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R-04-06-10-13C3 - 6/10/2004RESOLUTION NO. R -04-06-10-13C3 WHEREAS, the City of Round Rock desires to retain engineering services for the Stone Oak Booster Pump Station Project, and WHEREAS,Gray, Jansing & Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Gray, Jansing & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Gray, Jansing & Associates,. Inc. for the Stone Oak Booster Pump Station Project, 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 10th day of June, 2004. NY ri'i W , Mayor Cit of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta1y @PFDesktop\::0DMA/WORLDOX/0:/WDOX/RESOLUTS/R40610C3.WPD/sc ROUND ROCK. TEXAS 11. RPOS MSSICkt i'ROSKRITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM GRAY JANSING & ASSOCIATES, INC. ("Engineer") ADDRESS: 8217 Shoal Creek Blvd., Suite 200, Austin, Texas 78757 PROJECT: STONE OAK BOOSTER PUMP STATION 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: Engineering Services Contract File Name: stoneoakbps; grayjansing; 67338 EXHIBIT 2 IPA!, 1 Rev. 02/23/04 00064494 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 Thirty -Nine Thousand Seven Hundred Ninety -Six and fifty cents ($ 39,796.50 ) 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: Michael D. Thane, P.E. Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3263 Fax Number (512) 218-5563 Email Address Mthanea,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: David W. Gray, P.E. Principal 8217 Shoal Creek Blvd., Suite 200 Austin, Texas 78757 Telephone Number (512) 452-0371 Fax Number (512) 454-9933 Email Address dwgAgja.net 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 City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. 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 Council 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 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: David W. Gray, P.E. Principal Gray Jansing & Associates, Inc. 8217 Shoal Creek Blvd., Suite 200 Austin, Texas 78757 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 Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 2004, 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: By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary GRAY JANSING & ASSOCIATES, INC. By: Signa e of Princ' . al Printed Name: ;) . V, (,e4y 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 EXHIBIT A STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: EXISTING INFORMATION AT PUMP STATION SITE 1. Utility information (plans, maps, etc.) archived within the City of Round Rock. PRELIMINARY ENGINEERING REPORT 1. Service area map 2. Water distribution system map for service area FIELD SURVEYING 1. Provide all survey information to date (if any). PUMP STATION DESIGN 1. Provide available information on existing tank facility. 2. Provide hydraulic design criteria for project design. 3. Provide standard details as necessary. MISCELLANEOUS 1. Provide direction necessary to permit decisions for aesthetic treatment of structures and landscaping. 2. Coordinate and host utility coordination meetings. 3. Prepare and coordinate any Utility Agreements as required. 4. Provide standard detail sheets, general note library, and specification as necessary. Gray • Jansing & Associates, Inc. 3/15/04 EXHIBIT B STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. Monthly progress reports will be submitted, which will detail on-going work as well as work accomplished since the previous report. The Engineer will prepare a memorandum documenting progress meetings. When feasible, the City's standard drawings and specifications of previously approved special provisions/specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. The Engineer will work with the City's project manager on items that require preliminary approval. The Engineer will incorporate all plans furnished by the City into one complete set of engineering documents. The Engineer will solicit and secure written permission for entry to accomplish any work within the proposed pump station site. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." GENERAL The scope of services to be provided for the Stone Oak Booster Pump Station consist of the installation of a skid mounted booster pump station and hydropneumatic tank at the site of the existing FM 1431 1.0 MGD water storage standpipe operated by the City of Round Rock. The skid mounted booster pump station includes 3 — 1,400 gpm pumps with motor control center, piping, control, isolation and bypass valves, RTU and programmable controls. The hydropneumatic tank will include a 30,000 gallon tank and air compressor installation. Site work includes clearing, preparation of foundation subgrade, construction of slab foundation for skid unit and transformer pad, and hydro tank along with miscellaneous concrete sidewalks, temporary erosion controls and revegetation of the site. The skid mounted booster pump station and hydro tank will be connected to the existing tank piping located at the site. PRELIMINARY ENGINEERING PHASE The Engineer will prepare an engineering report to respond to the issues raised by the Texas Commission on Environment Quality (TCEQ) in a letter dated January 20, 2004 regarding the project design. Responses will include identification of the service area including the number of connections, sizing of facilities including pressure maintenance facilities such as the hydropneumatic tank installation. The responses will be prepared in a draft form, submitted to the City of Round for review and comment prior to finalization and submittal to TCEQ for final review and approval. Gray ♦ .Lansing & Associates, Inc. Page I of 4 5/5/04 The Engineer will respond to all questions and comments generated as a result of the review of the preliminary engineering report by both City and TCEQ staff members. The Engineer will respond to those questions and comments in order to secure TCEQ's approval of the proposed Stone Oak Booster Pump Station project prior to beginning design. DESIGN AND APPROVAL PHASE The Engineer shall provide the following engineering services required for the preparation of the construction plans and specifications: FIELD SURVEYING 1. Identify existing utility information, determine area of conflicts and field locate conflicting utility lines both horizontally and vertically. 2. Prepare design survey information including all vertical and horizontal data collection in the field for the proposed Project. 3. Provide to Contractor horizontal and vertical datum for construction of Project. PROJECT DESIGN CONTROL 1. Develop plan/profile sheets. 2. Miscellaneous details. BOOSTER PUMP STATION AND HYDROPNEUMATIC TANK DESIGN 1. Prepare area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for booster pump station and hydro tank. 3. Prepare hydraulic data sheets. 4. Develop miscellaneous details. MISCELLANEOUS 1. Prepare project estimate, project specifications and general notes. 2. Prepare special specifications as required for non-standard items. 3. Prepare cost estimate. 4. Develop construction time estimate. APPROVAL 1. Submit plans and specifications to City of Round Rock for review and comment. 2. Submit plans and specifications to TCEQ for review and comment. 3. Meet with City staff to go over and address review comments. 4. Make revisions to plans and specifications as needed to address review comments. The construction plans and specifications for all improvements will be prepared in accordance with criteria as set forth by the City of Round Rock. The construction plans and specifications will need to be submitted to the City of Round Rock and the TCEQ for review and approval. The City and TCEQ will review and comment on the construction plans and specifications. The review comments will need to be addressed prior to the finalization of the plans and bidding on the contract for installation of the improvements. All original construction plans for this Project will be prepared on GJA mylar plan sheets and signed and sealed by registered professional engineers from GJA. CONSTRUCTION ADMINISTRATION AND PROJECT REPRESENTATIVE PHASES The Engineer shall provide the following engineering services required for construction administration and periodic project representation: 1. Manage and coordinate all aspects of the construction bidding process necessary for the Project. Gray • Jansing & Associates, Inc. Page 2 of 4 5/5/04 2. Prepare the contract documents for the Contractor and City to execute for construction of the Project. 3. Issue all routine instructions to the Contractor. 4. Attend periodic construction coordination meetings with Contractor and City. 5. Perform periodic field review regarding progress and compliance of his work with construction specifications. 6. Prepare all routine change orders and make recommendations regarding same to City. 7. Review and recommend to the City for approval of the Contractor's monthly pay estimate. 8. Provide final review of the construction improvements in order to issue an Engineer's Certificate of Substantial Completion. 9. Prepare record drawings as required by the City. 10. Provide clarification of construction plans and specifications as needed to Contractor and City. NOTE: Construction staking activities in the field and preparation of cut sheets for all utility cuts, location of manholes and services, rough cuts for streets, final curb and gutter elevations, and locations of all drainage and detention improvements will be provided by the Contractor by a registered public surveyor and submitted to Engineer for review and recommendation to City. ENGINEERING FEES/COMPENSATION The proposed not -to -exceed budget for providing all of the above -listed engineering services related to the preparation of the preliminary engineering report and construction plans and specifications for the improvements, as well as acquiring approvals through both the City of Round Rock and TCEQ, and performing construction administration services during the course of construction of the Project is $39,796.50. Services will be invoiced monthly on an hourly basis in accordance with the hourly rates included as part of this project proposal. All reimbursable expenses for copies, bluelines and mylars are included in this not -to -exceed budget. Any inspection, filing, plan review fees, etc., as required by the City of Round Rock or TCEQ will be the City's responsibility. ENGINEERING SERVICES EXCLUDED FROM THIS CONTRACT The following engineering services are considered outside the scope of services outlined in this Contract and will be provided to the City on an hourly basis invoiced monthly in accordance with the Engineer's Fee Schedule. 1. Services of a full time Project Representative and other field personnel, as required, for on-site observation of construction. 2. Construction staking services. 3. Appearance before regulatory agencies other than to acquire approvals of the construction plans outlined in the Proposal. 4. Special investigations involving detailed consideration of operation, maintenance and overhead expenses, preparation of rate schedules, earnings and expense statements, special feasibility studies, flood studies, appraisals, valuations, and material audits or inventories required for certification of force account construction performed by the City. 5. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 6. Soil and foundation investigations, including bore hole staking, test analyses or equipment. Gray • Jansing & Associates, Inc. Page 3 of 4 5/5/04 7. Detailed mill, shop and/or laboratory inspection of materials or equipment. 8. Revisions to construction plans after the scope of work has been approved by the City other than to address routine review comments by governmental agencies on the plans. Gray ♦ Jansing & Associates, Inc. Page 4 of 4 5/5/04 INFORMATION FOR PROFESSIONAL SERVICES AGREEMENT Project Name Stone Oak Booster Pump Station Professional Service Info.: Professional Service Info.: Name of Professional Service Provider Gray Jansing & Associates, Inc. Principal Business Address 8217 Shoal Creek Blvd., #200, Austin, Texas 78757 Agreement Termination Date April 1, 2005 Cost of the Service $39,796.50 All notices to be mailed to following contact and address David W. Gray, P.E. c/o Gray-Jansing & Associates, Inc., 8217 Shoal Creek Blvd., Suite 200, Austin, TX 78757 Signature Block for Engineer -r Name of the Engineer/Title David W. Gray, P.E., Principal Telephone (512) 452-0371 Fax (512) 454-9933 E-mail dwg@gja.net CORR Info: CORR Info: CORR-Project Manager Michael D. Thane, P.E. Address 2008 Enterprise Drive, 78644 Telephone (512) 218-3263 Fax (512) 218-5563 E-mail Mthane@round-rock.tx.us INFO PROF SERV AGREEMENT.doc/spec master/ EXHIBIT C STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK WORK SCHEDULE NEXT PAGE Gray ♦ Jansing & Associates, Inc. 3/I 5/04 Date: 3/15/04 (U C N N"- N V- CO C71 N 1 r e - O N C7; N N CV N M N I N Cr CO N LO N T -- `C"" r"" Cl. V— 0) CO CO 1.0 M CN N"'" Duration in Days N COC CCD 0 0 N 0 1 $ 1 1 (13 coLA I— Z -C o a) 0) C W z' 52 C � Q) a. a) 2 a N- * 0co Q °'s a) .5 �-y V 0o I - .-� U N(,-5 CO c 'w U E C) Q) Q (0 C v) Q m O 2 0. 4, 73 2 Q ' a) .5 (1) 1 -- U c a) E N _e_.;> :0 m L() iti L M/ o U "5 7 Q -0 (0 7 m 0 > rr :' U c0 c 0 CO Q E d a) 0O m ( i o U 1,-:.� >, c O 24 _E CD C co N - E o a a °$ z, EXHIBIT D STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SALARY COST/RATES Principal $80 - $105 Hour Project Manager $30 - $80 Hour Technical Support $27 - $60 Hour Field Representative $30 - $50 Hour Clerical Support $19 - $45 Hour Bluelines Final Ortho -photography Plots Reproduction Mileage Airline Flights Per Diem Mail $ 0.50 $ 0.60 $ 0.15 $ 0.31 $ 0.33 SF SF EA Mile EA Day EA Overhead, Operating & Profit 2.4X PROJECT DETAILS Project: Booster Pump Station Easement Parcels Agency/Committee Meetings Public Meetings Public Hearings 1 1 12 2 0 Each Each Each Each Each Page 1 of 3 3/15/04 MANHOUR SUMMARY TOTAL PROJECT FEE STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK OVERHEAD 2.4 LABOR X TOTAL LABOR: COSTS OPERATING COSTS & PROFIT Preliminary Engineering Report $ 2,808.00 $ 6,739.20 $ 6,739.20 Field Surveys/Mapping $ 272.00 $ 652.80 $ 652.80 Booster Pump Station Design $ 3,000.00 $ 7,200.00 $ 7,200.00 Approvals $ 3,856.00 $ 9,254.40 $ 9,254.40 Construction Administration $ 2,424.00 $ 5,817.60 $ 5,817.60 TOTALS $ 12,360.00 $ 29,664.00 $ 29,664.00 DIRECT COSTS: EXPENSES: UNIT RATE QUANTITY Bluelines SF $ 0.50 1,350 $ 675.00 Final Ortho -photography Plots SF $ 0.60 15 $ 9.00 Reproduction EA $ 0.15 2,000 $ 300.00 Mileage Mile $ 0.31 300 $ 93.00 Airline Flights EA -- Per Diem Day -- Mail EA $ 0.37 150 $ 55.50 TOTAL EXPENSES $ 1,132.50 SUB -CONTRACTS: TASK Structural Design — Wilson Geisler Structural Slab $ 1,500.00 Survey & Mapping — Rene Zamora Design Surveys & Maps $ 2,500.00 Electrical Design — Jim Schultz Electrical $ 5,000.00 TOTAL SUB -CONTRACTS $ 9,000.00 TOTAL DIRECT COSTS $ 10,132.50 TOTAL COST $ 39,796.50 Gray ♦ Jansing & Associates, Inc. Page 2 of 3 5/5/04 MANHOUR SUMMARY PRELIMINARY ENGINEERING REPORT Manhours Rate Direct Labor Principal 10 $80 $ 800 Project Manager 40 $38 $ 1,520 Technical Support 8 $30 $ 240 Field Representative 0 $37 Clerical Support 8 $31 $ 248 Subtotal 66 $ 2,808 FIELD SURVEYS/MAPPING Manhours Rate Direct Labor Principal 0 $80 $ 0 Project Manager 4 $38 $ 152 Technical Support 4 $30 $ 120 Field Representative 0 $37 Clerical Support 0 $31 Subtotal 8 $ 272 DESIGN BOOSTER PUMP STATION DESIGN Manhours Rate Direct Labor Principal 8 $80 $ 640 Project Manager 24 $38 $ 912 Technical Support 40 $30 $ 1,200 Field Representative 0 $37 $ 0 Clerical Support 8 $31 $ 248 Subtotal 80 $ 3,000 APPROVALS Manhours Rate Direct Labor Principal 8 $80 $ 640 Project Manager 40 $38 $ 1,520 Technical Support 40 $30 $ 1,200 Field Representative 0 $37 0 Clerical Support 16 $31 $ 496 Subtotal 104 $ 3,856 CONSTRUCTION ADMINISTRATION Manhours Rate Direct Labor Principal 16 $80 $ 1,280 Project Manager 8 $38 $ 304 Technical Support 0 $30 0 Field Representative 16 $37 $ 592 Clerical Support 8 $31 $ 248 Subtotal 48 $ 2,424 Gray • Jansing & Associates, Inc. Page 3 of 3 5/5/04 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Date: 05/13/2004 snE EXHIBIT USI Insurance Services of Texas 1946 South IH -35, Suite 301 Austin, Texas 78704 Phone: 512/443-0878 INSURED Gray-Jansing & Associates, Inc. 8217 Shoal Creek, Suite 200 Austin, TX 78757 Phone: 512 452-0371 A Security Insurance Company of Hartford B C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE NUMBER DATE LTR EXPIRATION DATE LIMITS A PROFESSIONAL LIABILITY AEE0232428 07/26/03 07/26/04 $1,000,000/Claim S 1,000,000/Aggregate DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Attn: Christine Martinez, City Secretary Rev'd 2/10/03 - Professional Liability Certifcate.doc SIGNA "i I F •• ORIZED REPRESENTATIVE T�71. Name: Jim Jimnierson TUe: Sales Executive CITY OF ROUND ROCK, TEXAS ACCOUNTS PAYABLE 221 East Main Street, Round Rock, Texas 78664 Pursuant to Internal Revenue Service Regulations, we ask that you furnish the City of Round Rock with your Taxpayer Identification Number (TIN). If this number is not provided, IRS regulations require us to subject you to a 20% withholding on each payment. To avoid this withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, we would appreciate your cooperation in providing us with the information requested below. Please contact the City of Round Rock Accounts Payable Division at (512) 218- 5434 if you have any questions or problems with this request. Thank you for your assistance in this matter. BUSINESS ENTITY: (please check only one) Individual Estate/Trust Partnership Corporation Governmental/Non-profit Sole Proprietorship Other: Public Service Corporation Individual: list name as shown your social security number. Sole Proprietorship: list owner's business name and list the owner's All others: list the legal name organization, or other legal Identification Number. on your social security card and LEGAL BUSINESS NAME: ADDRESS: legal name followed by the legal social security number. of your corporation, partnership, entity and list your Employer GRAY-JANSING & ASSOCIATES, INC. 8217 SHOAL CREEK BLVD., SUITE 200 AUSTIN, TX 78757 9 DIGIT TAXPAYER IDENTIFICATION (TIN): Social Security Number: Federal Employer Identification Number: 7 3 3 9 0 / UNDER PENALTIES OF PERJURY, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, I DECLARE THAT THIS FORM HAS BEEN COMPLETED FULLY AND ACCURATELY. Patricia E. Leahy Name_ Print Qr Type) Signature ASSIGNED VE Revised 01/14/04 W-9 FORM Date Accts. Mgr. Title (Print or Type) (512) 452-0371 Telephone Number ASSIGNED BY: Proposed Stone Oak Booster Pump Station ROUND ROCK. 11XAS 1,1,0,1 S:\Graphics\Council Agenda Items\Engineering\2004\Stone Oak booster Pump Station \Stone Oak Booster Pump Station.mxd DATE: June 4, 2004 SUBJECT: City Council Meeting - June 10, 2004 ITEM: 13.C.3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Gray, Jansing & Associates for the Stone Oak Booster Pump Station Project. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: The City has experienced low water pressure in the Preserve at Stone Oak Subdivision north of FM 1431. These water pressure problems have been evident to the residents living in the higher elevation areas of the subdivision. A booster pump station with a hydropneumatic tank will be designed and built to pump from the existing 1431 standpipe and increase the water pressure for approximately 720 lots in the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions on the northwest side of the City. The estimated construction cost for this project is $221,000. Funding: Cost: $39,796.50 Source of Funds: Capital Project Funds (Self -Financed Utility) Outside Resources: Gray Jansing & Associates (Engineering Consultant) Blake Magee Company (Developer Villages at Mayfield Ranch) Continental Homes (Developer Preserve at Stone Oak) Background Information: For the past several years, the residents in this area of Round Rock have experienced water pressure problems. The booster pump station will improve the water system pressure and fire flow in this area, which includes the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions. Public Comment: N/A Executed Document Follows ROU ND ROCK, TEXAS I t.itliM:„ PASSION ..PROSPEMY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM GRAY JANSING & ASSOCIATES, INC. ("Engineer") ADDRESS: 8217 Shoal Creek Blvd., Suite 200, Austin, Texas 78757 PROJECT: STONE OAK BOOSTER PUMP STATION THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the J D day of, 2004 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corp ration, 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: J Engineering Services Contract Rev. 02/23/04 File Name: stoneoakbps; grayjansing; 67338 00064494 R-011-010 -/O -1363 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 Thirty -Nine Thousand Seven Hundred Ninety -Six and fifty cents ($ 39,796.50 ) 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: Michael D. Thane, P.E. Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3263 Fax Number (512) 218-5563 Email Address Mthane(&,,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: David W. Gray, P.E. Principal 8217 Shoal Creek Blvd., Suite 200 Austin, Texas 78757 Telephone Number (512) 452-0371 Fax Number (512) 454-9933 Email Address dwgAgja.net 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 City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. 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 Council 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 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: David W. Gray, P.E. Principal Gray Jansing & Associates, Inc. 8217 Shoal Creek Blvd., Suite 200 Austin, Texas 78757 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 Mayor, duly authorized to execute the same on its behalf by Resolution No. R -01-/-06,-/043C3 , approved by the City Council on the /0 day of the month of , 2004, and Engineer, signing by and through its duly authorized representative(s), there y binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ' : UN ► RO By: •v well, or Christine Martinez, City Secretary GRAY JANSING & ASSOCIATES, INC. By: Signa e of Princ Printed Name: 7;),P19 -f. al 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 EXHIBIT A STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: EXISTING INFORMATION AT PUMP STATION SITE 1. Utility information (plans, maps, etc.) archived within the City of Round Rock. PRELIMINARY ENGINEERING REPORT 1. Service area map 2. Water distribution system map for service area FIELD SURVEYING 1. Provide all survey information to date (if any). PUMP STATION DESIGN 1. Provide available information on existing tank facility. 2. Provide hydraulic design criteria for project design. 3. Provide standard details as necessary. MISCELLANEOUS 1. Provide direction necessary to permit decisions for aesthetic treatment of structures and landscaping. 2. Coordinate and host utility coordination meetings. 3. Prepare and coordinate any Utility Agreements as required. 4. Provide standard detail sheets, general note library, and specification as necessary. Gray ♦ Jansing & Associates, Inc. 3/15/04 EXHIBIT B STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. Monthly progress reports will be submitted, which will detail on-going work as well as work accomplished since the previous report. The Engineer will prepare a memorandum documenting progress meetings. When feasible, the City's standard drawings and specifications of previously approved special provisions/specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. The Engineer will work with the City's project manager on items that require preliminary approval. The Engineer will incorporate all plans furnished by the City into one complete set of engineering documents. The Engineer will solicit and secure written permission for entry to accomplish any work within the proposed pump station site. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." GENERAL The scope of services to be provided for the Stone Oak Booster Pump Station consist of the installation of a skid mounted booster pump station and hydropneumatic tank at the site of the existing FM 1431 1.0 MGD water storage standpipe operated by the City of Round Rock. The skid mounted booster pump station includes 3 — 1,400 gpm pumps with motor control center, piping, control, isolation and bypass valves, RTU and programmable controls. The hydropneumatic tank will include a 30,000 gallon tank and air compressor installation. Site work includes clearing, preparation of foundation subgrade, construction of slab foundation for skid unit and transformer pad, and hydro tank along with miscellaneous concrete sidewalks, temporary erosion controls and revegetation of the site. The skid mounted booster pump station and hydro tank will be connected to the existing tank piping located at the site. PRELIMINARY ENGINEERING PHASE The Engineer will prepare an engineering report to respond to the issues raised by the Texas Commission on Environment Quality (TCEQ) in a letter dated January 20, 2004 regarding the project design. Responses will include identification of the service area including the number of connections, sizing of facilities including pressure maintenance facilities such as the hydropneumatic tank installation. The responses will be prepared in a draft form, submitted to the City of Round for review and comment prior to finalization and submittal to TCEQ for final review and approval. Gray • Jansing & Associates, Inc. Page 1 of 4 5/5/04 The Engineer will respond to all questions and comments generated as a result of the review of the preliminary engineering report by both City and TCEQ staff members. The Engineer will respond to those questions and comments in order to secure TCEQ's approval of the proposed Stone Oak Booster Pump Station project prior to beginning design. DESIGN AND APPROVAL PHASE The Engineer shall provide the following engineering services required for the preparation of the construction plans and specifications: FIELD SURVEYING 1. Identify existing utility information, determine area of conflicts and field locate conflicting utility lines both horizontally and vertically. 2. Prepare design survey information including all vertical and horizontal data collection in the field for the proposed Project. 3. Provide to Contractor horizontal and vertical datum for construction of Project. PROJECT DESIGN CONTROL 1. Develop plan/profile sheets. 2. Miscellaneous details. BOOSTER PUMP STATION AND HYDROPNEUMATIC TANK DESIGN 1. Prepare area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for booster pump station and hydro tank. 3. Prepare hydraulic data sheets. 4. Develop miscellaneous details. MISCELLANEOUS 1. Prepare project estimate, project specifications and general notes. 2. Prepare special specifications as required for non-standard items. 3. Prepare cost estimate. 4. Develop construction time estimate. APPROVAL 1. Submit plans and specifications to City of Round Rock for review and comment. 2. Submit plans and specifications to TCEQ for review and comment. 3. Meet with City staff to go over and address review comments. 4. Make revisions to plans and specifications as needed to address review comments. The construction plans and specifications for all improvements will be prepared in accordance with criteria as set forth by the City of Round Rock. The construction plans and specifications will need to be submitted to the City of Round Rock and the TCEQ for review and approval. The City and TCEQ will review and comment on the construction plans and specifications. The review comments will need to be addressed prior to the finalization of the plans and bidding on the contract for installation of the improvements. All original construction plans for this Project will be prepared on GJA mylar plan sheets and signed and sealed by registered professional engineers from GJA. CONSTRUCTION ADMINISTRATION AND PROJECT REPRESENTATIVE PHASES The Engineer shall provide the following engineering services required for construction administration and periodic project representation: 1. Manage and coordinate all aspects of the construction bidding process necessary for the Project. Gray ♦ Jansing & Associates, Inc. Page 2 of 4 5/5/04 2. Prepare the contract documents for the Contractor and City to execute for construction of the Project. 3. Issue all routine instructions to the Contractor. 4. Attend periodic construction coordination meetings with Contractor and City. 5. Perform periodic field review regarding progress and compliance of his work with construction specifications. 6. Prepare all routine change orders and make recommendations regarding same to City. 7. Review and recommend to the City for approval of the Contractor's monthly pay estimate. 8. Provide final review of the construction improvements in order to issue an Engineer's Certificate of Substantial Completion. 9. Prepare record drawings as required by the City. 10. Provide clarification of construction plans and specifications as needed to Contractor and City. NOTE: Construction staking activities in the field and preparation of cut sheets for all utility cuts, location of manholes and services, rough cuts for streets, final curb and gutter elevations, and locations of all drainage and detention improvements will be provided by the Contractor by a registered public surveyor and submitted to Engineer for review and recommendation to City. ENGINEERING FEES/COMPENSATION The proposed not -to -exceed budget for providing all of the above -listed engineering services related to the preparation of the preliminary engineering report and construction plans and specifications for the improvements, as well as acquiring approvals through both the City of Round Rock and TCEQ, and performing construction administration services during the course of construction of the Project is $39,796.50. Services will be invoiced monthly on an hourly basis in accordance with the hourly rates included as part of this project proposal. All reimbursable expenses for copies, bluelines and mylars are included in this not -to -exceed budget. Any inspection, filing, plan review fees, etc., as required by the City of Round Rock or TCEQ will be the City's responsibility. ENGINEERING SERVICES EXCLUDED FROM THIS CONTRACT The following engineering services are considered outside the scope of services outlined in this Contract and will be provided to the City on an hourly basis invoiced monthly in accordance with the Engineer's Fee Schedule. 1. Services of a full time Project Representative and other field personnel, as required, for on-site observation of construction. 2. Construction staking services. 3. Appearance before regulatory agencies other than to acquire approvals of the construction plans outlined in the Proposal. 4. Special investigations involving detailed consideration of operation, maintenance and overhead expenses, preparation of rate schedules, earnings and expense statements, special feasibility studies, flood studies, appraisals, valuations, and material audits or inventories required for certification of force account construction performed by the City. 5. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 6. Soil and foundation investigations, including bore hole staking, test analyses or equipment. Gray • Jansing & Associates, Inc. Page 3 of 4 5/5/04 7. Detailed mill, shop and/or laboratory inspection of materials or equipment. 8. Revisions to construction plans after the scope of work has been approved by the City other than to address routine review comments by governmental agencies on the plans. Gray • Jansing & Associates, Inc. Page 4 of 4 5/5/04 INFORMATION FOR PROFESSIONAL SERVICES AGREEMENT Project Name Stone Oak Booster Pump Station Professional Service Info.: Professional Service Info.: Name of Professional Service Provider Gray Jansing & Associates, Inc. Principal Business Address 8217 Shoal Creek Blvd., #200, Austin, Texas 78757 Agreement Termination Date April 1, 2005 Cost of the Service $39,796.50 All notices to be mailed to following contact and address David W. Gray, P.E. c/o Gray-Jansing & Associates, Inc., 8217 Shoal Creek Blvd., Suite 200, Austin, TX 78757 Signature Block for Engineer Name of the Engineer/Title David W. Gray, P.E., Principal Telephone (512) 452-0371 Fax (512) 454-9933 E-mail dwg@gja.net CORR Info: CORR Info: CORR-Project Manager Michael D. Thane, P.E. Address 2008 Enterprise Drive, 78644 Telephone (512) 218-3263 Fax (512) 218-5563 E-mail Mthane@round-rock.tx.us INFO PROF SERV AGREEMENT.doc/spec master/ EXHIBIT C STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK WORK SCHEDULE NEXT PAGE Gray ♦ Jansing & Associates, Inc. 3/15/04 Date: 3/15/04 U) O O CC3 (B (n 8 Q co U Q) 11 O 0,5 Q) -0 co • (f)co c co CCi O 0 c;—— O m Fl 1:3 -i-.• "rte 2 (I3 a? , a. O W W V"' N r T N T T T N 1 T w T O N MCN O Lo0) 7") ry 1 1 N M N T'''' N". - CD O N"'" CO) rs- CO LC) "Cr CO N Duration in Days -- N 0 CO 0 CO 0 CO 0 M -- N 0 0) co E H Z 'C O CD Ix c ai w c a 22 n. L) a. T- * > Q O < o$ a) '> i 19 0 r 06 U N C 0 •. V w= U C1) 2 n 0 d O o .2 ( n `) 4. > m O ¢ 0 '> w 0L_�� r 06 .?-o U d' c N >0 Q m to U (0 L 0 0 '_ < c u) cts - o > •U ca; 00 .«_. E a oo m v L Z _ U I: 5+ C 0 E c , m E 0 a A�m-yy W H 6, U eri EXHIBIT D STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK SALARY COST/RATES Principal $80 - $105 Hour Project Manager $30 - $80 Hour Technical Support $27 - $60 Hour Field Representative $30 - $50 Hour Clerical Support $19 - $45 Hour Bluelines Final Ortho -photography Plots Reproduction Mileage Airline Flights Per Diem Mail $ 0.50 SF $ 0.60 SF $ 0.15 EA $ 0.31 Mile EA Day $ 0.33 EA Overhead, Operating & Profit 2.4X PROJECT DETAILS Project: Booster Pump Station Easement Parcels Agency/Committee Meetings Public Meetings Public Hearings 1 1 12 2 0 Each Each Each Each Each Page 1 of 3 3/15/04 MANHOUR SUMMARY TOTAL PROJECT FEE STONE OAK BOOSTER PUMP STATION CITY OF ROUND ROCK OVERHEAD 2.4 LABOR X TOTAL LABOR: COSTS OPERATING COSTS & PROFIT Preliminary Engineering Report $ 2,808.00 $ 6,739.20 $ 6,739.20 Field Surveys/Mapping $ 272.00 $ 652.80 $ 652.80 Booster Pump Station Design $ 3,000.00 $ 7,200.00 $ 7,200.00 Approvals $ 3,856.00 $ 9,254.40 $ 9,254.40 Construction Administration $ 2,424.00 $ 5,817.60 $ 5,817.60 TOTALS $ 12,360.00 $ 29,664.00 $ 29,664.00 DIRECT COSTS: EXPENSES: UNIT RATE QUANTITY Bluelines SF $ 0.50 1,350 $ 675.00 Final Ortho -photography Plots SF $ 0.60 15 $ 9.00 Reproduction EA $ 0.15 2,000 $ 300.00 Mileage Mile $ 0.31 300 $ 93.00 Airline Flights EA -- Per Diem Day -- Mail EA $ 0.37 150 $ 55.50 TOTAL EXPENSES $ 1,132.50 SUB -CONTRACTS: TASK Structural Design — Wilson Geisler Structural Slab $ 1,500.00 Survey & Mapping — Rene Zamora Design Surveys & Maps $ 2,500.00 Electrical Design — Jim Schultz Electrical $ 5,000.00 TOTAL SUB -CONTRACTS $ 9,000.00 TOTAL DIRECT COSTS $ 10,132.50 TOTAL COST $ 39,796.50 Gray • Jansing & Associates, Inc. Page 2 of 3 5/5/04 MANHOUR SUMMARY PRELIMINARY ENGINEERING REPORT Manhours Rate Direct Labor Principal 10 $80 $ 800 Project Manager 40 $38 $ 1,520 Technical Support 8 $30 $ 240 Field Representative 0 $37 Clerical Support 8 $31 $ 248 Subtotal 66 $ 2,808 FIELD SURVEYS/MAPPING Manhours Rate Direct Labor Principal 0 $80 $ 0 Project Manager 4 $38 $ 152 Technical Support 4 $30 $ 120 Field Representative 0 $37 Clerical Support 0 $31 Subtotal 8 $ 272 DESIGN BOOSTER PUMP STATION DESIGN Manhours Rate Direct Labor Principal 8 $80 $ 640 Project Manager 24 $38 $ 912 Technical Support 40 $30 $ 1,200 Field Representative 0 $37 $ 0 Clerical Support 8 $31 $ 248 Subtotal 80 $ 3,000 APPROVALS Manhours Rate Direct Labor Principal 8 $80 $ 640 Project Manager 40 $38 $ 1,520 Technical Support 40 $30 $ 1,200 Field Representative 0 $37 0 Clerical Support 16 $31 $ 496 Subtotal 104 $ 3,856 CONSTRUCTION ADMINISTRATION Manhours Rate Direct Labor Principal 16 $80 $ 1,280 Project Manager 8 $38 $ 304 Technical Support 0 $30 0 Field Representative 16 $37 $ 592 Clerical Support 8 $31 $ 248 Subtotal 48 $ 2,424 Gray ♦ ,Lansing & Associates, Inc. Page 3 of 3 5/5/04 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Date: 05/13/2004 EXHIBIT USI Insurance Services of Texas 1946 South III -35, Suite 301 Austin, Texas 78704 Phone: 512/443-0878 INSURED Gray-Jansing & Associates, Inc. 8217 Shoal Creek, Suite 200 Austin, DC 78757 Phone: 512 452-0371 A Security Insurance Company of Hartford B C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE NUMBER DATE LTR EXPIRATION DATE LIMITS A PROFESSIONAL LIABILITY AEE0232428 07/26/03 07/26/04 51,000,000/Claim S1,000,000/Aggregate DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Attn: Christine Martinez, City Secretary SIGNAORIZED REPRESENTATIVE Rev'd 2/10/03 - Professional Liability Certifcate.doc Name: Jim Jimmerson Sales Executive CITY OF ROUND ROCK, TEXAS ACCOUNTS PAYABLE 221 East Main Street, Round Rock, Texas 78664 Pursuant to Internal Revenue Service Regulations, we ask that you furnish the City of Round Rock with your Taxpayer Identification Number (TIN). If this number is not provided, IRS regulations require us to subject you to a 20% withholding on each payment. To avoid this withholding and to ensure that accurate tax information is reported to the Internal Revenue Service, we would appreciate your cooperation in providing us with the information requested below. Please contact the City of Round Rock Accounts Payable Division at (512) 218- 5434 if you have any questions or problems with this request. Thank you for your assistance in this matter. BUSINESS ENTITY: (please check only one) Individual Estate/Trust Partnership Sole Proprietorship Corporation Public Service Corporation Governmental/Non-profit Other: Individual: list name as shown on your social security card and your social security number. Sole Proprietorship: list owner's legal name followed by the legal business name and list the owner's social security number. All others: list the legal name of your corporation, partnership, organization, or other legal entity and list your Employer Identification Number. LEGAL BUSINESS NAME: GRAY-JANSING & ASSOCIATES, INC. ADDRESS: 8217 SHOAL CREEK BLVD., SUITE 200 AUSTIN, TX 78757 9 DIGIT TAXPAYER IDENTIFICATION (TIN): Social Security Number: Federal Employer Identification Number: 7 -4_5 3 3 9 o I UNDER PENALTIES OF PERJURY, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, I DECLARE THAT THIS FORM HAS BEEN COMPLETED FULLY AND ACCURATELY. Patricia E. Leahy Accts. Mgr. Name Print pr Type) Signature Date Title (Print or Type) (512) 452-0371 Telephone Number ASSIGNED VENDOR #. ASSIGNED BY: Revised 01/14/04 W-9 FORM