R-11-03-10-10C7 - 3/10/2011RESOLUTION NO. R-11-03-10-1007
WHEREAS, the City of Round Rock desires to retain engineering services for the Brown
Street Improvements Project, and
WHEREAS, Baker-Aicklen 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, 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 for the Brown Street Improvements Project, a copy of
said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 10th day of March, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
9,e44/t4,
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL\00215 792.DOC/rmc
''ROUND ROCK, TEXAS
PURPOSE PASSIM PROSPERITY
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EXHIBIT
•
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BAKER-AICKLEN ("Engineer")
ADDRESS: 507 West Liberty Avenue, Round Rock, Texas 78664
PROJECT: Brown Street Improvements
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2011 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
0199.7162; 214902
AA3OBCHST
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Rev. 05/10
00192831
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 Sixty -Three Thousand, Two Hundred Forty Nine and 67/100 Dollars ($63,249.67)
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
detennination, 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:
Lance Shellenberger
Project Manager I
Infrastructure Development & Construction Management
2008 Enteiprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-6609
Fax Number (512) 218-5563
Email Address lshellenberger@round-r-ock.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 Coffman, P.E.
Project Engineer
507 West Liberty Avenue
Round Rock, Texas 78664
Telephone Number (512) 244-9620
Fax Number (512) 217-0723
Email Address Icoffinan@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 niay 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, andlor 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
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar puiposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
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
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
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.
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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
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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 perforning work under this Contract to maintain
during the terns 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 patties 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 patties 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 Coffman, P.E.
Project Engineer
507 West Liberty Avenue
Round Rock, Texas 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 teens 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(e) 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 narne 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
BAKER-AICKLEN
Vee;)
Signature of PrincjpalDaOld She -1-46
6 n1
Printed Name: jji.7 %T(J (�' V
By:
Stephan L. Sheets, City Attorney
15
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 for those items for which the City is offering to provide information on file, the
City will endeavor to provide items requested by the Engineer that are readily retrievable and
germane to the project as determined by the City in its sole discretion. Any information supplied
by the City to the Engineer will consist of a minimum of one copy in a format deemed
appropriate by the City in its sole discretion
I. 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 Brown Street and
Florence Street that the City may have on file.
4. Provide any existing survey data the City may have on file for the vicinity of the project.
5. Provide assistance in obtaining information from local, regional, state and federal agencies, as
required.
6. Provide design criteria and approve design speed.
7. 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).
8. Meet on an as need basis to answer questions, provide guidance, and offer conunent.
9. Promptly review invoices to CITY guidelines.
EXHIBIT B
Engineering Services
The work to be performed under this contract will consist of providing professional engineering services
for the development of PS&E to reconstruct Brown Street and Florence Street 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:
• 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.
a Record and distribute meeting minutes.
• Submittals and Design Review Meetings - schematic, 60%, and 100% submittals will be required.
The ENGINEER will attend schematic, 60%, and 100% submittal review meetings. Three (3)
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. Schematic Submittal & Review - Submittal will include preliminary cross sections, P&P,
existing and proposed typical sections, preliminary drainage area map and drainage
calculations, preliminary retaining wall layouts (if required), preliminary signing and
pavement marking layouts, sequence of work outline, preliminary utility exhibits,
potential utility conflicts, updated estimates, and updated project schedule.
b. 60 % Submittal & Review - Submittal will include addressing schematic review
comments, final typical sections, final drainage calculations, , final retaining wall layouts
(if required) and details, final utility exhibits, preliminary traffic control plans, update
cross sections, estimates, and project schedule.
c. 100% Submittal & Review — Address 60% review comments, final utility conflict
identification and resolution, final P&P sheets, final signing and striping layouts, final
miscellaneous roadway 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, update quantities, update general notes, specifications,
and estimate. Provide one set of 11"x 17" originals with mylar cover page 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.
1
• PS&E Development
This task will include the following activities:
A. Roadway Design Controls/Geometric Development
• Develop typical section sheets.
• Develop Project Layout and Horizontal Alignment Data sheet.
• Develop roadway plan and profile sheets. Coordinates, major earthwork quantities, stations,
and elevations of key alignment features and benchmarks will be noted.
• Develop 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 100% submittal.
B. Drainage Design
• Perform drainage analysis and design.
• Develop drainage area map. Delineate drainage area boundaries based on, CORR,
Williamson County and/or CAPCOG topography 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. Generate hydraulic computation sheets.
• Design any necessary street or inlets and/or storm sewer as part of the water quality design.
• Determine the size and location of any necessary drainage easements. 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
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.
• 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 100% submittal.
C. Storm Water Pollution Prevention PIans (SW3P)
• Prepare SW3P Index Sheet and develop SW3P Iayouts showing all necessary erosion and
sedimentation control best management practices.
• The ENGINEER will develop a SW3P plan consistent with the CORR of SW3P template
that will minimize sediment discharge from the project site to the maximum extent
practicable. The plan will identify the SW3P components that will mitigate the impacts of
construction activities.
2
• 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 100% submittal.
D. Signing and Pavement Markings
• Prepare a signing and marking layout identifying 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 sumnary 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 100% submittal.
E. Traffic Control Plan (TCP)
• Develop TCP narrative, typical sections, and layouts. 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 100%
submittal.
F. 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 schematic, 60% and 100% submittals
• General Notes and Specifications - The ENGINEER will prepare the general notes,
specification data, and Basis of Estimate.
G. Water Quality
• Meet as required with TCEQ to discuss project scope, the scope of the abutting McConico
Plaza project and the design assumptions used in the approved WPAP for the project area.
• Analyze any differences between the proposed project scopes and the design assumptions in
the approved WPAP. Ensure the proposed projects design fall within the assumed
parameters of the approved WPAP.
• Modify the WPAP as necessary to reflect the proposed project improvements including the
McConico Plaza project.
• Perform all necessary pollutant generation and removal calculations pertinent to both projects
and incorporate into WPAP modification.
• Prepare the modification to the WPAP to be submitted to TCEQ by the CITY.
3
• Parking Lot Expansion/Reconstruction
• Parking lot expansion/reconstruction will be designed in accordance with City of Round Rock
Parking Lot Layout design criteria and Landscape ordinances.
• Expansion of the existing McConico/Baca Center parking lot will include the area previously
occupied by Fire Station #2.
• Prepare parking lot layout(s) and details including grading and drainage.
• Identify and acquire all applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for the project at the 100% submittal.
• Utility Adjustments/Coordination
• Coordinate and assist with the relocation of existing utilities.
• Develop exhibits that indicate conflicts between identified existing utilities and proposed
construction.
• Recommend resolution for each utility conflict.
• Prepare utility adjustment layout(s) for CITY owned utilities.
• Assemble applicable utility standards. Identify and acquire all applicable standards. Modify
standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for utility items for the project at the 100% submittal.
• Miscellaneous Services - Develop exhibits as needed and attend 1 public meeting, if required.
• Geotechnical Investigation - Utilize previous geotechnical investigations and reports to finalize
pavement recommendation.
• Bidding Phase Services
• Develop a Project Manual (Bid Documents, Contract Documents, and Specifications) for bidding
purposes.
• Answer questions from bidders.
• Develop and issue addenda as appropriate to interpret, clarify, or expand the bid documents.
• Attend prebid meeting (if scheduled).
• Review and evaluate bids.
• Assist CITY in determining the qualifications and acceptability of prospective contractors,
subcontractors, and suppliers.
• Prepare an Engineer's Recommendation of Award and make recommendation of bid award to
CITY.
• Construction Phase Services
• Attend preconstruction meeting.
• Review shop drawings submitted by the contractor for compliance with design concepts.
• Visit project site as requested by the City (anticipated not to exceed five (5) visits.
• Respond to up to twenty (20) Requests for Information (RFI).
4
• Services Not Included
• Earthwork quantities separated by construction phase.
• Traffic Studies that develop traffic projections.
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 Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges - 2004 (English units)
7. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
8. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
9. National Environmental Policy Act (NEPA)
10. 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 project 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.
5
EXHIBIT C
Work Schedule
Attached Behind This Page
Work Schedule
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Fee Schedule
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Project Manager
Sr. Project Engineer
Engineer Designer
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$7,488.00
$6,493.50
$3.75
$180.00
$100.00
L3
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
BAKERAIC
ACORDU CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD1Y1'1'Y)
2/02/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
USI Southwest
7600 B N. Capital of Tx Hwy #200
Austin, TX 78731
CONTACT Debi Wylie
PRONE 512-651-4159 'AIC 512-467-0113
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ADDRESS:
PRODUCER
CUSTOMER ID 1:
INSURER(S) AFFORDING COVERAGE
NAIC
INSURED
Baker-Aicklen & Associates, Inc.
507 W. Liberty Avenue
Round Rock, TX 78664
INSURER A: Ace American Insurance Company
22667
INSURER B
INSURER c:
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INSURER D :
DAMAGE
PREMISES (EaE�jrtence)
INSURER E:
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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TYPE OF INSURANCE Jyi�{�S5UBR
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POLICY NUMBER
POLICY EFF
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POLICY EXP
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COMMERCIAL GENERAL LIABILITY
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CLAIMS -MADE
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$
GEN.
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HIRED AUTOS
NON -OWNED AUTOS
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(Ea accident)
5
BODILY INJURY (Per person)
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UMBRELLA UAB
EXCESS LIAB
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CLAIMS -MADE
EACH OCCURRENCE
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AGGREGATE
$
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RETENTION 5
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WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Yl N
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(Mandatory In NH)
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DESCRIPTION OF OPERATIONS below
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Professional Liab
Claims Made Poi
EONG21674278004
05/21/2010
05/21/2011
$2,000,000 per claim
$2,000,000 anni aggr.
DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mon space Is required)
Re: CORR Brown and Florence Street Reconstruction.
Prof Liab: The aggregate limit is the total insurance available for claims presented within the policy
period for all operations of Insured. The limit will be reduced by payment of indemnity and expense.
CERTIFICATE HOLDER
CANCELLATION 10 Days for Non -Payment
City Manager
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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®1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 1007.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute a Contract for Engineering
Agenda Caption: Services with Baker-Aicklen for the Brown Street Improvement Project.
Meeting Date: March 10, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Danny Halden, P.E.
City Engineer
Item Summary:
This is for a professional service contract with Baker-Aicklen for the design of the reconstruction of Brown Street
from Bagdad Avenue to Florence Street, including a portion of Florence Street. The scope includes raising the
elevation, adding curb and gutter, installing storm sewer and providing streetscaping improvements on Brown
Street.
Strategic Plan Relevance:
26.0 - Construct major element of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $63,249.67
Source of Funds: 2002 General Obligation Bonds
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
ROUND ROCK, TEXAS
PURPOSE AMOR PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BAKER-AICKLEN ("Engineer")
ADDRESS: 507 West Liberty Avenue, Round Rock, Texas 78664
PROJECT: Brown Street Improvements
THE STATE OF TEXAS
§
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the t O day of VY , 2011 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
0199.7162; 214902
AA3OBCHST
1
Rev. 05/10
00192831
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.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Sixty -Three Thousand, Two Hundred Forty Nine and 67/100 Dollars ($63,249.671
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Lance Shellenberger
Project Manager I
Infrastructure Development & Construction Management
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-6609
Fax Number (512) 218-5563
Email Address lshellenberger@round-rock.tx.us
4
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Leah Coffman, P.E.
Project Engineer
507 West Liberty Avenue
Round Rock, Texas 78664
Telephone Number (512) 244-9620
Fax Number (512) 217-0723
Email Address lcoffinan@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 niay 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
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have 110 liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
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.
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.
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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
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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 Coffman, P.E.
Project Engineer
507 West Liberty Avenue
Round Rock, Texas 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 terns 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 I OUND ROCK, TEXAS
APP' • VED AS TO i ORM:
By: lJ'� ' " ' -1 C"
Alan McGraw, Mayor Stepha \ L. Sheets, City Attorney
ATTEST:
By:
Sara L. White, City Secretary
BAKER-AICKLEN
By:
Signature of Prin ' al ))_ r
Printed Name: j . D4 U d ;S /i'tt & o� L' E()
15
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 for those items for which the City is offering to provide information on file, the
City will endeavor to provide items requested by the Engineer that are readily retrievable and
germane to the project as determined by the City in its sole discretion. Any information supplied
by the City to the Engineer will consist of a minimum of one copy in a format deemed
appropriate by the City in its sole discretion
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 Brown Street and
Florence Street that the City may have on file.
4. Provide any existing survey data the City may have on file for the vicinity of the project.
5. Provide assistance in obtaining information from local, regional, state and federal agencies, as
required.
6. Provide design criteria and approve design speed.
7. 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).
8. Meet on an as need basis to answer questions, provide guidance, and offer comment.
9. Promptly review invoices to CITY guidelines.
EXHIBIT B
Engineering Services
The work to be performed under this contract will consist of providing professional engineering services
for the development of PS&E to reconstruct Brown Street and Florence Street 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:
• 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 - schematic, 60%, and 100% submittals will be required.
The ENGINEER will attend schematic, 60%, and 100% submittal review meetings. Three (3)
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. Schematic Submittal & Review - Submittal will include preliminary cross sections, P&P,
existing and proposed typical sections, preliminary drainage area map and drainage
calculations, preliminary retaining wall layouts (if required), preliminary signing and
pavement marking layouts, sequence of work outline, preliminary utility exhibits,
potential utility conflicts, updated estimates, and updated project schedule.
b. 60 % Submittal & Review - Submittal will include addressing schematic review
comments, final typical sections, final drainage calculations, , final retaining wall layouts
(if required) and details, final utility exhibits, preliminary traffic control plans, update
cross sections, estimates, and project schedule.
c. 100% Submittal & Review — Address 60% review comments, final utility conflict
identification and resolution, final P&P sheets, final signing and striping layouts, final
miscellaneous roadway 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, update quantities, update general notes, specifications,
and estimate. Provide one set of 11"x 17" originals with mylar cover page 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.
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• PS&E Development
This task will include the following activities:
A. Roadway Design Controls/Geometric Development
• Develop typical section sheets.
• Develop Project Layout and Horizontal Alignment Data sheet.
• Develop roadway plan and profile sheets. Coordinates, major earthwork quantities, stations,
and elevations of key alignment features and benchmarks will be noted.
• Develop 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 100% submittal.
B. Drainage Design
• Perform drainage analysis and design.
• Develop drainage area map. Delineate drainage area boundaries based on, CORR,
Williamson County and/or CAPCOG topography 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. Generate hydraulic computation sheets.
• Design any necessary street or inlets and/or storm sewer as part of the water quality design.
• Determine the size and location of any necessary drainage easements. 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
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.
• 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 100% submittal.
C. Storm Water Pollution Prevention PIans (SW3P)
• Prepare SW3P Index Sheet and develop SW3P layouts showing all necessary erosion and
sedimentation control best management practices.
• The ENGINEER will develop a SW3P plan consistent with the CORR of SW3P template
that will minimize sediment discharge from the project site to the maximum extent
practicable. The plan will identify the SW3P components that will mitigate the impacts of
construction activities.
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• 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 100% submittal.
D. Signing and Pavement Markings
• Prepare a signing and rnarking layout identifying 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 100% submittal.
E. Traffic Control Plan (TCP)
• Develop TCP narrative, typical sections, and layouts. 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 100%
submittal.
F, 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 schematic, 60% and 100% submittals
• General Notes and Specifications - The ENGINEER will prepare the general notes,
specification data, and Basis of Estimate.
G. Water Quality
• Meet as required with TCEQ to discuss project scope, the scope of the abutting McConico
Plaza project and the design assumptions used in the approved WPAP for the project area.
• Analyze any differences between the proposed project scopes and the design assumptions in
the approved WPAP. Ensure the proposed projects design fall within the assumed
parameters of the approved WPAP.
• Modify the WPAP as necessary to reflect the proposed project improvements including the
McConico Plaza project.
• Perform all necessary pollutant generation and removal calculations pertinent to both projects
and incorporate into WPAP modification.
• Prepare the modification to the WPAP to be submitted to TCEQ by the CITY.
3
• Parking Lot Expansion/Reconstruction
• Parking lot expansion/reconstruction will be designed in accordance with City of Round Rock
Parking Lot Layout design criteria and Landscape ordinances.
• Expansion of the existing McConico/Baca Center parking lot will include the area previously
occupied by Fire Station #2.
• Prepare parking lot layout(s) and details including grading and drainage.
• Identify and acquire all applicable standards. Modify standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for the project at the 100% submittal.
• Utility Adjustments/Coordination
• Coordinate and assist with the relocation of existing utilities.
• Develop exhibits that indicate conflicts between identified existing
construction.
• Recommend resolution for each utility conflict.
• Prepare utility adjustment layout(s) for CITY owned utilities.
• Assemble applicable utility standards. Identify and acquire all applicable standards. Modify
standards as needed. Incorporate in plans.
• Calculate and tabulate final quantities for utility items for the project at the 100% submittal.
utilities and proposed
• Miscellaneous Services - Develop exhibits as needed and attend 1 public meeting, if required.
• Geotechnical Investigation - Utilize previous geotechnical investigations and reports to finalize
pavement recommendation.
• Bidding Phase Services
• Develop a Project Manual (Bid Documents, Contract Documents, and Specifications) for bidding
purposes.
• Answer questions from bidders.
• Develop and issue addenda as appropriate to interpret, clarify, or expand the bid documents.
• Attend prebid meeting (if scheduled).
• Review and evaluate bids.
• Assist CITY in determining the qualifications and acceptability of prospective contractors,
subcontractors, and suppliers.
• Prepare an Engineer's Recommendation of Award and make recommendation of bid award to
CITY.
• Construction Phase Services
• Attend preconstruction meeting.
• Review shop drawings submitted by the contractor for compliance with design concepts.
• Visit project site as requested by the City (anticipated not to exceed five (5) visits.
• Respond to up to twenty (20) Requests for Information (RFI).
4
• Services Not Included
• Earthwork quantities separated by construction phase.
• Traffic Studies that develop traffic projections.
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 Standard Specifications for Construction and Maintenance of Highways, Streets, and
Bridges - 2004 (English units)
7. TxDOT 2006 Texas Manual on Uniform Traffic Control, including latest revisions
8. AASHTO 2004 "Green Book" — A Policy on Geometric Design of Highways and Streets
9. National Environmental Policy Act (NEPA)
10. 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 project 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.
5
EXHIBIT C
Work Schedule
Attached Behind This Page
EXHIBIT C
Work Schedule
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WPAP modification
TCEQ Modification
Review
Bidding Phase
Letting
NTP and Construction
Phase Services
EXHIBIT D
Fee Schedule
CIassification
Project Manager
Sr. Project Engineer
Engineer Designer
stima#ed Direct Labor'(1
)verliead ()
Estimated Direct Expenses
Mylars
Plan Reproduction (schematic,60%,100%)
Project Manual (100 sheets)
Mileage
Per Diem
Total Estimated Direct Expenses
Hours Direct Rate Totals
124
208
222
9E00 V
$43.75
$36.00
$29.25
$5,425.00
$7,488.00
$6,493.50
19,406 $0
37,066 42
1 $3.75 $3.75
400 $0.45 $180.00
400 $0.25 $100.00
$0.505
$25
283.757:
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
BAKER/11C
ACORDeu CERTIFICATE OF LIABILITY INSURANCE
DATE (M
TE(of
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certlflcate holder In lieu of such endorsement(s).
PRODUCER
USI Southwest
7600 B N. Capital of Tx Hwy #200
Austin, TX 78731
CONACT
1.0,3,; EDebi Wylie
Nei: 512-467-0113
PHONEo, Ext). 512-651-4159 jAacc,,
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t -MSL
ADDRESS:
PRODUCER
CUSTOMER ID P:
INSURER(S) AFFORDING COVERAGE
NAJC 5
INSURED
Baker-Aicklen & Associates, Inc.
507 W. Liberty Avenue
Round Rock, TX 78664
INSURERA: Ace American Insurance Company
22667
INSURER B :
EACH OCCURRENCE
INSURER C :
INSURER D :
$
INSURER E :
CLAMS -MADE
INSURER F :
MED EXP (Any one person)
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS.
INSR
LTRINSR
TYPE OF INSURANCE )[4p"DDL AbUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POUCY EXP
(MMrDOfYYYY)
LIMITS
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
OCCUR
EACH OCCURRENCE
$
DAMAGE 10 h0
PREMISES (Eat occurrence)
$
CLAMS -MADE
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
S
GENERAL AGGREGATE
$
GENL
AGGREGATE LIMB
POLICY n JE 4
APPLIES PER:
PRODUCTS - COMP/OP AGG
$
I 1 LOC
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea eoddent)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per strident)
$
PROPERTY DAMAGE
(Per accident)
$
$
5
UMBRELLA LiAB_
EXCESS LAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
5
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORrPARTNER/EXECUTWE
OFFICERR.4EMBER EXCLUDED?
(Mandatory in NH)
if Yes, desuibe under
DESCRIPTION OF OPERATIONS below
NIA
I WC STATU- 1OTH-
TORY UNITS ER
E.L. EACH ACCIDENT
$
E.L DISEASE - EA EMPLOYEE
$
EL. DISEASE - POLICY LIMIT
$
A
Professional Liab
Claims Made Pol
EONG21674278004
05/21/2010
05/21/2011
$2,000,000 per claim
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Re: CORR Brown and Florence Street Reconstruction.
Prof Liab: The aggregate limit is the total insurance available for claims presented within the policy
period for all operations of insured. The limit will be reduced by payment of indemnity and expense.
CERTIFICATE HOLDER
CANCELLATION 10 Days for Non -Payment
City Manager
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
]l A4.. CE6owvnC:t/iL�f�
@ 1988-2009 ACORD CORPORATION. Ail rights reserved.
ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S5283321/M4784972
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