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R-10-06-10-9D1 - 6/10/2010RESOLUTION NO. R -10-06-10-9D1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Round Rock Independent School District for the driveway construction at Fern Bluff Elementary School in anticipation of the Wyoming Springs Drive Project, 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 an Interlocal Agreement with the Round Rock Independent School District for Fern Bluff Elementary School Driveway Construction, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of June, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 9414/1-- v-Oakt SARA L. WHITE, City Secretary O \wdox\SCC1nts\01121 005\MUNICIPAL\00193754.DOC/rmc INTERLOCAL AGREEMENT FOR FERN BLUFF ELEMENTARY SCHOOL DRIVEWAY CONSTRUCTION THIS INTERLOCAL AGREEMENT for construction of a new driveway on the Fern Bluff Elementary School Campus (the "Agreement") is made by and between the Round Rock Independent School District (the "RRISD") and the City of Round Rock, a Texas home -rule municipality (the "City"), and is executed for the purpose of engaging RRISD to provide certain construction management services for the support of services for City. WHEREAS, RRISD has in place certain employees, equipment, and expertise to plan for and manage construction facilities and service needs, and to provide construction management services; and WHEREAS, RRISD has the capacity to serve the needs of itself and others requiring such planning and management; WHEREAS, it would be of benefit to RRISD to provide to certain other entities the services which it has developed for its own use; WHEREAS, it would be of benefit to City to receive such planning and construction management services without investing the substantial cost required for developing City's own similar services; NOW, THEREFORE, WITNESSETH: That for and in consideration of the foregoing and the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: 1. AUTHORITY This Agreement is entered into between the parties hereto pursuant to the authority contained in the Interlocal Cooperation Act, Government Code Section 791 et seq. The provisions of Chapter 791 of the Government Code are incorporated in this Agreement and this Agreement shall be interpreted in accordance with this Act. 2. SCOPE OF SERVICES The scope of services for this Agreement is delineated in Exhibit A, attached hereto and incorporated herein by reference for all appropriate purposes. 3. CHARGES FOR SERVICES 3.1 RRISD shall provide the services delineated in Exhibit A for the fees, costs, and reimbursable expense costs delineated in Exhibit B, attached hereto and incorporated herein by reference for all appropriate purposes. Additional Services referred to on said Exhibit B shall 00188102/jkg FINAL EXHIBIT 17 not be performed by RRISD unless specifically authorized in writing by City following agreement between the parties as to service and agreed price. In the event Additional Services are authorized by City and performed by RRISD, such Additional Services shall be billed in accordance with the rates delineated on said Exhibit B. 3.2 For services provided under this Agreement, RRISD shall invoice City monthly or as otherwise agreed in writing between the parties. The amount contracted for has been determined by RRISD to fairly compensate RRISD for the services to be performed under this Agreement. City agrees to pay RRISD within thirty (30) days from date of invoice. 3.3 The parties expressly acknowledge that the fees, costs, and reimbursable expense costs delineated in Exhibit B are budget amounts. 3.4 The parties expressly acknowledge that RRISD shall not have the obligation to commence the Project until reasonable assurance is provided by City that the referenced funds are available. 4. INITIAL TERM; RENEWALS; TERMINATION 4.1 The construction management services contracted for in this Agreement shall be commenced by RRISD upon proper execution of this Agreement, and shall end upon the acceptance and close-out of the Project with City. 4.2 During the term of this Agreement, City and RRISD will name each other as additional insureds on their current liability insurance policies, and agree to provide evidence of insurance coverage before construction starts. 4.3 This Agreement will remain in full force and effect for a period set forth herein. The Agreement may be extended for successive one (1) year periods by mutual agreement of the parties, under the terms, conditions, rates, and charges then in effect, unless either party shall give the other sixty (60) days' written notice of termination. 4.4 RRISD shall have the right to terminate this Agreement during its term due to City's failure to make payments, provided that RRISD gives City thirty (30) days' written notice and allows City an opportunity to cure. In the event of termination as herein provided, all uncontested unpaid charges shall be due and payable. 5. ASSIGNMENT; SUBCONTRACT; NO THIRD -PARTY BENEFICIARIES This Agreement may not be assigned in whole or in part by either party unless the other party gives express permission to do so and enters into a new written agreement with that person or entity. This Agreement is entered into for the sole benefit of the parties. Nothing in this Agreement shall be construed as conferring any rights, benefits, remedies, or claim upon any other persons, firms, corporations, or entities. 2 18 6. DEFAULT AND REMEDIES 6.1 Notwithstanding anything herein to the contrary, if City fails to make any payment of any sum due or fails to substantially perform as required by any other provision hereunder, and continues in such failure for thirty (30) days after written notice has been sent by RRISD to City, then City shall be deemed to be in default under this Agreement. 6.2 In the event of default, RRISD has the right to immediately terminate the service under this Agreement, retain all payments made hereunder, and retain all of City's information in RRISD's possession. Each and all of the rights and remedies of the parties hereunder are cumulative to and not in lieu of each and every other such right and remedy and every other right and remedy afforded by law and equity. 6.3 In the event City shall at any time not have in effect a budget which contains funds to pay the charges provided for in this Agreement, City shall be deemed to have non - appropriated funds on the last effective date of a legally adopted budget containing funds to pay charges provided for hereunder. Upon the expiration of such a budget, City shall have no further liability under this Agreement and shall be deemed to be in default as provided in this section of the Agreement. All payments made pursuant to this Agreement shall be made from current revenues available to the paying party. 7. DISCLAIMERS OF WARRANTIES; LIMITATION OF REMEDIES 7.1 RRISD herein disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the services including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. 7.2 City acknowledges and agrees that its sole and exclusive remedy in connection with any failure to perform by RRISD shall be the return of any amounts paid by City to RRISD. Without limiting the above, RRISD shall have no liability or obligation to City, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by City, including but not limited to claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by City directly or indirectly resulting from or related to any service provided by RRISD, whether or not caused by RRISD's negligence, to the full extent same may be disclaimed by law. 7.3 RRISD has contracted to provide consulting, management and maintenance services. RRISD shall not operate any bus or other vehicle owned or controlled by City nor shall RRISD have any liability to any employee, officer, trustee or student of City or any third party with regard to this Agreement or the services performed by RRISD under this Agreement except for the remedies specifically set out in this Agreement. 3 19 8. MAINTENANCE OF INFORMATION PROVIDED; CONFIDENTIALITY RRISD shall maintain any information provided to RRISD by City and shall use the information only for the purposes set out in this Agreement. Upon completion of the services contemplated by this Agreement, all such information shall be returned to City. All information provided by City to RRISD shall be maintained as confidential information provided that RRISD shall comply with applicable open records and freedom of information laws and shall comply with any opinion of the Attorney General for the State of Texas or the order of any court having jurisdiction. In the event of a request made to RRISD for information provided by City, RRISD shall immediately notify City and City shall be responsible for determining whether the information is confidential, where the information should be supplied pursuant to the request, or whether other governmental or judicial action, such as making a request to the Attorney General that the information be held confidential, should be undertaken. 9. NOTICES Any notice or demand required or permitted to be made hereunder shall be made by certified or registered mail to the addresses set out herein in the respective signature blocks, and shall be deemed to have been received on the third business day after deposit in the U.S. mail. Either party may from time to time designate any other address for this purpose by written notice to the other party. 10. AMENDMENT; NO WAIVER; SEPARABILITY Amendments to or modification of this Agreement, if any, shall be in writing and signed by authorized representatives of the parties. Lack of enforcement of any right under this Agreement by either party shall not constitute a waiver of that right or any other in the future. The terms and conditions of this Agreement supersede all other agreements, written or oral, between the parties regarding the subject matter of this Agreement. Should a court of competent jurisdiction find any part of this Agreement to be invalid or unlawful, the remainder of this Agreement shall remain in full force and effect, consistent with the original intent of the parties. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. 11. NO ORAL AGREEMENTS The parties agree that this Agreement (and the appended attachments and exhibits) contains all representations, understandings, contracts, and agreements between the parties regarding the subject matter of this Agreement. Any other writings, understandings, oral representations or contracts shall be deemed to be terminated, void, and ineffective. 12. APPLICABLE LAW Pursuant to Government Code Section 791.012, the local laws governing RRISD shall be applicable law governing this Agreement. 4 20 Executed to be effective the day of the month of 2010. ROUND ROCK INDEPENDENT SCHOOL DISTRIIT By: Print -• ame: Dr. Jesus Chavez Title Superintendent Address: 1311 Round Rock Avenue Round Rock, TX 78681 Contact: Alan Albers Attachments Exhibit A — Basic Services Exhibit B — Rate / Fee Schedule 5 CITY OF ROUND ROCK, TEXAS By: Printed Name: Title: Address: Contact: Alan McGraw Mayor 221 East Main Street Round Rock, TX 78664 James R. Nuse, City Manager FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 21 EXHIBIT "A" BASIC SERVICES Project: Fern Bluff Elementary School Driveway Construction The purpose of the project is to provide improved internal traffic circulation and provide alternative access into the school site in anticipation of the Wyoming Springs Project. This project is in the ETJ of the City of Round Rock; however, due to an interlocal agreement with Williamson County, plan review and development permits will be by Williamson County. The following is a scope of services is provided. CONSTRUCTION MANAGEMENT SERVICES A. Surveying Services 1. Perform title and deed research. 2. Perform boundary survey and limited design survey. Design survey to include topographic, improvement and tree survey. Survey to include a limited area of Brightwater Blvd. 3. Preparation of AutoCAD drawing. 4. Preparation of field notes of boundary. B. Construction Documents Phase 1. Meetings with Client as needed. 2. Collection of available data. 3. Coordination with City of Round Rock Transportation Department. 4. Preparation of construction plans based on the Client approved Site Plan. Plans are to consist of the following: a. Cover sheet. b. Construction notes. c. Erosion/Sedimentation Control Plan d. Tree Mitigation Plan e. Traffic Control Plan f. Dimensional Control Plan g. Paving, Striping, and Striping Plan h. Grading Plan i. Drainage Plan j. Water Quality Plan (it is assumed for the purposes of this proposal that a vegetative filter strip will be used to meet the Edwards Aquifer Recharge Zone Water Quality regulations; the design of a sedimentation/filtration pond is not included) k. Sections and Details 1. Site Lighting and Electrical Plan (This plan requires an Electrical Engineer for photometric and power calculations, and electrical design. Fees are included in this proposal as an estimate; please see below.) Page 1 of 2 22 5. Preparation of Construction Specifications. Client to provide Invitation to Bid, Construction Contract, General Conditions, Supplementary General Conditions, Bonds and any other bid / construction contract forms. C. Agency Review Phase 1. Preparation of submittals and reports to: a. Williamson County -Driveway and Street Cut Permit for left turn lane. Address comments from the Williamson County and secure applicable approval. b. Texas Commission on Environmental Quality (TCEQ) — Edwards Aquifer Recharge Zone (EARZ) Preparation and submittal of Water Pollution Abatement Plan (WPAP). It is assumed a limited geologic assessment by Geologist is required and fees are included in this proposal as an estimate; please see below. c. Texas Department of Licensing and Regulation — Handicap Accessibility Review D. Bidding Phase 1. Submit Construction Plans and Specifications to Client for inclusion in Client's bid package. 2. Assist Client with solicitation of bidders 3. Preparation of addenda, as required. 4. Answer questions, as required. 5. Attend Pre-bid Conference. 6. Assist Client with review of bids and selection of Contractor. E. Construction Observation Phase 1. Attend pre -construction conference with Client, Williamson County, and Contractor. 2. Periodic site visits as requested by the Client for observation of construction of work designed by the engineer. Should attendance at regularly scheduled meetings be required, additional fees will be negotiated. 3. Assist in pay request review with Client 4. Review submittals applicable to work designed by the engineer. 5. Assist Owner with acceptance and close-out of Project with Williamson County. 6. Review contractor as-builts. F. TERMS OF AGREEMENT: The construction management services will commence at the signing of the interlocal agreement and ending on the acceptance and close-out of Project with the City of Round Rock. Page 2 of 2 23 EXHIBIT "B" Rate / Fee Schedule Project: Fern Bluff Elementary School Driveway Construction CONSTRUCTION MANAGEMENT SERVICES Surveying Services Estimated Fee: Construction Documents Phase Construction Documents Fee: Agency Review Phase Agency Review Fee: Bidding Phase Bidding Fee: Construction Observation Phase Construction Observation Fee: Total Civil Engineering Services Fees Estimated Surveying Fee: Estimated Geologist Fee: Estimated Electrical Engineering Fee: Estimated Reimbursables Estimated Construction Cost of Driveway Total Estimated and Fixed Fees: See below $ 17,500.00 $7,500.00 $3,000.00 $6,000.00 $34,000.00 $5,000.00 $3,500.00 $4,500.00 $5,000.00 $150,000.00 $202,000.00 Additional Services outside the scope of services will be billed on an hourly basis at the following rates: Principal Engineer $160.00 Design Coordinator $80.00 Staff Engineer $110.00 Project Manager Assistant $65.00 EIT/Project Manager $100.00 CAD Technician $65.00 Project Field Rep. $90.00 Clerical $55.00 Page 1 of 1 24 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 9D1. Ci Council A.enda Summar Sheet Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Round Rock Independent School District for construction of Fern Bluff Elementary School Agenda Caption: Driveway. Meeting Date: June 10, 2010 Department: Transportation Services Staff Person making presentation: Tom Word Chief of Public Works Operations Item Summary: The purpose of the project is to provide improved internal traffic circulation and provide alternative access into the Fern Bluff School site in anticipation of the Wyoming Springs Drive Project. Due to an interlocal agreement between the City and the Williamson County, the plan review and development permits will be handled by Williamson County. This component of the Wyoming Springs Drive Project is being funded with the Williamson County participation funding due to the aforementioned interlocal agreement with the Williamson County. Strategic Plan Relevance: 26.0 Construct major elements of the transportation and mobility system as approved by Council in the Master Transportation Plan Cost: $202,000.00 Source of Funds: 4B — Round Rock Transportation Development Corporation Construction Date of Public Hearing (if required): N/A Recommended Action: Staff recommends approval EXECUTED DOCUMENT FOLLOWS INTERLOCAL AGREEMENT FOR FERN BLUFF ELEMENTARY SCHOOL DRIVEWAY CONSTRUCTION THIS INTERLOCAL AGREEMENT for construction of a new driveway on the Fern Bluff Elementary School Campus (the "Agreement") is made by and between the Round Rock Independent School District (the "RRISD") and the City of Round Rock, a Texas home -rule municipality (the "City"), and is executed for the purpose of engaging RRISD to provide certain construction management services for the support of services for City. WHEREAS, RRISD has in place certain employees, equipment, and expertise to plan for and manage construction facilities and service needs, and to provide construction management services; and WHEREAS, RRISD has the capacity to serve the needs of itself and others requiring such planning and management; WHEREAS, it would be of benefit to RRISD to provide to certain other entities the services which it has developed for its own use; WHEREAS, it would be of benefit to City to receive such planning and construction management services without investing the substantial cost required for developing City's own similar services; NOW, THEREFORE, WITNESSETH: That for and in consideration of the foregoing and the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows: 1. AUTHORITY This Agreement is entered into between the parties hereto pursuant to the authority contained in the Interlocal Cooperation Act, Government Code Section 791 et seq. The provisions of Chapter 791 of the Government Code are incorporated in this Agreement and this Agreement shall be interpreted in accordance with this Act. 2. SCOPE OF SERVICES The scope of services for this Agreement is delineated in Exhibit A, attached hereto and incorporated herein by reference for all appropriate purposes. 3. CHARGES FOR SERVICES 3.1 RRISD shall provide the services delineated in Exhibit A for the fees, costs, and reimbursable expense costs delineated in Exhibit B, attached hereto and incorporated herein by reference for all appropriate purposes. Additional Services referred to on said Exhibit B shall 00188102/jkg FINAL Into -o,- to -'tD1 17 not be performed by RRISD unless specifically authorized in writing by City following agreement between the parties as to service and agreed price. In the event Additional Services are authorized by City and performed by RRISD, such Additional Services shall be billed in accordance with the rates delineated on said Exhibit B. 3.2 For services provided under this Agreement, RRISD shall invoice City monthly or as otherwise agreed in writing between the parties. The amount contracted for has been determined by RRISD to fairly compensate RRISD for the services to be performed under this Agreement. City agrees to pay RRISD within thirty (30) days from date of invoice. 3.3 The parties expressly acknowledge that the fees, costs, and reimbursable expense costs delineated in Exhibit B are budget amounts. 3.4 The parties expressly acknowledge that RRISD shall not have the obligation to commence the Project until reasonable assurance is provided by City that the referenced funds are available. 4. INITIAL TERM; RENEWALS; TERMINATION 4.1 The construction management services contracted for in this Agreement shall be commenced by RRISD upon proper execution of this Agreement, and shall end upon the acceptance and close-out of the Project with City. 4.2 During the term of this Agreement, City and RRISD will name each other as additional insureds on their current liability insurance policies, and agree to provide evidence of insurance coverage before construction starts. 4.3 This Agreement will remain in full force and effect for a period set forth herein. The Agreement may be extended for successive one (1) year periods by mutual agreement of the parties, under the terms, conditions, rates, and charges then in effect, unless either party shall give the other sixty (60) days' written notice of termination. 4.4 RRISD shall have the right to terminate this Agreement during its term due to City's failure to make payments, provided that RRISD gives City thirty (30) days' written notice and allows City an opportunity to cure. In the event of termination as herein provided, all uncontested unpaid charges shall be due and payable. 5. ASSIGNMENT; SUBCONTRACT; NO THIRD -PARTY BENEFICIARIES This Agreement may not be assigned in whole or in part by either party unless the other party gives express permission to do so and enters into a new written agreement with that person or entity. This Agreement is entered into for the sole benefit of the parties. Nothing in this Agreement shall be construed as conferring any rights, benefits, remedies, or claim upon any other persons, firms, corporations, or entities. 2 18 6. DEFAULT AND REMEDIES 6.1 Notwithstanding anything herein to the contrary, if City fails to make any payment of any sum due or fails to substantially perform as required by any other provision hereunder, and continues in such failure for thirty (30) days after written notice has been sent by RRISD to City. then City shall be deemed to be in default under this Agreement. 6.2 In the event of default, RRISD has the right to immediately terminate the service under this Agreement, retain all payments made hereunder, and retain all of City's information in RRISD's possession. Each and all of the rights and remedies of the parties hereunder are cumulative to and not in lieu of each and every other such right and remedy and every other right and remedy afforded by law and equity. 6.3 In the event City shall at any time not have in effect a budget which contains funds to pay the charges provided for in this Agreement, City shall be deemed to have non - appropriated funds on the last effective date of a legally adopted budget containing funds to pay charges provided for hereunder. Upon the expiration of such a budget, City shall have no further liability under this Agreement and shall be deemed to be in default as provided in this section of the Agreement. All payments made pursuant to this Agreement shall be made from current revenues available to the paying party. 7. DISCLAIMERS OF WARRANTIES; LIMITATION OF REMEDIES 7.1 RRISD herein disclaims all representations and warranties, direct or indirect, express or implied, written or oral, in connection with the services including but not limited to any and all express and implied warranties of suitability, durability, merchantability, and fitness for a particular purpose. 7.2 City acknowledges and agrees that its sole and exclusive remedy in connection with any failure to perform by RRISD shall be the return of any amounts paid by City to RRISD. Without limiting the above, RRISD shall have no liability or obligation to City, in either contract or tort, for special, incidental, or consequential damages of any kind incurred by City, including but not limited to claims or damages for personal injury, wrongful death, loss of use, loss of anticipated profits, or other incidental or consequential damages or economic losses of any kind incurred by City directly or indirectly resulting from or related to any service provided by RRISD, whether or not caused by RRISD's negligence, to the full extent same may be disclaimed by law. 7.3 RRISD has contracted to provide consulting, management and maintenance services. RRISD shall not operate any bus or other vehicle owned or controlled by City nor shall RRISD have any liability to any employee, officer, trustee or student of City or any third party with regard to this Agreement or the services performed by RRISD under this Agreement except for the remedies specifically set out in this Agreement. 3 19 8. MAINTENANCE OF INFORMATION PROVIDED; CONFIDENTIALITY RRISD shall maintain any information provided to RRISD by City and shall use the information only for the purposes set out in this Agreement. Upon completion of the services contemplated by this Agreement, all such information shall be returned to City. All information provided by City to RRISD shall be maintained as confidential information provided that RRISD shall comply with applicable open records and freedom of information laws and shall comply with any opinion of the Attorney General for the State of Texas or the order of any court having jurisdiction. In the event of a request made to RRISD for information provided by City, RRISD shall immediately notify City and City shall be responsible for determining whether the information is confidential, where the information should be supplied pursuant to the request, or whether other governmental or judicial action, such as making a request to the Attorney General that the information be held confidential, should be undertaken. 9. NOTICES Any notice or demand required or permitted to be made hereunder shall be made by certified or registered mail to the addresses set out herein in the respective signature blocks, and shall be deemed to have been received on the third business day after deposit in the U.S. mail. Either party may from time to time designate any other address for this purpose by written notice to the other party. 10. AMENDMENT; NO WAIVER; SEPARABILITY Amendments to or modification of this Agreement, if any, shall be in writing and signed by authorized representatives of the parties. Lack of enforcement of any right under this Agreement by either party shall not constitute a waiver of that right or any other in the future. The terms and conditions of this Agreement supersede all other agreements, written or oral, between the parties regarding the subject matter of this Agreement. Should a court of competent jurisdiction find any part of this Agreement to be invalid or unlawful, the remainder of this Agreement shall remain in full force and effect, consistent with the original intent of the parties. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. 11. NO ORAL AGREEMENTS The parties agree that this Agreement (and the appended attachments and exhibits) contains all representations, understandings, contracts, and agreements between the parties regarding the subject matter of this Agreement. Any other writings, understandings, oral representations or contracts shall be deemed to be terminated, void, and ineffective. 12. APPLICABLE LAW Pursuant to Government Code Section 791.012, the local laws governing RRISD shall be applicable law governing this Agreement. 4 20 Executed to be effective the t� day of the month of ROUND ROCK INDEPENDENT SCHOOL DISTRICT By: Print-:' ame: Dr. Jesus Chavez Title Superintendent Address: 1311 Round Rock Avenue Round Rock, TX 78681 Contact: Alan Albers Attachments Exhibit A — Basic Services Exhibit B — Rate / Fee Schedule s 2010. CITY OF ROUND ROCK, TEXAS By: Printed Name: Alan McGraw Title: Mayor Address: 221 East Main Street Round Rock, TX 78664 Contact: James R. Nuse, City Manager FOR CITY, ATTEST: By CAW Sara L. White, City Secretary FOR CITY APPROVED AS TO FORM: By: Steph . L. Sheets, City Attorney 21 EXHIBIT "A" BASIC SERVICES Project: Fern Bluff Elementary School Driveway Construction The purpose of the project is to provide improved internal traffic circulation and provide alternative access into the school site in anticipation of the Wyoming Springs Project. This project is in the ETJ of the City of Round Rock; however. due to an interlocal agreement with Williamson County, plan review and development permits will be by Williamson County. The following is a scope of services is provided. CONSTRUCTION MANAGEMENT SERVICES A. Surveying Services 1. Perform title and deed research. 2. Perform boundary survey and limited design survey. Design survey to include topographic, improvement and tree survey. Survey to include a limited area of Brightwater Blvd. 3. Preparation of AutoCAD drawing. 4. Preparation of field notes of boundary. B. Construction Documents Phase . Meetings with Client as needed. 2. Collection of available data. 3. Coordination with City of Round Rock Transportation Department. 4. Preparation of construction plans based on the Client approved Site Plan. Plans are to consist of the following: a. Cover sheet. b. Construction notes. c. Erosion/Sedimentation Control Plan d. Tree Mitigation Plan e. Traffic Control Plan f Dimensional Control Plan g. Paving, Striping, and Striping Plan h. Grading Plan i. Drainage Plan j. Water Quality Plan (it is assumed for the purposes of this proposal that a vegetative filter strip will be used to meet the Edwards Aquifer Recharge Zone Water Quality regulations; the design of a sedimentation/filtration pond is not included) k. Sections and Details I. Site Lighting and Electrical Plan (This plan requires an Electrical Engineer for photometric and power calculations, and electrical design. Fees are included in this proposal as an estimate; please see below.) Page 1 of 2 22 5. Preparation of Construction Specifications. Client to provide Invitation to Bid. Construction Contract, General Conditions, Supplementary General Conditions, Bonds and any other bid / construction contract forms. C. Agency Review Phase 1. Preparation of submittals and reports to: a. Williamson County -Driveway and Street Cut Permit for left tum lane. Address comments from the Williamson County and secure applicable approval. b. Texas Commission on Environmental Quality (TCEQ) — Edwards Aquifer Recharge Zone (EARZ) Preparation and submittal of Water Pollution Abatement Plan (WPAP). It is assumed a limited geologic assessment by Geologist is required and fees are included in this proposal as an estimate; please see below. c. Texas Department of Licensing and Regulation — Handicap Accessibility Review D. Bidding Phase 1. Submit Construction Plans and Specifications to Client for inclusion in Client's bid package. 2. Assist Client with solicitation of bidders 3. Preparation of addenda, as required. 4. Answer questions, as required. 5. Attend Pre-bid Conference. 6. Assist Client with review of bids and selection of Contractor. E. Construction Observation Phase 1. Attend pre -construction conference with Client, Williamson County, and Contractor. 2. Periodic site visits as requested by the Client for observation of construction of work designed by the engineer. Should attendance at regularly scheduled meetings be required, additional fees will be negotiated. 3. Assist in pay request review with Client 4. Review submittals applicable to work designed by the engineer. 5. Assist Owner with acceptance and close-out of Project with Williamson County. 6. Review contractor as-builts. F. TERMS OF AGREEMENT: The construction management services will commence at the signing of the interlocal agreement and ending on the acceptance and close-out of Project with the City of Round Rock. Page 2 of 2 23 EXHIBIT "B" Rate / Fee Schedule Project: Fern Bluff Elementary School Driveway Construction CONSTRUCTION MANAGEMENT SERVICES Surveying Services Estimated Fee: Construction Documents Phase Construction Documents Fee: Agency Review Phase Agency Review Fee: Bidding Phase Bidding Fee: Construction Observation Phase Construction Observation Fee: Total Civil Engineering Services Fees Estimated Surveying Fee: Estimated Geologist Fee: Estimated Electrical Engineering Fee: Estimated Reimbursables Estimated Construction Cost of Driveway Total Estimated and Fixed Fees: See below $17.500.00 $7,500.00 $3,000.00 $6,000.00 $34,000.00 $5,000.00 $3,500.00 $4,500.00 $5,000.00 $150,000.00 $202,000.00 Additional Services outside the scope of services will be billed on an hourly basis at the following rates: Principal Engineer $160.00 Design Coordinator $80.00 Staff Engineer $110.00 Project Manager Assistant $65.00 EIT/Project Manager $100.00 CAD Technician $65.00 Project Field Rep. $90.00 Clerical $55.00 Page 1 of 1 24