R-11-03-24-11C2 - 3/24/2011RESOLUTION NO. R -11-03-24-11C2
WHEREAS, the City of Round Rock desires to retain engineering services for the Hesters
Crossing and La Frontera Roadway Rehabilitation Project, and
WHEREAS, Kennedy Consulting, LTD. has submitted a Contract for Engineering Services to
provide said services, and
WHEREAS, the City Council desires to enter into said contract with Kennedy Consulting,
LTD., 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 Kennedy Consulting, LTD. for the Hesters Crossing and La Frontera
Roadway Rehabilitation 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 24th day of March, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
51A4%A kbbr
SARA L. WHITE, City Secretary
O:Awdox\SCCIntsV0112V 1104\MUNICIPALV00216834.DOC/ me
ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY.
I.
EXHIBIT
Ilk,
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KENNEDY CONSULTING, LTD.
ADDRESS: 205 E. University Ave., Suite 450, Georgetown, TX 78626
PROJECT: Hester's Crossing and La Frontera Roadway Rehabilitation
("Engineer")
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
0199.7165; 216425
St05mntlf
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 perforin 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 Two Hundred Forty Two Thousand, Eight Hundred Thirty One and No/100 Dollars
($242,831.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by
written Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form.
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Govermnent 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 perfomned which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein
Project Manager Il
Infrastructure Development & Construction Management
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-3237
Fax Number (512) 218-5563
Email Address bstablein@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:
Brian D. Gurley, P.E.
Project Manager
205 E. University Ave., Suite 450
Georgetown, TX 78626
Telephone Number (512) 864-2833
Fax Number (512) 819-9625
Email Address bgurley@kci-ltd.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within 'sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
6
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
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 alt 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.
7
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 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.
8
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
9
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
1 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 Iocal 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.
10
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 detennine 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 snaking 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
11
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.
12
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
13
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Brian D. Gurley, P.E.
Project Manager
205 E. University Ave., Suite 450
Georgetown, TX 78626
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 filly
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
14
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
Sara L. White, City Secretary
KENNEDY CONSULTING, LTD.
•
By:
Sp nature of Principal
Printed Name:�./,‘,, .46404E0 r
15
Stephan L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(I) 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 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
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
Project Background
The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of
Hester's Crossing Road & La Frontera Blvd. (the "Project") utilizing the services of Kennedy
Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultant
team listed below. This scope of services includes field surveying, environmental investigations,
geotechnical studies, preliminary roadway improvement studies, final design, and construction
engineering to be performed by the prime consultant or subconsultant team.
Project Team Subconsultants
a. Surveying and Mapping, Inc. (Survey & Subsurface Utility Engineering Services)
b. Ten -aeon Consultants, Inc. (Geotechnical Studies)
c. CoxjMcLain Environmental Consulting, Inc. (Environmental Investigations)
Preliminary Design
Task: Data Collection
The Engineer shall collect, review and evaluate the following data described below. The
Engineer shall inform the City of any disagreement found with the information or documents.
a. Record Drawings
The Engineer shall contact the City to collect record drawings of the La Frontera
Development and any previous Geotechnical Studies.
b. Utility Data
The Engineer shall contact the City to obtain all available City Utility data.
c. Standard Details
The Engineer shall utilize the City's current roadway standard details. The Engineer shall
also supplement standard details as required utilizing outside sources such as Williamson
County, TxDOT, etc.
Task: Design Survey Services
a. Mobile LIDAR Control and Design Data Collection
1. The Surveyor will set a total of 14 ground control targets in the roadways to use
as horizontal and vertical control for the Mobile LiDAR GPS Virtual Reference
Station (VRS) technology.
2. The Surveyor will deploy its scanning vehicle and mobile napping system for a 1
day duration acquisition phase of the project
1
3. Prior to the project's data acquisition by the mobile mapping system a bore -sight
calibration will be performed to obtain the information necessary to calibrate the
Heading, Roll and Pitch (HRP) of the sensors during the data processing.
4. The Mobile LiDAR system will capture LiDAR data and digital imagery for
visible above ground features along Hester's Crossing Rd. and La Frontera Blvd
as well as along the intersecting streets and existing driveways.
5. The three-dimensional LiDAR point clouds acquired through Mobile LiDAR
technology will be mined to extract spot elevations along the inside and outside
curbs/gutters along the subject roadways. The surveyor will analyze the point
cloud data and extract these spot elevations at intervals not exceeding 50 feet
along the curbs/gutters. Depending on the visible pavement conditions, these spot
elevations will be collected at significantly smaller intervals in order to provide a
larger level of detail of areas which seem to be affected by pavement heaving.
6. Additionally, the surveyor will set control to collect conventional surveying data
at the intersection of Kouri Avenue and Sundance Parkway within the limits
specified above. The surveyor believes this is the most cost effective way of
collecting the necessary topographic and planimetric data within this area. No
above ground visible utilities will be required to be collected and not additional
SUE work will be necessary at this intersection therefore these efforts are not
included in this scope of work.
7. The surveyor will then generate a 3D MicroStation drawing containing all of the
extracted points and export and ASCII point list (Point Number, Northing,
Easting, Elevation, Description) of these points.
b. Collection of Visible Above Ground Utilities
1. The calibrated point clouds collected during the design data collection portion
will be utilized to extract visible above ground utilities. These include storm
sewer manholes, waste water manholes, water meters, water valves, fire hydrants,
telephone pedestals, cable pedestals and electric panels. It is assumed that the
Mobile LiDAR will be able to collect 90% of these utilities and 10% of these will
be obscured by either vegetation or other obstructions. The obscured utilities will
be collected utilizing conventional surveying techniques. Invert elevations as
well as pipe size, type and direction of flow Of able to determine) will be
collected and reported only for the manholes that lie outside of the active
roadway.
2
c. Control Monimrentation for Construction and Borehole Location
1. The Surveyor will set a maximum of 3 pairs of control points (for a total of 6
points) for construction. The horizontal and vertical values for these control
points will be derived utilizing GPS VRS technology. These control points will
be set within existing rights-of-way far enough away from the construction site to
ensure stability. The surveyor will set 5/8" iron rods with aluminum caps
stamped with a unique alphanumeric designation. Control point recovery sheets
with sketches will be produced for all the control points set.
2. The Surveyor will locate one time a total of 10 geotechnical boreholes. These
will be located after the boreholes have been drilled by the geotechnical
subcontractor, utilizing GPS VRS technology. These locations will be inserted in
the MicroStation DGN drawing and an ASCII file of these locations will be
created
Task: Subsurface Utility Engineering
a. Provide Quality Service Level D (QL-D)
Utility records for the project area include: primary electric, telephone, fiber optic, gas,
water, sanitary sewer and storm drain systems. The Surveyor will collect any additional
utility records as necessary for the project.
b. Provide Quality Service Level C (QL-C)
Field locate and obtain accurate horizontal position of visible utility surface features for all
of the utility systems described within Level D service.
The Surveyor will provide all services to the standard of care applicable in the subsurface
engineering profession. The services will meet or exceed the standard guidelines of ASCE
C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing
Subsurface Utility Data".
The Surveyor will analyze and correlate all of the field -collected information with the
collected record information for ensuring continuity of the information collected. Resolve
conflicts with Level D and C information. All information will be correlated to the
project's monumentation.
Plan sheets (24"x 36") will be prepared. The utilities will be referenced by the type of
utility, color coded to American Public Works Association standards, utility company or
agency name, address, telephone number and contact person.
c. Provide Quality Service A - Locating (Test Hole) Services
Only when and if deemed necessary, Level A Test Holes will be performed for a maximum
of 5 test holes. 3 test holes are estimated at between 5 and 12 feet deep, 2 are estimated to
be between 0 and 5 feet deep. Locating services will locate the accurate horizontal and
vertical position of subsurface utilities by excavating a test hole using vacuum excavation
techniques and equipment that is non-destructive to utilities. In performing locating (test
hole) services, the Surveyor will:
1. Provide all equipment, personnel and supplies required to perform locating
services.
3
2. The Surveyor shall determine which equipment, personnel and supplies are
required to perform such services.
3. Utilize existing records and designated utilities at the site and investigate site
conditions.
4. Excavate test holes to expose the utility to be measured in such a manner that
ensures the safety of the excavation and the integrity of the utility to be measured.
In performing such excavations, the Surveyor shall comply with applicable utility
damage prevention laws and coordinate with utility inspectors, as required.
Excavations will be performed using specially developed vacuum excavation
equipment that is non- destructive to existing facilities. If contaminated soils are
discovered during the excavation process, the Surveyor will so notify the
Engineer.
5. Investigate, evaluate, measure and record a) actual depth to top of utility
referenced to a marker installed directly above the centerline of the exposed utility
structure and b) outside diameter of utility and configuration of non-encased,
multi -conduit systems.
6. Furnish and install markers directly above the centerline of utility structure and in
each excavated test hole.
7. Backfill around the exposed facility using the excavated materials. Excavations
will be backfilled and compacted in lifts. Compaction will comply with permit
requirements.
8. Provide restoration of pavement within limits of original cut. When test holes are
excavated in areas other than roadway pavement, these disturbed areas shall be
restored as nearly as reasonably possible to the condition that existed prior to
excavation.
9. Evaluate and compare field information with utility information described in
utility records and resolve conflicts with Level D, C, and A information.
Task: Environmental Investigations
a. TCEQ Coordination
Based on early non -formal coordination with TCEQ, the work proposed on this project will
most likely be considered a non-regulated activity. In this case, there is no requirement to
submit or modify an existing WPAP filed with TCEQ. The Engineer shall coordinate with
TCEQ and obtain official confirmation by letter that the proposed work is a non-regulated
activity.
Task: Prepare Environmental Technical Memorandum
The Engineer shall will prepare an Environmental Technical Memorandum related to the
proposed improvements. This scope of services provides for the preparation of an
Environmental Technical Memorandum, and does not include preparation of a NEPA document
(CatEx, EA, or EIS) pursuant to the National Enviromnental Policy Act (NEPA) because no
federal funding is anticipated.
4
a. Cultural Resources - Archeology
Project archeologists will conduct limited cultural resource investigations for the project
area. Archival research will be performed in the electronic and mapping files of the Texas
Historical Commission (THC) Atlas Sites database, the Texas Archeological Research
Laboratory (TARL), and/or any other relevant archives for information on previously
recorded sites and historic properties in the vicinity of the project's Area of Potential Effect
(APE). The results of this research will be summarized in the Environmental Technical
Memorandum. Should new right-of-way be acquired or a known site be identified within
the existing right-of-way, a pedestrian archeological survey consistent with THC survey
standards could be conducted for an additional scope and fee, if required.
b. Water Resources/Waters of the U.S.
The Engineer will collect data on surface water streams and other existing water resources.
The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the
proposed project will be assessed. Potential for impact to groundwater will be evaluated.
CMEC wetlands specialists will perform evaluations of wetlands and waters of the U.S. in
all areas potentially affected by the proposed project, as appropriate. This task will include
a determination of the type of permit (if any) that will be needed from the U.S. Army Corps
of Engineers (USACE). The Permit determination will be summarized in the
Environmental Technical Memorandum. Any 404 permit preparation would be carried out
under an additional scope and budget. See also task d.
c. Endangered Species Habitat Assessment, USFWS coordination
Because much of the project area has been cleared and paved, there is a low likelihood for
suitable habitat for warbles or vireos, and no presence/absence surveys for listed songbirds
are anticipated within the project right-of-way. TPWD occurrence records will be searched
in order to identify any known caves or karst invertebrate species within the corridor. No
Geologic Assessment and karst feature investigation is included in this fee estimate but
could be added, should initial site visits and site data collection by project ecologists
indicate the need to further investigate karst features.
d. Hazardous Materials
A database search of previously recorded hazardous material sites in the project area will
be conducted and a summary incorporated into the Environmental Technical
Memorandum. During field visits, project environmental staff will identify sites within and
near the project corridor that may pose a potential hazardous materials risk. A Phase I
Enviromnental Site Assessment is not included in this scope of services, but can be added
under an additional scope and budget.
Staff will utilize ArcView 9.2 to prepare graphics to illustrate existing enviromnental
conditions and potential consequences of this project. Graphics will be included in the
Environmental Technical Memorandum.
Modifications resulting from any substantive changes to project design after submittal of
the Environmental Technical Memorandum will require an additional scope and fee
estimate.
5
e. Exchrsions
The following tasks are not covered in this scope of work and may or may not be
necessary. If deemed necessary, these tasks could be conducted under a separate or
supplemental work authorization:
1. Geologic Assessment; excavation of potential karst features, or completion of
presence/absence surveys for endangered species;
2. Work extending beyond the specified limits of the project at the time of this work
order;
3. Any Section 404 permit preparation or agency correspondence;
4. Section 4(f)/6(f) Statement for parkland impacts;
5. Hazardous materials Phase 1 & Phase II ESAs;
6. Intensive or reconnaissance historic structures surveys; archeological assessments
of eligibility, or management recommendations for any historic structures;
7. Archeological pedestrian survey, site testing, or data recovery;
S. Preparation of a NEPA compliance document (CatEx, EA, or EIS);
9. Additional documentation services requested as a result of a change in
environmental regulations from those in practice and acceptable at the time of
approval of this work authorization.
Task: Geotechnical Studies
a. Field Program
Based on the proposed construction and our familiarity with the subsurface conditions in
the area, we propose to perform fifteen test borings along the roadway segments to depths
of 5 feet, or through observed fill soils, as outlined below. A City Controlled Property
Permit will be prepared and submitted to the City for approval.
1. Settlement Areas - at four different locations, we plan to drill two test borings:
one inside an area of significant settlement and one just outside of the settlement
zone, to assist in evaluation of the cause of the observed settlement. These areas
generally include the intersection area of La Frontera Boulevard/Sundance
Parkway, the northbound lane of La Frontera Boulevard north of Sundance
Parkway, Hester's Crossing Road west of La Frontera Boulevard (Marriott
entrance) and Hester's Crossing Road west of Dry Creek Drive.
2. Seven additional test borings are planned along the remainder of the roadway
segments to more fully evaluate existing pavement sections and subgrade
conditions in the study area.
Boring depths will be measured from existing grades at the time of drilling. Sampling will
be in general accordance with industry standard procedures wherein Shelby tube samples
or splitbarrel (Standard Penetration Test) samples are obtained. In addition, we will observe
6
and record groundwater Levels during and after drilling. Once the samples have been
collected and classified in the field, they will be placed in appropriate sample containers for
transport to our laboratory.
The Engineer plans to subcontract traffic control services to N -Line Traffic Maintenance to
allow for drilling in the roadways with standard truck -mounted equipment. Our drilling
activities will require closure of one lane at all times during our field program. We have
estimated two days of traffic control to complete performance of our field services. If
additional traffic control services are required, additional charges will apply.
We plan to contact the Texas One -Call system to locate underground utilities within public
right-of-ways and easements at the site. This proposal does not include services associated
with the Iocation of underground utilities on private property. We cannot be responsible for
damage to private utilities, which are not made aware to us.
The Engineer will take reasonable efforts to reduce damage to the property. We have not
budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or
special requirements regarding this site or exploration, these should be known prior to
commencing field work.
The drilling services for this project will be performed by a drilling subcontractor under
the Engineer's direction. Our fee is based on the site being accessible to our conventional
two wheel drive truck -mounted drilling equipment during normal business hours (09:00
AM through 04:00 PM on weekdays). Additional costs may result if this is not the case.
During our drilling operations, vehicle and pedestrian access to those areas (typically a
standard lane closure) around the boring will be restricted. Our scope of services does not
include location of underground utilities beyond contacting the Texas One -Call (or
DigTESS) locate service, which only mark utilities in public easements and right-of-ways.
For safety purposes, all borings will be backfilled immediately after their completion with
soil auger cuttings. If the borings are located in existing paved areas, the surface of the
boreholes will be capped with either cold -patch asphalt or concrete. Excess auger cuttings
will be disposed of as per the requirements of the City Controlled Property Permit. Because
backfill material often settles below the surface after a period of time, we recommend the
boreholes be checked periodically and backfilled if necessary. We can provide this service
at your request, but this would involve additional costs for supplemental site visits.
b. On -Site Visual Reconnaissance
The Engineer will perform a visual reconnaissance of the roadway segments to document
pavement condition, distress areas, settlement zones, and observed water seepage areas.
c. Review of Utility Plans
We plan to review the locations of the underground utilities at the site and compare to the
locations of distress documented in an attempt to correlate the possibility of the utility
installations impacting the performance of the pavements.
7
d. Laboratoi y Testing
The samples will be tested in our laboratory to determine physical engineering
characteristics. Testing will be performed under the direction of a geotechnical engineer
and will include visual classification, moisture content, dry density, grain size analyses,
Atterberg limit, and strength tests (unconfined compression), as appropriate.
e. Engineering Analysis and Report
The results of our field and laboratory programs will be evaluated by a professional
geotechnical engineer licensed in the State of Texas. Based on the results of our evaluation,
an engineering report will be prepared that details the results of the testing performed,
provides logs of the borings, and a diagram of the site/boring layout. The report will
include the following:
1. Computerized boring logs with subsurface stratigraphy based on visual
classification.
2. Summarized laboratory data.
3. Groundwater levels, if observed, during and at completion of drilling.
4. Boring location plan.
5. Subsurface exploration procedures.
6. Encountered subsurface conditions.
7. Observed pavement distress areas.
8. Potential correlations between pavement distress and on-site utilities.
9. Pavement thickness guidelines for replacement pavement sections.
10. Pavement rehabilitation options for varying distress conditions observed.
11. Recommended subsurface drainage remedial options, if appropriate.
12. Options for overall overlay of roadway segments.
j: Project Meetings
In addition to the engineering report, our scope of services includes time for a senior level
geotechnical engineer to attend two project meetings with the City of Round Rock to
discuss the project.
Task: Preliminary Design
The Engineer shall perform an initial roadway irnprovernent investigation to determine the limits
of reconstruction and rehabilitation, adequate solutions to fix pavement and utility trench failures
and control subsurface moisture:
a. Roadway Studies
The Engineer will perform field investigations to identify the areas likely requiring fiill
reconstruction, pavement rehabilitation, and areas requiring a minor overlay or no repair.
8
Additionally, the Engineer will identify those specific driveways and areas of sidewalk
along the project requiring reconstruction due to settlement or failures.
The Engineer will recreate in CAD the horizontal chains, profiles, and pavement edges
from the record drawings. Using the collected field survey data, the Engineer will compare
the surveyed curbline profiles to the CAD information recreated from the as-built plans.
From this comparison, the Engineer will determine any profile discrepancies between the
survey field conditions and those recorded in the record drawings. These discrepancies
will be compared to the findings of the field investigation, and the limits of proposed
reconstruction, pavement rehab, and minor repair will be revised as necessary.
b. Utility/Drainage Investigations
The City will record an internal video of the existing storm sewer system and wastewater
system (if possible) throughout the project limits, sending a motorized camera through the
trunklines, inlets, and laterals. Additionally, the Engineer will field survey elevations of
storm sewer and wastewater manhole covers and flowlines outside the limits of the
roadbed. The Engineer will analyze the video and field survey information, comparing the
data to record drawings, and will attempt to determine the extent of any damage to these
City utilities as settlement may have caused the failure of pipe joints, pipe cracking at
manholes and inlets, or inverted grades. Where this has occurred, water leaks or ponding
in these systems inay undermine any proposed reconstruction or rehabilitation work to the
pavement, and utilities may require replacement.
The Engineer will analyze additional pavement borings drilled within the limits of utility
trenches throughout the project. The Engineer will determine the quality of the fill material
in the existing utility trenches, and the possible extent of continued settlement and
compaction. The Engineer will develop a detail to fix existing and future utility trench
failures. Possibilities may include replacement of existing fill material, recompaction,
and/or geogrid reinforcement.
Utilizing this data, the Engineer will determine limits of utility trench rehabilitation and
possible utility replacement. The extent of utility work is unknown and may greatly irnpact
the budget of the proposed project. The Engineer will hold a Utility Coordination meeting
with the City to present the utihity recommendations, their impacts to the project budget,
and determine a preferred course of action to best utilize the construction funds.
c. Moisture Investigations
The Engineer will perform field investigations to locate those areas along the project where
moisture is evident on the existing pavement. In several locations throughout the project,
moisture ponds on the roadway from offsite runoff over curbs or infiltration from beneath
the pavement at curb/asphalt joints or median noses. The Engineer will also study the
moisture content of previous and proposed pavement borings to determine the possible
extents of subsurface moisture.
It will likely not be possible to locate the source of all moisture problems, or the location of
all utility leaks underneath the pavement structure. However, the Engineer will develop
details for pavement underdrains and moisture barriers to place under and adjacent to the
roadway and in vegetated medians to slow any infiltration and help drain moisture away
from the pavement structure. The Engineer will determine appropriate locations to place
proposed pavement underdrains and moisture barriers.
9
d. Schematic of Proposed Improvements
The Engineer will prepare a plan schematic exhibit detailing the limits and extents of the
proposed project improvements. The exhibit will include the limits of proposed pavement
reconstruction, pavement rehabilitation, curb replacement, driveway reconstructions,
drainagehutility reconstruction, proposed pavement underdrains, and utility trench
rehabilitation/compaction. Additionally, the Engineer will prepare preliminary details of
the proposed adjustments to utility trenches, proposed pavement underdrains, water
barriers, and pavement rehabilitation options.
e. Preliminary Cost Estimate
The Engineer will prepare a preliminary cost estimate itemizing and summing the
construction cost of all possible proposed improvements. The Engineer will coordinate
with the City to present and analyze the cost/benefit of each proposed improvements to
remain within the approved project constriction budget. With City consensus, the
Engineer will determine the extent of improvements that may be constructed within the
available budget, and will prepare a preliminary estimate of the construction cost of the
final design.
Final Design
Task: Roadway Design
a. Basic Plan Sheets
The Engineer will:
1. Prepare the PS&E Title Sheet.
2. Complete the detailed Index of Sheets that identifies each sheet location in the
plan set, as well as its corresponding sheet number. The Engineer will update the
Index of Sheets throughout the submittal process to allow for easier reference
during the review process.
3. Prepare Benchmark Layout Sheets that clearly indicate the benchmark locations
and associated control information. These sheets will later be seated by a RPLS
for submittal.
b. Roadway Design
The Engineer will:
1. Develop a Proposed Typical Sections Sheet depicting the proposed rehab
pavement sections on Hester's Crossing and La Frontera. The typical sections
shall depict the appropriate pavement structure as identified for the severity of the
rehab work as recommended by the geotechnical investigations.
2. Complete an Existing Typical Sections Sheet depicting the existing conditions of
the project roadways, according to information provided by the City of Round
Rock.
3. Complete Roadway Plan and Profile sheets in areas of major roadway
reconstruction or curb replacement depicting the proposed construction.
10
Drawings will be prepared at a scale of 1"=40' H and 1"=4' V. Plan and profile
sheets will not be created for areas of overlay/resurfacing.
4. The Engineer shall prepare a pavement marking detail sheet. The Engineer shall
detail typical permanent and temporary pavement markings and channelization
devices on a typical section. Pavement markings shall be selected from the latest
TMUTCD standards.
5. Prepare Intersection Detail sheet showing spot elevations and contours at the
intersections of Hester's Crossing and La Frontera, La Frontera and Sundance
Parkway, and Kouri and Sundance Parkway.
6. Prepare a Curve Data Sheet depicting the horizontal geometric information for the
edges of pavement and/or face of curb to be included in the construction plan set.
7. Prepare Removal Plan Sheets at a 1"=100' scale. Removal sheets shall clearly
indicate pavement and other pertinent items to be removed.
8. Develop Sidewalk rehab sheets depicting the limits of proposed sidewalk
reconstruction.
9. The Engineer shall develop plan sheets displaying temporary erosion control
measures to be placed along the project during construction at a 1"=100' scale for
coordination with TCEQ.
c. Grading and Details
The Engineer will:
1. Prepare a Driveway Detail sheet to detail the driveways to be reconstructed along
the project corridor. These reconstructed driveways will be defined in a tabular
format.
2. Develop Miscellaneous Roadway Detail sheets for the project including pavement
underdrains, moisture barriers, utility trench rehabilitation details, etc. The sheets
will depict details required that are not defined in City of Round Rock,
Williamson County, or TxDOT standard detail sheets.
Task: Miscellaneous
a. Quantities
The Engineer will tabulate quantities for the following: Earthwork, Roadway, Removals,
Pavement markings, and Drainage/Utility related items.
b. Standards, Specifications, and Estimate
The Engineer will:
1. The Engineer will revise and seal any TxDOT, County, or City Standard that requires
modification. All other standards will have their title blocks filled out with the
applicable project data and printed for inclusion in the final plan set.
2. The Engineer shall provide (signed and sealed) any necessary details required to
supplement standard details.
11
3. Prepare a tabulation of applicable Specifications, Special Specifications and Special
Provisions for submission with the final PS&E package.
4. Review General Notes provided by the City of Round Rock for applicability to the
project. The Engineer will mark-up a set and return it to the City for their inclusion in
the final plan set.
5. Prepare a Construction Cost Estimate at the 60%, 95%, and Final PS&E submittal,
and supply a copy to the City of Round Rock in Microsoft Excel format.
c. Deliverables
The Engineer will submit three (3) 11" X 17" paper copies at the .60%, and 95%
submittal. Final PS&E submittal shall include three (3) 11" X 17" paper copies in
addition to the signed, sealed and dated 11" x 17" Final Mylars including all supporting
documentation and paperwork. The Engineer will submit all design electronic files as
well as.a PDF file of the final PS&E package.
Task: General Project Management
a. General Management
The Engineer shall establish and maintain project schedules and budgets, develop monthly
progress reports, prepare invoices and meet with the City and other entities on an as needed
basis for the duration of the project design.
b. Subconsultant Supervision
The Engineer shall establish a schedule for the engineering services to be performed by the
subconsultants at the beginning of the project. The Engineer shall be responsible for the
coordination, supervision, review and incorporation of the subconsultants' work.
c. Project Coordination Meetings
General project coordination shall consist of about four meetings.
d. Utility Coordination
The Engineer shall coordinate with local utility providers with known facilities in the
project area.
e. Quality Assuance/Quality Control
The Engineer shall review all work to assure that the work is in accordance with City
requirements and that the work is completed in a timely and efficient manner.
Construction Engineering & Inspection
Task: Construction Engineering
a. Bid Phase Services
The Engineer will prepare the Construction Project Manual and will attend a Pre -Bid
Conference and Pre -Construction Meeting.
b. Construction and Material Submittals
The Engineer shall review all construction and material submittals for the project.
12
c. Weekly Construction Meetings
The Engineer shall attend weekly construction meetings for the duration of project
construction.
d. Record Drawings
The Engineer shall produce record drawings based solely on information, measurements,
and mark-ups provided by the contractor and deliver to City of Round Rock Staff.
13
EXHIBIT C
Work Schedule
Attached Behind This Page
Task Milestone . Rolled Up Task Rolled Up Progress MEM External Tasks Group By Summary WV
Progress UMW Summary ^ Rolled Up Milestone 0 Split Protect Summary VIM Deadline
WO
}
A
J
W
a
w
z
Z
O
0
O 1
U 'Z
Z 1(�
W I
z I0
Ix
w
Q
Q
o
io
jz
w
lZ
1w
I
w
IV
'�
lite
m
w
Z
5
O
co
1i-
I
Iz
0 I
CA n i�
LiiJ 1w
T. ;0
1
i
l0 1z
2 ,(
��
i-
la
,n.
�� i z m
1 I
io
10 'Q
1z Ig
m
.0 co
co
1 -Qt Q j< 1<
et IZ t G it d
I°; m m im
3 Iw 3 CO }CO O.
'� O t o
;;x m Ia ;U
10
it
I/ %
O
a
Project Hester's
& La Frontera
EXHIBIT D
Fee Schedule
Attached Behind This Page
EXHIBIT D
FEE SCHEDULE
FOR
KENNEDY CONSULTING, LTD.
HESTER'S CROSSING & LA FRONTERA BLVD.
For services describe in the Scope of Services, we request the compensation as detailed
below. Cost breakdowns for engineering services and explanation of expenses are shown on
the following pages.
LUMP SUM AMOUNT
$242,831.00
Page 1 of 3
EXHIBIT D
Fee Schedule Summary
Kennedy Consulting, Ltd.
Hester's Crossing & La Frontera Blvd.
Cost/ Task
Description of Work or Task Totals
o
o
0
CI.
3
I $1,330.00
0
o
c:i
7
Ci.
1,-i
$1,090.00 I
a
o
a
co
C,1
czi
co
CO
o
o
c:5
0
0
I
o
o
d.'0
o
a)
id
,-
CR
0
a
c
in
CV
oi
es101
CA
o
o
0c0
co
CD
.ct:*
CO
$166,845.00 1
o
lo
o
t•
(0
OS
69
o
10
oi
0
0
Ci
C O
EA.
o
co
0
CD
$14,800.00 I
cs
q
o
0(N1
al.
is;
o
a
•
o
0
co
of
co
$2,500.00
$242,831.00
Kennedy Consulting, Ltd.
Task: Data Collection
Task: Field Surveying
Task: Environmental Investigations
Task: Geotechnical Studies
Task: Preliminary Design
Task: Roadway Design
0
c
o
o
c
o
0
2
.2
(n
as
i -
Task: General Project Management
Task: Construction Engineering
KCI FEE SCHEDULE SUMMARY
Surveying and Mapping, Inc. (SAM) 1
Task: Field Survey
1 Task: Subsurface Utility Engineering
SAM FEE SCHEDULE SUMMARY
Terracon
ITask: Geotechnical Services
TERRACON FEE SCHEDULE SUMMARY
1 CoxlMcLain Environmental Consulting, Inc. (CMC)
Task: Environmental Tech Memo
CMC FEE SCHEDULE SUMMARY
TOTAL FEE
EXHIBIT D
FEE SCHEDULE
PRIME OR SUBPROVIDER NAME: Kennedy Consulting, Ltd.
Page 3 of 3
DIRECT LABOR
Labor/Staff Classification
Estimated
Hourly Base Rate
Estimated
Contract Rate
Project Manager
$
70.25
$
210.00
Senior Professional
$
56.85
$
170.00
Professional II
$
46.82
$
140.00
ProfessionalI
$
36.80
$
110.00
Admin / Clerical
$
23.40
$
70.00
FAR Overhead Rate:
Negotiated Profit Rate:
166.96%
12%
Estimated Contract Rates include labor, overhead, and profit.
Page 3 of 3
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Acc• af CERTIFICATE OF LIABILITY INSURANCE
° 2;24;2Q` 1f1�i
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
McLaughlin Brunson Insurance Agency, LLP
6600
6600 LBJ Freeway
Suite 220
Dallas TX 75240
CONTACT
PHO: Patrick P McLaughlin
FAX
_CNC, ,No,Ext)• (214) 503-1212 (214) 503-8899
E-MAIL
ADDRESS.
PRODUCER 21014
CUSTOMER I01:
INSURER(S) AFFORDING COVERAGE
INSURER*:Travelers Indemnity Company
GENERALLIABIUTY
NAIC II
25658
11000
INSURED
Kennedy Consulting, Ltd.
Kennedy Consulting, Inc.
205 E. University Ave.
Suite 450
Georgetown TX 78626
(972) 542-1754
unmet S:Sentinel Insurance Co. Ltd
INSURERC:Catlin Insurance Company, Inc.
19518
INSURERD:
2/11/2012
INSURERS:
$ 1,000,000
INSURER F :
DAMAGE
MISESMaoccuaencel
CERTIFICATE NUMBER:
•
THIS IS TO CERTIFY THAT THE POLICIES
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.
CERTIFICATE MAY BE ISSUED OR MAY
EXCLUSIONS AND CONDITIONS OF SUCH
OF INSURANCE
PERTAIN,
POLICIES.
TOOL
INSR
-SSR
WVD
LISTED BELOW HAVE BEEN
TERM OR CONDITION OF ANY
THE INSURANCE AFFORDED BY
LIMITS SHOWN MAY HAVE BEEN
POLICY NUMBER
ISSUED TO
CONTRACT
THE POLICIES
REDUCED BY
POLICY EFF
(MMIDDIYYYYI
THE INSURED
OR OTHER
DESCRIBED
PAID CLAIMS.
POUCY EXP
IMMIODIYYYY)
NAMED ABOVE FOR THE POLICY PERIOD
DOCUMENT WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
UNITS
INSR
LTR
TYPE OF INSURANCE
TYPE OF INSURANCE
B
GENERALLIABIUTY
COMMERCIAL GENERAL LIABILITY
OCCUR
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
EACH OCCURRENCE
$ 1,000,000
X
DAMAGE
MISESMaoccuaencel
$ 1,000,000
CLAIMS -MADE
X
MED EXP (Any one person)
S 10,000
PERSONAL BADVINJURY
S 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENT.
—1
AGGREGATE LIMITAPPUES PER:
POLICY I X i 781- n LOC
PRODUCTS-COMP/OP AGO
S 2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL ONEDAUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0,ANEOAUTOS
No Owned Autos.
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per ecddent)
S
X
PROPERTY DAMAGE
(Per accident)
$
X
$
X
S
B
UMBRELLA UAB
EXCESS LIAR
X
—
OCCUR
SMS -MADE
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
EACH OCCURRENCE
S 6,000,000
AGGREGATE
S 6,000,000
—
X
DEDUCTIBLE
RETENTION $ 10,000
S
$
A
WORKERS COMPENSATIONV6C
AND EMPLOYERS'UABIUTY
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in N14)
dyes,desadbe under
DESRIPr1ONOFOPERATIONS
YIN
N IA
Y
UB5536Y649
2/11/2011
2/11/2012
STATU I°"1-
X TORY 1IMRS FR
E.L. EACH ACCIDENT
$ 500,000
Wow
EL DISEASE - EA EMPLOYEE
S 500,000
E.L. DISEASE -POLICY LIMIT
$ 500,000
C
Professional Liab.
14
Y
ASD -99195-02112
2/11/2011
2/11/2012
$3,000,000 Per Clam/
Annual Aggregate
DESCRIPTION OF OPERATIONS) LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, ',mors space Is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. 30 Days Notice of Cancellation
in favor of the certificate holder.
CANCELLATION
City of Round Rock
221 E. Main St.
Round Rook TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
raprti124c
ACORD 25 (2009108)
®1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and Logo are registered marks of ACORD
Page 1 of 1
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 11C2.
Ci Council A enda Summar Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Contract for Engineering
Services with Kennedy Consulting, Ltd. for the Hester's Crossing and La Frontera Roadway
Rehabilitation Project.
Meeting Date: March 24, 2011
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael Thane, P.E.
Director of Infrastructure Management
Item Summary:
As part of the La Frontera Development, streets were approved for construction in March of 1999 by City Council
and constructed by 35/45 La Frontera. L.P. Currently the streets along Hester's Crossing Road from Dry Creek Drive
to County Road 172; La Frontera Boulevard from Hester's Crossing Road to SH 45; and the intersection of Sundance
Parkway and Kouri Drive show failures of heaving and depressions in areas where underground utilities and
infrastructure exist.
The purpose of the rehabilitation and reconstruction project of aforementioned portions of Hesters Crossing and La
Frontera Boulevard are to restore the condition of these critical arterials near a major retail center in order to
enhance safety and mobility in the area. The contract for engineering services includes field surveying,
environmental investigations, additional geotechnical studies, preliminary roadway improvement studies,
development of PS &E package and construction engineering by Kennedy Consulting, LTD.
Strategic Plan Relevance:
26.0 - Construct major element of the transportation and mobility system as approved by Council in the Master
Transportation Plan.
Cost: $242,831
Source of Funds: General Self -Financed Construction
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
"ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KENNEDY CONSULTING, LTD. ("Engineer")
ADDRESS: 205 E. University Ave., Suite 450, Georgetown, TX 78626
PROJECT: Hester's Crossing and La Frontera Roadway Rehabilitation
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the iteeklay of MGA/` , 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
0199.7165; 216425
St05mntlf
�-U-04-2*- I
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 perforin Engineering Services as identified in Exhibit 13 entitled "Engineering
Services."
Engineer shall perforin 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) Terni. 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 Two Hundred Forty Two Thousand, Eight Hundred Thirty One and No/100 Dollars
($242,831.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by
written Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal fiends; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein
Project Manager II
Infrastructure Development & Construction Management
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-3237
Fax Number (512) 218-5563
Email Address bstablein@round-rock.tx.us
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:
Brian D. Gurley, P.E.
Project Manager
205 E. University Ave., Suite 450
Georgetown, TX 78626
Telephone Number (512) 864-2833
Fax Number (512) 819-9625
Email Address bgurley@kci-ltd.cotn
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract,
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
6
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
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.
7
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 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.
8
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
9
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 atnount 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 Iocal laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any mariner 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.
10
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 snaking 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
11
otherwise acceptable to City. Engineer shall also notify City, within twenty-fotr (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 terin 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.
12
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
13
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Brian D. Gurley, P.E.
Project Manager
205 E. University Ave., Suite 450
Georgetown, TX 78626
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
14
(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 O' R• 1 ROCK,A'EXAS
By:
Alan cGraw, Mayor
ATTEST:
By:
Sara L. White, City Secretary
KENNEDY CONSULTING, LTD.
13y: 7
S ature of Principal
Printed Name: J. 1//,i, � ,cl c,EP y
15
AP
VED AS TOIFORM:
Stepha
L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(I) 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 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
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
Project Background
The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of
Hester's Crossing Road & La Frontera Blvd. (the "Project") utilizing the services of Kennedy
Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultant
team listed below. This scope of services includes field surveying, environmental investigations,
geotechnical studies, preliminary roadway improvement studies, final design, and construction
engineering to be performed by the prime consultant or subconsultant team.
Project Team Subconsultants
a. Surveying and Mapping, Inc. (Survey & Subsurface Utility Engineering Services)
b. Terracon Consultants, Inc. (Geotechnical Studies)
c. CoxfMcLain Environmental Consulting, Inc. (Environmental Investigations)
Preliminary Design
Task: Data Collection
The Engineer shall collect, review and evaluate the following data described below. The
Engineer shall inform the City of any disagreement found with the information or documents.
a. Record Drawings
The Engineer shall contact the City to collect record drawings of the La Frontera
Development and any previous Geotechnical Studies.
b. Utility Data
The Engineer shall contact the City to obtain all available City Utility data.
c. Standard Details
The Engineer shall utilize the City's current roadway standard details. The Engineer shall
also supplement standard details as required utilizing outside sources such as Williamson
County, TxDOT, etc.
Task: Design Survey Services
a. Mobile LIDAR Control and Design Data Collection
1. The Surveyor will set a total of 14 ground control targets in the roadways to use
as horizontal and vertical control for the Mobile LiDAR GPS Virtual Reference
Station (VRS) technology.
2. The Surveyor will deploy its scanning vehicle and mobile mapping system for a 1
day duration acquisition phase of the project
1
3. Prior to the project's data acquisition by the mobile mapping system a bore -sight
calibration will be performed to obtain the information necessary to calibrate the
Heading, Roll and Pitch (HRP) of the sensors during the data processing.
4. The Mobile LiDAR system will capture LiDAR data and digital imagery for
visible above ground features along Hester's Crossing Rd. and La Frontera Blvd
as well as along the intersecting streets and existing driveways.
5. The time -dimensional LiDAR point clouds acquired through Mobile LiDAR
technology will be mined to extract spot elevations along the inside and outside
curbs/gutters along the subject roadways. The surveyor will analyze the point
cloud data and extract these spot elevations at intervals not exceeding 50 feet
along the curbs/gutters. Depending on the visible pavement conditions, these spot
elevations will be collected at significantly smaller intervals in order to provide a
larger level of detail of areas which seem to be affected by pavement heaving.
6. Additionally, the surveyor will set control to collect conventional surveying data
at the intersection of Kouri Avenue and Sundance Parkway within the limits
specified above. The surveyor believes this is the most cost effective way of
collecting the necessary topographic and planimetric data within this area. No
above ground visible utilities will be required to be collected and not additional
SUE work will be necessary at this intersection therefore these efforts are not
included in this scope of work.
7. The surveyor will then generate a 3D MicroStation drawing containing all of the
extracted points and export and ASCII point list (Point Number, Northing,
Easting, Elevation, Description) of these points.
b. Collection of Visible Above Ground Utilities
1. The calibrated point clouds collected during the design data collection portion
will be utilized to extract visible above ground utilities. These include storm
sewer manholes, waste water manholes, water meters, water valves, fire hydrants,
telephone pedestals, cable pedestals and electric panels. It is assumed that the
Mobile LiDAR will be able to collect 90% of these utilities and 10% of these will
be obscured by either vegetation or other obstructions. The obscured utilities will
be collected utilizing conventional surveying techniques. Invert elevations as
well as pipe size, type and direction of flow (if able to determine) will be
collected and reported only for the manholes that lie outside of the active
roadway.
2
c. Control R4onrnnentation for Construction and Borehole Location
1. The Surveyor will set a maximum of 3 pairs of control points (for a total of 6
points) for construction. The horizontal and vertical values for these control
points will be derived utilizing GPS VRS technology. These control points will
be set within existing rights-of-way far enough away from the construction site to
ensure stability. The surveyor will set 5/8" iron rods with aluminum caps
stamped with a unique alphanumeric designation. Control point recovery sheets
with sketches will be produced for all the control points set.
2. The Surveyor will locate one time a total of 10 geotechnical boreholes. These
will be located after the boreholes have been drilled by the geotechnical
subcontractor, utilizing GPS VRS technology. These locations will be inserted in
the MicroStation DGN drawing and an ASCII file of these locations will be
created
Task: Subsurface Utility Engineering
a. Provide Quality Service Level D (QL-D)
Utility records for the project area include: primary electric, telephone, fiber optic, gas,
water, sanitary sewer and storm drain systems. The Surveyor will collect any additional
utility records as necessary for the project.
b. Provide Quality Service Level C (QL-C)
Field locate and obtain accurate horizontal position of visible utility surface features for all
of the utility systems described within Level D service.
The Surveyor will provide all services to the standard of care applicable in the subsurface
engineering profession. The services will meet or exceed the standard guidelines of ASCE
C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing
Subsurface Utility Data".
The Surveyor will analyze and correlate all of the field -collected information with the
collected record information for ensuring continuity of the information collected. Resolve
conflicts with Level D and C information. All information will be correlated to the
project's monumentation.
Plan sheets (24"x 36") will be prepared. The utilities will be referenced by the type of
utility, color coded to American Public Works Association standards, utility company or
agency name, address, telephone number and contact person.
c. Provide Quality Service A - Locating (Test Hole) Services
Only when and if deemed necessary, Level A Test Holes will be performed for a maximum
of 5 test holes. 3 test holes are estimated at between 5 and 12 feet deep, 2 are estimated to
be between 0 and 5 feet deep. Locating services will locate the accurate horizontal and
vertical position of subsurface utilities by excavating a test hole using vacuum excavation
techniques and equipment that is non-destructive to utilities. In performing locating (test
hole) services, the Surveyor will:
1. Provide all equipment, personnel and supplies required to perform locating
services.
3
2. The Surveyor shall determine which equipment, personnel and supplies are
required to perform such services.
3. Utilize existing records and designated utilities at the site and investigate site
conditions.
4. Excavate test holes to expose the utility to be measured in such a manner that
ensures the safety of the excavation and the integrity of the utility to be measured.
In performing such excavations, the Surveyor shall comply with applicable utility
damage prevention laws and coordinate with utility inspectors, as required.
Excavations will be performed using specially developed vacuum excavation
equipment that is non- destructive to existing facilities. If contaminated soils are
discovered during the excavation process, the Surveyor will so notify the
Engineer.
5. Investigate, evaluate, measure and record a) actual depth to top of utility
referenced to a marker installed directly above the centerline of the exposed utility
structure and b) outside diameter of utility and configuration of non-encased,
multi -conduit systems.
6. Furnish and install markers directly above the centerline of utility structure and in
each excavated test hole.
7. Backfill around the exposed facility using the excavated materials. Excavations
will be backfilled and compacted in lifts. Compaction will comply with permit
requirements.
S. Provide restoration of pavement within limits of original cut. When test holes are
excavated in areas other than roadway pavement, these disturbed areas shall be
restored as nearly as reasonably possible to the condition that existed prior to
excavation.
9. Evaluate and compare field information with utility information described in
utility records and resolve conflicts with Level D, C, and A information.
Task: Environmental Investigations
a. TCEQ Coordination
Based on early non -formal coordination with TCEQ, the work proposed on this project will
most likely be considered a non-regulated activity. In this case, there is no requirement to
submit or modify an existing WPAP filed with TCEQ. The Engineer shall coordinate with
TCEQ and obtain official confirmation by letter that the proposed work is a non-regulated
activity.
Task: Prepare Environmental Technical Memorandum
The Engineer shall will prepare an Environunental Technical Memoranduun related to the
proposed improvements. This scope of services provides for the preparation of an
Environmental Technical Memorandum, and does not include preparation of a NEPA document
(CatEx, EA, or EIS) pursuant to the National Environmental Policy Act (NEPA) because no
federal funding is anticipated.
4
a. Cultural Resources - Archeology
Project archeologists will conduct limited cultural resource investigations for the project
area. Archival research will be performed in the electronic and mapping files of the Texas
Historical Commission (THC) Atlas Sites database, the Texas Archeological Research
Laboratory (TARL), and/or any other relevant archives for information on previously
recorded sites and historic properties in the vicinity of the project's Area of Potential Effect
(APE). The results of this research will be summarized in the Environmental Technical
Memorandum. Should new right-of-way be acquired or a known site be identified within
the existing right-of-way, a pedestrian archeological survey consistent with THC survey
standards could be conducted for an additional scope and fee, if required.
b. Water Resources/Waters of the U.S.
The Engineer will collect data on surface water streams and other existing water resources.
The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the
proposed project will be assessed. Potential for impact to groundwater will be evaluated.
CMEC wetlands specialists will perform evaluations of wetlands and waters of the U.S. in
all areas potentially affected by the proposed project, as appropriate. This task will include
a determination of the type of permit (if any) that will be needed from the U.S. Army Corps
of Engineers (USACE). The Permit determination will be summarized in the
Environmental Technical Memorandiun. Any 404 permit preparation would be carried out
under an additional scope and budget. See also task d.
c. Endangered Species Habitat Assessment, USFWS coordination
Because much of the project area has been cleared and paved, there is a low likelihood for
suitable habitat for warbles or vireos, and no presence/absence surveys for listed songbirds
are anticipated within the project right-of-way. TPWD occurrence records will be searched
in order to identify any known caves or karst invertebrate species within the corridor. No
Geologic Assessment and karst feature investigation is included in this fee estimate but
could be added, should initial site visits and site data collection by project ecologists
indicate the need to further investigate karst features.
d. Hazardous Materials
A database search of previously recorded hazardous material sites in the project area will
be conducted and a summary incorporated into the Environmental Technical
Memorandum. During field visits, project environmental staff will identify sites within and
near the project corridor that may pose a potential hazardous materials risk. A Phase I
Enviromnental Site Assessment is not included in this scope of services, but can be added
under an additional scope and budget.
Staff will utilize ArcView 9.2 to prepare graphics to illustrate existing environmental
conditions and potential consequences of this project. Graphics will be included in the
Environrnental Technical Memorandum.
Modifications resulting from any substantive changes to project design after submittal of
the Environmental Teclrical Memorandum will require an additional scope and fee
estimate.
5
e. Exclusions
The following tasks are not covered in this scope of work and may or may not be
necessary. If deemed necessary, these tasks could be conducted under a separate or
supplemental work authorization:
1. Geologic Assessment; excavation of potential karst features, or completion of
presence/absence surveys for endangered species;
2. Work extending beyond the specified limits of the project at the time of this work
order;
3. Any Section 404 permit preparation or agency correspondence;
4. Section 4(f)/6(f) Statement for parkland impacts;
5. Hazardous materials Phase I & Phase II ESAs;
6. Intensive or reconnaissance historic structures surveys; archeological assessments
of eligibility, or management recommendations for any historic structures;
7. Archeological pedestrian survey, site testing, or data recovery;
8. Preparation of a NEPA compliance document (CatEx, EA, or EIS);
9. Additional documentation services requested as a result of a change in
environmental regulations from those in practice and acceptable at the time of
approval of this work authorization.
Task: Geotechnical Studies
a. Field Program
Based on the proposed construction and our familiarity with the subsurface conditions in
the area, we propose to perform fifteen test borings along the roadway segments to depths
of 5 feet, or through observed fill soils, as outlined below. A City Controlled Property
Permit will be prepared and submitted to the City for approval.
1. Settlement Areas - at four different locations, we plan to drill two test borings:
one inside an area of significant settlement and one just outside of the settlement
zone, to assist in evaluation of the cause of the observed settlement. These areas
generally include the intersection area of La Frontera Boulevard/Sundance
Parkway, the northbound lane of La Frontera Boulevard north of Sundance
Parkway, Hester's Crossing Road west of La Frontera Boulevard (Marriott
entrance) and Hester's Crossing Road west of Dry Creek Drive.
2. Seven additional test borings are planned along the remainder of the roadway
segments to more fully evaluate existing pavement sections and subgrade
conditions in the study area.
Boring depths will be measured from existing grades at the time of drilling. Sampling will
be in general accordance with industry standard procedures wherein Shelby tube samples
or splitbarrel (Standard Penetration Test) samples are obtained. In addition, we will observe
6
and record groundwater Levels during and after drilling. Once the samples have been
collected and classified in the field, they will be placed in appropriate sample containers for
transport to our laboratory.
The Engineer plans to subcontract traffic control services to N -Line Traffic Maintenance to
allow for drilling in the roadways with standard truck -mounted equipment. Our drilling
activities will require closure of one lane at all times during our field program. We have
estimated two days of traffic control to complete performance of our field services. If
additional traffic control services are required, additional charges will apply.
We plan to contact the Texas One -Call system to locate underground utilities within public
right-of-ways and easements at the site. This proposal does not include services associated
with the location of underground utilities on private property. We cannot be responsible for
damage to private utilities, which are not made aware to us.
The Engineer will take reasonable efforts to reduce damage to the property. We have not
budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or
special requirements regarding this site or exploration, these should be known prior to
commencing field work.
The drilling services for this project will be performed by a drilling subcontractor under
the Engineer's direction. Our fee is based on the site being accessible to our conventional
two wheel drive truck -mounted drilling equipment during normal business hours (09:00
AM through 04:00 PM on weekdays). Additional costs may result if this is not the case.
During our drilling operations, vehicle and pedestrian access to those areas (typically a
standard lane closure) around the boring will be restricted. Our scope of services does not
include location of underground utilities beyond contacting the Texas One -Call (or
DigTESS) locate service, which only mark utilities in public easements and right-of-ways.
For safety purposes, all borings will be backfilled immediately after their completion with
soil auger cuttings. If the borings are located in existing paved areas, the surface of the
boreholes will be capped with either cold -patch asphalt or concrete. Excess auger cuttings
will be disposed of as per the requirements of the City Controlled Property Permit. Because
backfill material often settles below the surface after a period of time, we recommend the
boreholes be checked periodically and backfilled if necessary. We can provide this service
at your request, but this would involve additional costs for supplemental site visits.
b. On -Site Visual Reconnaissance
The Engineer will perform a visual reconnaissance of the roadway segments to document
pavement condition, distress areas, settlement zones, and observed water seepage areas.
c. Review of Utility Plans
We plan to review the locations of the underground utilities at the site and compare to the
locations of distress documented in an attempt to correlate the possibility of the utility
installations impacting the performance of the pavements.
7
d Laboratory Testing
The samples will be tested in our laboratory to determine physical engineering
characteristics. Testing will be performed under the direction of a geotechnical engineer
and will include visual classification, moisture content, dry density, grain size analyses,
Atterberg limit, and strength tests (unconfined compression), as appropriate.
e. Engineering Analysis and Report
The results of our field and laboratory programs will be evaluated by a professional
geotechnical engineer licensed in the State of Texas. Based on the results of our evaluation,
an engineering report will be prepared that details the results of the testing performed,
provides logs of the borings, and a diagram of the site/boring layout. The report will
include the following:
1. Computerized boring logs with subsurface stratigraphy based on visual
classification.
2. Summarized laboratory data.
3. Groundwater levels, if observed, during and at completion of drilling.
4. Boring location plan.
5. Subsurface exploration procedures.
6. Encountered subsurface conditions.
7. Observed pavement distress areas.
8. Potential correlations between pavement distress and on-site utilities.
9. Pavement thickness guidelines for replacement pavement sections.
10. Pavement rehabilitation options for varying distress conditions observed.
11. Recommended subsurface drainage remedial options, if appropriate.
12. Options for overall overlay of roadway segments.
f Project Meetings
In addition to the engineering report, our scope of services includes time for a senior level
geotechnical engineer to attend two project meetings with the City of Round Rock to
discuss the project.
Task: Preliminary Design
The Engineer shall perform an initial roadway improvement investigation to determine the limits
of reconstruction and rehabilitation, adequate solutions to fix pavement and utility trench failures
and control subsurface moisture:
a.
Roadway Studies
The Engineer will perform field investigations to identify the areas likely requiring full
reconstruction, pavement rehabilitation, and areas requiring a minor overlay or no repair.
8
Additionally, the Engineer will identify those specific driveways and areas of sidewalk
along the project requiring reconstruction due to settlement or failures.
The Engineer will recreate in CAD the horizontal chains, profiles, and pavement edges
from the record drawings. Using the collected field survey data, the Engineer will compare
the surveyed curbline profiles to the CAD information recreated from the as-built plans.
From this comparison, the Engineer will determine any profile discrepancies between the
survey field conditions and those recorded in the record drawings. These discrepancies
will be compared to the findings of the field investigation, and the limits of proposed
reconstruction, pavement rehab, and minor repair will be revised as necessary.
b. Utility/Drainage Investigations
The City will record an internal video of the existing storm sewer system and wastewater
system (if possible) throughout the project limits, sending a motorized camera through the
trunklines, inlets, and laterals. Additionally, the Engineer will field survey elevations of
storm sewer and wastewater manhole covers and flowlines outside the limits of the
roadbed. The Engineer will analyze the video and field survey information, comparing the
data to record drawings, and will attempt to determine the extent of any damage to these
City utilities as settlement may have caused the failure of pipe joints, pipe cracking at
manholes and inlets, or inverted grades. Where this has occurred, water leaks or ponding
in these systems may undermine any proposed reconstruction or rehabilitation work to the
pavement, and utilities may require replacement.
The Engineer will analyze additional pavement borings drilled within the limits of utility
trenches throughout the project. The Engineer will determine the quality of the fill material
in the existing utility trenches, and the possible extent of continued settlement and
compaction. The Engineer will develop a detail to fix existing and future utility trench
failures. Possibilities may include replacement of existing fill material, recompaction,
and/or geogrid reinforcement.
Utilizing this data, the Engineer will determine limits of utility trench rehabilitation and
possible utility replacement. The extent of utility work is unknown and may greatly impact
the budget of the proposed project. The Engineer will hold a Utility Coordination meeting
with the City to present the utility recommendations, their impacts to the project budget,
and determine a preferred course of action to best utilize the construction funds.
c. Moisture Investigations
The Engineer will perform field investigations to locate those areas along the project where
moisture is evident on the existing pavement. In several locations throughout the project,
moisture ponds on the roadway from offsite runoff over curbs or infiltration from beneath
the pavement at curb/asphalt joints or median noses. The Engineer will also study the
moisture content of previous and proposed pavement borings to determine the possible
extents of subsurface moisture.
It will likely not be possible to locate the source of all moisture problems, or the location of
all utility leaks underneath the pavement structure. However, the Engineer will develop
details for pavement underdrains and moisture barriers to place under and adjacent to the
roadway and in vegetated medians to slow any infiltration and help drain moisture away
from the pavement structure. The Engineer will determine appropriate locations to place
proposed pavement underdrains and moisture barriers.
9
d. Schematic of Proposed Improvements
The Engineer will prepare a plan schematic exhibit detailing the limits and extents of the
proposed project improvements. The exhibit will include the limits of proposed pavement
reconstruction, pavement rehabilitation, curb replacement, driveway reconstructions,
drainage/utility reconstruction, proposed pavement underdrains, and utility trench
rehabilitation/compaction. Additionally, the Engineer will prepare preliminary details of
the proposed adjustments to utility trenches, proposed pavement underdrains, water
barriers, and pavement rehabilitation options.
e. Preliminary Cost Estimate
The Engineer will prepare a preliminary cost estimate itemizing and summing the
construction cost of all possible proposed improvements. The Engineer will coordinate
with the City to present and analyze the cost/benefit of each proposed improvements to
remain within the approved project construction budget. With City consensus, the
Engineer will determine the extent of improvements that may be constructed within the
available budget, and will prepare a preliminary estimate of the construction cost of the
final design.
Final Design
Task: Roadway Design
a. Basic Plan Sheets
The Engineer will:
1. Prepare the PS&E Title Sheet.
2. Complete the detailed Index of Sheets that identifies each sheet location in the
plan set, as well as its corresponding sheet number. The Engineer will update the
Index of Sheets throughout the submittal process to allow for easier reference
during the review process.
3. Prepare Benchmark Layout Sheets that clearly indicate the benchmark locations
and associated control information. These sheets will later be sealed by a RPLS
for submittal.
b. Roadway Design
The Engineer will:
1. Develop a Proposed Typical Sections Sheet depicting the proposed rehab
pavement sections on Hester's Crossing and La Frontera. The typical sections
shall depict the appropriate pavement structure as identified for the severity of the
rehab work as recommended by the geotechnical investigations.
2. Complete an Existing Typical Sections Sheet depicting the existing conditions of
the project roadways, according to information provided by the City of Round
Rock.
3. Complete Roadway Plan and Profile sheets in areas of major roadway
reconstruction or curb replacement depicting the proposed construction.
10
Drawings will be prepared at a scale of 1 "=40' H and 1 "=4' V. Plan and profile
sheets will not be created for areas of overlay/resurfacing.
4. The Engineer shall prepare a pavement marking detail sheet. The Engineer shall
detail typical permanent and temporary pavement markings and channelization
devices on a typical section. Pavement markings shall be selected from the latest
TMUTCD standards.
S. Prepare Intersection Detail sheet showing spot elevations and contours at the
intersections of Hester's Crossing and La Frontera, La Frontera and Sundance
Parkway, and Kouri and Sundance Parkway.
6. Prepare a Curve Data Sheet depicting the horizontal geometric information for the
edges of pavement and/or face of curb to be included in the construction plan set.
7. Prepare Removal Plan Sheets at a 1 "=100' scale. Removal sheets shall clearly
indicate pavement and other pertinent items to be removed.
8. Develop Sidewalk rehab sheets depicting the limits of proposed sidewalk
reconstruction.
9. The Engineer shall develop plan sheets displaying temporary erosion control
measures to be placed along the project during construction at a 1"=100' scale for
coordination with TCEQ.
c. Grading and Details
The Engineer will:
1. Prepare a Driveway Detail sheet to detail the driveways to be reconstructed along
the project corridor. These reconstructed driveways will be defined in a tabular
format.
2. Develop Miscellaneous Roadway Detail sheets for the project including pavement
underdrains, moisture barriers, utility trench rehabilitation details, etc. The sheets
will depict details required that are not defined in City of Round Rock,
Williamson County, or TxDOT standard detail sheets.
Task: Miscellaneous
a. Quantities
The Engineer will tabulate quantities for the following: Earthwork, Roadway, Removals,
Pavement markings, and Drainage/Utility related items.
b. Standards, Specifications, and Estimate
The Engineer will:
1. The Engineer will revise and seal any TxDOT, County, or City Standard that requires
modification. All other standards will have their title blocks filled out with the
applicable project data and printed for inclusion in the final plan set.
2. The Engineer shall provide (signed and sealed) any necessary details required to
supplement standard details.
11
3. Prepare a tabulation of applicable Specifications, Special Specifications and Special
Provisions for submission with the final PS&E package.
4. Review General Notes provided by the City of Round Rock for applicability to the
project. The Engineer will mark-up a set and return it to the City for their inclusion in
the final plan set.
5. Prepare a Construction Cost Estimate at the 60%, 95%, and Final PS&E submittal,
and supply a copy to the City of Round Rock in Microsoft Excel format.
c. Deliverables
The Engineer will submit three (3) 11" X 17" paper copies at the 60%, and 95%
submittal. Final PS&E submittal shall include three (3) 11" X 17" paper copies in
addition to the signed, sealed and dated 11" x 17" Final Mylars including all supporting
documentation and paperwork. The Engineer will submit all design electronic files as
well as.a PDF file of the final PS&E package.
Task: General Project Management
a. General Management
The Engineer shall establish and maintain project schedules and budgets, develop monthly
progress reports, prepare invoices and meet with the City and other entities on an as needed
basis for the duration of the project design.
b. Subconsultant Supervision
The Engineer shall establish a schedule for the engineering services to be performed by the
subconsultants at the beginning of the project. The Engineer shall be responsible for the
coordination, supervision, review and incorporation of the subconsultants' work.
c. Project Coordination Meetings
General project coordination shall consist of about four meetings.
d. Utility Coordination
The Engineer shall coordinate with local utility providers with known facilities in the
project area.
e. Quality Assurance/Quality Control
The Engineer shall review all work to assure that the work is in accordance with City
requirements and that the work is completed in a timely and efficient manner.
Construction Engineering & Inspection
Task: Construction Engineering
a. Bid Phase Services
The Engineer will prepare the Construction Project Manual and will attend a Pre -Bid
Conference and Pre -Construction Meeting.
b. Construction and Material Submittals
The Engineer shall review all construction and material submittals for the project.
12
c. Weekly Construction Meetings
The Engineer shall attend weekly construction meetings for the duration of project
construction.
d. Record Drawings
The Engineer shall produce record drawings based solely on information, measurements,
and mark-ups provided by the contractor and deliver to City of Round Rock Staff.
13
EXHIBIT C
Work Schedule
Attached Behind This Page
1
Task Milestone ♦ Rolled Up Task Rolled Up Progress External Tasks ME Group By Summary
Progross MM. Summary ^ Rolled Up Milestone 0 Split Project Summary WM. Deadline
UA I A LULL.CI. I IUN
SUBSURFACE UTILITY ENGINEERING
SOIL BORING
FIELD SURVEY
GEOTECHNICAL STUDY
PRELIMINARY DESIGN SCHEMATIC
Project Hester's
& La Frontera
2
EXHIBIT D
Fee Schedule
Attached Behind This Page
EXHIBIT D
FEE SCHEDULE
FOR
KENNEDY CONSULTING, LTD.
HESTER'S CROSSING & LA FRONTERA BLVD.
For services describe in the Scope of Services, we request the compensation as detailed
below. Cost breakdowns for engineering services and explanation of expenses are shown on
the following pages.
LUMP SUM AMOUNT
$242,831.00
Page 1 of 3
EXHIBIT D
Fee Schedule Summary
Kennedy Consulting, Ltd.
Hester's Crossing & La Frontera Blvd.
Cost l Task
Totals
0
O
a
0
,-
Vi
0
M
z;
0o
4
�-
fA
co
(pp
tf�
o
0
0
0
EA
0
N
N
6Fi
o
CO
-47
EA
$166,845.00
ire)
C~O
N
EA
0
O
M
2
o
03
00
a
g
c00^
fR
o
0""I-
.
o
CV
EA
c
0
N
EA
$242,831.00 I
Description of Work or Task
•
Kennedy Consulting, Ltd.
C
O
viS
o
U
as
G
31
v3
Eo
F
Task: Field Surveying
Task: Environmental Investigations
N
o)
lo
co
C
s
d
0
.Y
CO
co
1-
Task: Preliminary Design
Task: Roadway Design
Task: Miscellaneous
Task: General Project Management
Task: Construction Engineering
KCI FEE SCHEDULE SUMMARY
Surveying and Mapping, Inc. (SAM)
Task: Field Survey
Task: Subsurface Utility Engineering
SAM FEE SCHEDULE SUMMARY
Terracon
Task: Geotechnical Services
TERRACON FEE SCHEDULE SUMMARY
CoxINlcLain Environmental Consulting, Inc. (CMC)
Task: Environmental Tech Memo
CMC FEE SCHEDULE SUMMARY
TOTAL FEE
M
O
N
Q)
a)
c4
Ci-
EXHIBIT D
FEE SCHEDULE
PRIME OR SUBPROVIDER NAME: Kennedy Consulting, Ltd.
Page 3 of 3
DIRECT LABOR
Labor/Staff Classification
Estimated
Hourly Base Rate
Estimated
Contract Rate
Project Manager
$
70.25
$
210.00
Senior Professional
$
56.85
$
170.00
Professional 11
$
46.82
$
140.00
Professional 1
$
36.80
$
110.00
Admin / Clerical
$
23.40
$
70.00
FAR Overhead Rate:
Negotiated Profit Rate:
166.96%
12%
Estimated Contract Rates include labor, overhead, and profit.
Page 3 of 3
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
RDe. CERTIFICATE OF LIABILITY INSURANCE
DATE
2/24
2/24/2011
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
McLaughlin Brunson Insurance Agency, LLP
6600 LTV Freeway
Suite 220
Dallas TX 75240
CONTANAME; Patrick P McLaughlin
PHONEFAX
A1C. No. Ext): (214) 503-1212 J jAJC,No): (214) 503-8899
.MAIL
PROODUCER
CUSTOMER IO 1: 21014
INSURERS) AFFORDING COVERAGE
NAM!!
INSURED
Kennedy Consulting, Ltd.
Kennedy Consulting, Inc.
205 E. University Ave.
Suite 450
Georgetown TX 78626
(972) 542-1754
INSURERA:Travelere Indemnity Company
LIABILITY
X 1 OCCUR
25658
11000
INSURERB:Sentinel Insurance Co. Ltd
INSURER C :Catlin Insurance Company, Inc.
19518
INSURER D:
EACH OCCURRENCE
INSURERE:
RENTED
DAMAGE ESSES (Ea
Ea occurrnence)
INSURER F :
COVERAGES
CERTIFICATE NUMBER: Cert ID 9460
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY
EXCLUSIONS AND CONDITIONS OF SUCH
OF INSURANCE
PERTAIN,
POLICIES.
X0(11
INSR
SOB
WVD
LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFF
IMMIDDNYTY)
POUCY EXPYY1
1MM10DMYY
LIMITS
B
GENERAL
X
LIABILITY
COMMERCIAL GENERAL
LIABILITY
X 1 OCCUR
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
EACH OCCURRENCE
$ 1,000,000
RENTED
DAMAGE ESSES (Ea
Ea occurrnence)
S 1,000,000
CLAIMS -MADE 1
MED EXP (Any one person)
S 10, 000
PERSONAL&ADV INJURY
5 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GENL
AGGREGATE LIMIT APPLIES PER:
POLICY I X l JEa f LOC
PRODUCTS -cOMP1OP AGO
$ 2,000,000
—I
5
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -VANED AUTOS
No Owned Autoe.
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
COMBINED SINGLE LIMIT
(Ea accident)
S 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
S
X
X
X
S
S
B
UMBRELLA UAB
EXCESS LIAB
X
OCcuR
CLAIMS -MADE
Y
Y
46SBAIP5137
2/11/2011
2/11/2012
EACH OCCURRENCE
S 6,000,000
AGGREGATE
S 6,000,000
-
X
DEDUCTIBLE
RETENTION $ 10,000
S
S
A
WORKERS COMPENSATIONVAC
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory In NW
1!vqes describe der
DESCRIPTION un
RIPTION OF OPERATIONS below
NIA
Y
UB5536Y649
2/11/2011
2/11/2012
STATU- OTH-
X TORY LIMITS ER
£.L. EACH ACCIDENT
5 500,000
E.LDISEASE -EAEMPLOYEE
$ 500,000
E.L. DISEASE -POLICY UMIT
$ 500,000
C
Professional Liab.
N
Y
ASD -99195-02112
2/11/2011
2/11/2012
$3,000,000 Per Cla-'m/
Annual Aggregate
DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. 30 Days Notice of Cancellation
in favor of the certificate holder.
CERTIFICATE HOLDER
CANCELLATION
City of Round Rock
221 E. Main St.
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
PSP'
ACORD 25 (2009/09)
m 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 1 of 1