall structures and
water quality facilities.
6. Develop plan sheets for both new storm sewer and existing storm
sewer systems.
7. Prepare Storm Water Prevention Plans (SW3P) plans.
8. Water Quality.
a. Prepare and process Water Pollution Abatement Plan (WPAP)
through acceptance by TCEQ.
b. Prepare water quality facility design if required.
9. Perform Level 1 scour analysis for proposed Brushy Creek Bridge
structure.
10. Summary of quantities for drainage items.
11. Prepare SW3P quantities and summaries.
FC162 SIGNING, MARKINGS AND SIGNALIZATION
20. Prepare signing and pavement markings layout.
2. Prepare summary of small signs.
3. Prepare summary of pavement markings.
FC163 MISCELLANEOUS (ROADWAY)
21. Prepare retaining wall layouts and details.
2. Prepare Traffic Control Plan (TCP).
a. A detailed TCP shall be developed for adjacent roadways under
traffic utilizing the MUTCD and the current TxDOT Barricade and
Construction Standards. Each phase will identify the existing and
proposed traffic control devices that will be used to handle traffic
during each sequence of construction, including regulatory signs,
warning signs, construction warning signs, detour signs,
construction pavement markings, channelizing devices, portable
changeable message signs, flashing arrow boards, barricades,
barriers, etc.
b. Prepare a narrative of the construction sequencing, including
acceptable construction work hours and construction material(s)
haul routes.
c. Prepare roadway detour details as required.
d. Develop TCP quantities and summaries.
3. Prepare illumination plan layouts for roadway, intersections, and
bridge structure.
4. Prepare special utility details (water or sanitary sewer as required).
5. Prepare landscape development miscellaneous details as required.
6. Prepare estimate, specifications and general notes.
7. Prepare special specifications as required for non-standard items if
required.
8. Geotechnical design.
a. Establish test hole locations.
b. Tie test hole locations to project survey datum.
c. Drill test holes.
d. Perform Pavement design.
e. Evaluate, interpret and determine geological features.
f. Prepare Geotechnical report.
9. Prepare construction cost estimate based on construction phasing, if
needed.
10. Develop construction time estimate based on construction phasing, if
needed.
FC17O BRIDGE DESIGN
22. Develop Bridge Layouts for Brushy Creek Bridge and Hairy Man Road
Access Bridge.
a. Bridge Layouts (PLAN).
1) Horizontal curve information or bearing of centerline.
2) Including horizontal, vertical, and template information of all
roadways or railroads crossed.
3) Bearing of centerline or reference line.
4) Skew angle(s).
5) Slope for header banks and approach fills.
6) Control stations at beginning and ending of bridge (with deck
elevation), intersections, etc.
7) Bridge roadway width and curbs, face of rail, shoulders, or
sidewalks.
8) Bridge end treatments (cement stabilized backfill details, etc.)
9) Limits and type of riprap.
10) Proposed features under structure.
11) Location of profile grade line.
12) North arrow.
13) Typical bridge roadway section including preliminary proposed
beam types and spacing.
14) Cross slope and superelevation data.
15) Minimum horizontal clearances will be calculated and indicated
(dimensioned) to controlling features, when applicable.
16) Location of soil core holes (station and offset), shown on
layout.
17) Bent stations and bearings.
18) Retaining wall locations.
19) Traffic flow directional arrows.
20) Railing types shown (use single slope railing unless otherwise
directed).
21) Joint types and seal size, if used.
22) Beam line numbers consistent with span details.
23) Critical horizontal clearances (location of railroad tracks,
nearby structures and utilities).
24) Bearings of utilities.
25) Overhead sign bridge locations, if applicable.
2. Bridge Layouts (ELEVATION)
1) Type of foundation.
2) Finished grade elevations at beginning and end of bridge.
3) Overall length of structure.
4) Length, type of spans and units.
5) Type of railing.
6) Minimum calculated vertical clearance(s).
7) Existing and proposed ground lines clearly marked.
8) Grid elevations and stations.
9) Bent numbers encircled.
10) Stationing of bridge compatible with grid stations.
11) Standard title.
12) Profile grade data.
13) Type of riprap.
14) Soil Core Hole information with penetrometer test data shall
be shown on the bridge layout at correct station, elevation and
scale.
15) Dowel locations at all bents.
16) Column "H" heights.
17) Number, size and length of foundations.
18) Overhead sign bridge locations.
3. Additional layout requirements for the Brushy Creek Bridge.
Design and 100-year peak discharges and velocities.
4. Bridge Estimate, Quantities, and Specifications.
5. Foundation Studies (cost estimate included with Function Code 110).
The minimum number of soil core holes shall be obtained in
accordance with Section 1-30 1 of the TxDOT Bridges and
Structures Foundation Exploration and Design Manual. Soil core
holes shall be obtained at approximately 200 foot intervals along
bridge alignments.
6. Bridge Total Quantities and Cost Estimates.
7. Bridge Special Provisions and Specifications.
8. Develop Bridge Aesthetics Details (coordination with and approved by
City).
9. Bridge Design.
a. Bridge design will be in accordance with the latest edition of the
American Association of State Highway and Transportation Officials
Standard Specifications for Highway Bridges (AASHTO).
b. The engineer shall prepare a bridge layout of each bridge structure
for City of Round Rock review and approval. The bridge layout shall
be in conformance with the TxDOT Bridges and Structures,
Operation and Planning Manual and the Bridges and Structures,
Detailing Manual. Soil core hole data is not required for submission
of the preliminary bridge layout. No bridge design work is to be
performed until the City has given the Engineer written approval of
the preliminary bridge layout.
c. Several months may be required, after the preliminary bridge
layout is submitted, to obtain approval and/or permits from the
following:
1) TNRCC.
2) U.S. Army Corps of Engineers.
3) Texas Parks and Wildlife.
DELIVERABLES
60% Submittal
1. 11"x17" plan sets to include all required plan sheets
2. 90% construction cost estimate
3. A list of Special Provisions and General Notes
4. Special specifications as needed
95% Submittal
1. 11"x17" plan sets to include all revised plan sheets and corresponding
redlines
2. 95% construction cost estimate
3. A list of Special Provisions and General Notes
4. Special specifications as needed
100% Submittal
1. Obtain required environmental clearance letters and permits
2. One final signed and sealed set of 22"X34" full-scale Mylar drawings, two
22"X34" copies of signed and sealed Mylar, and twenty-five 11"X17"
paper copies of the final Plans, Specification and Estimates (PS&E). Bid
Packages and Proposals will be complete and suitable for bidding and
award of a construction contract.
3. One (1) electronic file of drawings, cross sections and supporting data
4. 100% cost estimate
5. Twenty-five (25) sets of 11"X17" final design cross sections (paper
copies) with earthwork quantities
Other Project Deliverables
1. Rough Order of Magnitude Cost Estimate
2. Final Ecological Investigations Technical Memorandum
3. Monthly Progress Reports (Summary of Engineering Design). As
indicated in Article 4, Compensation, the Engineer shall submit monthly
progress reports, which are also referred to as a Summary of Engineering
Design. The reports shall detail the progress and accomplishments of the
Engineer and subcontractors and support the payments requested on
monthly invoices. The reports shall indicate progress and
accomplishments by the functional classifications as identified in
Attachment B, Services to be provided by the Engineer. The City has a
preferred form, but the Engineer's form is acceptable.
4. Right-of-Way Plan
5. Parcel Descriptions and Exhibit Maps
6. Slope Easement Descriptions and Exhibit Maps
7. Invoices. The Engineer shall submit invoices as indicated in Article 5,
Method of Payment. In addition to the invoice, the Engineer shall submit
an Invoice Summary Sheet, Subcontractor's Summary and a financial
Progress Report. The City has preferred forms, but the Engineer's forms
are acceptable as long as the content meets the City's requirements.
REFERENCES
1. Standard Specifications for Construction of Highways, Streets, and
Bridges - TxDOT.
2. Special Provisions and Special Specifications - TxDOT.
3. PS&E Preparation Manual = TxDOT.
4. Division of Bridges and Structures Operation and Planning Manual -
TxDOT.
5. Division of Bridges and Structures Hydraulic Manual - TxDOT.
6. Division of Bridges and Structures Design Examples - TxDOT.
7. Division of Bridges and Structures Bridge Design Guide - TxDOT.
8. Division of Bridges and Structures Detail Manual - TxDOT.
9. Division of Bridges and Structures Foundation Exploration and Design
Manual TxDOT.
10.Standard Specifications for Highway Bridges - AASHTO.
11.Division of Highway Design Operations and Procedures Manual - TxDOT.
12.Division of Highway Design Operations and Procedures Manual Part IIB -
Environmental and Public Involvement Procedures during Project -
Specific Planning and Development - TxDOT.
13.A Policy on Geometric Design of Highways and Streets (""The Green
Book") AASHTO.
14.Highway Capacity Manual Special Report 209 - Texas Research Board
(TRB).
15.Technical Advisory T6640.8A - FHWA.
16.Noise Guidelines - TxDOT.
17.Air Quality Guidelines - TxDOT.
18.Flexible Pavement Design Manual - TxDOT.
19.Guide for the Design of Pavement Structures, 1996 - AASHTO.
20.Texas Manual on Uniform Traffic Control Devices - TxDOT.
21.Standard Highway Sign Designs for Texas - TxDOT.
22.Standard Specifications for Structural Supports for Highway Signs,
Luminaries and Traffic Signals - AASHTO.
23.Utility Accommodation Policy - TxDOT.
24.Utility Manual -TxDOT.
25.Division of Right of Way, ROW Manual - Book I - TxDOT.
26.Division of Right of Way, ROW Manual - Book II - TxDOT.
27.Code of Federal Regulations, Title 23 - "Highway" - Federal Register.
28.Administrative Order No. 5-89 - Signing, Sealing and Dating of
Engineering Documents - TxDOT.
29.Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating
Procedures for Department Engineering Documents - TxDOT.
30.Administrative Circular No. 25-84 - Soils Information for High Mast
Lighting, Overhead Sign Bridges, and Retaining Walls - TxDOT.
31.Administrative Circular No. 33-87 - Preliminary Retaining Wall Layouts to
be submitted to Division of Bridges and Structures - TxDOT.
32.Administrative Circular No. 25-92 - Division of Bridges and Structures to
be responsible for all geotechnical engineering support for foundations,
retaining walls, and embankment stability and settlement - TxDOT.
33.Institute of Transportation Engineers (ITE) "Guidelines for Urban Major
Street Design - A Recommended Practice".
34. Draft "Transportation Criteria Manual" - City of Round Rock
35.Draft "Drainage Criteria Manual" - City of Round Rock
36.Draft "Standards and Specifications Manual" - City of Round Rock
EXHIBIT C
Design Schedule
Creek Bend Extension-Phase 2
ID 'Task Name Duration start Finish October 20 November December January 20 February March 2005;April 2005 :May 2005 June 2005;July 2005 August 200 September OdOber
20 November December
....._.._S. .._.... ..... _...... ....._._. :._._..
r ._..._. ._... .on
._....._. .Y _ _.li f_.._.....__
�1 .PHASE II FCN 720 Social,Economic,Environmental 166 da s Wed 7113104 Tue 1118105
........_ __.__ ........... L- ....i .
"-2 _Ecological investigation 115 days'.. Wed 11/3/04 Tue 4/12/OS
_____.,
3 i Cultural resources 115 days'.. Wed 11/3/04 Tue 4/12/051
5 -FCN 130 Right of Way 10 days', Wed 1113104 Tue 11116104 1
6 Right of Way Documents 10 days Wed 11/3/04 Tue 11/18/04 5
7 -
_ 8 FCN 150 Field Survey•Aerial Subconsultent .. 40 days', Wed 11117104 Tue 1117106
..g - Ground Survey Topo 30 days
--10 Geotech Survey 10 days Wed 1229!04 Tue 1/11/05
...11 Utility Survey 40 days Wed 11/17/04 Tue 1/11/05 i
13 FCN 160 Roadway PSdE 180 days Wed 1112105 Tue 9120105:
.....{ Wed 1/12/05 Tue 920/05', y °'
14 Roadway 160 des
y Plans
now
18 EFCN 16/Dninag"ill
- 180 days' Tu111
Tue 311105 Mon 7105
17 i Drainage Design 180 days Tue 3/1/05 Mon 1 U//05
......_....._ ............. ._....... i;. ..
1/05 Mon BIt/05
18 i WPAP-__ - --- 110 day11 s Tue 3/ 1 ,-_-71 F ,7777M z =^ =''�— T
.......20 FCN 162 Signing,Pavement Markings,Signalimion 40 days- Tue 9113105 Mon 1117105
......21.. Final Signing Layouts - 46 days: Tue 9/13/05 Mon 11q/05 1
22 Final Pavement Marking and Delineation Layouts 40 days Tue 9/13/05'. Mon 11!7/05 i _
24_ FCN 163 Miscellaneous Roadway 36 days: Wed 9121105 Tue 1118105:
Final Traffic Control Plan 8 Narrative 20 days' Wed 9121/05 Tue 10/18/05 --
._.-26 Illumination Layouts 15 days', Wed 10/19/05 Tue 11/8/05
_...
27 Prepare Estimate,Specifications 5 General Notes 35 days Wed 921/05 Tue 1118/05
1
28 Construction Cost and Time Estimate 15 days' Wed 10119/05 Tue 11/8/05
29
Mow
- _ 285 da s'1 Wed 1113164 Tu a 1118105
30 FCN 170 Bridge Design y
265 days Wed 11/3104 Tue 11/8/05
31 Bridge Layout and Details
32 I
--33FCN 361 Front End Construction Documents 20 days Tua 101/005 Mon 10131105E r�
34- `; Prepare Construction Bid Documents 20 days Tue 10/4/05 Mon 10/31/05' '
-36 60%Submhtal 0 days'. Thu 5/5/05 Thu 5/5/05; 515
.. 19130
0 days Fd 9/9010S Fri 9/30/05 1
37 90%Submittal-
38 100%Submittal 0 days Tue 11/1105 Tue 11/1/05; ♦11/1
Project:Creek Bend-Phase 2
Task Progress Summary ^ ...External Tasks Deadline ..... `,
Date:Thu 8/12/04 Split Milestone Project Summary External Milestone.
Page 1
EXHIBIT D
PBSW Classification Summary
Creek Bend Extension Phase 2
Work Authorization No.2
PHASE PHASE2 TOTAL
Classification Hours Hourly Rate Labor Cost Hours Hourly Rate Labor Cost Hours Hourly Rate Labor Cost
Principal 0 $150.00 $0 72 $150.00 $10,800 72 $150.00 $10,800
Project Manager 0 $150.00 $0 192 $150.00 $28,800 192 $150.00 $28,800
Sr Trans/StructEngineer 0 $140.00 $0 743 $140.00 $104,020 743 $140.00 $104,020
Sr Engineer 0 $130.00 $0 544 $130.00 $70,720 544 $130.00 $70,720
Design Engineer 0 $95.00 $0 761 $95.00 $72,295 761 $95.00 $72,295
EIT 0 $80.00 $0 898 $80.00 $71,840 898 $80.00 $71,840
Sr Scientist/Sr EnvPlnr 0 $100.00 $0 223 $100.00 $22,300 223 $100.00 $22,300
Scientist/Env Plnr 0 $70.00 $0 294 $70.00 $20,580 294 $70.00 $20,580
RPLS 0 $95.00 $0 159 $95.00 $15,105 159 $95.00 $15,105
GPS Tech 0 $75.00 $0 24 $75.00 $1,800 24 $75.00 $1,800
3 Man Crew 0 $125.00 $0 266 $125.00 $33,250 266 $125.00 $33,250
CADD Designer 0 $85.00 $0 1,950 $85.00 $165,750 1,950 $85.00 $165,750
Clerical 0 $60.00 $0 182 $60.00 $10,920 182 $60.00 $10,920
Architect 0 $90.00 $0 0 $90.00 $0 0 $90.00 $0
Sr Inspector 1 0 $100.00 $0 0 $100.00 $0 0 $100.00 $0
Total Labor 0 $0 6,236 $617,380 6,236 $617,380
PBSW Expenses Phase 1 $0.00
PBSW Expenses Phase 2 $4,020.00
PBSU Total Fee $617,380.00 PBSW Total Fee(excluding Survey,Geotech,and Architect) $578,025
SUBCONSULTANTS Phase 1 $0.00
Fugro Consultants(Geotech) $80,400.00 Phase 2 $578,025.00
RVI Consultants(Architect) $26,200.00
Project Total Fee $728,000.00
00075076.XLS Page 1 of 1 10/19/2004
EXHIBIT E
Certificates of Insurance
11/09/2004 14:49 5122183242 TRANSPORTATION SVC PAGE 02
CERTIFICATE OF LIABILITY INSURANCE Data: 10/19/2004
MODUCBR COMPANIES AFFORDING COVERAGE
Collinsworth,Alter,Fowler,Dowling&French Group Inc
P.O Box 9315 A-Sentry Inz ranee A Mutual Company A+XV
Wiami Lakes,FL 33014-9315
B.Steadfast Insurance Company A XV
INSURED C.Lloyds of London A XV
Post,Buckley,Schuh&7ernigan,Inc.
20011, W 107 Avenue D
Miami,FL 33172-2507
THIS IS TO CERTIFY THAT the IILStlred named above is insured by the Companies listed above with res to
the business operations hereinafter described, for the types of insurance and in accordance with the provis ns of
the standard policies used by Wt; companies, and further hereinafter described. Exceptions to the polic es are
noted below.
CO TYPE OF RgSURANCE POLICY (EFFECTIVE EXVIRATION LIMITS
LTR NUMBER DATE DATE
A CENTRAL LIABILITY 90-15807-03 9/30/2004 91301M GENERAL AGGR.E(IATfi =2.000,000
PRODUCTS-COMPIOP AGG, $2,000,000
PERSONAL&ADV. INJURY S 1.000.000
EACH OCCURRENCE S 1.000,000
FMU DAMAGE(Ayy uue tire) $1.000,000
MRD_EXPENSE(Aay one pcson)S 25,000
A AUTOMOBILE L1ATin.rrY 90.15907-04& 9V30/'2001 9/90!0005
90-15807-05 COMBINED SINGLE LIMn $1,000,000
BODILY INJURY(Pec person) $
BODILY INJURY(Per acciden) $
PROPERTY DAMAGE S
B SXCFM LMEtM17Y AVC-14MM100 9/.10/2004 9!30/1005 EACH OCCURUNCE S 10,000,000
AGG"GATE $10,00 000
A Wf P*SRS'C0MPWSAn0N 90 15907 01& %90/2004 9/30/2008 STATUTORY LIMITS X
AND EMPLOYERS'LL48UXrY 90-15807-02 EACH ACCIDENT S110001000
DISEASE.POLICY Lu4rr $1.000,000
DISEASE-EACH EMPLOYEE S1,000,000
C PROFMIONAL LiABLLTCY P42304 9130/200¢ 9/30/2005 Ea*C1Wm and Azuid Aggregate $1,000,000 t
Retrodrdc 11/1111961
DESCRIrl ION OF OPERATIONS/LOCATi HICLESISPECIAL ITEMS/EXCEPTIONS
'Ilse City of Round Rods is axwd as addiliollal illsared win respect»v all polices except `WockcrS' Corupewatim and &T DycW
Liability' and 'Professional Lbbi>•i % Sh011d any of dpe above desglbed polices be Cuzcelled or d=2ed before dte miratir rt &Ute
thcreot"111e bsWR cORWRY will and flirty C3%days wrkim notice m the certi/Ate holder camel below.
CERTIFICATE HOLDER: Cky Manage
Chy of Round Knox SIGNATURE OF AUTHORIZED REPRESENTA'IT,V
221 F-Mart Street
Rowed Rack,Texas 78664 Wmade 1•oa'aa bd 4
Typed Nam. w.Meade Colklmor&
Tide.• President
City ofRamd Rod:04-05 ComplatccUsp=nustar ERHIBIT "A" Revised
�O+y �\FFPN eF�T TRFFtoOp GRO�FDR a
O P
l�O� wN/TF O �
3,A4
W RSENO pE�
AM BASg RD AKLOOP O CEpP
v CREEK BEND CIR
��
O�
p O� O�
O}� �46- O�� v0 �00
Sp\Np\El0p SER 40
-o
m
<
Q OG
�O
O
m
= w 3 FALCON DR
w
O = y2
BRIGHTWATER BLVD O
Z �.0 O OA
00
O`'��e N� PRS\NC'pR O� P�RO`N O y R\NG C\R
-1 2 S( Sp O y 6 ESP
GPS GN 03 O w
�G+ ASR /RONwEED RUN <G� O ',)A ��Z
<�YDR LARK
OR C, -OC�\NGB\Rp pR RWAfER DR
FIELD M CLEA
Creek Bend Blvd Extension
Creek Bend Circle to Wyoming Springs Drive
DATE: November 18, 2004
SUBJECT: City Council Meeting - November 23, 2004
ITEM: 9.C.2. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with PBS&J, Inc. for Phase II engineering
services for the design of the extension of Creek Bend Boulevard
from Creek Bend Circle to Wyoming Springs Drive.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director of Transportation Services
Justification:
This roadway extension will provide a new north-south crossing of Brushy Creek, which will
improve access to Round Rock Hospital and Round Rock High School and provide access for
emergency services.
Funding:
Cost: $728,000
Source of funds: Capital Project Funds (2001 GO Bond)
Outside Resources: PBS&J, Inc.
Background Information:
The extension of Creek Bend Blvd. is a 2001 GO Bond project. PBS&J has completed Phase
I engineering for construction of a 4-lane divided arterial from Creek Bend Circle to
Wyoming Springs Drive. The arterial will include a bridge that crosses Brushy Creek.
PBS&J, Inc. has agreed to complete the Phase II engineering, which includes preparing
plans, specifications and estimates, and provide bidding services.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
jiOUND
ROCK,TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: PBS&J ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200,Austin, TX 78730
PROJECT: CREEK BEND DRIVE (FROM CREEK BEND CIR. TO WYOMING SPRINGS DR.)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the a3 day of 7jMJLLM hjA,/, 2004 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and 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:
R o4-I1-a3-gCaj
Engineering Services Contract Rev.09/07/04
File Name: pbs&j-creekbend;75048 00064494
1
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part 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 fully 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 the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract 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. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. 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) Work 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 construction of the project 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) Notice to Proceed. 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.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Seven Hundred Twentv-eight Thousand and No/100 Dollars ($ 728,000.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
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 per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress 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 tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which 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 funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the 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
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
David Bartels
Transportation Project Manager
212 Commerce
Round Rock, Texas 78664
Telephone Number(512) 218-5562
Fax Number(512) 218-3242
Email Address dbartels(around-rock.tx.us
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:
C. L. Roy Mynier,P.E.
PTOE/Program Manager
6504 Bridge Point Parkway, Suite 200 n
Austin, IX "/8"/30 0
Telephone Number (512) 342-3249
Fax Number (512) 327-2453
Email Address clmymei-4,pbsi.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 features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of 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 a significant
impact upon the progress of the Engineering Services, including but not limited to 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 project 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.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
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.
6
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
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 City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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
immediately be removed from association with the project 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 16
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.
7
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 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this 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 fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all 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.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the 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 the project 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, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
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.
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.
9
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. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
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, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
10
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 future 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 E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
11
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this 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 matter 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 the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this 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:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Keith Jackson
Vice President
PBS&J
6504 Bridge Point Parkway, Suite 200
Austin, TX 78730
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 fully
responsible for his/her/its delays or for failures to 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 from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This 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 furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(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 terms 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 and 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 erformance of the terms and provisions hereof.
CITY OF R D OT AS j1teh
ED AS T FORM:
By:
N ell, ay L. Sheets, City Attorney
ATT T:
By.
Christine Martinez, City Secretary
PBS&J
By:
Si n e of Principal
Printe Name: MaK SS QaK
14
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
15
EXHIBIT A
CITY SERVICES
The City of Round Rock Public Works Department will furnish to the Engineer
the following items/information:
PHASES II
FC11O ROUTE & DESIGN STUDIES
1. Perform Traffic Evaluations and Projections (existing counts and design
year projections necessary to prepare traffic control plans).
a. Direction of flow and number of lanes on all roadways.
b. Proposed typical sections for all roadways (including cross streets).
2. Develop Roadway Design Criteria based on ITE standards.
3. Preliminary right-of-way (ROW) requirements.
4. Conduct design concept conference (DCC).
5. As-built plans of existing Creek Bend, Brushy Creek Road (Hairy Man
Road), Brushy Creek Bridge, Brushy Creek Hike and Bike Trail and
other facilities adjacent to this project, as well as criteria for
establishing additional geotechnical requirements (as necessary).
6. Utility information (plans, maps, etc.) archived within the City of
Round Rock.
7. Subdivision plats and site plans along the Creek Bend corridor.
FC12O ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
8. Provide guidance on selecting appropriate stakeholders for public
meeting.
9. Attend public meeting and provide supporting information as desired
by the City.
FC13O RIGHT-OF-WAY(ROW)
1. Assist in obtaining right-of-entry (ROE).
2. Assist in the utility coordination process.
3. Assist in the ROW acquisition process.
4.
FCI50 FIELD SURVEYING AND PHOTOGRAMMETRY
Provide all available survey information to date
FC160 ROADWAY DESIGN CONTROLS .
1. Provide design speed and specific design criteria for the project.
2. Provide guidance on disposition of terminating existing Brushy Creek
Road (Hairy Man Road) on either side of proposed Creek Bend Corridor
and corresponding removal of existing Brushy Creek Bridge.
FC161 DRAINAGE
1. Provide available information on existing drainage facility.
2. Provide hydraulic design criteria for project design.
3. Assist with coordination of hydraulic design and submission of CLOMR
to FEMA Administrator and US Corps of Engineers.
4. Provide standard details as necessary.
FC163 MISCELLANEOUS (ROADWAY)
1. Provide direction necessary to permit decisions for aesthetic treatment
of structures and landscaping.
2. Provide noise abatement coordination and design.
3. Attend utility coordination meetings.
4. Prepare and coordinate any required Utility Agreements.
5. Provide standard detail sheets, general notes library, and specifications
as necessary.
EXHIBIT B
ENGINEERING SERVICES
PHASE II
FC12O ENVIRONMENTAL STUDIES
6. Ecological Investigations — This phase will continue the field effort of
Phase I to determine the baseline level of ecological resources. The
Engineer's ecologists will conduct a field investigation of all remaining
areas in order to determine the current baseline conditions. The
investigation will not commence until the centerline and/or project
limits are identified on the ground. During the field effort, the
ecologists will evaluate an area 250 feet perpendicular from the
centerline of the proposed project. This field investigation will
determine the current vegetative community, verify the soils present
on site, and identify any lands that are jurisdictional under Section 404
of the Clean Water Act and the presence of any suitable habitat for
federally protected species. The Engineer's geologist will also walk the
areas, using FWS protocol to identify any surface indications of karst
features that may contain habitat for federally protected species. The
geologist will not hand excavate or otherwise attempt to obtain body
passage into any documented karst features within the project area.
The results of the Phase I literature search and the results of the
Phase I and Phase II field efforts will be presented in a final technical
memorandum and will be completed within approximately 6 weeks of
receiving the right of entry. This final memorandum will include a
discussion of possible permitting options, if applicable. This final
memorandum will also include a description and figure(s) illustrating
the limits of any lands that are jurisdictional under Section 404 of the
Clean Water Act, any karst features and any habitat that is suitable for
utilization by federally protected species. This information will be
based on the research methods described above. Included along with
this final memorandum will be representative color photographs of the
project area and photographs of any specific features that the
ecologist/geologist feels are appropriate.
Ecological Permitting — This phase will involve coordination with the
City to discuss permitting options relative to ecological constraints,
and development and submittal of a Nationwide Permit 14 pre-
construction notification to the U.S. Army Corps of Engineers, if
applicable. Coordination efforts with the U.S. Army Corps of Engineers
and U.S. Fish and Wildlife Service will be required. This scope includes
costs for limited informal coordination efforts with these agencies,
limited correspondence, and two meetings. After discussion of the
final memorandum with the City, the Engineer will submit a copy of
the final memorandum to U.S. Fish and Wildlife for comment on
potential impacts to threatened and endangered species. If protected
species are potentially present and require formal Section 7
consultation between federal agencies and/or Section 10(a)
permitting, the Engineer will prepare a scope and cost estimate to be
provided under separate cover. Phase II does not include costs for
preparation of an Individual Permit, compensatory mitigation plan, or
endangered species formal consultations or permitting with U.S. Fish
and Wildlife Service. If these services are required, a scope and cost
estimate will be provided under separate cover.
2. Cultural Resources Investigations - Phase II services will include
development of a research strategy and permit application as needed
to acquire a Texas Antiquities Code permit for required archaeological
and historical investigations. Development and approval of a TAC
permit will require consultation with the Texas Historical Commission
staff and local historical agents. Depending on the type and extent of
federal jurisdiction over this project, probably limited to the flood plain
associated with Brushy Creek, consultation with the U.S. Army Corps
of Engineers' cultural resource staff may also require additional
regulatory compliance efforts in accordance with Section 106 of the
National Historic Preservation Act. The results of the field
investigations and the agency coordination may identify cultural
resource sites and conditions that will warrant further investigation
and/or efforts to redesign the project. If additional investigations are
necessary, these services can be provided under supplemental
agreement if authorized by the City.
FC130 RIGHT-WAY-ROW (ROW)
1. Coordination Meetings and general project coordination. This task will
remain in affect until the submission of all Phase 2 survey deliverables.
Additional Deed, Utility and Right-of-Way Research will provide for additional
information needed on properties previously not allowing right-of-
entry. This does not include title abstracting for fee ownership or legal
opinions of record documents including easements.
7. Boundary and Platted Right-of-Way Surveys sufficient to provide
proposed roadway alignments. This provides for the boundary surveys
of existing parcels, lots, plats and existing right-of-ways needed on
properties previously not allowing right-of-entry.
8. Provide right-of-way documents for parcel acquisition, not to exceed
four (4), along the desired route. These surveys will be produced
based on a Category 2 Route Survey, Condition III, Suburban, as
defined by the Manual of Practice, 1999 Revised Ninth Edition for Land
Surveying in the State of Texas, except as may differ within the
specifications contained herein, or by the client. This proposal does not
provide for whole tract purchases, or the resolution of any property
line or corner disputes, if in fact any exist. Any boundary line
agreements or resolutions beyond record deed lines may be identified
and exhibits supplied to the client, or their agent, as additional work
orders, if needed. Metes and bounds legal descriptions and plats will
be produced on each parcel as needed and delivered on 8.5"x14" legal
bond as Exhibit A, containing the description and accompanying
sketch, or map, as a two part document. These will be based on the
most current ownership information collected from the Williamson
County appraisal district files. Any land swaps, quitclaims, or
subdivisions causing additional parcels or additional deeds will be
considered additional services. In addition to the parcel field notes and
sketches, PBS&J will provide a right of way plan using the TxDOT
format, excluding cover sheet that includes information from the title
commitments, as provided by the City, parcel and easement field
notes and sketches and a tabular presentation of the parcels and
easements.
9. Slope Easement Descriptions and Exhibit Maps will be prepared for not
more than four (4) slope easements, and one (1) drainage easement
for water quality facilities, if needed along the final route. These will be
delivered on 8.5"x14" legal bond as Exhibit A, containing the
description and accompanying sketch, or map, as a two part
document. This does not include any staking or monumentation of the
easements. If slope easements become fee taking right-of-way
parcels, then monumentation and other considerations would be
required as additional services.
FC150 FIELD SURVEYING
Coordination with Roadway Designer, project manager and surveyor
provides for, but is not limited to, data exchange, meetings and
general project coordination. This task will remain in affect until the
delivery of the Phase 2 mapping.
10. Horizontal and vertical control by conventional and global positioning
methods needed on properties previously not allowing right-of-entry.
11. Topographic and planimetric mapping of the proposed corridor of
properties previously not allowing right-of-entry, verifying existing
available elevation data supplied by the client. This will include
mapping of existing curbs, pavements, visible and exposed utilities,
structures, drainage facilities and other improvements that may affect
design criteria.
12. Tree Surveys of the 250-foot wide corridor within Brushy creek 100-yr
floodplain will consist of mapping and tagging 12 inch and larger
hardwoods.
13. Borehole location surveys will be provided along the corridor at 20
locations.
14. Centerline and ROW staking will be done on one hundred foot stations
along the corridor for environmental and geotechnical investigation
purposes.
15. PC/PT control and monumentation on ROW allows for the
monumentation and control staking for points of curvatures and points
of tangency along both proposed right-way and proposed centerline.
These will be staked with brass caps 1/2 inch iron rods.
16. ROW/Easement/Boundary/Intersection staking and monumentation
allows for the monumentation of the proposed right-of-way at the
intersection of parcel property lines at right-of-ways. These will be
staked with brass caps 1/2 inch iron rods.
17. Brushy Creek cross-sections will be provided along Brushy Creek at
the proposed bridge area. This will include three upstream sections,
and three downstream sections from the proposed crossing. Each
section will be at significant length (approximately 700 feet in length)
as to model channel.
FC160 ROADWAY DESIGN CONTROLS
18. Refine the horizontal and vertical alignment of roadways based upon
the approved schematic.
2. Provide design cross-sections.
3. Compute earthwork quantities.
4. Prepare typical sections.
5. Complete plan/profile sheets while addressing pedestrian needs
including hike and bike trails, sidewalks, wheelchair ramps and
construction phasing, if needed.
6. Develop intersection, driveway and cul-de-sac (permanent road
closure) details for both Creek Bend and Hairy Man Road.
7. Miscellaneous roadway details.
FC161 DRAINAGE
19. Prepare drainage area maps showing existing conditions and proposed
improvements.
2. Prepare hydraulic computations for, bridges, channels, storm sewer
and inlets.
3. Prepare hydraulic data sheets.
4. Analyze and modify existing hydraulic model of Brushy Creek to reflect
the proposed Brushy Creek Crossing structure.
5. Determine limits of required drainage facilities outfall structures and
water quality facilities.
6. Develop plan sheets for both new storm sewer and existing storm
sewer systems.
7. Prepare Storm Water Prevention Plans (SW3P) plans.
8. Water Quality.
a. Prepare and process Water Pollution Abatement Plan (WPAP)
through acceptance by TCEQ.
b. Prepare water quality facility design if required.
9. Perform Level 1 scour analysis for proposed Brushy Creek Bridge
structure.
10. Summary of quantities for drainage items.
11. Prepare SW3P quantities and summaries.
FC162 SIGNING, MARKINGS AND SIGNALIZATION
20. Prepare signing and pavement markings layout.
2. Prepare summary of small signs.
3. Prepare summary of pavement markings.
FC 163 MISCELLANEOUS (ROADWAY)
21. Prepare retaining wall layouts and details.
2. Prepare Traffic Control Plan (TCP).
a. A detailed TCP shall be developed for adjacent roadways under
traffic utilizing the MUTCD and the current TxDOT Barricade and
Construction Standards. Each phase will identify the existing and
proposed traffic control devices that will be used to handle traffic
during each sequence of construction, including regulatory signs,
warning signs, construction warning signs, detour signs,
construction pavement markings, channelizing devices, portable
changeable message signs, flashing arrow boards, barricades,
barriers, etc.
b. Prepare a narrative of the construction sequencing, including
acceptable construction work hours and construction material(s)
haul routes.
c. Prepare roadway detour details as required.
d. Develop TCP quantities and summaries.
3. Prepare illumination plan layouts for roadway, intersections, and
bridge structure.
4. Prepare special utility details (water or sanitary sewer as required).
5. Prepare landscape development miscellaneous details as required.
6. Prepare estimate, specifications and general notes.
7. Prepare special specifications as required for non-standard items if
required.
8. Geotechnical design.
a. Establish test hole locations.
b. Tie test hole locations to project survey datum.
c. Drill test holes.
d. Perform Pavement design.
e. Evaluate, interpret and determine geological features.
f. Prepare Geotechnical report.
9. Prepare construction cost estimate based on construction phasing, if
needed.
10. Develop construction time estimate based on construction phasing, if
needed.
FC17O BRIDGE DESIGN
22. Develop Bridge Layouts for Brushy Creek Bridge and Hairy Man Road
Access Bridge.
a. Bridge Layouts (PLAN).
1) Horizontal curve information or bearing of centerline.
2) Including horizontal, vertical, and template information of all
roadways or railroads crossed.
3) Bearing of centerline or reference line.
4) Skew angle(s).
5) Slope for header banks and approach fills.
6) Control stations at beginning and ending of bridge (with deck
elevation), intersections, etc.
7) Bridge roadway width and curbs, face of rail, shoulders, or
sidewalks.
8) Bridge end treatments (cement stabilized backfill details, etc.)
9) Limits and type of riprap.
10) Proposed features under structure.
11) Location of profile grade line.
12) North arrow.
13) Typical bridge roadway section including preliminary proposed
beam types and spacing.
14) Cross slope and superelevation data.
15) Minimum horizontal clearances will be calculated and indicated
(dimensioned) to controlling features, when applicable.
16) Location of soil core holes (station and offset), shown on
layout.
17) Bent stations and bearings.
18) Retaining wall locations.
19) Traffic flow directional arrows.
20) Railing types shown (use single slope railing unless otherwise
directed).
21) Joint types and seal size, if used.
22) Beam line numbers consistent with span details.
23) Critical horizontal clearances (location of railroad tracks,
nearby structures and utilities).
24) Bearings of utilities.
25) Overhead sign bridge locations, if applicable.
2. Bridge Layouts (ELEVATION)
1) Type of foundation.
2) Finished grade elevations at beginning and end of bridge.
3) Overall length of structure.
4) Length, type of spans and units.
5) Type of railing.
6) Minimum calculated vertical clearance(s).
7) Existing and proposed ground lines clearly marked.
8) Grid elevations and stations.
9) Bent numbers encircled.
10) Stationing of bridge compatible with grid stations.
11) Standard title.
12) Profile grade data.
13) Type of riprap.
14) Soil Core Hole information with penetrometer test data shall
be shown on the bridge layout at correct station, elevation and
scale.
15) Dowel locations at all bents.
16) Column "H" heights.
17) Number, size and length of foundations.
18) Overhead sign bridge locations.
3. Additional layout requirements for the Brushy Creek Bridge.
Design and 100-year peak discharges and velocities.
4. Bridge Estimate, Quantities, and Specifications.
5. Foundation Studies (cost estimate included with Function Code 110).
The minimum number of soil core holes shall be obtained in
accordance with Section 1-30 1 of the TxDOT Bridges and
Structures Foundation Exploration and Design Manual. Soil core
holes shall be obtained at approximately 200 foot intervals along
bridge alignments.
6. Bridge Total Quantities and Cost Estimates.
7. Bridge Special Provisions and Specifications.
8. Develop Bridge Aesthetics Details (coordination with and approved by
City).
9. Bridge Design.
a. Bridge design will be in accordance with the latest edition of the
American Association of State Highway and Transportation Officials
Standard Specifications for Highway Bridges (AASHTO).
b. The engineer shall prepare a bridge layout of each bridge structure
for City of Round Rock review and approval. The bridge layout shall
be in conformance with the TxDOT Bridges and Structures,
Operation and Planning Manual and the Bridges and Structures,
Detailing Manual. Soil core hole data is not required for submission
of the preliminary bridge layout. No bridge design work is to be
performed until the City has given the Engineer written approval of
the preliminary bridge layout.
c. Several months may be required, after the preliminary bridge
layout is submitted, to obtain approval and/or permits from the
following:
1) TN RCC.
2) U.S. Army Corps of Engineers.
3) Texas Parks and Wildlife.
DELIVERABLES
60% Submittal
1. 11"x17" plan sets to include all required plan sheets
2. 90% construction cost estimate
3. A list of Special Provisions and General Notes
4. Special specifications as needed
9S% Submittal
1. 11"x17" plan sets to include all revised plan sheets and corresponding
redlines
2. 95% construction cost estimate
3. A list of Special Provisions and General Notes
4. Special specifications as needed
100% Submittal
1. Obtain required environmental clearance letters and permits
2. One final signed and sealed set of 22"X34" full-scale Mylar drawings, two
22"X34" copies of signed and sealed Mylar, and twenty-five 11"X17"
paper copies of the final Plans, Specification and Estimates (PS&E). Bid
Packages and Proposals will be complete and suitable for bidding and
award of a construction contract.
3. One (1) electronic file of drawings, cross sections and supporting data
4. 100% cost estimate
5. Twenty-five (25) sets of 11"X17" final design cross sections (paper
copies) with earthwork quantities
Other Project Deliverables
1. Rough Order of Magnitude Cost Estimate
2. Final Ecological Investigations Technical Memorandum
3. Monthly Progress Reports (Summary of Engineering Design). As
indicated in Article 4, Compensation, the Engineer shall submit monthly
progress reports, which are also referred to as a Summary of Engineering
Design. The reports shall detail the progress and accomplishments of the
Engineer and subcontractors and support the payments requested on
monthly invoices. The reports shall indicate progress and
accomplishments by the functional classifications as identified in
Attachment B, Services to be provided by the Engineer. The City has a
preferred form, but the Engineer's form is acceptable.
4. Right-of-Way Plan
5. Parcel Descriptions and Exhibit Maps
6. Slope Easement Descriptions and Exhibit Maps
7. Invoices. The Engineer shall submit invoices as indicated in Article 5,
Method of Payment. In addition to the invoice, the Engineer shall submit
an Invoice Summary Sheet, Subcontractor's Summary and a financial
Progress Report. The City has preferred forms, but the Engineer's forms
are acceptable as long as the content meets the City's requirements.
REFERENCES
1. Standard Specifications for Construction of Highways, Streets, and
Bridges - TxDOT.
2. Special Provisions and Special Specifications - TxDOT.
3. PS&E Preparation Manual - TxDOT.
4. Division of Bridges and Structures Operation and Planning Manual -
TxDOT.
5. Division of Bridges and Structures Hydraulic Manual - TxDOT.
6. Division of Bridges and Structures Design Examples - TxDOT.
7. Division of Bridges and Structures Bridge Design Guide - TxDOT.
8. Division of Bridges and Structures Detail Manual - TxDOT.
9. Division of Bridges and Structures Foundation Exploration and Design
Manual TxDOT.
10.Standard Specifications for Highway Bridges - AASHTO.
11.Division of Highway Design Operations and Procedures Manual - TxDOT.
12.Division of Highway Design Operations and Procedures Manual Part IIB -
Environmental and Public Involvement Procedures during Project -
Specific Planning and Development - TxDOT.
13.A Policy on Geometric Design of Highways and Streets ("The Green
Book") AASHTO.
14.Highway Capacity Manual Special Report 209 - Texas Research Board
(TRB).
15.Technical Advisory T6640.8A - FHWA.
16.Noise Guidelines - TxDOT.
17.Air Quality Guidelines - TxDOT.
18.Flexible Pavement Design Manual - TxDOT.
19.Guide for the Design of Pavement Structures, 1996 - AASHTO.
20.Texas Manual on Uniform Traffic Control Devices - TxDOT.
21.Standard Highway Sign Designs for Texas - TxDOT.
22.Standard Specifications for Structural Supports for Highway Signs,
Luminaries and Traffic Signals - AASHTO.
23.Utility Accommodation Policy - TxDOT.
24.Utility Manual -TxDOT.
25.Division of Right of Way, ROW Manual - Book I - TxDOT.
26.Division of Right of Way, ROW Manual - Book II - TxDOT.
27.Code of Federal Regulations, Title 23 - "Highway" - Federal Register.
28.Administrative Order No. 5-89 - Signing, Sealing and Dating of
Engineering Documents - TxDOT.
29.Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating
Procedures for Department Engineering Documents - TxDOT.
30.Administrative Circular No. 25-84 - Soils Information for High Mast
Lighting, Overhead Sign Bridges, and Retaining Walls - TxDOT.
31.Administrative Circular No. 33-87 - Preliminary Retaining Wall Layouts to
be submitted to Division of Bridges and Structures - TxDOT.
32.Administrative Circular No. 25-92 - Division of Bridges and Structures to
be responsible for all geotechnical engineering support for foundations,
retaining walls, and embankment stability and settlement - TxDOT.
33.Institute of Transportation Engineers (ITE) "Guidelines for Urban Major
Street Design - A Recommended Practice".
34. Draft "Transportation Criteria Manual" - City of Round Rock
35.Draft "Drainage Criteria Manual" - City of Round Rock
36.Draft "Standards and Specifications Manual" - City of Round Rock
EXHIBIT C
Design Schedule
Creek Bend Extension-Phase 2
ID Task Name Duration Start Finish October20 November:December January 20 February March 2005 Apn12005 !May 2005 June 20051Ju1y 2005 'August 200 September October
20 November December -
1 PHASE It FCN 120 Social,Economic,Environmental 265 days Wed 11/3/04 Tue 11/8/05 ---
2 Ecological investigation 115 days Wed 11/3/04 Tue 4/12/05
3 Cultural resources 115 days'. Wed 11/3/04 Tue 4/12/05
4 i
5 FCN 130 Right of Way 10 days Wed 11/3/04 Tue 11/16/04
6 Right of Way Documents 10 days Wed 11/3/04 Tue 11/16/04:
7
8 FCN 150 Field Survey-Aerial Subconsultant 40 days', Wed 11117/04 Tue 1/11105
9 Ground Survey Topo 30 days Wed 11/17/04 Tue 1228/04 -
10 Geotech Survey 10 days Wed 1229/04 Tue 1/11/05
11 utility Survey - 40 days Wed 11/17/04 Tue 1/11/05 ------
12
l 13 FCN 160 Roadway PS&E 180 days Wed 1/12105 Tue 9/20/05
14 Roadway Plans 180 days Wed 1/12/05 Tue 920/05
15
16 FCN 161 Drainage 180 days Tue 3/1105 -Mon 11/7/05
17 Drainage Design 180 days Tue 3/1/05 on 1117/05
18 ' WPAP... 110 days Tue 3/1/05....... .Mon 8/1/05
�_____ -- _ __..
20 FCN 162 Signing,Pavement Markings,Signalization 40 days Tue 9/13/05 Mon 11/7/05
21 - Final Signing Layouts 40 days Tue 9/13/05 Mon 1117/05'
22 Final Pavement Marking and Delineation Layouts 40 days Tue 9/13/05 Mon 1177/05
23
24 FCN 163 Miscellaneous Roadway 35 days Wed 9/21/05 Tue 11/8105,
25 Final Traffic Control Plan 8 Narrative 20 days Wed 921/05 Tue 10/18/05
26 Illumination Layouts 15 days Wed 10/18/05 Tue 11/8/05'.
27 Prepare Estimate,Specifications 8 General Notes 35 days Wed 921/05 Tue 11/8/05 -
28 Construction Cost and Time Estimate 15 days Wed 10/19/05 Tue 11/8/05-
29
30 FCN 170 Bridge Design 265 days Wed 11/3104 Tue 111/8105.
31 Bridge Layout and Details 265 days Wed 11/3/04 Tue 11/8/05
32
33 FCN 351 Front End Construction Documents 20 days Tue 10/4/05 Mon 10/31/05
34 Prepare Construction Bid Documents 20 days Tue 10/4/05 Mon 10/31/05
35
36 60%Submittal 0 days Thu 5/5/05 Thu 5/5/05' ♦5/5
37 90%Submittal 0 days Fri 9/30/05 Fri 9/30/05 ♦9/30
�38 100%Submittal 0 days Tue 11/1/05 Tue 11/1/05 .11/1
....._.__ _...... _. ....._.......Y. ............ ........._.._
role Creek Bend-Phase 2 Task Progress Summa _.,a' Deadline `.
1 Summary External Tasks �.�, ..r..r
Date:Thu aek Be
Split Milestone Project Summary ry External Milestone
Page 1
EXHIBIT D
PBSU Classification Summary
Creek Bend Extension Phase 2
Work Authorization No.2
PHASE PHASE2 TOTAL
Classification Hours Hourly Rate Labor Cost Hours Hourly Rate Labor CostHours Hourly Rate Labor Cost
Principal 0 $150.00 $0 72 $150.00 $10,800 72 $150.00 $10,800
Project Manager 0 $150.00 $0 192 $150.00 $28,800 192 $150.00 $28,800
Sr Trans/StructEngineer 0 $140.00 $0 743 $140.00 $104,020 743 $140.00 $104,020
Sr Engineer 0 $130.00 $0 544 $130.00 $70,720 544 $130.00 $70,720
Design Engineer 0 $95.00 $0 761 $95.00 $72,295 761 $95.00 $72,295
EIT 0 $80.00 $0 898 $80.00 $71,840 898 $80.00 $71,840
Sr Scientist/Sr EnvPlnr 0 $100.00 $0 223
$100.00 $22,300 223 $100.00 $22,300
Scientist/Env Plnr 0 $70.00 $0 294 $70.00 $20,580 294 $70.00 $20,580
RPLS 0 $95.00 $0 159 $95.00 $15,105 159
$95.00 $15,105
GPS Tech 0 $75.00 $0 24 $75.00 $1,800 24 $75.00 $1,800
3 Man Crew 0 $125.00 $0 266 $125.00 $33,250 266 $125.00 $33,250
CADD Designer 0 $85.00 $0 1,950 $85.00 $165,750 1,950 $85.00 $165,750
Clerical 0 $60.00 $0 182 $60.00 $10,920 182 $60.00 $10,920
Architect 0 $90.00 $0 0 $90.00 $0 0 $90.00 $0
Sr Inspector 0 $100.00 $0 0 $100.00 $0 0 $100.00 $0
Total Labor 0 $0 6,236
$617,380 6,236 $617,380
PBS&J Expenses Phase 1 $0.00
PBS&J Expenses Phase 2 $4,020.00
PBS&J Total Fee $617,380.00 PBS&J Total Fee(excluding Survey,Geotech,and Architect) $578,025
SUBCONSULTANTS Phase 1 $0.00
Fugro Consultants(Geotech) $80,400.00 Phase 2 $578,025.00
RVI Consultants(Architect) $26,200.00
Project Total Fee $728,000.00
00075076.XLS Page 1 of 1 10/19/2004
EXHIBIT E
Certificates of Insurance
11/09/2004 14:49 5122183242 TRANSPORTATION SVC PAGE 02
CERTIFICATE OF LIABILITY INSURANCE Date: 10/19/2004
MODUCER COMPANJES ApPORDING COVERAGE
Collinsworth,Altar,Fowler,Dowling 8t French Group Inc
P_O Box 9315 A. Sentry Insurance A Mutual Company A+XV
Miami Lakes,FL 33014-9315
B-Steadfast Immune Company A XV
INSUR13D C.Lloyds of London A XV
Post,Buckley,Schuh A 7ernigan,Inc.
2001 Nw 107 Avenue D
Mi=4 FL 33172-2507
TITS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed abovewith res to
the business operations hereinafter described, for the types of insurance and in accordance with the provis Dns of
s, and further herei
the standard politics used by (ht; companienafter described. Exceptions to the polio es are
noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EGKMiATION L11 BTS
LTR NUMBER DATE DATE
A GENERAL LIABILITY 90-15807.03 9/90P10p4 9/30 005 GENERAL AGGREGATE $4000,000
PRODUCTS-COMP/OP AGG. $7,000,000
PERSONAL&ADV. INJURY $ 1,00,000
EACH OCCURRENCE $1.000,000
r=DAMAGE(AW,nro t1c) $t,ovo,oW
MBD. EXPENSE(Aay ane pemort)S 25,000
A AUTOMOBILE LIABILITY 90.15807-04& PM/2004 9/3012005
90'15807-05 COMBINED SINGLE LIMIT $1.000,000
BODILY INJURY(Per pmen) $
BODILY INJURY(Per acddent) $
PROPERTY DAMAGE $
8 r3CCESS LL4EII.TIY AUC5021MI00 9/30/'1004 9/30/2005 EACH OCCURRENCE S 10,000,000
AGGREGATE $10,000,000
A Wl1RKBRS'CIOMPRNSATION 90 15807 01& ')!30/2004 9/30/2005 STATUTORY LIMITS x
AND EMPLOYERS'LIARMI71Y 90-15807-2 EACH ACCIDENT $1.000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE S1,000.000
C PROFESSIONAL L1A8ILny P42304 9/30/200; 9/30/2005 1arA Claim and Antral Aggrcplc $1,000,00011ndu
RctradaW 11/11/1961
UESCRII.1'lU1V UB uPfsRATIONS/LOCA N HICLES/SPECiAL ITEMS/EXCEPTIONS
The City of Round Rock is insured- 27-
t11 respect to an policies cxrept `wollcrs' ComReasation sun Em¢ ,
l iabil'igr' and 'Professional I,iabiliry'. Sbpaild any of elle Above de9atabed policies be cancelled of cbUed before the expirAr it rate
tha=4 tt issubg convauy will alai!*iV(30)days written notice m the certi$cate holder Lined below.
CERTI[ICATE HOLDER. Ckv Manager
Chy of Mound Rock SIGNATURE OF AUl HOREEM REpRESENTA II,v
2211-Mara Street
Round Rock,Texas 78664 41! gadeCol&aaaro,0
Typed roam; W.Meade Colllnsworak
Tide: President
MY of Rarnd Rock 04.05 Complet *,:cs master
f0% EXHIBIT "A" Revised
1002