R-12-07-12-F5 - 7/12/2012 f
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RESOLUTION NO. R-12-07-12-F5
WHEREAS, the City of Round Rock desires to retain professional consulting services for
construction materials testing and observation services for the Chisholm Trail
Reconstruction/Chisholm Parkway Extension Project, and
WHEREAS, Raba Kistner Consultants, Inc., ("Raba") has submitted an Agreement for
Consulting Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement with Raba,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Consulting Services for Construction Materials Testing and Observation Services for
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the Chisholm Trail Reconstruction/Chisholm Parkway Extension Project with Raba Kistner
Consultants, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all
purposes. 7
The City Council hereby finds and declares that written notice of the date, hour, place and
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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
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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 12th day of July, 2012.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0\wdox\SCC1nts\0112\1204\MIINICIPAL\00253341.DOC/rmc
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EXHIBIT 4
„A» A:
Agreement for Consulting Services for
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Construction Materials Testing and Observation Service
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Chisholm Trail Reconstruction/Chisholm Parkway Extension Project
with Raba Kistner Consultants, Inc.
AGREEMENT made as of the L� day of the month of in the year Two
Thousand Twelve.
(]it words,indicate day,month and year.)
BETWEEN the City of Round Rock,Texas identified herein as"City":
(Atanne,address and other h formation.)
City of Round Rock
221 East Main Street
Round Rock,Williamson and Travis Counties,Texas 78664
and Consultant, identified herein as"Consultant"or"Raba Kistner":
(Mame,address and other tntformation.)
Raba Kistner Consultants, Inc.
8100 Cameron Road,Suite B-150
Austin,Texas 78754
For the following Project:
(Inchide detailed description of Project.)
Consulting services for the Chisholm Trail Reconstruction/Chisholm Parkway Extension Project involving reconstruction of
Chisholm Trail Road to a five-lane urban section, and the extension of Chisholm Parkway from its current terminus to
Chisholm Trail Road, such consulting services to encompass providing construction materials testing and observation
services including(by way of illustration and not limitation)the following: soils testing, concrete testing, asphalt testing and
observation; laboratory testing, in place field nuclear density testing, and proofiolling observation; reinforcing steel
observation; concrete compressive strength specimen sampling, testing and reporting; and project administration. All such
services shall be on site of said project located in Round Rock,Texas.
City and Consultant agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Mote the disposition for lire follou-Ing!tents by inserting lite requested information or a statement such as "not applicable," "mnknown of rime of
execution"or"lobe determined later by nnntual agreemetn.)
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Ideniho or describe,if oppropriate,proposed use or goals.)
Objectives include, but are not limited to, obtaining consulting services from Raba Kistner including providing
construction materials testing and observation services on site of the Chisholm Trail Reconstruction/Chisholm Parkway
Extension Project for the City of Round Rock.
1.1.2.2 The physical parameters are:
(Identify or describe,{/'appropriate,size,location,dimensions,or otter pertinent h formation,such as geotechnical reports about the site.)
1.1.2.3 City's Program is:
(Identify documentation or slate the!Hamner/it which the program will be developed.)
1.1.2.4 The legal parameters are:
(Identify pertinent legal it fornnallon,including,ifappropriate,land surveys and legal descriptions and restrictions of the site.)
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1.1.2.5 The financial parameters are as follows:
The estimated fee for the projected cost for Raba Kistner's consulting services shall be $51,060.90, comprised of the
following services:
See Exhibit"A"attached hereto and incorporated herein for all appropriate purposes,the said
Exhibit"A"containing"Fee Schedule"attachment.
$ City will require the services of Raba Kistner on an on-call basis as schedule([ by City's representatives. Raba
Kistner requests twenty-four(24)hour notifications to properly schedule work.
$ A vehicle travel charge will be assessed for round-trip travel from Raba Kistner's offices to the project site,material
supplier, etc. and then back to Raba Kistner's offices. The charges shall be fixed at $30.00 per round trip per
vehicle.
$ Any engineering and/or technical services provided on Saturdays, Sundays, holidays, and all work in excess of f
"normal"work hours,as herein defined, will be charged at an overtime rate of 1.3 times the appropriate hourly rate.
The parties evidence their understanding that the projected cost of consulting services($51,060.90) is based on the
assumption that most services will be provided during"normal"work(tours,and that providing an excessive amount
of services during days and/or howl requiring overtime rates may increase the total cost of services indicated herein.
On-site cancellation outside of"normal"work hours will result in a four(4)-hour minimum labor charge.
$ "Normal"work howl are defined as between 8:00 am and 5:00 pin,including travel time to and from the site unless
stated otherwise, Monday through Friday. A minimum of three (3) hours technician time will be assessed per
requested site visit. Overtime charges will be assessed after eight (8) continuous hours of service rendered during
"normal"work hours.
$ Invoices shall be submitted monthly for work done in standard format acceptable to City. Invoices are due and
payable upon receipt,in accordance with Section 1.3.8.1 and Section 1.5.3 of this Agreement. The parties evidence
their understanding that this Agreement is performable in Williamson County,Texas. In the event that the State of
Texas legislates a sales tax on professional services, the amount of tax applicable will be added to the appropriate
service rate charged by Consultant.
1.1.2.6 The time parameters are:
(!death;if appropriate,milestone dates,durations or fast track schediding.)
Twenty-four (24) months from Consultant's receipt of City's written Notice to Proceed, with no prohibition against
renewal by mutual agreement.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify methodsuch as competitive bid,negotiated contract,or construction management)
Consulting services herein are engaged by this negotiated Agreement.
1.1.2.8 Other parameters are:
(Identj&special characteristics or needs of the Project such as energy;environmental or historic presenmtlon requirements)
1.1.3 PROJECT TEAM
1.1.3.1 City's Designated Representative is:
(List name,address and other information.)
Bill Stablein
Transportation Department,Project Manager
2008 Enterprise Boulevard
Round Rock,Texas 78664
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1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review Consultant's
submittals to City are:
(List name,address and other htfbrmatio n.)
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Steve Norwood
City Manager
221 East Main Street
Round Rock,Texas 78664
1.1.3.3 City's other consultants and contractors are:
(List discipline and,if kno+rn,ldenlh,!hent by na to and address)
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Unknown at this time.
1.1.3.4 Consultant's Designated Representatives are:
(List name,address and otter hlfornnation)
Gabriel Ornelas,Jr.,P.E.,PMP
& ervisor V i c2 R a I b.EC�-
8 100
8100 Cameron Road,Suite B-150
Austin,Texas 78754
1.1.3.5 The consultants retained at Consultant's expense are:
(List discipline and,tjknoirn,identify trete by rade and address)
1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement trust be duly authorized by City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 City and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2.2 OWNER'S RESPONSIBILITIES
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1.2.2.1 Unless otherwise provided under this Agreement, City shall provide full information in a timely manner
regarding requirements for and limitations on the Project. City shall fi►rnish to Consultant, within fifteen(15)days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce
rights.
1.2,2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work,City's other costs,and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with
respect to (lie Project. City or City's Designated Representative shall render decisions in a timely manner pertaining to
documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of
Consultant's services.
1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests,
inspections and reports required by law.
1.2.2.5 City shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2.6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project,including any errors,omissions or inconsistencies.
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1.2.3 CONSULTANT'S RESPONSIBILITIES
1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein,in attached and accompanying documents, in exhibits, in supplemental documents,and in related documents.
1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and
the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of
services which initially shall be consistent with the time periods established in this Agreement and which may be
adjusted, if necessary and approved City, as the Project proceeds.This schedule shall include allowances for periods of
time required for City's review,and for approval of submissions by authorities having jurisdiction over the Project.Time
limits established by this schedule approved by City shall not,except for reasonable cause,be exceeded by Consultant or
City.
1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized
to act with respect to the Project.
1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by City,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent
Consultant from establishing a claim or defense in an adjudicatory proceeding.
1.2.3.5 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably.appear to compromise Consultant's professional judgment 4
with respect to this Project.
1.2.3.6 Consultant shall review laws,codes,and regulations applicable to his services.Consultant shall respond in the
Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed, the estimated cost to
City of all elements of the Project designed or specified by Consultant.
1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by
Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this
Agreement,completed or partially completed,shall be the property of City to be used as City desires,without restriction
on future use; by execution of'this Agreement and in confirmation of the fee for services to be paid under this
Agreement,Consultant hereby conveys,transfers and assigns to City all rights wider 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 Agreement. Copies may be retained
by Consultant.
1.3.2.2 Upon execution of this Agreement,Consultant grants to City permission to reproduce Consultant's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all
obligations, including prompt payment of all suns when due, under this Agreement. If and upon the date Consultant is
adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce
and,where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing,using and maintaining the Project.
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1.3.2.3 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Ally
unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant.
1.3.3 CHANGE IN SERVICES
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1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto
that any alteration in schedule,compensation and Change in Services shall be effected only by Supplemental Agreement
hereto. Any such Supplemental Agreement to this contract must be duly authorized by City Council or City Manager
action.
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1.3.4 ARBITRATION
1.3.4.1 City and Consultant hereby expressly agree that no claims or disputes between City and Consultant arising out
of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the I-ederal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration
statute, except that in the event that City is subject to an arbitration proceeding related to the Project, Consultant
consents to be joined in the arbit•alion proceeding if Consultant's presence is required or requested by City for complete
relief to be accorded in the arbitration proceeding.
1.3.5 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.5.1 Consultant and City waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement.This mutual waiver is applicable, without limitation, to all consequential damages due
to either party's termination in accordance with Section 1.3.7.
1.3.6 MISCELLANEOUS PROVISIONS
1.3.6.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,
Texas.
1.3.6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not Inlet-than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.In no event shall such statutes of
limitations continence to run any later Than the date when Consultant's services are substantially completed.
1.3.6.3 To the extent damages are covered by property insurance during construction, City and Consultant waive all
rights against each other and against the contractors,consultants, agents and employees of the other for damages, except
such rights as they may have to the proceeds of insurance as delineated between City and Contractor.
1.3.6.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of
a third party against either City or Consultant.
1.3.6.5 If City requests Consultant to execute certificates,the proposed language of such certificates shall be submitted
to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
1.3.6.6 City and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the
other party to this Agreement and to the successors,assigns and legal representatives of such other party with respect to
all covenants of this Agreement.Neither City nor Consultant shall assign this Agreement without the written consent of
the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In
such event, the lender shall assume City's rights and obligations under this Agreement. Consultant shall execute all
consents reasonably required to facilitate such assignment.
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1.3.6.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of
Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus }
and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal
services contracted for herein. s
1.3.6.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal 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.
1.3.6.9 Consultant covenants and represents that it 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 Project.
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1.3.6.10 Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete fi
the services for each portion of this Agreement within the agreed schedule will constitute a material breach of this
Agreement.
1.3.6.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any
obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control.
However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts
undertaken to mitigate its effects.
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1.3.7 TERMINATION OR SUSPENSION
1.3.7.1 if City fails to make payments to Consultant in substantial compliance with this Agreement,such failure may
be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.
If Consultant elects to suspend services, prior to suspension of services, Consultant shall give thirty(30)days' written
notice to City. In the event of a suspension of services, Consultant shall have no liability to City for delay or damage
caused City because of such suspension of services. Before resuming services, Consultant shall be paid all non-
disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be i
equitably adjusted.
1.3.7.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
City may cancel or indefinitely suspend further work hereunder or terminale this Agreement either for cause or for(l►e
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convenience of City, upon thirty(30)days' written notice to Consultant, with (lie understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice
City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project sliall become the
property of City upon termination of this Agreement,and shall be promptly delivered to City in a reasonably organized
form without restriction on future use. Should City subsequently contract with another person for continuation of
services on the Project,Consultant shall cooperate in providing information.
1.3.7.3 Nothing contained in Section 1.3.7.2 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City
shall not be required to make any payments to Consultant when Consultant is in default under this Agreement,nor shall i
this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default,
including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.8 PAYMENTS TO CONSULTANT
1.3.8.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made Fiom Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes ill the Work, other than those for which Consultant has
been adjudged to be liable.
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ARTICLE 1.4 SCOPE OF SERVICES AND OTUIER SPECIAL TERMS AND CONDI'T'IONS
1.4,1 Enumeration of Parts of the Agreement. This Agreement represents (lie entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both City and Consultant.
1.4.1.1 Other documents as follows:
(List other doc umews,if any,forming part o/the Agreement)
Exhibit"A"entitled"Fee Schedule."
1.4.2 Special Ternns and Conditions.Special terms and conditions that modify this Agreement are as follows:
ARTICLE 1.5 COMPENSA'T'ION
1.5.1 For Consultant's services as described herein,compensation shall be computed as follows:
hn accordance with Section 1.1.2.5 herein.
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1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. 3
Such adjustment shall be calculated in an equitable manner.
(Insert basis ojcompensation, lnchuding rales and multiples gjDirect Personnel r lmnse for Principals and ernplorees, and idemity Principals and
classify enrploree s, i f required.Identify specific services to which particular methods of compensation appy)
1.5.3 Payments are duc and payable thirty (30) days from the date of Consultant's invoice, or not later than the tune
period required under the Texas Prompt Payment Act, whichever is later. Non-disputed amounts unpaid sixty(60)days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing
from time to time at the principal place of business of Consultant.
(Insert nae of interest agreed upon)
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(Ustop lanes and requirements nm/er/lie federal Grath in/.ending Act, similar state and local consumer credit lairs and other regulations(it the
burners and Architect's principal places of business,the location of the Project and elsewhere may itQecl the validUv of lbLs provision.Specific legal
advice should be obtained with respect to deletions or modifications,and also regarding requirements srtch as written disclosures or n•atvers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and hold City, its officers,agents
and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Consultant's breach of any of the terms or provisions of this
Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that the
indemnity provided for in this section sliall not apply to any liability resulting fi•oni the sole negligence of City, its `
officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both
Consultant and Cite, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas, without, however, waiving any governmental ini munity available to City under Texas law
and without waiving any defenses of the parties under Texas law.The provisions of this section are solely for the benefit
of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity.
ARTICLE. 1.7 INSURANCE
1.7.1 Insurance. Consultant,at his sole cost,shall purchase and maintain during the term and entire duration of this
Agreement minimum insurance coverages in the types and amounts as follow:
A.. Comprehensive General Liability Insurance with minimum Bodily Injury limits of$300,000 for each occurrence
including like coverage for acts and omissions of subcontractors and contractual liability coverage;
B. Property Damage Insurance with minimum limits of$50,000 for each occurrence including like coverage for acts
and omissions of subcontractors and contractual liability coverage.
C. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury
of$100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of$50,000 for
each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same
minimum limits.
1.7.2 Insurance Requirements.
(1) All insurance shall be obtained by Consultant fi-ont a company authorized to do insurance business in
Texas and otherwise acceptable to City. f
(2) Consultant shall not commence work at any site under this Agreement until he has obtained all required
insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to
commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall
not relieve or decrease the liability of Consultant hereunder.
1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by
endorsement to the policy:
(1) Each policy shall require that thirty(30) days prior to the expiration, cancellation, non-renewal or any
material change in coverage,a notice thereof shall be given to City by certified mail to:
Steve Norwood
City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Consultant shall also notify City,within 24 hours of receipt,of any notices of expiration,cancellation,
non-renewal,or material change in coverage it receives fi-om its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums
or assessments for any deductibles which all are at the sole responsibility and risk of Consultant.
(3) The terms "City" or "City of Round Rock" shall include all authorities, Boards, Commissions,
Departments,and officers of City and the individual members, employees and agents thereof in their official capacities,
and/or while acting on behalf of the City of Round Rock.
(4) 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.
1.7.3 Cost of Insurance.The cost of insurance required herein to be secured and maintained by Consultant shall be
borne solely by Consultant,with certificates of insurance evidencing such coverage in force to be filed with City.
IN WITNESS WHEREOF,tate City of Rou»d Rock has caused this Agreement to be signed in its corporate name
by its Mayor or City Manager, duly authorized to execute the same in its behalf, and by the duly authorized
representative of Raba KisUter Consultants, Inc., with both parties binding themselves, their successors and assigns and
legal representatives for the faithful and full performance of the terms and provisions of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
OWNER: CONSULTANT:
CITY OF ROUND ROCK,TEXAS RABA KISTNER CONSULTANTS,INC.
a Texas corporation
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By: D�.
Printed Name: Printed Name: o r i e. Q c¢ r-
'title: Title: �/.kC2 eS��cAk—
Dale Signed: Date Signed: Z(e12 o l Z
FOR CITY,ATTEST:
Sara L.White,City Clerk
FOR CITY,APPROVED AS TO FORAM:
Stephan L.Sheets,City Attorney
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Fee Schedule
Pri ect Name: Chisholm Tr. Reconstruction/Chisholm Pkwy. Extension
III
Total Total Other
IIS Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants TOTALS
Ta"I 1: Soils Testing 0 $24,620.00 $0.00 $0.00 $24,620.00
Ta i2: Concrete Testing 0 $5,248.00 $0.00 $0.00
$5,248.00
Ta 13:Asphalt Testing and Observation 0 $16,296.00 $0.00 $0.00 $16,296.00
Ta 114: Project Administration 0 $4,896.90 $0.00 $0.00 $4,896.90
G D TOTAL: 0 $51,060.90 $0.00 $0.00 $51,060.90
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'fROUNDROCK,TEW City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
Agenda Item No. F5.
Consider a resolution authorizing the Mayor to execute an Agreement for Consulting
Services for Construction Materials Testing and Observation Services with Raba Kistner
Agenda Caption: Consultants, Inc.
Meeting Date: July 12, 2012
Department: Transportation
Staff Person making presentation: Gary Hudder
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Transportation Director
Item Summary:
Chisholm Trail Road Reconstruction/Parkway Extension Project will reconstruct Chisholm Trail Road to a five-lane
urban roadway with curb and gutter section and Chisholm Parkway will be extended from its current termini to
Chisholm Trail Road. The City Council approved a construction contract with Cash Construction for$7,612,850.30.
The contract with Raba-Kistner Consultants, Inc. provides for the requested construction materials observation and
testing services for this project on an "as requested" basis for earthwork, concrete, and asphalt during construction
at a cost of$51,060.90.
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Cost: $51,060.90
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Source of Funds: 2002 GO Bonds
Date of Public Hearing(if required): N/A
Recommended Action: Approval
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Agreement for Consulting Services for
Construction Materials Testing and Observation Services for
Chisholm Trail Reconstruction/Chisholm Parkway Extension Project
with Raba Kistner Consultants, Inc.
AGREEMENT made as of the day of the month of in theear Two
Thousand Twelve.
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(Ln words,indicate da};mond;and yeah) f
BETWEEN the City of Round Rock,Texas identified herein as"City":
(Anne,address and other btformalion.)
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City of Round Rock
221 East Main Street
Round Rock,Williamson and Travis Counties,Texas 78664 r
and Consultant, identified herein as"Consultant"or"Raba Kistner":
(Alanre,address and odTer Information.)
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Raba Kistner Consultants, Inc. f
8100 Cameron Road,Suite 13-150 k
Austin,Texas 78754
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For the following Project:
(Include detailed description of Project)
Consulting services for the Chisholm Trail Reconstruction/Chisholm Parkway Extension Project involving reconstruction of
Chisholm Trail Road to a five-lane urban section, and the extension of Chisholm Parkway from its current terminus to
Chisholm Trail Road, such consulting services to encompass providing construction materials testing and observation
services including(by way of illustration and not limitation)the following: soils testing, concrete testing, asphalt testing and z'
observation; laboratory testing, in place field nuclear density testing, and proofrolling observation; reinforcing steel
observation; concrete compressive strength specimen sampling, testing and reporting; and project administration. All such l
services shall be on site of said project located in Round Rock,Texas.
City and Consultant agree as follows:
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ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
� ore the disposition for thefollowing Uems by inserting the requested information or a slalenrent such as "not applicable," "unknown at lirue of
erecullon"or"to be determined later by mutual agreement.'7
1.1.2 PROJECT PARAMETERS
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1.1.2.1 The objective or use is:
(Identh,or describe,!f appropriate,proposed use or goals)
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Objectives include, but are not limited to, obtaining consulting services from Raba Kistner including providing
construction materials testing and observation services on site of the Chisholm Trail Reconstruction/Chisholm Parkway
Extension Project for the City of Round Rock.
1.1.2.2 The physical parameters are:
(Iderrt.6,or describe,ifappropriale,size,location,dissensions,or other pertinent irtforutalion,such as geotechnical reports about the site)
1.1.2.3 City's Program is:
(Ident(fy documentation or stale the manner in which lire program will be developed.)
1.1.2.4 The legal parameters are:
(identify pertinent legal Information,including.(f appropriale,land surveys and legal descriptions and restrictions of the site.)
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1.1.2.5 The financial parameters are as follows:
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The estimated fee for the projected cost for Raba Kistner's consulting services shall be $51,060.90, comprised of the
following services:
See Exhibit"A"attached hereto and incorporated herein for all appropriate purposes,the said
Exhibit"A"containing"Fee Schedule"attachment.
$ City will require the services of Raba Kistner on an on-call basis as scheduled by City's representatives. Raba
Kistner requests twenty-four(24)hour notifications to properly schedule work.
$ A vehicle travel charge will be assessed for round-trip travel from Raba Kistner's offices to the project site,material {:
supplier, etc. and then back to Raba Kistner's offices. The charges shall be fixed at $30.00 per round trip per e
vehicle. i
$ Any engineering and/or technical services provided on Saturdays, Sundays, holidays, and all work in excess of y'
"normal"work hours,as herein defined, will be charged at an overtime rate of 1.3 times the appropriate hourly rate.
The parties evidence their understanding that the projected cost of consulting services ($51,060.90) is based on the
assumption that most services will be provided during"normal"work hoes,and that providing an excessive amount E
of services during days and/or howl requiring overtime rates may increase the total cost of services indicated herein, k
On-site cancellation outside of"uormal"work hours will result in a four(4)-hour minimum labor charge.
$ "Normal"work hours are defined as between 8:00 am and 5:00 pin, including travel time to and from the site unless
stated otherwise, Monday through Friday. A minimum of three (3) hours technician time will be assessed per
requested site visit. Overtime charges will be assessed after eight (8) continuous hours of service rendered during P
"normal"work hours. 4
$ hnvoices shall be submitted monthly for work done in standard format acceptable to City. Invoices are due and
payable upon receipt, in accordance with Section 1.3.8.1 and Section 1.5.3 of this Agreement. The parties evidence E
their understanding that this Agreement is performable in Williamson County, Texas. In the event that the State of
Texas legislates a sales tax on professional services, the amount of tax applicable will be added to the appropriate
service rate charged by Consultant.
1.1.2.6 The time parameters are:
(Identify,if appropriate,milestone dates,durattoms or fast tack scheduling.) e
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Twenty-four (24) months from Consultant's receipt of City's written Notice to Proceed, with no prohibition against
renewal by mutual agreement.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as compethh a bid,negotiated contract,or construction management.)
Consulting services herein are engaged by this negotiated Agreement.
1.1.2.8 Other parameters are: v
(Ident 6,special characteristics or needs of the Project such as energy,environmental or historic presenrnton requirements)
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1.1.3 PROJECT TEAM
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1.1.3.1 City's Designated Representative is:
(List name,address and other information)
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Bill Stablein
Transportation Department,Project Manager
2008 Enterprise Boulevard
Round Rock,Texas 78664
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1.1.3.2 The persons or entity, in addition to City's Designated Representative, who is required to review Consultant's
submittals to City are:
(List name,address and other information)
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Steve Norwood
City Manager
221 East Main Street s
Round Rock,Texas 78664
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1.1.3.3 City's other consultants and contractors are:
(List discipline and,if knownn,identh,thew by name and address)
Unknown at this time.
1.1.3.4 Consultant's Designated Representatives are:
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(List name,address and other Information) E
Gabriel Ornelas,Jr., P.E., PMP
1-VI« Re ri'
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8100 Cameron Road,Suite B-150
Austin,Texas 78754
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1,1.3.5 The consultants retained at Consultant's expense are: 1
(List discipline and, f known,identh,them by name and address)
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1.1.4 Other important initial information is:
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation and i
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to
this Agreement must be duly authorized by City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
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1.2.1 City and Consultant shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships.
1.2,2 OWNER'S RESPONSIBILITIES
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1.2.2.1 Unless otherwise provided under this Agreement, City shall provide frill information in a timely manner 3
regarding requirements for and limitations on the Project. City shall fiu•nish to Consultant, within fifteen(15)days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce g
rights.
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1.2,2.2 City shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work,City's other costs,and reasonable contingencies related to all costs.
1.2.2.3 City's Designated Representative identified in Section 1.1.3 shall be authorized to act on City's behalf with
respect to the Project. City or City's Designated Representative shall render decisions in a timely manner pertaining to
documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of
Consultant's services.
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1.2.2.4 Unless otherwise provided in this Agreement, and if requested in writing, City shall furnish or pay for tests,
inspections and reports required by law.
1.2.2.5 City shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet City's needs and interests.
1.2.2,6 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the x'
Project, including any errors,omissions or inconsistencies.
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1.2.3 CONSULTANT'S RESPONSIBILITIES
1.2.3.1 The services performed by Consultant shall be as enumerated in Article 1.4 and as enumerated elsewhere
herein, in attached and accompanying documents, in exhibits, in supplemental documents,and in related documents.
1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and
the orderly progress of the Project. Consultant shall submit for City's approval a schedule for the performance of
services which initially shall be consistent with the time periods established in this Agreement and which may be
adjusted, if necessary and approved City, as the Project proceeds. This schedule shall include allowances for periods of
time required for City's review, and for approval of submissions by authorities having jurisdiction over the Project.Time
limits established by this schedule approved by City shall not,except for reasonable cause,be exceeded by Consultant or i
city.
1.2.3.3 Consultant, through its Designated Representative identified in Section 1.1.3.4, shall be the person authorized
to act with respect to the Project.
1.2.3.1 Consultant shall maintain the confidentiality of information specifically designated as confidential by City,
unless withholding such information would violate the law, create the risk of significant harm to the public or prevent
Consultant fi•om establishing a claim or defense in an adjudicatory proceeding. F
1.2.3.5 Except with City's knowledge and consent, Consultant shall not engage in any activity, or accept any ;
employment, interest or contribution that would reasonably.appear to compromise Consultant's professional judgment
with respect to this Project. 1<
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1.2.3.6 Consultant shall review laws, codes,and regulations applicable to his services. Consultant shall respond in the 1`
Project to requirements imposed by governmental authorities having jurisdiction over the Project.
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1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by City. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK '
1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed, the estimated cost to
City of all elements of the Project designed or specified by Consultant.
1.3.1.2 The Cost of the Work shall be as delineated herein in Section 1.1.2.5.
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1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, reports, specifications and other documents, including those in electronic form, prepared by
Consultant are for use solely with respect to this Project. All Consultant's designs and work product under this
Agreement,completed or partially completed,shall be the property of City to be used as City desires, without restriction
on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement,Consultant 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 Agreement. Copies may be retained
by Consultant.
1.3.2.2 Upon execution of this Agreement,Consultant grants to City permission to reproduce Consultant's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that City shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. If and upon the date Consultant is F'
adjudged in default of this Agreement, City is permitted to authorize other similarly credentialed persons to reproduce F
and,where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing,using and maintaining the Project.
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1.3.2.3 City shall not assign, delegate, sublicense, pledge or otherwise transfer any Permission granted herein to
another party without the prior written agreement of Consultant. Submission or distribution of Instruments oi'Service to
meet official regulatory requiren►euts 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 Consultant.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Consultant may be accomplished after execution of this Agreement, without invalidating
the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto
that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement
hereto. Any such Supplemental Agreement to this contract must be duly authorized by City Council or City Manager
action.
1.3.4 ARBITRATION m
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1.3.4.1 City and Consultant liereby expressly agree that no claims or disputes between City and Consultant arising out
of or relating to this Agreement or a breach hereof shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-111) Or any applicable state arbitration
statute, except that in the event that City is subject to an arbitration proceeding related to the Project, Consultant
consents to be joined in the arbitration Proceeding if Consultant's presence is required or requested by City for complete
relief to be accorded in(lie arbitration proceeding.
1.3.5 CLAIMS FOR CONSEQUENTIAL DAMAGES
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1.3.5.1 Consultant and City waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due
to either party's termination in accordance with Section 1.3.7.
1.3.6 MISCELLANEOUS PROVISIONS
1.3.6.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,
Texas.
1.3.6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not later than either the(late of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or tl►e date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion. in no event shall such statutes of
limitations commence to run any later than the date when Consultant's services are substantially completed. '
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1.3.6.3 To the extent damages are covered by property insurance during const-uction, City and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except g
such rights as they may have to [lie proceeds of insurance as delineated between City and Contractor. 1
1.3.6.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action ill favor of
a third party against either City or Consultant.
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1.3.6.5 if City requests Consultant to execute certificates,the proposed language of such certificates shall be submitted
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to Consultant I'm review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be k
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
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1.3.6.6 City and Consultant, respectively, bind themselves, their successors, assigns and legal representatives to the i
other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. Neither City no►•Consultant shall assign this Agreement without the written consent of
the other, except that City may assign this Agreement to an institutional lender providing financing for the Project. In j
such event, the lender shall assume City's rights and obligations under this Agreement. Consultant sliall execute all
consents reasonably required to facilitate such assignment.
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1.3.6.7 Consultant shall comply with all applicable federal and state laws, the Charter and ordinances of the City of
Round Rock, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus
and agencies. Consultant shall further obtain all permits and licenses required in the performance of the personal
services contracted for herein.
1.3.6.8 Consultant will pay all taxes, if any, required by law arising by virtue of the personal 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.
1.3.6.9 Consultant covenants and represents that it 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 Project. a
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1.3.6.10 Consultant understands and agrees that lime is of the essence and that any failure of Consultant to complete F
the services for each portion of this Agreement within the agreed schedule will constitute a material breach cif this
Agreement.
1.3.6.11 Neither City nor Consultant shall be deemed in violation of this Agreement if prevented from performing any
obligations hereunder by reasons for which it or he are not responsible or circumstances beyond its or his control.
However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts
undertaken to mitigate its effects.
1.3.7 TERMINATION OR SUSPENSION
1.3.7.1 If City fails to make payments to Consultant in substantial compliance with this Agreement, such failure may
be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.
If Consultant elects to suspend services, prior to suspension of services, Consultant shall give thirty(30)days' written
notice to City. In the evenl of a suspension of services, Consultant shall have no liability to City for delay or damage ;
caused City because of such suspension of set-vices, Before resuming services, Consultant shall be paid all non-
disputed sums due prior to suspension. Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted.
1.3.7.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the
convenience of City, upon thirty(30)days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice `
City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the
properly of City upon termination of this Agreement,and shall be promptly delivered to City in a reasonably organized
form without restriction on future use. Should City subsequently contract with another person for continuation of
services on the Project,Consultant shall cooperate in providing information.
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1.3.7.3 Nothing contained in Section 1.3.7.2 shall require City to pay for any work which is unsatisfactory as
determined by City's representative or which is not submitted in compliance with the terms of this Agreement. City
shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall
this section constitute a waiver of any right, at law or at equity, which City may have if Consultant is in default,
including the right to bring legal action for damages or to force specific performance of this Agreement.
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1.3.8 PAYMENTS TO CONSULTANT
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1.3.8.1 Payments on account of services rendered shall be made monthly upon presentation of Consultant's invoices.
No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums
withheld from payments, or on account of the cost of Changes in the Work, other than those for which Consultant has
been adjudged to be liable.
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ARTICLE 1.4 SCOPE OF SERVICES AND OTH Ell SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement t
between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both City and Consultant.
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1.4.1.1 Other documents is follows:
(List otter documents, {f anry,.fcn•ming part of the Agreement)
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Exhibit"A"entitled"Fee Schedule." t
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1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows: t
ARTICLE 1.5 COMPENSATION
1.5.1 For Consultant's services as described herein,compensation shall be computed as follows:
In accordance with Section 1.1.2.5 herein. j
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1.5.2 If the services of Consultant are changed as described in Section 1.3.3.1, the compensation may be adjusted. 4
Such adjustment shall be calculated in an equitable manner.
(Insert/basis of compensation, inchiding rates mrd multiples giDirect Personnel Eyense,for Principals and emplgrees, and identify Principals and
classij),emplgvee s, of required ldengfy vec0c seiviees to which partictilar methods of compensation app1j)
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1.5.3 Payments are due and payable thirty (30) days from the (late of Consultant's invoice, or not later than the time
period required under the Texas Prompt Payment Act, whichever is later. Non-disputed amounts unpaid sixty(60)days
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after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing 1
from time to time at the principal place of business of Consultant.
(Insert/rale gf interest agreed upon)
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(Ustop/ars and requirements under the hederul"froth in Lending Act, similar stale and local consumer credit laws and other regulations cit the c
Owner's and Architevi's principal places of business,the location of the Project and elsewhere reap(&c•l the validil)•of this provision.Specific legal
advice sholcl be ublained with respect to deletions or mochfrcatious,and also regarding requirements such as written disclosures or waivers.)
ARTICLE 1.6 INDEMNIFICATION
1.6.1 Indemnification (Damage Claims). Consultant agrees to defend, indemnify and mold City, its officers, agents l
and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury
(including death), property damage or other harm for which recovery of damages is sought, suffered by any person or
persons, that may arise out of or be occasioned by Consultant's breach of any of the ternns or provisions of this
Agreement, or by any negligent act or omission of Consultant in the performance of this Agreement; except that tine
indemnity provided for in this section shall not apply to any liability resulting from (lie sole negligence of City, its
officers, agents, employees or separate contractus, and in the event of joint and concurrent negligence of both
Consultant and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law
and without waiving any defenses of the parties under'Texas law.'file provisions of this section are solely for the benefit 1.
of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity.
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ARTICLE; 1.7 INSURANCE
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1.7.1 Instirance. Consultant, at his sole cost, shall purchase and maintain during the term and entire duration of this
Agreement minimum insurance coverages in the types and announts as follow: t
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A.. Comprehensive General Liability Insurance with minimum Bodily injury limits of$300,000 for each occurrence
including like coverage for acts and omissions of subcontractors and contractual liability coverage;
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B. Property Damage Insurance with minimum limits of$50,000 for each occurrence including like coverage for acts
and omissions of subcontractors and contractual liability coverage.
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C. Automobile Liability Insurance for all owned,non-owned,and hired vehicles with minimum limits for Bodily Injury
of$100,000 for each person and $300,000 for each occurrence, and Property Damage minimum limits of$50,000 for
each occurrence. Consultant shall require subcontractors to provide Automobile Liability Insurance with the same
minimum limits.
1.7.2 Insurance Requirements.
(1) All insurance shall be obtained by Consultant from a company authorized to do insurance business in
Texas and otherwise acceptable to City. E
(2) Consultant shall not commence work at any site under this Agreement until he has obtained all required
insurance and until such insurance has been approved by City. Consultant shall not allow any subcontractors to
commence work until all insurance required has been obtained and approved. Approval of the insurance by City shall
not relieve or decrease the liability of Consultant hereunder.
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1.7.3 Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by
endorsement to the policy: l
(1) Each policy shall require that thirty(30) days prior to the expiration, cancellation, non-renewal or any
material change in coverage,a notice thereof shall be given to City by certified mail to:
Steve Norwood
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City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Consultant shall also notify City,within 24 hours of receipt,of any notices of expiration,cancellation,
non-renewal,or material change in coverage it receives fi•om its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums '
or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. 4
(3) The terns "City" or "City of Round Rock" shall include all authorities, Boards, Commissions,
Departments, and officers of City and the individual members, employees and agents thereof in their official capacities,
and/or while acting on behalf of the City of Round Rock.
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(4) The policy clause"Other Insurance" shall not apply to any insurance coverage currently held by City, to
any such fixture coverage,or to City's Self-Insured Retentions of whatever nature.
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1.7.3 Cost of Insurance. The cost of insurance required herein to be secured and maintained by Consultant shall be
borne solely by Consultant,with certificates of insurance evidencing such coverage in force to be filed with City.
IN WiTNESS WHEREOF,the City of Round Rock has caused this Agreement to be signed in its corporate name
by its Mayor or City Manager, duly authorized to execute the same in its behalf, and by the duly authorized
representative of Raba Kistner Consultants, inc., with both parties binding themselves, their successors and assigns and r,
legal representatives for the faithful and full performance of the terms and provisions of this Agreement.
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[SIGNATURES APPEAR ON FOLLOWING PAGE[
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OWNER: CONSULTANT:
CITY OF ROUND ROCK,TEXAS RABA KISTNER CONSULTANTS,INC.
a Texas corporation
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By: B i
Printed Narne:, Printed Name: r',e-
'Title: Title: \Lkce— tr
Date Signed: Date Signed: o
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FOR CITY,ATTEST:
Sara L.White,City Clerk
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FOR Y,APP OVED S TO FORM:
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Stephan ,. 'heets,City Attorney ?
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Fee Schedule
PrI osect Name: Chisholm Tr. Reconstruction/Chisholm Pkwy. Extension
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Total Total Other
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants TOTALS
Ta k 1: Soils Testing 0 $24,620.00 $0.00 $0.00 $24,620.00
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0 $5,248.00i2: Concrete Testin $0.00 $0.00
Ta 1'3:Asphalt Testing and Observation 0 $96,296.00 $0.00 $0.00 $5,248.00
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16,296.00
Ta k14: Project Administration 0 $4,896.90
$0.00 $0.00 $4,896.90
G D TOTAL: 0 $51,060.90 $0.00 $0.00 $51,060.90
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