R-09-10-08-9E4 - 10/8/2009RESOLUTION NO. R -09-10-08-9E4
WHEREAS, the City of Round Rock desires to retain engineering
services for the Southwest Downtown Project 1 (Main Street from San
Saba to IH35 NBFR), and
WHEREAS, Baker-Aicklen & 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 Baker-Aicklen & 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 Baker-
Aicklen & Associates, Inc. for the Southwest Downtown Project 1 (Main
Street from San Saba to IH35 NBFR), 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.
0:\wdox\SCC1nts\0112\0905\MONICIPAL\R91008E4.DOC/rmc
RESOLVED this 8th day of October, 2009.
0 )11
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
EXHIBIT
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Engineer")
ADDRESS: 507 West Liberty Avenue, Round Rock, TX 78664
PROJECT: Southwest Downtown Project 1 (Main Street from San Saba to I1135 NBFR)
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2009 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 Rev. 10/08
0199.7125; 17I421 00064494
TX02MAIN
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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) Terrn. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform 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,
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(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 Two Hundred Twenty Eight Thousand. Two Hundred Sixty One and 25/100 Dollars
($228,261.25) 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 (I) 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.
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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:
Bill Stablein
Project Manager II
Transportation Services Department
212 Commerce Boulevard
Round Rock, Texas 78664
Telephone Number (512) 218-5562
Fax Number (512) 218-3242
Email Address bstablein@round-rock.tx.us
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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:
Leah J. Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, TX 78664
Telephone Number (512) 244-9620
Fax Number (512) 244-9623
Email Address Icoffrnan@baker-aicklen.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary; or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attaiiunent 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.
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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.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract,
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. Ali 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.
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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
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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 reasonable attorneys fees which may be incurred by City in Iitigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
10
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subeonsultant 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 Cetrtificates 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.
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Leah J. Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, TX 78664
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.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
Sara L. White, City Secretary
BA K R-AICKLEN & ASSOCIATES, INC.
Sig hire of Print at _
Printed Name: i YCdd l — = Dip/CX- )P/A P .5
V*Ic& Pr,d Op-e4ca 6 5
Stephan L. Sheets, City Attorney
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LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit ID Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
The CITY will furnish to the ENGINEER the following information and/or perform the
following tasks:
1. Provide a Project Manager to serve as the primary point of contact for the ENGINEER for this
project.
2. Furnish all applicable data and correspondence the CITY may have on file for this project.
3. Provide existing typical sections, as -built drawings, and right-of-way maps for Main Street and
San Saba Street as available.
4. Provide proposed typical sections, proposed construction plans, and drainage analyses for Project
2 (Main Street between San Saba and Brown Street) as available.
5. Provide any existing survey data that is available in this vicinity.
6. Provide right-of-way acquisition services.
7. Provide assistance with right -of -entry acquisition, as needed.
8. Provide assistance in obtaining information from local, regional, state and federal agencies, as
required.
9. Provide design criteria and approve design speed.
10. Provide timely reviews at predetermined milestones, decisions and directions necessary to
permit the project to progress according to the agreed upon project schedule (Exhibit C).
11. Meet on an as need basis to answer questions, provide guidance, and offer comment.
12. Promptly review invoices to CITY guidelines.
13. Provide Preliminary Cost Estimates.
REFERENCES
1. City of Round Rock Design and Construction Standards Criteria Manual, latest edition
2. City of Round Rock Standard Specifications Manual
3. City of Round Rock Drainage Criteria Manual
4. City of Round Rock Transportation Criteria Manual
5. TxDOT Roadway Design Manual, latest edition
6. TxDOT Bridge Design Manual, latest edition
7. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets;
and Bridges - 2004 (English units)
8. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
9. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
10. National Environmental Policy Act (NEPA)
11. Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Article 9102, Texas
Civil Statutes, Effective April 4, 1994, including latest revisions
1 of 2
NOTES
1. All design shall be in accordance with the above references, except where variances are
permitted in writing by the CITY. (The above annotated List is not intended to be all
inclusive; there may be other references required dependent upon the specific design needs of
the project.)
2. The ENGINEER is responsible for purchasing all references which are required for the
project.
3. Design Criteria Order of Precedence: Design Criteria for the Main Street Extension
development shall be according to the following descending order of precedence:
1) City of Round Rock criteria, standards, and specifications
2) Texas Department of Transportation criteria, standards, and specifications.
2 of 2
EXHIBIT B
Engineering Services
The work to be performed under this contract will consist of providing professional engineering and
surveying services for the development of PS&E to extend Main Street from San Saba to the 1H 35
NBFR in Round Rock, Texas. All PS&E documents will be submitted on 11"x17" sheets. The project
will be developed in English units. The work to be performed by the ENGINEER under this work
authorization, in general, will consist of:
1. Project Management
This task will include the following activities:
• Provide overall project management services including budget control, schedule control, project
coordination, resource allocation, and preparation of invoices.
• Ensure timely delivery of PS&E, all deliverables including electronic files, and hard copies of all
pertinent information, all in American Standard System of Measure format.
• Perform Quality Control.! Quality Assurance reviews.
• General Project Meetings
• Attend three (3) meetings as directed by CITY.
• Record and distribute meeting minutes.
• Submittals and Design Review Meetings - 30%, 60%, 90%, 95%, and 100% submittals will be
required. The ENGINEER will attend 30%, 60% and 90% submittal review meetings. Five (5)
copies will be required for each submittal. Comments and revisions requested at the review
meetings will be incorporated into the plans for the subsequent submittal.
a. 30% Submittal & Review - Submittal will include preliminary cross sections, P&P
sheets, existing and proposed typical sections, preliminary title and index sheets,
preliminary drainage area map and drainage calculations, preliminary bridge layouts (if
required), preliminary retaining wall layouts (if required), sequence of work outline,
preliminary utility exhibits, summary sheet outline, identify potential utility conflicts,
update estimates, and update project schedule.
b. 60 % Submittal & Review - Submittal will include addressing 30% review corntnents,
final typical sections, final drainage calculations, final bridge layouts, final retaining wall
layouts (if required) and details, final utility exhibits, preliminary traffic control plans,
preliminary signing and pavement marking layouts, update cross sections, estimates, and
project schedule.
c. 90% Submittal & Review - Submittal will include addressing 60% review comments,
final utility conflict identification and resolution, final P&P sheets, final signing and
striping layouts, final miscellaneous roadway details, final bridge design and details, final
retaining wall design and details (if required), final traffic control plans, final SW3P, final
quantities, update estimates and project schedule, general notes and specifications.
d. 95% Submittal & Review — Address 90% review comments, update quantities, update
general notes, specifications, and estimate. Provide one set of 11"x 17" mylar originals for
final review, with a registered Professional Engineer's seal on each sheet, and four (4) sets
of prints of the plans including all applicable standards.
e. 100% Submittal & Review — Address final review comments.
1
2. PS&E Development
This task will include the following activities:
A. Roadway Design Controls
• Develop typical section sheets (NTS).
• Develop Project Layout sheet (1" = 500'),
• Develop Horizontal Alignment Data sheet.
• Develop roadway plan and profile sheets (1" = 100'). Coordinates, superelevation data,
major earthwork quantities, stations, and elevations of key alignment features and
benchmarks will be noted.
• Develop driveway details, grading details, intersection details, and miscellaneous roadway
detail sheets.
• Finalize design cross sections and develop cross section sheets. Cross section sheets will be
developed at a scale of 1" = 10'. Determine the quantities of cut and fill for each cross
section.
• Determine the location and size of any necessary construction easements.
• Assemble applicable roadway standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
• Prepare Summary of Roadway Quantities at the 90% submittal.
B. Drainage Design
• Perform drainage analysis and design.
• Develop drainage area map (1" = 100'). Delineate drainage area boundaries based on USGS
topographic maps, contour maps, and field survey reconnaissance.
• Calculate peak discharges - Determine conveyance paths, channel slopes, time of
concentration, and select runoff coefficients/RCN curve numbers, to determine design -year
flows. Confirm design flows with flows used by FEMA.
• Develop models of conveyance elements. A model will be developed for proposed drainage
structures on Main Street. The ENGINEER will verify cross sections at or near the proposed
bridge. The sections will be based on verified field survey and aerial topographic details
outside the field survey limits.
• Analyze the proposed roadway profile and determine the appropriate bridge opening size.
The bridge opening will be based on the hydraulic analyses.
• Generate hydraulic computation sheets.
• Design any necessary street or bridge inlets and/or storm sewer as part of the water quality
design.
• Coordinate drainage design with proposed design of Project 2 (Main Street between San
Saba and Brown Street) by others.
• Determine the size and location of any necessary drainage easements.
• Prepare Drainage Report — Prepare a drainage report summarizing the findings and
recommendations developed in the preliminary drainage study. The report will document all
relevant calculations, exhibits and supporting documents including the final drainage design
with the proposed locations and sizing of the improvements. The ENGINEER will size all
improvements to pass the appropriate design -year storm without exceeding allowable
headwater elevations. The City of Round Rock Drainage Criteria Manual will be used to
2
establish design controls. Applicable FEMA criteria will also be satisfied. Hydraulic data
will be summarized on the drainage layout.
• Develop Drainage Layout sheets for drainage structures in accordance with CITY standard
details and the City of Round Rock Drainage Criteria Manual.
• Determine channel and easement grading in accordance with CITY and US Army Corps of
Engineers (USACE) guidelines.
• Prepare drainage plan details necessary to clarify the construction requirements of the
drainage facilities.
• Assemble applicable drainage standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
• Calculate and tabulate quantities for drainage items for the project at the 90% submittal.
C. Bridge Design
• Prepare up to three (3) Bridge Layout plan and profile exhibits. In addition to super- and
sub-structure type and geometry, alternatives will consider aesthetics in the form of rail
options, concrete facings, and elements relative to the CITY's master planning such as
lighting and artwork. All bridge structures will be designed with AASHTO LRFD Design
Specifications for HL 93 loading.
• Bridge Layout - Prepare Bridge Layout plans and elevations for the preferred alternative
schematic bridge. The ENGINEER will make final design calculations and final detail
drawings for the preferred alternative. Specific bridge activity items associated with Main
Street over Lake Creek include:
a. Soil borings in the form of Wincore data will be utilized for foundation design and
details.
b. Scour data will be considered in bent and foundation design.
c. Deck drains will be incorporated, as necessary.
d. Aesthetic details and bridge lighting will be incorporated, as necessary,
e. Depending on preferred alternative, bridges may utilize TxDOT standard prestressed
concrete bridge details. As applicable, prestressed concrete beam units shall be designed
to be "poor-boy" continuous, with no integral concrete end diaphragms, The level of
effort inthe design process is expected to be greater than that associated with a standard
TxDOT bridge project given aesthetic treatment of bridges.
f. It is assumed that no phased construction for bridges will be required.
g. Assemble applicable bridge standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
h. Calculate and tabulate quantities for bridge items for the project at the 90% submittal.
3
D. Storm Water Pollution Prevention Plans (SW3P)
• Prepare SW3P Index Sheet and develop SW3P layouts at a scale of 1 in = 100 feet showing
all necessary erosion control devices such as: sediment control fences, rock filter dams, soil
retention blankets, riprap slope protection and other devices as required.
• The ENGINEER will develop a SW3P plan consistent with the project construction phases
that will minimize sediment discharge from the project site through runoff. The plan will
identify the SW3P components that will mitigate the impacts of construction activities,
• Assemble applicable SW3P standards. Identify and acquire all applicable standards. Modify
standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for SW3P items for the project at the 90% submittal.
E. Signing and Pavement Markings
• Signing and Pavement Marking Layout - Prepare a signing and marking layout at a scale of 1"
= 100'. The signing and marking layout will identify the various types of pavement markings,
proposed signing, delineation and location of project features which would present a hazard to
traffic.
• Prepare a small sign summary sheet.
• Assemble applicable signing and pavement marking standards. Identify and acquire all
applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for signing and pavement marking items for the project at
the 90% submittal.
F. Traffic Control Plan (TCP)
• Develop TCP narrative, typical sections, and layouts (I" = 100'). The plan will identify
work areas, temporary paving, temporary shoring, signing, detour alignment, barricades, and
other TCP related items. A narrative will be prepared incorporated into the plans.
• Assemble applicable traffic control and work zone standards. Identify and acquire all
applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for traffic control items for the project at the 90%
submittal.
G. Miscellaneous Roadway Sheets
• Project Title Sheet
• Supplemental Index Sheet
• Project Estimate - Prepare an engineer's estimate of probable construction cost. The estimate
will be prepared for the project at the 30%, 60%, 90% and 100% submittals
• General Notes and Specifications - The ENGINEER will prepare the general notes,
specification data, and Basis of Estimate.
4
H. Water Quality
• Meet as required with TCEQ to discuss project scope, expected pollutant loading rates, and
appropriate permanent controls to meet the water quality requirements of the design drainage
area.
• Evaluate different water quality control options and means to integrate these options into the
design of the street drainage system.
• Perform the necessary water quality design, verify that the pollutant removal rates meet
TCEQ requirements, and generate all necessary water quality permit and construction plans
and specifications.
• Prepare and process the Water Pollution Abatement Plan (WPAP) through TCEQ.
3. Surveying
• Prepare a tree and topographic survey, with one (1) foot contours, of a 150 foot wide by +1-675
foot long strip of land linking IH 35 to the intersection of San Saba Street and West Main Street
in Round Rock, Texas. Trees to meet City of Round Rock criteria. Additionally, the survey will
include five (5) cross-sections of Lake Creek, with locations to be designated by ENGINEER.
• Coordinate with Engineers and Surveyors for Main Street and San Saba projects to determine
final horizontal and vertical alignment of the Main Street/San Saba intersection.
• The survey will be referenced to NAD 83/HARN horizontal datum and NAVD 88 vertical
dation, referenced to the City of Round Rock GPS Control Network.
• Prepare right-of-way maps, metes and bounds descriptions, sketches for each parcel to be
acquired and set right-of-way pins. (Maximum of 4 parcels assumed).
4. Geotechnical Investigation
• Determine subgrade conditions beneath the proposed bridge and retaining wall locations.
• Provide bridge foundation design recommendations and construction recommendations.
• Provide design parameters for retaining wall design to be done by others.
• Provide pavement thickness design recommendations.
• Field investigation includes:
a. Borings for bridge abutments, bents, and retaining walls: 2 borings at 55' depth
b. Borings for pavement design: 3 borings at 10' depth
• Perform laboratory tests (natural water contents, Atterberg Limits, and partial gradation analyses)
to classify soil strata, evaluate plasticity, and shrink/sweIl potential of on-site materials.
Unconfined compression tests will be conducted on selected intact rock specimens to evaluate
the compressive strength of the subsurface strata. Particle size analysis of streambed samples to
determine D50 and D90 particle size is not included.
• Provide Engineering Report to include:
a. General subsurface conditions, discussion of site geology, boring logs with descriptions of
strata and laboratory test results, and water levels obtained at the time of drilling;
b. Boring location plan;
c. Geotechnical recommendations for bridge foundation drilled shaft foundations, including
allowable bearing pressures and depths, and associated settlements for bridge structures;
d. Recommendations for retaining wall design including design lateral pressures, allowable
bearing pressures, allowable footing sliding resistance and external stability analyses;
e. Recommendations for pavement thickness design and for construction recommendations; and
5
f General foundation construction and earthwork recommendations.
5. Miscellaneous Services
• Develop exhibits as needed to conduct 1 public meeting
• Attend up to 5 stakeholder meetings
6. Environmental Services
• Conduct US Army Corps of Engineers (USACE) jurisdictional waters / wetland delineation
pursuant to current USACE methodologies outlined in the 1987 Wetland Delineation Manual.
• Prepare a jurisdictional waters delineation report.
• Conduct a karst terrain feature survey / geologic assessment.
• Prepare a geologic assessment report in accordance with TCEQ requirements,
• Conduct a threatened and endangered species habitat assessment (excluding karst invertebrates).
• Conduct an intensive archaeological survey of sufficient intensity to satisfy applicable cultural
resource regulations of the federal National Historic Preservation Act (NHPA) and the State of
Texas Antiquities Code including background literature search, archaeological survey, historic
properties assessment and associated report preparation.
• Prepare a storm water pollution prevention plan (SW3P) covering the entire project site including
temporary and permanent easements.
• Prepare an environmental transaction screen to assess the environmental condition and identify
potential environmental concerns in connection with the project site.
• US Housing and Urban Development (HUD) Environmental Review for Community Block Grant
Program
a. Compliance Documentation Checklist
• Flood Disaster Protection Act
• CostaI Barriers Resources Act
• Airport Runway Clear Zones and Clear Zones Disclosures
b. Statutory Checklist
• Historic Preservation
• Floodplain Management
• Wetland Protection
• Coastal Zone Management
• Sole Source Aquifers and Safe Drinking Water Act
• Fish and Wildlife Service Endangered Species Act
• Wild and Scenic Rivers Act
• Clean Air Act
• Farmland Protection Policy Act
• Environmental Justice
HUD Environmental Standards
o Noise Abatement and Control
o Explosive and Flammable Operations
o Toxic Chemicals and Radioactive Materials
o Airport Clear Zones and Accident Potential Zones
c. Environmental Assessment Checklist
• Land Development
o Conformance with Comprehensive Plans and Zoning
6
o Compatibility and Urban Impact
o Slope
o Erosion
o Soil Suitability
o Hazards and Nuisances Including Site Safety
o Energy Consumption
• Noise — Effects of Ambient Noise on Project and Contribution to Community Noise Levels
• Air Quality — Effects of Ambient Air Quality on Project and Contribution to Community
Pollution Levels
• Environmental Design, Historic Values and Urban Impact
o Visual Quality Coherence, Diversity, Compatible Use and Scale
o Historical, Cultural and Archaeological Resources
• Socioeconomic
o Demographic Character Changes
o Displacement
o Employment and Income Patterns
• Community Facilities and Services
o Educational Facilities
o Commercial Facilities
o Health Care
o Social Services
o Solid Waste
o Wastewater
o Stormwater
o Water Supply
o Public Safety
o Open Space and Recreation
o Transportation
• Natural Features
o Water Resources
o Stu -face Water
o Floodplains
o Wetlands
o Coastal Zone
o Unique Natural Features and Agricultural Lands
o Vegetation and Wildlife
• Discussion of Alternatives
• Summary of Existing Conditions
7. Services Not Included
• Earthwork quantities separated by construction phase.
• Design work for the relocation of utilities.
• Traffic Studies that develop traffic projections.
7
REFERENCES
1. City of Round Rock Design and Construction Standards Criteria Manual, latest edition
2. City of Round Rock Standard Specifications Manual
3. City of Round Rock Drainage Criteria Manual
4. City of Round Rock Transportation Criteria Manual
5. TxDOT Roadway Design Manual, latest edition
6. TxDOT Bridge Design Manual, Latest edition
7. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges - 2004 (English units)
8. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
9. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
10. National Environmental Policy Act (NEPA)
11, Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Article 9102, Texas Civil
Statutes, Effective April 4, 1994, including latest revisions
NOTES
1. All design shall be in accordance with the above references, except where variances are permitted in
writing by the CITY. (The above annotated list is not intended to be all inclusive; there may be
other references required dependent upon the specific design needs of the project.)
2. The ENGINEER is responsible for purchasing all references which are required for the project.
3. Design Criteria Order of Precedence: Design Criteria for the Main Street Extension development
shall be according to the following descending order of precedence:
a. City of Round Rock criteria, standards, and specifications
b. Texas Department of Transportation criteria, standards, and specifications.
8
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EXHIBIT D
Fee Schedule
Classification
Sr. Project Manager (Engineering)
Sr. Project Manager (Surveying)
3 -Man Field Party
Project Manager
Sr. Project Engineer
Project Surveyor
Engineer Designer
Adtninistrative Assistant
Estimated Direct Labor (BA)
Overhead (BA)
Fixed Fee A)
Professional Ser -vices Fee (BA)
Esfirrated Direct Labor —`
Aguirre & Fields LP (AFLP)
Hours Direct Rate
22
1
46
158
182
48
240
26
723
197.00%
$60.10
$60.10
$52.00
$42.91
$36.00
$36.00
$29.25
$22.25
Totals
$1,322.20
$60.10
$2,392.00
$6,779.78
$6,552.00
$1,728.00
$7,020.00
$578.50
$26,432.58
$52,072.18
$9,420.57
587,925.33
Classification
Project Manager
Bridge Engineer
EIT TI
Engineer Tech
Estimated Direct Labor (AFLP)
Overhead (AFLP)
Fixed Fee (AFLP)
Professional Services Fee (AFLP)
Hours
118
196
196
282
Rate
$46.00
$46.00
$25.00
$24.00
Totals
$5,428.00
$9,016.00
$4,900.00
$6,768.00
792 $26,112.00
165% $43,084,80
12% $ 8,303.62
Estimated Direct Expenses
Mylars
Plans Reproduction (30%,60%,90%,final)
Project Manual (350 sheets)
Mileage
Per Diem
TotalEstimated Direct Expenses
1 of 2
150
500
350
$3.75
$0.45
$0.25
$0.505
$25
77,50042
$562.50
$225.00
$87.50
$=875.00
Total Estimated Geotechnical Services=(FUGRO)
Total Estimated Environmental` Services (SWCA)
$20,640.So
41;320.00
2 of 2
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
Date: 05/22/09
TDI number required, Please refer to the
PRODUCER: Texas Dept of Insurance website: httn://wwv/Adi,atate-tx.ust
USI Southwest
7600-8 N. Cao. Of TX Hwv. 44200
Ausiln.Texas 78731
Phone:512-451.7555 E-mail:
INSURED:
Baker•Aicklen & Assoc., Inc.
507 W. Liberty Av.
Round Rock. Texas 78664
Phone:512244-8820 E -map;
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 heretnafter described. Exceptions to the policies are noted below,
CO
LTR
TYPE OF POLICY EFFECTIVE EXPIRATION
INSURANCE NUMBER DATE DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE S
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 5
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS 5
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE S
PROFESSIONAL LIABILITY VEONG21674278003 05121109-05121410 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Date: 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEHIDLESFSPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as- additional Insured with respect to ail policies except `Workers' Compensation and Employers'
Liability' and 'Professtonai Llabtltty. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mall thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNATURE O NT LICENSE TATE OF TEXAS
221 E. Main Street »e4) L . {flwr:k7p
Round Rock, Texes 78864
128384
00650– 1-2008
Typed Name: _Jirtf. Jimmerson
Title: Vico President
Page 2 ^
Certificate of Liability insurance
r
COMPANIES AFFORDING COVERAGE
TD1
A
ACE American Ins. Company
#42160
B
0
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 heretnafter described. Exceptions to the policies are noted below,
CO
LTR
TYPE OF POLICY EFFECTIVE EXPIRATION
INSURANCE NUMBER DATE DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE S
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 5
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS 5
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE S
PROFESSIONAL LIABILITY VEONG21674278003 05121109-05121410 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Date: 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEHIDLESFSPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as- additional Insured with respect to ail policies except `Workers' Compensation and Employers'
Liability' and 'Professtonai Llabtltty. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mall thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNATURE O NT LICENSE TATE OF TEXAS
221 E. Main Street »e4) L . {flwr:k7p
Round Rock, Texes 78864
128384
00650– 1-2008
Typed Name: _Jirtf. Jimmerson
Title: Vico President
Page 2 ^
Certificate of Liability insurance
DATE: October 1, 2009
SUBJECT: City Council Meeting — October 8, 2009
ITEM: 9E4. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Baker-Aicklen & Associates, Inc. for the Southwest
Downtown District Infrastructure Improvements Phase 1B Project.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works Operations
This Contract for Engineering Services with Baker-Aicklen & Associates, Inc. consists of providing
professional engineering and surveying services for the development of PS&E to extend Main Street
from San Saba to the Northbound IH 35 Frontage Road. Also included is the preparation of Bridge
Layout plans, profile exhibits, and elevations for the preferred alternative schematic bridge. In addition
to super — and sub -structure type and geometry, alternatives will consider the aesthetics in the form of
rail options, concrete facings and elements relative to the City's Master Planning.
Funding:
Cost: $228,261.25
Source of funds: 4B — Round Rock Transportation Development Corporation Construction
Outside Resources: Baker-Aicklen & Associates, Inc.
Background Information:
The Southwest Downtown Infrastructure Street Improvement Project consists of 4 separate projects.
This Contract with Baker-Aicklen is for Project 1 (Main Street from San Saba to the IH35 NBFR). Council
approved a Contract with Page Southerland Page for Project 2 and 3 (Main Street between San Saba and
Blair Streets) at their August 27, 2009 meeting (R -09-08-27-9E1). At the same Council meeting they also
approved the Contract for Project 4 (Main Street from Blair Street to BI 35) with Huggins/Seiler &
Associates.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
"ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Engineer")
ADDRESS: 507 West Liberty Avenue, Round Rock, TX 78664
PROJECT: Southwest Downtown Project 1 (Main Street from San Saba to I1135 NBFR)
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the Vb. day of �, 2009 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 Rev. 10/08
0199.7125; 171421 00064494
TX02MAIN
1
glo -ot-'
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 perform 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,
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(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 Two Hundred Twenty Eight Thousand, Two Hundred Sixty One and 25/100 Dollars
($228,261.25) 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
perforrned. 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.
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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:
Bill Stablein
Project Manager II
Transportation Services Department
212 Commerce Boulevard
Round Rock, Texas 78664
Telephone Number (512) 218-5562
Fax Number (512) 218-3242
Email Address bstablein@round-rock.tx.us
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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:
Leah J. Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, TX 78664
Telephone Number (512) 244-9620
Fax Number (512) 244-9623
Email Address lcoffrnan@baker-aicklen.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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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
perforin 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
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 reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
10
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such 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.
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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
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Leah J. Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, TX 78664
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.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the tennis of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS AP VEDAS Tc FORM:
By:'-
Alan McGraw, Mayor StephaL. Sheets, City Attorney
ATTEST:
By:
Sara L. White, City Secretary
BAKER-AICKLEN & ASSOCIATES, INC.
B"11111110tk
Signe of Princal
Printed Name: Tedd i . Dt
V es h -f -F
14
PPL.S
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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
City Services
The CITY will furnish to the ENGINEER the following information and/or perform the
following tasks:
1. Provide a Project Manager to serve as the primary point of contact for the ENGINEER for this
project.
2. Furnish all applicable data and correspondence the CITY may have on file for this project.
3. Provide existing typical sections, as -built drawings, and right-of-way maps for Main Street and
San Saba Street as available.
4. Provide proposed typical sections, proposed construction plans, and drainage analyses for Project
2 (Main Street between San Saba and Brown Street) as available.
5. Provide any existing survey data that is available in this vicinity.
6. Provide right-of-way acquisition services.
7. Provide assistance with right -of -entry acquisition, as needed.
8. Provide assistance in obtaining information from local, regional, state and federal agencies, as
required.
9. Provide design criteria and approve design speed.
10. Provide timely reviews at predetermined milestones, decisions and directions necessary to
permit the project to progress according to the agreed upon project schedule (Exhibit C).
11. Meet on an as need basis to answer questions, provide guidance, and offer comment.
12. Promptly review invoices to CITY guidelines.
13. Provide Preliminary Cost Estimates.
REFERENCES
1. City of Round Rock Design and Construction Standards Criteria Manual, latest edition
2. City of Round Rock Standard Specifications Manual
3. City of Round Rock Drainage Criteria Manual
4. City of Round Rock Transportation Criteria Manual
5. TxDOT Roadway Design Manual, latest edition
6. TxDOT Bridge Design Manual, latest edition
7. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets,
and Bridges - 2004 (English units)
8. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
9. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
10. National Environmental Policy Act (NEPA)
11. Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Article 9102, Texas
Civil Statutes, Effective April 4, 1994, including latest revisions
1 of 2
NOTES
1. All design shall be in accordance with the above references, except where variances are
permitted in writing by the CITY. (The above annotated list is not intended to be all
inclusive; there may be other references required dependent upon the specific design needs of
the project.)
2. The ENGINEER is responsible for purchasing all references which are required for the
proj ect.
3. Design Criteria Order of Precedence: Design Criteria for the Main Street Extension
development shall be according to the following descending order of precedence:
1) City of Round Rock criteria, standards, and specifications
2) Texas Department of Transportation criteria, standards, and specifications.
2 of 2
EXHIBIT B
Engineering Services
The work to be performed under this contract will consist of providing professional engineering and
surveying services for the development of PS&E to extend Main Street from San Saba to the 1H 35
NBFR in Round Rock, Texas. All PS&E documents will be submitted on 11"x17" sheets. The project
will be developed in English units. The work to be performed by the ENGINEER under this work
authorization, in general, will consist of:
1. Project Management
This task will include the following activities:
• Provide overall project management services including budget control, schedule control, project
coordination, resource allocation, and preparation of invoices.
• Ensure timely delivery of PS&E, all deliverables including electronic files, and hard copies of all
pertinent information, all in American Standard System of Measure format.
• Perform Quality Control/ Quality Assurance reviews.
• General Project Meetings
• Attend three (3) meetings as directed by CITY.
• Record and distribute meeting minutes.
• Submittals and Design Review Meetings - 30%, 60%, 90%, 95%, and 100% submittals will be
required. The ENGINEER will attend 30%, 60% and 90% submittal review meetings. Five (5)
copies will be required for each submittal. Comments and revisions requested at the review
meetings will be incorporated into the plans for the subsequent submittal.
a. 30% Submittal & Review - Submittal will include preliminary cross sections, P&P
sheets, existing and proposed typical sections, preliminary title and index sheets,
preliminary drainage area map and drainage calculations, preliminary bridge layouts (if
required), preliminary retaining wall layouts (if required), sequence of work outline,
preliminary utility exhibits, summary sheet outline, identify potential utility conflicts,
update estimates, and update project schedule.
b. 60 % Submittal & Review - Submittal will include addressing 30% review comments,
final typical sections, final drainage calculations, final bridge layouts, final retaining wall
layouts (if required) and details, final utility exhibits, preliminary traffic control plans,
preliminary signing and pavement marking layouts, update cross sections, estimates, and
project schedule.
c. 90% Submittal & Review - Submittal will include addressing 60% review comments,
final utility conflict identification and resolution, final P&P sheets, final signing and
striping layouts, final miscellaneous roadway details, final bridge design and details, final
retaining wall design and details (if required), final traffic control plans, final SW3P, final
quantities, update estimates and project schedule, general notes and specifications.
d. 95% Submittal & Review — Address 90% review comments, update quantities, update
general notes, specifications, and estimate. Provide one set of 11"x 17" mylar originals for
final review, with a registered Professional Engineer's seal on each sheet, and four (4) sets
of prints of the plans including all applicable standards.
e. 100% Submittal & Review — Address final review comments.
1
2. PS&E Development
This task will include the following activities:
A. Roadway Design Controls
• Develop typical section sheets (NTS).
• Develop Project Layout sheet (1" = 500'),
• Develop Horizontal Alignment Data sheet.
• Develop roadway plan and profile sheets (1" = 100'). Coordinates, superelevation data,
major earthwork quantities, stations, and elevations of key alignment features and
benchmarks will be noted.
• Develop driveway details, grading details, intersection details, and miscellaneous roadway
detail sheets.
• Finalize design cross sections and develop cross section sheets. Cross section sheets will be
developed at a scale of 1" = 10'. Determine the quantities of cut and fill for each cross
section.
• Determine the location and size of any necessary construction easements.
• Assemble applicable roadway standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
• Prepare Summary of Roadway Quantities at the 90% submittal.
B. Drainage Design
• Perform drainage analysis and design.
• Develop drainage area map (1" = 100'). Delineate drainage area boundaries based on USGS
topographic maps, contour maps, and field survey reconnaissance.
• Calculate peak discharges - Determine conveyance paths, channel slopes, time of
concentration, and select runoff coefficients/RCN curve numbers, to determine design -year
flows. Confirm design flows with flows used by FEMA.
• Develop models of conveyance elements. A model will be developed for proposed drainage
structures on Main Street. The ENGINEER will verify cross sections at or near the proposed
bridge. The sections will be based on verified field survey and aerial topographic details
outside the field survey limits.
• Analyze the proposed roadway profile and determine the appropriate bridge opening size.
The bridge opening will be based on the hydraulic analyses.
• Generate hydraulic computation sheets,
• Design any necessary street or bridge inlets and/or storm sewer as part of the water quality
design.
• Coordinate drainage design with proposed design of Project 2 (Main Street between San
Saba and Brown Street) by others.
• Determine the size and location of any necessary drainage easements.
• Prepare Drainage Report — Prepare a drainage report summarizing the findings and
recommendations developed in the preliminary drainage study. The report will document all
relevant calculations, exhibits and supporting documents including the final drainage design
with the proposed locations and sizing of the improvements. The ENGINEER will size all
improvements to pass the appropriate design -year storm without exceeding allowable
headwater elevations. The City of Round Rock Drainage Criteria Manual will be used to
2
establish design controls. Applicable FEMA criteria will also be satisfied. Hydraulic data
will be summarized on the drainage layout.
• Develop Drainage Layout sheets for drainage structures in accordance with CITY standard
details and the City of Round Rock Drainage Criteria Manual.
• Determine channel and easement grading in accordance with CITY and US Army Corps of
Engineers (USACE) guidelines.
• Prepare drainage plan details necessary to clarify the construction requirements of the
drainage facilities.
• Assemble applicable drainage standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
• Calculate and tabulate quantities for drainage items for the project at the 90% submittal.
C. Bridge Design
• Prepare up to three (3) Bridge Layout plan and profile exhibits. In addition to super- and
sub -structure type and geometry, alternatives will consider aesthetics in the form of rail
options, concrete facings, and elements relative to the CITY's master planning such as
lighting and artwork. All bridge structures will be designed with AASHTO LRFD Design
Specifications for HL 93 loading.
• Bridge Layout - Prepare Bridge Layout plans and elevations for the preferred alternative
schematic bridge. The ENGINEER will make final design calculations and final detail
drawings for the preferred alternative. Specific bridge activity items associated with Main
Street over Lake Creek include:
a. Soil borings in the form of Wincore data will be utilized for foundation design and
details.
b. Scour data will be considered in bent and foundation design.
c. Deck drains will be incorporated, as necessary.
d. Aesthetic details and bridge lighting will be incorporated, as necessary.
e. Depending on preferred alternative, bridges may utilize TxDOT standard prestressed
concrete bridge details. As applicable, prestressed concrete beam units shall be designed
to be "poor -boy" continuous, with no integral concrete end diaphragms. The level of
effort in .the design process is expected to be greater than that associated with a standard
TxDOT bridge project given aesthetic treatment of bridges.
f. It is assumed that no phased construction for bridges will be required.
g. Assemble applicable bridge standards. Identify and acquire all applicable standards.
Modify standards as needed. Incorporate in plans.
h. Calculate and tabulate quantities for bridge items for the project at the 90% submittal.
3
D. Storm Water Pollution Prevention Plans (SW3P)
• Prepare SW3P Index Sheet and develop SW3P layouts at a scale of 1 in = 100 feet showing
all necessary erosion control devices such as: sediment control fences, rock filter dams, soil
retention blankets, riprap slope protection and other devices as required.
• The ENGINEER will develop a SW3P plan consistent with the project construction phases
that will minimize sediment discharge from the project site through runoff. The plan will
identify the SW3P components that will mitigate the impacts of construction activities.
• Assemble applicable SW3P standards. Identify and acquire all applicable standards. Modify
standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for SW3P items for the project at the 90% submittal.
E. Signing and Pavement Markings
• Signing and Pavement Marking Layout - Prepare a signing and marking layout at a scale of 1"
= 100'. The signing and marking layout will identify the various types of pavement markings,
proposed signing, delineation and location of project features which would present a hazard to
traffic.
• Prepare a small sign summary sheet.
• Assemble applicable signing and pavement marking standards. Identify and acquire all
applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for signing and pavement marking items for the project at
the 90% submittal.
F. Traffic Control Plan (TCP)
• Develop TCP narrative, typical sections, and layouts (1" = 100'). The plan will identify
work areas, temporary paving, temporary shoring, signing, detour alignment, barricades, and
other TCP related items. A narrative will be prepared incorporated into the plans.
• Assemble applicable traffic control and work zone standards. Identify and acquire all
applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for traffic control items for the project at the 90%
submittal.
G. Miscellaneous Roadway Sheets
• Project Title Sheet
• Supplemental Index Sheet
• Project Estimate - Prepare an engineer's estimate of probable construction cost. The estimate
will be prepared for the project at the 30%, 60%, 90% and 100% submittals
• General Notes and Specifications - The ENGINEER will prepare the general notes,
specification data, and Basis of Estimate.
4
H. Water Quality
• Meet as required with TCEQ to discuss project scope, expected pollutant loading rates, and
appropriate permanent controls to meet the water quality requirements of the design drainage
area.
• Evaluate different water quality control options and means to integrate these options into the
design of the street drainage system.
• Perform the necessary water quality design, verify that the pollutant removal rates meet
TCEQ requirements, and generate all necessary water quality permit and construction plans
and specifications.
• Prepare and process the Water Pollution Abatement Plan (WPAP) through TCEQ.
3. Surveying
• Prepare a tree and topographic survey, with one (1) foot contours, of a 150 foot wide by +/-675
foot long strip of land linking IH 35 to the intersection of San Saba Street and West Main Street
in Round Rock, Texas. Trees to meet City of Round Rock criteria. Additionally, the survey will
include five (5) cross-sections of Lake Creek, with locations to be designated by ENGINEER.
• Coordinate with Engineers and Surveyors for Main Street and San Saba projects to determine
final horizontal and vertical alignment of the Main Street/San Saba intersection.
• The survey will be referenced to NAD 83/HARN horizontal datum and NAVD 88 vertical
datum, referenced to the City of Round Rock GPS Control Network.
• Prepare right-of-way maps, metes and bounds descriptions, sketches for each parcel to be
acquired and set right-of-way pins. (Maximum of 4 parcels assumed).
4. Geotechnical Investigation
• Determine subgrade conditions beneath the proposed bridge and retaining wall locations.
• Provide bridge foundation design recommendations and construction recommendations.
• Provide design parameters for retaining wall design to be done by others.
• Provide pavement thickness design recommendations,
• Field investigation includes:
a. Borings for bridge abutments, bents, and retaining walls: 2 borings at 55' depth
b. Borings for pavement design: 3 borings at 10' depth
• Perform laboratory tests (natural water contents, Atterberg limits, and partial gradation analyses)
to classify soil strata, evaluate plasticity, and shrink/swell potential of on-site materials.
Unconfined compression tests will be conducted on selected intact rock specimens to evaluate
the compressive strength of the subsurface strata. Particle size analysis of streambed samples to
determine D50 and D90 particle size is not included.
• Provide Engineering Report to include:
General subsurface conditions, discussion of site geology, boring logs with descriptions of
strata and laboratory test results, and water levels obtained at the time of drilling;
Boring location plan;
Geotechnical recommendations for bridge foundation drilled shaft foundations, including
allowable bearing pressures and depths, and associated settlements for bridge structures;
Recommendations for retaining wall design including design lateral pressures, allowable
bearing pressures, allowable footing sliding resistance and external stability analyses;
Recommendations for pavement thickness design and for construction recommendations; and
a.
b.
c.
d.
e.
5
f. General foundation construction and earthwork recommendations.
5. Miscellaneous Services
• Develop exhibits as needed to conduct 1 public meeting
• Attend up to 5 stakeholder meetings
6. Environmental Services
• Conduct US Army Corps of Engineers (USACE) jurisdictional waters / wetland delineation
pursuant to cun•ent USACE methodologies outlined in the 1987 Wetland Delineation Manual.
• Prepare a jurisdictional waters delineation report.
• Conduct a karst terrain feature survey / geologic assessment.
• Prepare a geologic assessment report in accordance with TCEQ requirements.
• Conduct a threatened and endangered species habitat assessment (excluding karst invertebrates).
• Conduct an intensive archaeological survey of sufficient intensity to satisfy applicable cultural
resource regulations of the federal National Historic Preservation Act (NHPA) and the State of
Texas Antiquities Code including background literature search, archaeological survey, historic
properties assessment and associated report preparation.
• Prepare a storm water pollution prevention plan (SW3P) covering the entire project site including
temporary and permanent easements.
• Prepare an environmental transaction screen to assess the environmental condition and identify
potential environmental concerns in connection with the project site.
• US Housing and Urban Development (HUD) Environmental Review for Community Block Grant
Program
a. Compliance Documentation Checklist
• Flood Disaster Protection Act
• Costal Barriers Resources Act
• Airport Runway Clear Zones and Clear Zones Disclosures
b. Statutory Checklist
• Historic Preservation
• Floodplain Management
• Wetland Protection
• Coastal Zone Management
• Sole Source Aquifers and Safe Drinking Water Act
• Fish and Wildlife Service Endangered Species Act
• Wild and Scenic Rivers Act
• Clean Air Act
• Farmland Protection Policy Act
• Environmental Justice
• HUD Environmental Standards
o Noise Abatement and Control
o Explosive and Flammable Operations
o Toxic Chemicals and Radioactive Materials
o Airport Clear Zones and Accident Potential Zones
c. Environmental Assessment Checklist
• Land Development
o Conformance with Comprehensive Plans and Zoning
6
o Compatibility and Urban Impact
o Slope
o Erosion
o Soil Suitability
o Hazards and Nuisances Including Site Safety
o Energy Consumption
Noise — Effects of Ambient Noise on Project and Contribution to Community Noise Levels
Air Quality — Effects of Ambient Air Quality on Project and Contribution to Community
Pollution Levels
Environmental Design, Historic Values and Urban Impact
o Visual Quality Coherence, Diversity, Compatible Use and Scale
o Historical, Cultural and Archaeological Resources
Socioeconomic
o Demographic Character Changes
o Displacement
o Employment and Income Patterns
Community Facilities and Services
o Educational Facilities
o Commercial Facilities
o Health Care
o Social Services
o Solid Waste
o Wastewater
o Stormwater
o Water Supply
o Public Safety
o Open Space and Recreation
o Transportation
• Natural Features
o Water Resources
o Surface Water
o Floodplains
o Wetlands
o Coastal Zone
o Unique Natural Features and Agricultural Lands
o Vegetation and Wildlife
Discussion of Alternatives
• Summary of Existing Conditions
7. Services Not Included
• Earthwork quantities separated by construction phase.
• Design work for the relocation of utilities.
• Traffic Studies that develop traffic projections.
7
REFERENCES
1. City of Round Rock Design and Construction Standards Criteria Manual, latest edition
2. City of Round Rock Standard Specifications Manual
3. City of Round Rock Drainage Criteria Manual
4. City of Round Rock Transportation Criteria Manual
5. TxDOT Roadway Design Manual, latest edition
6. TxDOT Bridge Design Manual, latest edition
7. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges - 2004 (English units)
8. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
9. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
10. National Environmental Policy Act (NEPA)
11. Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Article 9102, Texas Civil
Statutes, Effective April 4, 1994, including latest revisions
NOTES
1. All design shall be in accordance with the above references, except where variances are permitted in
writing by the CITY. (The above annotated list is not intended to be all inclusive; there may be
other references required dependent upon the specific design needs of the project.)
2. The ENGINEER is responsible for purchasing all references which are required for the project.
3. Design Criteria Order of Precedence: Design Criteria for the Main Street Extension development
shall be according to the following descending order of precedence:
a. City of Round Rock criteria, standards, and specifications
b. Texas Department of Transportation criteria, standards, and specifications.
8
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Notice to Proceed
Bridge Alternatives
30% PS&E*
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Environmental
HUD Environmental
Review
HUD Approval
Estimated Direct Labor--
Baker-Aicklen & Associates, Inc. (BA)
Classification
EXHIBIT D
Fee Schedule
Sr. Project Manager (Engineering)
Sr. Project Manager (Surveying)
3 -Man Field Party
Project Manager
Sr. Project Engineer
Project Surveyor
Engineer Designer
Adininistrative Assistant
Estimated Direct Labor (BA)
Overhead (BA)
Fixed Fee (BA)
Professional Services Fee (BA)
Estimated Direct Labor -"
Agui ► e & Fields` LP (AFLP)
Hours Direct Rate Totals
22
1
46
158
182
48
240
26
723
197.00%
$60.10
$60.10
$52.00
$42.91
$36.00
$36.00
$29.25
$22.25
$1,322.20
$60.10
$2,392.00
$6,779.78
$6,552.00
$1,728.00
$7,020.00
$578.50
$26,432.58
$52,072.18
$9,420.57
$87,925:33
Classification
Project Manager
Bridge Engineer
EIT II
Engineer Tech
Estilnated Direct Labor (AFLP)
Overhead (AFLP)
Fixed Fee (AFLP)
Professional Services Fee (AFLP)
Hours
118
196
196
282
Rate
$46.00
$46.00
$25.00
$24.00
Totals
$5,428.00
$9,016.00
$4,900.00
$6,768.00
792 $26,112.00
Estimnated Direct Expenses
Mylars
Plans Reproduction (30%,60%,90%,finaI)
Project Manual (350 sheets)
Mileage
Per Diem
150
500
350
$43,084,80
12%
$77;500.42
$3.75
$0.45
$0.25
$0.505
$25
$562.50
$225.00
$87.50
Total Estiniated Direct Expenses $ 875.00
1 of 2
Total Estimated Geotechnical Services (FUGRO)
Total Estimated Environmental: Services (SWCA)
:..E420,040.5011
41,32
20,640.50 :-
41,320.00
2 of 2
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
Date; 05/22/09
TDI number required. Please referto the
PRODUCER; Texas Dept of Insurance website: pttn://www.tdlstate.tx.us/
USISouthwest
7600-B N. Can. Of TX Hwv. #200
Aunt. Texas 78731
phone•512-451-7555 E-mail:
INSURED:
Baker•Aickien & Assoc., Inc
507 W. Lfizerty Ay.
Round Rock. Texas 786164
Phone:512 2449820 E-mail:
THIS I5 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 herelnatter described. Exceptions to the policies are noted below.
CO
LTR
TYPE OF POLICY
INSURANCE NUMBER DATE
EFFECTIVE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABIUTY
COMBINED SINGLE LIMIT 5
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE 5
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS S
EACH ACCIDENT $
DISEASE. POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
PROFESSIONAL LIABILITY #EONG21674278003 05121/09.05/21/10 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Dato; 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEH1CLES/SPECIAL ITEMSIEXCEPTIONS
Tho City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the Issuing company will mall thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78884
128384
00650 —1-2008
SIGNATURE OkkIENT LICENSE
t;�40 L
TATE OF TEXAS
S tet :-
Typed Name Jirt(Jimmerson
Title: _Vice President
Page 2
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
A
ACE American Ins. Company
3142160
C
D
THIS I5 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 herelnatter described. Exceptions to the policies are noted below.
CO
LTR
TYPE OF POLICY
INSURANCE NUMBER DATE
EFFECTIVE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABIUTY
COMBINED SINGLE LIMIT 5
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE 5
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS S
EACH ACCIDENT $
DISEASE. POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
PROFESSIONAL LIABILITY #EONG21674278003 05121/09.05/21/10 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Dato; 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEH1CLES/SPECIAL ITEMSIEXCEPTIONS
Tho City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the Issuing company will mall thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78884
128384
00650 —1-2008
SIGNATURE OkkIENT LICENSE
t;�40 L
TATE OF TEXAS
S tet :-
Typed Name Jirt(Jimmerson
Title: _Vice President
Page 2
Certificate of Liability Insurance