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R-02-11-14-13B7 - 11/14/2002RESOLUTION NO. R- 02- 11- 14 -13B7 WHEREAS, the City of Round Rock desires to retain engineering services for the Round Rock West Streets Project, and WHEREAS,Lockwood, Andrews & Newman, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Lockwood, Andrews & Newman, Inc., 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 Engineering Services with Lockwood, Andrews & Newman, Inc., for the Round Rock West Streets Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 14th day of November, 002 AT i CHRISTINE R. MARTINEZ, City Secr4f ary ssOLMB\ WORL00x\ 01 \W➢OX \RRSOLBrI \R111 /sc NY City of Round Rock, Texas " ROCK, TEXAS PURPOSE Passion PROSPEXJT THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 14 day of the month of November, 2002, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are Located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and Lockwood, Andrews & Newnam, Inc., whose principal place of business is located at 3420 Executive Center Drive, Austin, Texas 78731 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. NOW, THEREFORE, WITNESSETH: CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. RECITALS: Contract No. G.O. Bond 2002 - Various Round Rock West Streets WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT ”An ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 14 day of the month of November 2003 , unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. Engineer shall be paid on the basis of actual salaries paid for actual hours worked for employees performing work associated with this Agreement, plus a fixed fee of 12 %, plus an overhead rate of 174 %. The Fee Schedule attached hereto as Attachment D includes estimates for the labor and direct cost estimates utilized to compute the maximum amount payable under this Agreement, as provided below. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant, times a factor of 1.10. Payment of monies due for direct cost expenses outlined in Attachment D shall be based on the actual costs. The maximum amount payable under this Agreement, without modification of this Agreement as provided herein, is the sum of Fifty -two Thousand Five Hundred Dollars, ($52,500.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Attachment B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. Each invoice shall be supported by separate documentation verifying labor costs, direct costs for subconsultant services and direct costs for expenses as referred to in Attachment D. Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. VRRWS - 602002 -LAN eng contracI.doc 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Daniel Halden, P.E. [Name] City Engineer [Title] 2008 Enterprise Drive [Address] Round Rock, Texas [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Doug Bell, P.E. [Name] Senior Project Manager [Title] 3420 Executive Center Drive [Address] Austin, Texas 78731 [City, State, Zip] (512) 338 -4212 [Telephone Number] (512) 338 -4942 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. VRRWS- 002002 -LAN eng contractdoc 5 ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. 6 ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. VRRWS- 002002 -LAN cng contractdoc 7 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any fmal report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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. 8 (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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. VRAWS- 002002 -LAN cng contractdoc 9 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he/she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars ($1,000,000) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (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: VRRWS.G02002 -LAN eng contractdoc City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 ARTICLE 26 INSURANCE Engineer shall also notify City, within twenty -four (24) hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. (2) 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 Engineer. (3) The term "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. 11 (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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such certificates of insurance are evidenced herein as Exhibit F entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Doug Bell, P.E. Senior Project Manager Lockwood, Andrews & Newnam, Inc. 3420 Executive Center Drive Austin, Texas 78731 VRRWS - 602002 -LAN eng conlract.doc ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. 13 (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 200_, and Engineer, Lockwood, Andrews & Newnam, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: By: ��, e •� Signature of P Printed Name: ARTICLE 34 SIGNATORY WARRANTY CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" VRRWS - 002002 -LAN eng conUact.doc 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets EXHIBIT A "Services to be Performed by City" The scope of services to be performed by the City is to facilitate the preliminary engineering for street and water rehabilitation improvements in the Round Rock West area generally bounded by: McNeil Road to the south, Round Rock West Drive to the east, Deep Wood Drive to the west, and Westwood Drive, Glenda Drive and Dragon Drive to the north, by administering this contract and by: 1. Providing to the engineer, without charge, copies as needed of all available maps, plans, as -built drawings, and any other information relevant to the project. 2. Providing to the engineer, without charge, electronic copies as needed of aerial maps of the area within the scope of the project. 3. Meeting with the engineer on occasion to review work progress, to comment on the work and to discuss the work with or answer questions from the engineer. 16 a. street centerlines and stationing b. curb lines c. driveways VRRWS- G02002-LAN eng oontractdoc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT B "Services to be performed by the Engineer" The scope of services to be performed by the Engineer is to provide preliminary engineering for street and water rehabilitation improvements for the Round Rock West area as generally depicted on the attached map. Water mains along the following streets are contemplated for reconstruction: St. Williams, Abbey Rd., Penny Ln., Deer Run, Blue Jay way, Bonwood, Lakewood, Westwood, Walsh Ln. and Round Rock West Dr. Services to be performed by the Engineer include the following: 1. Prepare approximately 120 base maps utilizing aerial maps provided by the City. An electronic copy of the base maps will be provided to the City. The base maps will be prepared at a scale of 1" = 20' and the following features will be added in electronic format: 2. Through the services of a geotechnical subconsultant, evaluate pavement conditions of the various streets. The geotechnical subconsultant will walk each street and record the pavement conditions on the base maps. Detailed recommendations for pavement rehabilitation will be provided along with a geotechnical report to be included in a Preliminary Engineering Report (PER) provided by the Engineer to the City. Handwritten field notes from the subconsultant's pavement conditions evaluation will be included in the PER. 3. For streets that involve water main replacement, research of existing utilities will be performed and maps overlaying the base maps will be prepared. All utilities under the pavement and between curbs , and property lines including water, wastewater, stormwater, gas, telephone, electric and cable TV will be investigated. Recommended routes for new water mains along with recommended subsurface utility investigations at specific points will be outlined in the PER. An electronic copy of the water main replacement maps with existing utility information will be provided to the City. 4. Cost estimates listing several alternatives will be prepared and included in the PER. 5. Meet with the City to review progress of the work and to present the PER. 17 N i SCALE: 1" = 1000' 2001 G.O. BOND VARIOUS ROUND ROCK WEST STREETS CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT C WORK SCHEDULE (Behind this page) VRRWS-G02002-LAN eng contract doc 19 ROUND ROCK WEST REHABILITATION PROJECT ID Task Name Start I Finish CI& 1, 2003 Nov I Deo Jan 1 Feb 1 Mar 1 PRELIMINARY ENGINEERING PHASE 11/2112002 i 3/19/2003 i Ito 11121 4 2 4 5 6 7 6 9 0 11 12 13 14 Notice to proceed from City of Round Rock 11/21/20021 11/21/2002 Execute contract with geotechnical consultant ' 11/21/2002 F 11/25/2002 Prepare base maps for geotechnical field work 11/21/20021 12/18/2002 .. . Geotechnical field investigation of pavement 12/19/2002 1/22/2003 Geotechnical report 1/23/20031 2/5/2003 liiiillniiiill 1111111111111111111111111 RIM Collect data on existing utilities 11/21/20027 12/4/2002 Prepare utilities map layers 12/5/20021 1/1/2063 - Construction Cost Estimate r . ' 1/23/2003 1/29/2003 Prepare Preliminary Engineering Report (PER) --- - 2/6/20031 2/19/2003 Submit PER to City for review i 2/19/2003 I 2/19/2003 --4 CitiReview 1 2/20/2003! 3/19/2003 Prepare fee proposal for design and construction phases I 2/20/2003 3/5/2003 - Notice to proceed with final design ' 3/19/2003 3/19/2003 1111111111114111111 1111111111 Project FtR West schedule Dale: 10242002 Task 1- , : : , -- 1 Summary WIF•i Rolled Up Progress Deadline 0 Spht Rolled Up Task 1 ; F-. 1 External Tasks 11111111 Progress Rolled Up Split Project Summary gpllip Milestone • Rolled Up Milestone <> External Milestone • Page 1 Description HOURS Principal Project Manager Project Engineer Staff Engineer CADD Technician Clerical Total PRELIMINARY PHASE Data Collection: 4 4 12 6 26 Prepare Base maps for Field Investigation 2 4 8 100 114 (120 sheets) Field Investigation: Pavement Condition 4 8 12 Develop Rehabilitation Strategy: 4 4 8 Assess Existing Utilities: 4 20 24 100 148 (Prepare 40 sheets) Construction Cost Estimate: 4 12 24 16 56 Prepare Preliminary Engineering Report: 1 4 8 24 8 24 69 LAN Labor Subtotal 5 18 52 104 230 24 433 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT D FEE SCHEDULE Round Rock West Rehabilitation Project Hour Estimate Table 1 of 3 VRRWS- G02002 -LAN eng contrac*.doc 21 PRELIMINARY PHASE HOURS' SALARY* DIRECT LABOR COST* Prinicipal 5 $ 48.00 $ 240.00 Project Manager 18 $ 42.00 $ 756.00 Project Engineer 52 $ 28.00 $ 1,456.00 Staff Engineer 104 $ 23.00 $ 2,392.00 CADD Designer 230 $ 22.00 $ 5,060.00 Clerical 24 $ 14.00 $ 336.00 Subtotal 433 $ 10,240.00 Round Rock West Rehabilitation Project Hour Summary Sheet *Estimates for the purpose of computing labor costs. Table 2 of 3 22 LABOR COST DIRECT LABOR OVERHEAD 174% TOTAL LABOR + OVHD FIXED FEE 12% TOTAL COST Preliminary Phase $ 10,240.00 $ 17,818.00 $ 28,058.00 $ 3,367.00 $ 31,425.00 DIRECT COSTS: EXPENSES: RATE QUANTITY TOTAL Reproduction $ 0.10 1320 $ 132 Copies -11x17 $ 0.30 1300 $ 390 Mileage $ 0.35 125 $ 43 Mail & Deliveries $ 10.00 5 $ 50 TOTAL EXPENSES $ 615 SUB - CONTRACTS TASK BASE MARK -UP TOTAL Geotechniical $ 18,600.00 1.10 $ 20,460.00 TOTAL DIRECT COSTS § 21,075.00 TOTAL COST $ 52,500.00 VRRWS GO2002 -LAN eng contract.doc Round Rock West Rehabilitation Project Maximum Cost Table 3 of 3 23 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT E WORK AUTHORIZATIONS (Behind this page) 24 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT F CERTIFICATES OF INSURANCE (Behind this page) 26 10/30/2002 09:14 FAX 512 338 4942 , Lockwood Andrews &Newnan. cERl1FIGATh OF LIMMU7Y' INSURANCE PRODUCER. Marcotte Insurance Agency, Inc. 0 6 Reading, PA 366 Regency Parkway - {L American Casualty Company Omaha. NE 68114 -3740 B Valley Pore Insurance Company XNEURp Lockwood, Andrews 6 Newnan., Inc. C Continental Casualty Company 2925 Sriaspark Drive, #550 Boueton, 7X 77042 THIS ISTOCEIVI SI TIM tire Uttered waned amp isiu d' bythefaatptadestrodabove wlhmspratto =OVA packs teed by gut companies; mei farther Istrobrafter desertlett EttooPliono to Ito Paolo WI natbd below_ E 'rYpnoct>3n +N >l" vv UQN raw>yrint ,1017317309 1 /1 /02 8 A ^ 1017317312 witmete ciegret4Patiet J Oct aflnyt SOFA .8.4 1/1/02 1/1/03 1015651987 1/1/03 • utic nfCATaliCa U card 616TtAY 'Exit 2211e. Mia. Saw* Redid itedc, DRte:10 /25/2082 ANA AfFa a COVIL AGE Tacil Noma 1 $wolsod 10/1001 9J 0 02 aaGMALmPCnA664T 5 2,000,00 1/1/03 RECCOCt'iC ssiokAacs 6 2,000,000 PliI807141.4cAVV.Mmr s 1,000,000 CACrtnoolrtuFatcs 8 1,000.000 FmopiogeaRCMiow4at) a 100,000 asse,i3 01S(AarwepanOi 5,000 coet;altac oulcrs'wtrr m 1,000,000 601MMYDt0SYp'a<r is1 9 PROPOTYPAISAKIE s sAcamomWOWszoli 820,000,000 A0a1Ce s 20,000,000 wIATImaU D4111 'texas B AN8 EMPLOYERS E I W 860e40Mmor' 52,000,000 1031765991 pau5584M5U5Stoar F2,000,000 1/1/02 1/1/03 E -MAcU rye a 2, 000, 000 LAN Project. City Contract # 0079.20.004 West Street Rehab TimtltyaQwoaudRack N ir naa}1v 1tspeliAra Arm 44 - 1 - tad F soya' liabUM1r tan 1 Pradllecio 3lSe6Ript. snoLt tiny dale al xdpeRae+teased/Am aimed ImEet the oxidate deuferoa#EnWalls euepatrywmUrell eittr ( 86) dtpirrMm: anBmm the tar2 Orbeboldoravrmibelow. "Eska Sr,...18xecnrive Vice President 10/30/2002 WED 09:07 (TX /RX NO 55601 9j002 10/30/2002 09:15 FAX 512 338 . Lockwood Andrews &Newnam CERTIFICATE" OF LIAI#11J INSURANCE PRAnuC BR Marcatte In•snranee Agency, Inc. Continental Casualty Company 366' Regency, Parkway 0naha, NE 68114 -3740 8 t It URIPLockwood, Andrews & Newnam, inc. C 2925 3riarpark Drive, # 550 • ' uoust'on, TX 77042 . 'MIS IS TO CERTIFy Tthe Iowa omit stove Is surdd by tha Commies Hstcd 41/3056 with reapeasoIlho bociatea9 apaniiaes 1bt31 s iter dosaliod, 113' ttbb %OS of ingannzes tell IN BneOT'danoo *I& the mold= elite stin4ard Policies arced by Elio comps:Au, and Anther isorafordter dcscr+bod. BrOuP6mtui to the Wibgs% arc auTed C3ENERA uweIISTY AUTOMOBI S xiousz •rr Excitax UAEfl TY 3:00Srrei 9ATDCIrt MDF$PLOYERLL UAnfIT5 ARA0016 1/1/02 1/1/03 Cat athwart CCM ..3.a • patr 10/25/2002 comzoicsa AFFO>;DING COVBRAGZ {J U �pE08IIQ9tII[J►Nti� KIMMOY laini477gV 012WATION X.YIL US DAME GENERAL, Al3G E3AT8 a 7140D'OCr'S /Or AM. 5 sesteow41, Ariv•IN3rwr s pACH occOlmrticr s use, EJCP2NUEVony OM 0on)V >sowynausYrm.lwi4N s rsnmEkrepams vAcsQCOURtINCE S AaQA'ra d rCR17.flP X LTh LT$ >tACS/5f 'rr p sinWn- 70rICXLU411' DIT.WaHL Per Claim ' $15,000,00 Aggregate $15,000,000 Dg ' I10110P6Kv,ATIONKM%A LAN Project.' City Contract # 0079.20.004 Went Street Rehab• ppit Lich TpCtSod'R.ouWRadg 1�t+ddu n� m adwitlt rape,lalard( nc�agtt'Nei b> try , nl •prpfelt[m11Li7taliq�. r+0 ofttv'Wm relida1?4 cd amused cam ,*1 0t wftl7+ L?'( 30) di31wrinara :4esbIwo:Otuh:bo 9, thin Wed CSRTIFTGtTEHOlLriffiLt a 6TG1dAICfilrb� ••a' • rWvj,d Rock, Teas 7966s Th•nes J. Welborn Ties= Sr. acutiva Vice President 4n9 1W22O1 10/30/2002 WED 09:07 (TX /RX NO 5560) 003 DATE: November 7, 2002 SUBJECT: City Council Meeting — November 14, 2002 ITEM: 13.B.7. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Lockwood, Andrews & Newman, Inc. for the Round Rock West Street Project. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Danny Halden, City Engineer History: The City reviewed statements of intent and qualification from a number of engineers and performed interviews with the qualifying firms. Lockwood, Andrews & Newman, Inc. was selected as the initial firm with which to negotiate engineering services for the Various Round Rock West Street project. This contract will provide the preliminary engineering for street and water rehabilitation improvements for the Round Rock West area generally bounded by McNeil Rd. to the south, Deepwood Drive to the west, Round Rock West Drive to the east, and Westwood Drive, Glenda Drive and Dragon Drive to the north. Funding: Cost: $52,500.00 Source of funds: Capital Project Funds — 2002 GO Bond Outside Resources: Lockwood, Andrews & Newnam, Inc. Impact/Benefit: Address problems with water mains that do not meet current standards and that have been problematic. This project is to examine carefully, correct street or drainage problems, and provide street maintenance. Public Comment: N/A Sponsor: N/A ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 14 day of the month of November, 2002, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and Lockwood, Andrews & Newnam, Inc., whose principal place of business is located at 3420 Executive Center Drive, Austin, Texas 78731 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. " RECITALS: CONTRACT DOCUMENTS Contract No. G.O. Bond 2002 - Various Round Rock West Streets That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. !- Da -il -lL -13x7 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 14 day of the month of November , 2003 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. Engineer shall be paid on the basis of actual salaries paid for actual hours worked for employees performing work associated with this Agreement, plus a fixed fee of 12 %, plus an overhead rate of 174 %. The Fee Schedule attached hereto as Attachment D includes estimates for the labor and direct cost estimates utilized to compute the maximum amount payable under this Agreement, as provided below. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant, times a factor of 1.10. Payment of monies due for direct cost expenses outlined in Attachment D shall be based on the actual costs. The maximum amount payable under this Agreement, without modification of this Agreement as provided herein, is the sum of Fifty-two Thousand Five Hundred Dollars, ($52,500.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Attachment B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. Each invoice shall be supported by separate documentation verifying labor costs, direct costs for subconsultant services and direct costs for expenses as referred to in Attachment D. ARTICLE 5 METHOD OF PAYMENT Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. VRRWSG02002 -LAN eng contract.doc 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Daniel Halden, P.E. [Name] City Engineer [Title] 2008 Enterprise Drive [Address] Round Rock, Texas [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Doug Bell, P.E. [Name] Senior Proiect Manager [Title] 3420 Executive Center Drive [Address] Austin, Texas 78731 [City, State, Zip] (512) 338 -4212 [Telephone Number] (512) 338 -4942 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. VRRWS-G02002-LAN eng contraeldoc 5 ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. 6 ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she/it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. VRRWS - 002002 -LAN eng contract.doc 7 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any fmal report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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. 8 (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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. VRRWS.002002 -LAN eng contract.doc 9 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he/she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars ($1,000.000) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (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: Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. (2) 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 Engineer. (3) The term "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. VRRWS- 002002 -LAN eng contract.doc 11 (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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be bome solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such certificates of insurance are evidenced herein as Exhibit F entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Doug Bell, P.E. Senior Project Manager Lockwood, Andrews & Newnam, Inc. 3420 Executive Center Drive Austin, Texas 78731 ARTICLE 32 NOTICES ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. VRRWS - 602002 -LAN eng contract.doc 13 (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above- stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. /2 Oa -)1- Iy- /381 , approved by the City Council on the 1 ) { day of the month of `11 £ L.Q./)1J. /ti , 200A , and Engineer, Lockwood, Andrews & Newnam, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND CK By: City Secretary ENGINEER: By: Signature of Pd, pal Printed Name: ARTICLE 34 SIGNATORY WARRANTY 14 (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" VRRWS - 602002 -LAN eng contract.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets LIST OF EXHIBITS ATTACHED 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets EXHIBIT A "Services to be Performed by City" The scope of services to be performed by the City is to facilitate the preliminary engineering for street and water rehabilitation improvements in the Round Rock West area generally bounded by: McNeil Road to the south, Round Rock West Drive to the east, Deep Wood Drive to the west, and Westwood Drive, Glenda Drive and Dragon Drive to the north, by administering this contract and by: 1. Providing to the engineer, without charge, copies as needed of all available maps, plans, as -built drawings, and any other information relevant to the project. 2. Providing to the engineer, without charge, electronic copies as needed of aerial maps of the area within the scope of the project. 3. Meeting with the engineer on occasion to review work progress, to comment on the work and to discuss the work with or answer questions from the engineer. 16 G.O. Bond 2002- Various Round Rock West Streets a. street centerlines and stationing b. curb lines c. driveways CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. EXIIIBIT B "Services to be performed by the Engineer" The scope of services to be performed by the Engineer is to provide preliminary engineering for street and water rehabilitation improvements for the Round Rock West area as generally depicted on the attached map. Water mains along the following streets are contemplated for reconstruction: St. Williams, Abbey Rd., Penny Ln., Deer Run, Blue Jay way, Bonwood, Lakewood, Westwood, Walsh Ln. and Round Rock West Dr. Services to be performed by the Engineer include the following: 1. Prepare approximately 120 base maps utilizing aerial maps provided by the City. An electronic copy of the base maps will be provided to the City. The base maps will be prepared at a scale of 1" = 20' and the following features will be added in electronic format: 2. Through the services of a geotechnical subconsultant, evaluate pavement conditions of the various streets. The geotechnical subconsultant will walk each street and record the pavement conditions on the base maps. Detailed recommendations for pavement rehabilitation will be provided along with a geotechnical report to be included in a Preliminary Engineering Report (PER) provided by the Engineer to the City. Handwritten field notes from the subconsultant's pavement conditions evaluation will be included in the PER. 3. For streets that involve water main replacement, research of existing utilities will be performed and maps overlaying the base maps will be prepared. All utilities under the pavement and between curbs and property lines including water, wastewater, stormwater, gas, telephone, electric and cable TV will be investigated. Recommended routes for new water mains along with recommended subsurface utility investigations at specific points will be outlined in the PER. An electronic copy of the water main replacement maps with existing utility information will be provided to the City. 4. Cost estimates listing several alternatives will be prepared and included in the PER. 5. Meet with the City to review progress of the work and to present the PER. VRRWS - 002002 -LAN ens contiact.doc 17 N SCALE: 1" = 1000' 2001 G.O. BOND VARIOUS ROUND ROCK WEST STREETS VRRWS - 602002 -LAN eng contraa.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002- Various Round Rock West Streets EXHIBIT C WORK SCHEDULE (Behind this page) 19 ROUND ROCK WEST REHABILITATION PROJECT ID 1 Task Name Start Finish Qtr 1, 2003 Nov 1 Dec Jan 1 Feb I Mar PRELIMINARY ENGINEERING PHASE 11/21/2002 3/19/2003 11/21/2002 11121 2 Notice to proceed from City of Round Rock 1 1/2 1/2002 3 Execute contract with geotechnical consultant 11/21/2002 11/25/2002 ■� 4 Prepare base maps for geotechnical field work Geotechnical field investigation of pavement Geotechnical report 11/21/2002' 12/19/2002 1/23/2003 12/18/2002 1/22/2003 2/5/2003 12/4/2002 NIMIIIIM111. 5 Miniiiiiiilling 6 MUM 7 Collect data on existing utilities ■ 11/21/2002 8 Prepare utilities map layers 12/5/2002 1/1/2003 I � 9 Construction Cost Estimate - — Prepare Preliminary Engineering Report (PER) Submit PER to City for review 1/23/2003 -- 2/6/2003 2/19/2003 , 1/29/2003 2/19/2003 2/19/2003 10 ism 2/19 11 12 City Review Prepare fee proposal for design and construction phases Notice to proceed with final design 2/20/20033/19/2003 2/20/2003 3/19/2003 3/5/2003 3/19/2003 aliMMEM 13 NEM • 3119 14 Project: RR West schedule Date: 10/23/2002 Task' ': €: _ >_ __.' Summary ^ Rolled Up Progress Deadline - - - - -� '`' - �-'- Up Split Rolled U Task External Tasks Progress Rolled Up Split Project Summary Milestone • Rolled Up Milestone O External Milestone Page 1 Description HOURS Principal Project Manager ' Project Engineer Staff Engineer CADD Technician Clerical Total PRELIMINARY PHASE Data Collection: 4 4 12 6 26 Prepare Base maps for Field Investigation 2 4 8 100 114 (120 sheets) Field Investigation: Pavement Condition 4 8 12 Develop Rehabilitation Strategy: 4 4 8 Assess Existing Utilities: 4 20 24 100 148 (Prepare 40 sheets) Construction Cost Estimate: 4 12 24 16 56 Prepare Preliminary Engineering Report: 1 4 8 24 8 24 69 LAN Labor Subtotal 5 18 52 104 230 24 433 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets EXHIBIT D FEE SCHEDULE Round Rock West Rehabilitation Project Hour Estimate Table 1 of 3 VRRWS- 002002 -LAN eng contracLdoc 21 PRELIMINARY PHASE HOURS* SALARY' DIRECT LABOR COST* Prinicipal 5 $ 48.00 $ 240.00 Project Manager 18 $ 42.00 $ 756.00 Project Engineer 52 $ 28.00 $ 1,456.00 Staff Engineer 104 $ 23.00 $ 2,392.00 CADD Designer 230 $ 22.00 $ 5,060.00 Clerical 24 $ 14.00 $ 336.00 Subtotal 433 $ 10,240.00 Round Rock West Rehabilitation Project Hour Summary Sheet *Estimates for the purpose of computing labor costs. Table 2 of 3 22 LABOR COST DIRECT LABOR OVERHEAD 174% TOTAL LABOR + OVHD FIXED FEE 12% TOTAL COST Preliminary Phase $ 10,240.00 $ 17,818.00 $ 28,058.00 $ 3,367.00 $ 31,425.00 DIRECT COSTS: EXPENSES: RATE QUANTITY TOTAL Reproduction $ 0.10 1320 $ 132 Copies -11x17 $ 0.30 1300 $ 390 Mileage $ 0.35 125 $ 43 Mail & Deliveries $ 10.00 5 $ 50 TOTAL EXPENSES $ 615 SUB - CONTRACTS TASK BASE MARK -UP TOTAL Geotechnical $ 18,600.00 1.10 $ 20,460.00 TOTAL DIRECT COSTS $ 21,075.00 TOTAL COST $ 52,500.00 Round Rock West Rehabilitation Project Maximum Cost VRRWS-G02002-LAN ens contract.doc Table 3 of 3 23 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets EXHIBIT E WORK AUTHORIZATIONS (Behind this page) 24 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Lockwood, Andrews & Newnam, Inc. G.O. Bond 2002 - Various Round Rock West Streets EXHIBIT F CERTIFICATES OF INSURANCE (Behind this page) 26 10/3042002 09:14 FAX 512 338 4942 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Marcotte Insurance Agency, Inc. 366 Regency Parkway - Omaha. NE 68114 -3740 II15UR D Lockwood, Andrews & Newnan, Ina. C Continental Gas,alty Company 2925 Brianpark Drive, #550 Eoueton, TX 77042 TIIIS IS TO CE RTI Y I'F1A T the fitted till *bava b Wawa by $se CompAfdes toil 1113OVe with a tCespectt the : iko i tan dae 6 4 policies paths used by a ltos osopa aan � � � escrib d Excepliond irk proclaim noted tamaad p va,l by us omltufiefs, Wow- MUM P.SFECt EXPUOM1014 TOUTS lau RpARSPs DATE DAIS A 33A.n42711. 1017317309 1/1/02 U Qt nEUA°LUT^ $ 1/1/02 1/1/03 gLenaS7lAaLLTX7 , 1015651987 vkatERa' OMPOa•4U9" ]3 AWE$PWYSITb1in.TIT 1/1/02 agfsaraw ant afloat, Cd0.R.aec Lockwood Andrews &Newnam • >r�B1T� • 0002 Dateo.10 /7s /20Q COMPANIGSAFFOOD 4. American' Casualty Company of Reading, PA B Valley Forge Insu Company opat.vot3setacATP 2,000,00 1/1/03 NUAN0Cfi•CO um/.Ats . S 2,000,000 neut9tniALskADV.AQ ev S 1,000,000 C4cliacciMLUNca S 1,000,000 k1AEDAiLAW(ASiwe 3 100,000 ,1 N8E(Aepmipmme)s 5,000 cTamaacsalers'cr ar s 1,000,000 Donny zuassrR i I 5 11DX0V VIVSY R+L Wart) s , YPAMArtE s labaocm=14 e S20,000,000 1/1/03 Atialt8 ATh S20,000,000 ruaair arLamm1 Texas w1c+LACCUfm T 5 2,000,00 ritss is..ndleVL.tis1' i 2,000,000 1/1/03 ISSASS-SAIZEIBIJAMS 112,000,000 LAN Project. City Contract # 0079.20.004 West Street Rehab TbM7dy do ma ism wrttagkrid w.nUmw 1v;La "b"npm[[ " nxrept'wr+kmta' andFtmldwoff' ' dad Treltuteealls b[IitY. ybocmwprot boA de) doceibedpa Wedbema,tl:dm deafitenatcmiss.af5 ounpes3kwill malldiry( 30)) dalvmualaadostoOwoxClepdiEholdetaat bcEse iCERTI 7CAT6 [dCO.DBB: alld ost v srA• � Gantt" 23118. We trot G/ Rebind Rock, loaf 7268 TWcAnmf' hours .7. yelbern / Itig Sr.Executive Vice President fiernsala2oa5 10/30/2002 WED 09:07 [TX /RX NO 5560] a002 10/30/$002 09:14 FAX 512 338 4942 — Lockwood Andrews &Newham n�:•lo/25/zao GERf1FlGATR OF LOMB-Jilt INSURANCE cOMPANMS AFFaenINc3 covalt ACZ PROD Mercotte Insurance Agency, Inc. 366 Regency Parkway - .(< American Casualty Company of Reading, PA Omaha, NE 68114374 B Valley Porge Insurance Company INSUR$D Lockwood, Andrews & Newnam, Inc. C Continental casualty Company 2925 Briaspark Dive. #550 ''Boonton, TX 77042 THIS IS TO CBRIttY Tat T tho Woad zuomoli Wools torgell iby >he t impedes lard above with reopen to'te bosiocsa (Tangos Icoroinilbtr donnlaol, Ibr lial typos or tomato ad ia =oat= Wiro. tho provision ofthe =Ant politico mod by thrl commies, and fi#iht' tgooloofter ticsaillatt E%oept and to *a p01ialoa aro noted below. _ C N SONINSl7RAXGYO LTit mace= DATE PATE A 11"/Irrt ,1017317309 1/1/02 1/1/03 "te ^ 1017317312 3 1/1/02 1 6se aflnaw COhR.dm 1/1/03 , 1015651987 1/1/03 w 011X015. c4?4P [8 TL9fl 5 ANDEMPLOVEM D LO j 6599L 1/1/02 L • r x i i i C A m 6 H O W = cize itaugetRock 23titLAb N dried Sods, Tpsei AOVkGttA s&t3NATUR'G cU sesig.1 moss e002 CaNIMALmacoOloATII 2,000, 000 nontCticomria•Ara. S 2,000,000 rltamotA44t•AFV.A s 1,000,000 Garr occinttts on s 1,000.000 risEDAsenaguagyes.e 5 100,000 samo,MKNO(AwselpesmoS 5,000 cnHmttiitUtiTNCnLt+miir ID 1,000,000 WinuYRVI[IRsIem n.4 5 Btana+rOOWrY[Wswm.e9 s WoWlxi PAMAe>E s - 520,000,00 520,000, urok'Y * Texas sival Atr.uptDrr 5 2,000,000 IN 40114113:1 i' 2,000,000 1/1/03 DIUMila-/U43181ftoYmv d 2,000,000 O :1'TrO Zd:ATIIIESZSesTisciAbstelvo=pc=t LAN Project . City Contract # 0079.20.004 West Street Rehab 74n od limed Rock tap)* Ar Ltn,ec�vaitti Mt"(to tII pall egt stetr 'Wtskota' Maips,SsUgitliel Employed' Litbirrty tavdTroiwiada1 10.keld any oEOioihd•oda r to coxoted otiosoa tor= ego =Andes dise+ d • a,mpettywmanasi zi da y+ v hstanotimm ttBpdebokkenaa TandWamm hpmas J. Velborn 'Ma 'r Executive Vice President 10/30/2002 WED 09:07 [TX /RX NO 5560] [J 002