R-00-04-27-12C2 - 4/27/2000Public Client
PROFESSIONAL SERVICE AGREEMENT ADDENDUM Addendum No 1
THIS ADDENDUM to the AGREEMENT, made and entered into by and between
Post, Buckley, Schuh & Jernigan, Inc. (PBS &J) and the Client identified herein, provides for the Additional Services described under Item 1
of this Agreement.
CLIENT: City of Round Rock
PROJECT NUMBER: 440451.00
SHORT TITLE OF MAIN CONTRACT:
Soccer Complex
SHORT TITLE OF ADDENDUM: Construction Phase Services
1. DESCRIPTION OF ADDITIONAL PROFESSIONAL SERVICES TO BE PROVIDED BY PBS &J
(If additional pages are necessary, they are identified as Attachment A):
See "Attachment A"
CLIENT:
SIGNED:
TYPED NAME:
TITLE: CA 7
DATE: L
POST, BUCKLEY
SIGNED:
TYPED NAME: Keit .ckson
TITLE: District Manager
DATE: _L _7 /3 Zoo/
Distribution: Copy 1 - PBSBJ; Copy 2 - Client; Copy 3 - PBS &J Accounting
Rev. 10/00
2. THE COMPENSATION TO BE PAID PBS &J for providing the requested services shall be
(If additional pages are necessary, they are identified as Attachment B):
❑ Direct personnel expense plus a surcharge of plus reimbursable costs.
❑ A Lump -Sum charge of $ , plus out -of- pocket expenses.
® Unit Cost/Time Charges identified in Attachment B, plus reimbursable costs.
❑ In accordance with the provisions for additional services compensation set forth in the aforementioned Agreement.
❑ Other - See Attachment B
IN WITNESS WHEREOF, this Addendum is accepted on the later date written below, subject to the terms and conditions above
stated, and the aforem -; tioned Agreement.
RNIGAN, INC.
PBE
An employee -awned company
June 15, 2001 ATTACHMENT 'A'
Sharon Prete
Director of Parks and Recreation
City of Round Rock
605 Palm Valley Boulevard
Round Rock, Texas 78664
RE: Soccer Complex
Construction Phase Services
Addendum No. 1
Ms. Prete:
PBS &J is pleased to submit this addendum to provide construction phase services for the
construction of Phase One of the Soccer Complex. The following is a description of the
Construction Phase Services that PBS &J will provide.
Contract Administration
PBS &J will provide Contract Administration Services for Phase One. Contract Administration
services include the preparation and issuance of the Notice to Proceed, attendance at the Pre -
Construction Conference with the County (if necessary), OWNER and CONTRACTOR, one (1) site
visit every two weeks during construction to review progress with OWNER and CONTRACTOR,
and verify monthly construction draw requests by the CONTRACTOR and assistance to the
OWNER in processing the monthly pay applications. At the completion of the PROJECT, PBS &J
will prepare and distribute a Certificate of Substantial Completion, an Engineer's Letter of
Concurrence, and Final Costs and Quantities. PBS &J will attend the final construction inspection
with the County (if necessary), OWNER and CONTRACTOR one time. PBS&J will attend the one
year warranty inspection with the County (if necessary), CONTRACTOR and the OWNER.
Construction Administration
PBS &J will provide Construction Administration services for the PROJECT. PBS&J will review
construction at the OWNER's or CONTRACTOR's request. PBS &J will attend meetings with
OWNER to discuss alternate construction methods or possible relocation of existing or proposed
improvements. PBS &J will attend meetings with County, OWNER, and/or CONTRACTOR to
clarify engineering related concerns. PBS&J will verify quantities and prepare and process contract
change orders as requested by OWNER or CONTRACTOR and authorized by OWNER.
PBS &J
206 Wild Basin Road, Suite 300 • Austin, Texas 78746 • Telephone: 512.327.6840 • Fax: 512.327.2453 • www.pbsj.com
At the completion of construction, Record Drawings are required by the City. PBS &J will request
As -Built records from the City Inspector and CONTRACTOR. PBS &J will incorporate these as-
built records into record drawings and distribute the record drawings to the entities requiring copies.
EXCLUSIONS
The following services are excluded from this addendum. These services may be provided by
PBS &J, or through a subcontractor, as an additional service.
1. Services for construction staking
2. Services for construction inspection
3. Services for materials testing
CLARIFICATIONS
1. All fees and fiscal arrangements will be paid by the OWNER.
2. All information, documentation, authorization, and fees will be provided by the OWNER in
a timely manner to PBS &J for the execution of these services.
3. Services that are not specified in this Scope of Services are subject to a written addendum
to this PROPOSAL. Additions, deletions and changes in the Scope of Proposed Services
shall be agreed upon in writing between the OWNER and PBS &J prior to performing
additional services.
4. OWNER agrees to pay Engineer for above described services in accordance with the
following description, terms, conditions in the Compensation Schedule (Attachment B) and
the Professional Services Agreement.
5. The OWNER will compensate PBS&J for all costs for reimbursable expenses including but
not limited to copies for submittals and mileage, in accordance with the contract.
COMPENSATION SCHEDULE
See "Attachment B"
Sincerely.
Jar
Frank H. Del Castillo, Jr.
Project Manager
Description
Fee
Fee Basis
Contract Administration (per month)
$2,000.00
Fixed Fee
Construction Administration
Time & Materials
"ATTACHMENT B"
RESOLUTION NO. R- 00- 04- 27 -12C2
WHEREAS, the City of Round Rock desires to retain engineering
services to develop a soccer complex adjacent to Old Settlers Park at
Palm Valley, and
WHEREAS, PBS &J has submitted a contract to provide said services,
and
WHEREAS, the City Council desires to enter into said contract
with PBS &J, 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 with PBS &J, to develop a soccer complex
adjacent to Old Settlers Park at Palm Valley, a copy of said contract
being attached hereto 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, and the Act.
RESOLVED
ATTEST:
Clnvx&
E LAND, City Secretary
K:\ WPDOCS \RESOL1.7I \R00427C2.WPD /sc
this 27th day of April, 2000.
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
Contract No.
THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the
City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and
PBS &J, having its principal business address at 206 Wild Basin Road, Suite 300, Austin, Texas
78746, hereinafter called "Engineer" for the purpose of contracting for engineering services.
WITNESSETH
WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services
Procurement Act" provides for the procurement of professional services of engineers; and
WHEREAS, the City desires to contract for engineering services described as follows:
Engineering Service to develop a site plan for the soccer complex at County Road
113 and County Road 122.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do hereby mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES TO BE PROVIDED BY CITY
The City will furnish items and perform those services for fulfillment of the Contract
as identified in Attachment A - Services to be Provided by the City, attached hereto and made
a part of this Contract.
ARTICLE 2
SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER
The Engineer shall perform those engineering services for fulfillment of the Contract as
identified in Attachment B - Services to be Provided by the Engineer, attached hereto and
made a part of this Contract.
The Engineer shall prepare a schedule of work identified as Attachment C - Work
Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a
complete schedule so that the Engineer's Scope of Services under this Contract can be
accomplished within the specified time and contract cost. The Work Schedule will provide
specific work sequence and definite review times by the City and the Engineer of the work
performed. If the review time should take longer than shown on the work schedule, through no
fault of the Engineer, additional contract time will be authorized by the City through a
supplemental agreement if requested by a timely written request from the Engineer and
approved by the City.
r9RB3516W40451 \ corrconnsct.doc Page 1 of 10
ARTICLE 3
CONTRACT PERIOD
After execution of this Contract, the Engineer shall not proceed with the work outlined
under Article 2 until authorized in writing by the City to proceed as provided in Article 6.
This Contract shall terminate at the close of business on November 1, 2000 unless extended by
written supplemental agreement duly executed by the Engineer and the City prior to the date of
termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as
provided in Article 19 - Termination. Any work performed or cost incurred after the date of
termination shall be ineligible for reimbursement.
The Engineer shall notify the City in writing as soon as possible if it determines, or
reasonably anticipates, that the work under this Contract cannot be completed before the
termination date, and the City may, at its sole discretion, extend the contract period by timely
supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer
shall allow adequate time for review and approval of the request for time extension by the City
prior to expiration of this Contract.
ARTICLE 4
COMPENSATION
The compensation to be paid Engineer for providing the requested services shall be direct
personnel expense plus a surcharge of 250 %, plus reimbursable costs. Direct personnel expenses
shall be defined as the cost of salaries and fringe benefit costs related to vacation, holiday, and sick
leave pay; contributions for Social Security, Worker's Compensation Insurance, retirement
benefits, and medical and insurance benefits; unemployment and payroll taxes; and other allowed
benefits of those employees directly engaged in the performance of the requested service.
Reimbursable costs include: fees of Professional Associates (whose expertise is required to
complete the project) and out -of- pocket expenses, the cost of which shall be charged at actual costs
plus an administrative charge of 10% and shall be itemized and included in the invoice. Typical
out -of- pocket expenses shall include, but not be limited to, travel expenses (lodging, meals, etc.),
job - related mileage at the prevailing Company rate, long distance telephone calls, courier, printing
and reproduction costs, and survey supplies and materials. In the event the requested service
involves the use of electronic measuring equipment, computers, plotters, and other special
equipment such as boats, swamp buggies, etc., an additional direct charge shall be made for the
use of this equipment.
The amount payable under this Contract without modification of the Contract as shown in
Attachment D - Fee Schedule. The amount payable may be revised by supplemental agreement in
the event of a change in scope, additional complexity from that originally anticipated or character
of work as authorized by the City.
The Engineer shall prepare and submit to the City monthly progress reports in sufficient
detail to support the progress of the work and in support of invoice requesting monthly payment.
Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be
maintained as a condition of payment.
The fee may be adjusted if additional work is approved by supplemental agreement and
performed by the Engineer.
Payments to the Engineer for services rendered will be made while work is in progress.
The Engineer will prepare and submit to the City, no more frequently than once per month, a
F: \ICB3518 \440451\oorroontract.doc
ARTICLE 5
METHOD OF PAYMENT
Page 2 of 10
progress report stating the percent completion of the work accomplished during the billing
period and to date, and one original and one copy of a certified invoice in a form acceptable to
the City. Payment of the fee will be in proportion to the percent completion of the work tasks
identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the
City shall make a good faith effort to pay the amount which is due and payable within thirty
(30) days. The City shall reserve the right to withhold payment pending verification of
satisfactory work performed. The Engineer must submit adequate proof to the City that the
task was completed.
The certified statements shall show the total amount earned to the date of submission
and the amount due and payable as of the date of the current statement. Final payment does not
relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting
from its negligence.
ARTICLE 6
NOTICE TO PROCEED
The City will issue a written authorization to proceed with the work identified in the
scope of services. The City shall not be responsible for actions by the Engineer or any costs
incurred by the Engineer relating to additional work not included in Attachment B - Services
to be Provided by the Engineer.
ARTICLE 7
PROGRESS
The Engineer shall, from time to time during the progress of the work, confer with the
City. The Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by the City, in order to evaluate features of the work.
At the request of the City or the Engineer, conferences shall be provided at the
Engineer's office, the office of the City, or at other locations designated by the City. These
conferences shall also include evaluation of the Engineer's services and work when requested
by the City.
Should the City determine that the progress in production of work does not satisfy the
Work Schedule, the City shall review the work Schedule with the Engineer to determine
corrective action needed.
The Engineer shall promptly advise the City in writing of events which have a
significant impact upon the progress of the work, including:
(1) problems, delays, adverse conditions which will materially affect the ability to
attain program objectives, prevent the meeting of time schedules and goals, or
preclude the attainment of project work units by established time periods; this
disclosure will be accompanied by statement of the action taken, or contemplated,
and any City assistance needed to resolve the situation; and
(2) favorable developments or events which enable meeting the work schedule goals
sooner than anticipated.
F :\KB35181440451 \corrcontract.doc
ARTICLE 8
SUSPENSION
Should the City desire to suspend the work, but not terminate the Contract, this may be
done by thirty (30) calendar days verbal notification followed by written confirmation from the
Page 3 of 10
City to that effect. The thirty day notice may be waived in writing by both parties. The work
may be reinstated and resumed in full force and effect within sixty (60) days of receipt of
written notice from the City to resume the work. The sixty day notice may be waived in
writing by both parties.
If the City suspends the work, the contract period as determined in Article 3 is not
affected and the Contract will terminate on the date specified unless the Contract is amended.
The City assumes no liability for work performed or costs incurred prior to the date
authorized by the City to begin work, during periods when work is suspended, or subsequent
to the contract completion date.
ARTICLE 9
ADDITIONAL WORK
If the Engineer is of the opinion that any work it has been directed to perform is
beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City
in writing. In the event the City finds that such work does constitute extra work and exceeds
the maximum amount payable, the City shall so advise the Engineer and a written
supplemental agreement will be executed between the parties as provided in Article 11. The
Engineer shall not perform any proposed additional work or incur any additional costs prior to
the execution, by both parties, of a supplemental agreement. The City shall not be responsible
for actions by the Engineer or any costs incurred by the Engineer relating to additional work
not directly associated with the performance of the work authorized in this Contract or as
amended.
ARTICLE 10
CHANGES IN WORK
If the City finds it necessary to request changes to previously satisfactorily completed
work or parts thereof which involve changes to the original scope of services or character of
work under the Contract, the Engineer shall make such revisions if requested and as directed
by the City. This will be considered as additional work and paid for as specified under Article
9 - Additional Work.
The Engineer shall make such revisions to the work authorized in this Contract which
has been completed as are necessary to correct errors appearing therein, when required to do
so by the City. No additional compensation shall be paid for this work.
The terms of this Contract may be modified by supplemental agreement if the City
determines that there has been a significant change in (1) the scope, complexity or character of
the service to be performed; or (2) the duration of the work. Additional compensation, if
appropriate, shall be identified as provided in Article 4.
Any supplemental agreement must be executed by both parties within the contract
period specified in Article 3 - Contract Period.
It is understood and agreed that no claim for extra work done or materials furnished
shall be made by the Engineer until full execution of the supplemental agreement and
authorization to proceed is granted by the City. The City reserves the right to withhold
payment pending verification of satisfactory work performed.
F:\KB3518\440451 \corrconlracldoe
ARTICLE 11
SUPPLEMENTAL AGREEMENTS
Page 4 of 10
ARTICLE 12
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents
created or collected under the terms of this Contract are the exclusive property of the City and
shall be furnished to the City upon request. All documents prepared by the Engineer and all
documents furnished to the Engineer by the City shall be delivered to the City upon
completion or termination of this Contract. The Engineer, at its own expense, may retain
copies of such documents or any other data which it has furnished the City under this
Contract. Release of information shall be in conformance with the Texas Open Records Act.
ARTICLE 13
PERSONNEL, EQUIPMENT AND MATERIAL
The Engineer shall furnish and maintain, at its own expense, quarters for the
performance of all services, and adequate and sufficient personnel and equipment to perform
the services as required. All employees of the Engineer shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any employee of the
Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes
detrimental to the work, shall immediately be removed from association with the project when
so instructed by the City. The Engineer certifies that it presently has adequate qualified
personnel in its employment for performance of the services required under this Contract, or
will be able to obtain such personnel from sources other than the City.
The Provider may not change the Project Manager without prior consent of the City.
The Engineer shall not assign, subcontract or transfer any portion of the work under
this Contract without prior written approval from the City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by the City
prior to work being performed under the subcontract.
No subcontract relieves the Engineer of any responsibilities under this Contract.
F:\KB3518\440451 \corrconlractdoc
ARTICLE 14
SUBCONTRACTING
ARTICLE 15
EVALUATION OF WORK
The City and any authorized representatives, shall have the right at all reasonable times
to review or otherwise evaluate the work performed or being performed hereunder and the
premises in which it is being performed. If any review or evaluation is made on the premises
of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to
provide all reasonable facilities and assistance for the safety and convenience of the City or
USDOT representatives in the performance of their duties.
ARTICLE 16
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the
City before final report is issued. The City's comments on the Engineer's preliminary report
will be addressed in the final report.
Page 5 of 10
Violation of Contract terms or breach of contract by the Engineer shall be grounds for
termination of the Contract and any increased cost arising from the Engineer's default, breach
of contract or violation of contract terms shall be paid by the Engineer.
The Contract may be terminated before the stated termination date by any of the
following conditions.
(1) By mutual agreement and consent, in writing of both parties.
(2) By the City by notice in writing to the Engineer as a consequence of failure by
the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the
Engineer upon not less than thirty (30) days written notice to the Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should the 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 the Engineer. In determining
the value of the work performed by the Engineer prior to termination, the City shall be the
sole judge. Compensation for work at termination will be based on a percentage of the work
completed at that time. Should the City terminate this Contract under (4) of the paragraph
identified above, the amount charged during the thirty (30) day notice period shall not exceed
the amount charged during the preceding thirty (30) days.
If the Engineer defaults in the performance of this Contract or if the City terminates
this Contract for fault on the part of the Engineer, the City will give consideration to the actual
costs incurred by the Engineer in performing the work to the date of default, the amount of
work required which was satisfactorily completed to date of default, the value of the work
which is usable to the City, the cost to the City of employing another firm to complete the
work required and the time required to do so, and other factors which affect the value to the
City of the work 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 the City and the Engineer under
this Contract, except the obligations set forth in Article 19 of this Contract. If the termination
of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City
may take over the project and prosecute the work to completion. In such case, the Engineer
shall be liable to the City for any additional cost occasioned the City.
The Engineer shall be responsible for the settlement of all contractual and
administrative issues arising out of the procurement made by the Engineer in support of the
scope of services under this Contract.
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ARTICLE 17
VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT
ARTICLE 18
TERMINATION
Page 6 of 10
ARTICLE 19
COMPLIANCE WITH LAWS
The Engineer shall comply with all applicable Federal, State and local laws, statutes,
codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract,
including, without limitation, worker's compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the
Engineer shall furnish the City with satisfactory proof of its compliance therewith.
F:VCB3518 \440451\cortcontr adoc
ARTICLE 20
INDEMNIFICATION
The Engineer shall save harmless the City and its officers and employees from all
claims and liability due to activities of itself, its agents, or employees, performed under this
Contract and which are caused by or result from error, omission, or negligent act of the
Engineer or of any person employed by the Engineer. The Engineer shall also save harmless
the City from any and all expense, including, but not limited to, reasonable attorney fees
which may be incurred by the City in litigation or otherwise resisting said claim or liabilities
which may be imposed on the City as a result of such activities by the Engineer, its agents, or
employees.
ARTICLE 21
ENGINEER'S RESPONSIBILITY
The Engineer shall be responsible for the accuracy of its work and shall promptly make
necessary revisions or corrections resulting from its errors, omissions, or negligent acts
without compensation. The Engineer's responsibility for all questions arising from design
errors and/or omissions will be determined by the City. The Engineer will not be relieved of
the responsibility for subsequent correction of any such errors or omissions or for clarification
of any ambiguities until after the construction phase of the project has been completed.
ARTICLE 22
ENGINEER'S SEAL
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the City in accordance with the Texas Engineering Practice Act and the Rules
of the State Board of Registration for Professional Engineers.
ARTICLE 23
NONCOLLUSION
The Engineer warrants that it has not employed or retained any company or persons,
other than a bona fide employee working solely for the Engineer, to solicit or secure this
Contract and that it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Contract. For breach or violation of this warranty,
the City shall have the right to annul this Contract without liability or, in its discretion, to
deduct from the contract price or compensation, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift or contingent fee.
Page 7 of 10
ARTICLE 24
INSURANCE
The Engineer shall furnish the City a properly completed Certificate of Insurance
approved by the City prior to beginning work under this Contract and shall maintain such
insurance through the contract period. The completed Certificate of Insurance shall be attached
hereto and identified as Attachment G.
ARTICLE 25
INSPECTION OF ENGINEER'S BOOKS AND RECORDS
AND AUDIT REQUIREMENTS
The City shall have the exclusive right to examine the books and records of the
Engineer for the purpose of checking the amount of work performed by the Engineer at the
time of contract termination. The Engineer shall maintain all books, documents, papers,
accounting records and other evidence pertaining to cost incurred and shall make such
materials available at its office during the contract period and for four (4) years from the date
of final payment under this Contract or until pending litigation has been completely and fully
resolved, whichever occurs last. The City or any of its duly authorized representatives, shall
have access to any and all books, documents, papers and records of the Engineer which are
directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and
transcriptions.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
The Engineer warrants that the representations included in the Debarment Certification
(Negotiated Contracts) submitted with the offer to provide services are current and still valid.
ARTICLE 27
COPYRIGHTS
The 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 the Engineer
for governmental purposes. However, any reuse or modification of reports or any other
documents produced pursuant to this agreement shall be at the City's or other's sole risk
without liability or legal exposure to the Engineer unless approved in writing by Engineer
prior to such reuse.
ARTICLE 28
COMPUTER GRAPHICS FILES
The Engineer agrees to comply with the Special Provision "Computer Graphics Files
for Document and Information Exchange," if determined by the City to be applicable to this
Contract and if so stated in Attachment B and attached hereto.
ARTICLE 29
SUCCESSORS AND ASSIGNS
The Engineer, and the City, do hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors,
executors, administrators, and assigns of such other party in respect to all covenants of this
Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract
without the prior written consent of the City.
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ARTICLE 30
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, 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.
This Contract constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral contracts between the parties respecting
the subject matter defined herein.
with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, Texas 78664
Sharon Prete
Director of Parks and Recreation
605 Palm Valley Blvd.
Round Rock, Texas 78664
F: \KB351 S \440451 \oor contractdoc
ARTICLE 31
PRIOR CONTRACT SUPERSEDED
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 address:
City of Round Rock PBS&J
Attn.: City Manager Attn.: Keith B. Jackson, P.E.
221 E. Main St. 206 Wild Basin Road, Suite 300
Round Rock, TX 78664 Austin, Texas 78746
ARTICLE 33
SIGNATORY WARRANTY
The undersigned signatory or signatories for the Engineer hereby represent and warrant
that the signatory is an officer of the organization for which he or she has executed this
Contract and that he or 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 the City to enter into this Contract.
Page 9of10
IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate.
THE ENGINEER
By:
City of
By:
dirAir
Signature
Printed Name
YS 1OE1 7
Title
26.,„ loco
Date
tIvai'llu a, Mayor
LIST OF ATTACHMENTS
Attachment A - Services to be Provided by the City - Not Applicable
Attachment B - Services to be Provided by the Engineer
Attachment C - Work Schedule, if applicable - Not Applicable
Attachment D - Fee Schedule and Rate Schedule
Attachment E - Work Authorizations, if applicable- Not Applicable
Attachment F - Supplemental Work Authorizations, if applicable- Not Applicable
Attachment G - Certificate of Insurance, if applicable - $500,00.00
F,U:B3518 \440451 \corrconrract.doc
Page 10 of 10
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
The City of Round Rock will furnish to the Engineer the following items /information:
engcontrc.wpdispeclw
engcontrc.wpolspectw
EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
PB Si
An employee -owned company
April 21, 2000
Sharon Prete
Director of Parks and Recreation
City of Round Rock
605 Palm Valley Boulevard
Round Rock, Texas 78664
Re: Soccer Complex — County Road No. 122
Proposal for Professional Engineering Services
Dear Ms. Prete:
PBS &J is pleased to submit our proposal to provide engineering services for the
proposed Soccer Complex located on 47.46 acres on County Road No. 122 in
Williamson County, Texas. We are providing the following information to convey our
understanding of the project and the civil engineering services needed for the proposed
development.
Scope of Project
The proposed Site is approximately 47.46 acres located immediately east of Old Settlers
Park at the southwest comer of County Road 113 and County Road 122. The Site has
approximately 686 feet of frontage on County Road 113 and 2,004 feet of frontage on
County Road 122. The Site is outside the Round Rock city limits and within its Extra -
Territorial Jurisdiction (ETJ). The Site is not located over the Edward's Aquifer
Recharge Zone or its contributing zone. If the Site remains outside the city limits,
Williamson County will have jurisdiction. Existing land use for the Site is farmland.
Proposed Scope of Basic Services
PBS &J will provide the following engineering services:
Phase 1: Pre - Development
1. Meet with Parks and Recreation Department to discuss project;
2. Site the proposed facilities on the property;
3. Study availability of utilities & site concerns;
4. Attend a pre - development meeting with the City of Round Rock;
5. Attend a meeting with Williamson County concerning site and access issues; and
6. Coordinate with Geotechnical consultant to locate borings.
Phase 2: Construction Plans
1. Prepare Site Plan based upon Concept Plan as necessary to meet City and County
requirements;
2. Prepare construction plans to meet requirements for City and County
Development Permit, including:
206 Wild Basin Road, Suite 300 • Austin, Texas 78746 • Telephone: 512.327.6840 • Fax: 512.327.2453 • www.pbsj.com
Sharon Prete
Director of Parks and Recreation
City of Round Rock
April 21, 2000
Page 2
a. Cover sheet
b. Standard Construction Notes
c. Erosion & Sedimentation - Control Plan
d. Site Plan
e. Phasing Plan
f. Dimensional Control Plan
g. Drainage Area Map & Calculations
h. Grading Plan
i. Drainage Plan
j. Utility Plan:
Design site water & wastewater
Illustrate lighting layout (lighting design provided by others)
k. Construction Details as required for sitework
3. Coordinate with Landscaper/Irrigator as relates to civil work;
4. Prepare technical specifications for civil work as required for the project;
Phase 3: Permitting
1. Meet with City and/or County Staff;
2. Prepare application package;
3. Prepare Engineer's Summary Letter;
4. Prepare Drainage Report;
5. Submit construction plans to City and/or County
6. Address review comments;
7. Revise plans as authorized by Client to meet with city approval;
8. Seek approval;
Phase 4: Reimbursable Expenses
Reimbursable expenses will be tracked under this phase (i.e., mileage, reproductions, etc.)_.
Additional Services
PBS &J will provide, or through subcontracts, the following additional services if required by the
project and authorized by the Client (these services are NOT a part of the Basic Services):
• Traffic Impact Analysis
• Surveying Services
• Water surface modeling & flood plain analysis other than an on -site detention pond
• Any variance requests to the applicable development codes
• Preparation of record or as -built drawings
• Private Storm sewer profiles
• Materials testing
• Construction staking
• Lift station design
Sharon Prete
Director of Parks and Recreation
City of Round Rock
April 21, 2000
Page 3
• On -site construction observation (beyond basic service above)
• Land title survey or boundary surveys
• Revisions to construction plans due to site plan changes by Client
• Endangered species survey and coordination of same with U.S. Fish & Wildlife
• Off -site utility improvements design
• Off -site roadway improvement design
• Subdivision platting
• Zoning and re- zoning
• Site lighting design
• MEP engineering services
• Environmental Assessment & Cultural or Historical Survey
• Wetlands determinations
• Geotechnical services and paving recommendations
• Irrigation system design and Professional Landscape Architectural services
Schedule
As soon as authorization is received, PBS &J will meet with the City of Round Rock and other
consultants to determine a schedule.
If you have any questions or comments, or wish to discuss any aspect of this proposal, please call
me at 329 -8342, Ext. 9583.
Sincerely ,
Frank H. Del Castillo, Jr.
Project Manager
engcontrc.wpd/spectw
EXHIBIT D
FEE SCHEDULE AND RATE SCHEDULE
D escription -
Fee
F Bans
Phase 1 — Pre - Development
$1,000.00
Time & Materials w/ Limit
Phase 2 — Construction Plans
$20,000.00
Time & Materials w/ Limit
Phase 3 — City of Round Rock Permit
$5,000.00
Time & Materials w/ Limit
Phase 5 — Reimbursable Expenses
$1,000.00
Time & Materials w/ Limit
ATTACHMENT D
FEE SCHEDULE
TOTAL $27,000.00
* Fee estimates will be invoiced monthly on the basis of time and materials (TML) and shall not
exceed (NTE) the estimated fee shown without the written consent of the Client.
All fees and fiscal requirements are to be paid by the Owner or the contractor. Such fees
typically include application fees, plan review fees, inspection fees, tap fees, etc.
F.;IKB35181PROPID444l cercomplexproposel.doc
Page 1 oft
1
PERSONNEL:
Personnel cost is reimbursed based on a multiplier of 2.5 applied to salary cost. Salary cost for each
employee is based on the employee's actual hourly wage plus benefits. Ranges of hourly salary cost by
personnel classification are as follows:
TERMS:
SURVEY FIELD CREWS:
STANDARD RATE SCHEDULE
Principal / Executive $ 50.00 to $ 90.00
Senior Engineering Staff $ 29.00 to $ 68.00
Engineering Staff $ 19.00 to $ 35.00
Senior Scientist $ 23.00 to $ 55.00
Scientist $ 13.00 to $ 35.00
Senior Survey Staff $ 28.00 to $ 50.00
Survey Staff $ 15.00 to $ 26.00
Senior Technical Support $ 20.00 to $ 44.00
Technical Support $ 11.00 to $ 25.00
Lab Technicians $ 8.00 to $ 24.00
Senior Clerical / Administration $ 24.00 to $ 45.00
Clerical / Administration $ 9.00 to $ 30.00
Survey field crews and equipment will be provided at the following fixed hourly rates:
Two -man Field Crew
Three -man Field Crew
Additional Rodman, Chainman, or Flagman
G.P.S. Static Receivers
G.P.S. RTK System
$ 90.00 per hour
$ 105.00 per hour
$ 20.00 per hour
$ 170.00 per day per receiver
$ 600.00 per day
There is no mileage charge when the job site is within 50 miles of the office from which the survey crew
originates.
OSHA 29 CFR 1910.120 certified field and office personnel are available upon request at an additional
cost.
TRAVEL AND SUBSISTENCE:
All travel and subsistence expenses will be invoiced at actual cost plus 10% handling. Cost of mileage
for private and company owned vehicles is computed at the prevailing rate designated by the U.S. Internal
Revenue Service. All mileage will be based on portal -to- portal.
PURCHASED SERVICES:
All purchased services are invoiced at actual cost plus 10 %u handling. These include but are not limited
to reproduction, long distance and cellular telephone, computer time, consultants, subcontract services,
rented or leased equipment, and expendable supplies.
Invoices are submitted monthly for all services rendered and are payable "Net 30 days.' Late payments
will incur a late charge of VA percent per month from the original date of invoice. PBS &J reserves the
right to stop work should invoices not be paid within 30 days.
1030981SRS•1 (Corporate) Formerly Espey, Huston & Associates, Inc.
engcontrc.wpd/spectw
EXHIBIT G
CERTIFICATE OF INSURANCE
DATE: April 21, 2000
SUBJECT: City Council Meeting — April 27, 2000
ITEM: 12.C.2. Consider a resolution authorizing the Mayor to execute a contract
with PBS &J for engineering services to develop a soccer complex
adjacent to Old Settlers Park at Palm Valley. The Round Rock
Soccer Association has donated $50,000.00 to this project and is
partnering with the City to construct facilities on the newly acquired
48 acres on the northeast side. Staff Resource Person: Sharon Prete,
Parks and Recreation Director.
'� 1 CITY OF ROUND ROCK
rNll
Mayor
Robert A. Stlaka, Jr
Mayor Pro-tem
Martha A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
June 15, 2000
PBS &J
Attn: Keith 13. Jackson, P. E.
206 Wild Basin Road, Suite 300
Austin, Texas 78746
Dear Mr. Jackson:
Sincerely,
NaixftuNaktuy,
Christine Martinez
Assistant City Secretary
Enclosures
Fax: 512 -218 -7097
1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice
www.ci.round- rock.tx.us
221 East Main Street
Round Rock, Texas 78664
512 - 218 -5400
The Round Rock City Council approved Resolution No. R- 00- 04- 27 -12C2 at their
regularly scheduled meeting on April 27, 2000. This resolution approves the contract for
engineering services to develop a soccer complex adjacent to Old Settlers Park at Palm
Valley.
Enclosed is a copy of the resolution and original contract for your files. If you have any
questions, please do not hesitate to contact Sharon Prete at 218 -5540.
i� I
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2
Original Contracts for Round Rock Soccer Complex
P8
206 Wild Basin Road, Sul 300 • Austin, Texas 78746 -3343
Tel: (512) 327 -6840 • Fax: (512) 327 -2453
To: Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664
ATTN: Steve Sheets
Fl Prints Specifications
Tracings Estimates
Sketches Bulletins
Copies of Letter Samples
We are sending you herewith via hand deliver the following:
These items are transmitted:
X
For your use
For your information/comments
As requested
For coordination purposes
For your approval /correction
Other
Signed: t died
Frank H. Del Castillo, Jr.
Project Manager
Project No.: 440451.00
Project Name: Round Rock Soccer Complex
Shop Drawings
Testing Lab Reports
Product Submittals
Contracts
For field use
For your files
Approved as submitted
Approved as noted
Not approved; revise and resubmit
Copy to: File
LETTER OF TRANSMITTAL
Date: April 26. 2000
Remarks:
IF ENCLOSURES RECEIVED ARE NOT AS LISTED ABOVE, PLEASE NOTIFY US AT ONCE.
K:\ PROJECTS\ D444UROUNDR -I\ SOCCER \DOCS\2000\0426SHHE.TRA
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DAT -
05/04/00
PRODUCER 305 822 - 7800
Collinsworth, Alter, Nielson,
Fowler & Dowling,Inc.(WMC /DIA)
5979 NW 151 Street, Suite 105
Miami Lakes, FL 33014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Lloyds of London
INSURED
Post, Buckley, Schuh &
Jernigan, Inc. d /b /a PBS &J
2001 NW 107 Avenue
Miami FL 33172
COMPANY
B
COMPANY
C
COMPANY
D
,C4QVERMs a , "
,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, ME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF.
DATE (MMTDD/YY)
POLICY 6XP.
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABDTIY
COMM. GENERAL LIABILITY
GENERAL AGGREGATE
PROD- COMP /OP AGO.
PERS. & ADV. INJURY
CLAIMS MADE = OCCUR
OWNER'S & CONTRACT'S PROT
EACH OCCURRENCE
FIRE DAMAGE One Fire)
MED EXP(Any one person)
AUTOMOBILE
-
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per ecciden0
PROPERTY DAMAGE
GARAGE
-
LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
OTHER THAN AUTO ONLY
EACR ACCDENT
AGGREGATE
EXCESS LABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
INCL
EXCL
I STATUTORY LIMITS
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE -EACH EMPL.
A
OTHER
Professional /
Pollution Lieb
P42399
9/30/99
9/30/02
91,000,000 limits each
claim /annual aggregate
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS
RE: Soccer Complex
I
City of Round Rock
Attn: Steve Sheets
221 E. Main Street
Round Rock, TX 78664
5ROUID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS ORREPRESENTATIVES.
AUTHORIZED p sa T
°"mss'01
r1
TYPE OF POLICY
EXP. DATE
POLICY NUMBER
LIMIT OF LIABILITY
WORKERS
COMPENSATION
❑ CONTINUOUS
❑ EXTENDED
® POLICY TERM
06/30/2000
WA1 - 15D - 217333 - 179
COVERAGE AFFORDED UNDER
ST LAW : OF THE FOLLOWING
STATES
AL,AZ,CA,CO,DC,FL,GA
,KY,LA,MD,MA,MS,NC,N '
J,SC,TN,TX,UT,VA WC
Includes all States
Endorsement
EMPLOYERS LIABILITY
Bodily Injury By Accident
$500,000 Each
Accident
Bodily Injury By Disease
$500,000 Policy
Limit
Bodily Injury By Disease
$500,000 Each
Person
GENERAL LIABILITY
®OCCURRENCE
['CLAIMS MADE
06/30/2000
TB7 151 - 217333
General Aggregate - OtherthanPrxlucts /CompletedOperetio
$2,000,000
Products/Completed Operations Aggregat
$1,000,000
Bodily Injury and Property Damage Liability
$1,000,000 Per
Occurrence
Personal Injury
$1000,000 Per Person/
, Organization
RETRO DATE
_
Other FIRE LEGAL
$100,000
Other MED PAY
$25,000
AUTOMOBILE LIABILITY
CO OWNED
® NON -OWNED
CO HIRED
06/30/2000
AS7- 1 51 - 21 7333-039
$1,000,000 Each Accident - Single Limit
B.I. and P.D. Combined
Each Person
Each Accident or Occurrence
Each Accident or Occurrence
OTHER
UMBRELLA EXCESS
LIABILITY
06/30/2000
TH1 151 - 217333
$10,000,000 SINGLE LIMIT FOR BODILY INJURY AND PROPERTY
DAMAGE LIABILITY OVER UNDERLYING LIMIT
ADDITIONAL COMMENTS
RE: SOCCER COMPLEX
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT
N INSURANCE POLICY AND DOES NOT AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that
Post, Buckley, Schuh & Jernigan, Inc.
d /b /a PBS &J
2001 N.W. 107 th Avenue
Miami, Florida 33172
Name and
4- address of
Insured.
LIBERTY
MUTUAL.
Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is sub
all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to whi
certificate may be issued
If the ce rtificate expire on date Is continuous or extended term, you will be notified if coverage is terminated or reduced before Inc certificate expiration date.
SPECIAL NOTICE - OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING FRAUD AGAINST AN INSURER, SUBMITS
AN APPLICATION OR FILES ACLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS : IN THE EVENT YOU HAVE ANY OUESTIONS OR NEED INFORMATION
ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND
CORNER OF THIS CERTIFICATE THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE
THE STATED EXPIRATION DATE THE COMPANY WALL NOT CANCEL. OR REDUCE THE INSURANCE AFFORDED
UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS ' r• j
NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO:
F
CITY OF ROUND ROCK
CERTIFICATE 221 E. MAIN STREET
HOLDER ROUND ROCK, TEXAS 78664
5L:1
rJ
James R. Fiet
AUTHORIZED REPRESENTATIVE
e FL (800) 542 -0055 5/4/00
Ft. Laud
PHONE NUMBER DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Compan BS1501