R-03-01-23-10D1 - 1/23/2003Mayor
Nyle Maxwell
Mayor Pro-tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pitt
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L Sheets
PURPOSE. PASSION. PROSP
March 3, 2003
Mr. Bill Waeltz, P.E.
Baker - Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, TX 78664
Dear Mr. Waeltz:
The Round Rock City Council approved Resolution No. R- 03- 01 -23-
10D 1 at their regularly scheduled meeting on January 23, 2003. This
resolution approves the agreement for engineering and surveying
services associated with the Brushy Creek East Trail.
Enclosed is •a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact
James Hemenes at 341 -3345.
Christine R. Martinez
City Secretary
Enclosure
CITY OF ROUND ROCK Administrative Dept.. aat East Main Street • Round Rock Texas 78664
Phone 5iz 218.5400 • Fax 512 218 7097 • www.a.round- rock.tx.us
RESOLUTION NO. R- 03- 01- 23 -10D1
WHEREAS, the City of Round Rock desires to retain engineering
and surveying services associated with the Brushy Creek East Trail, and
WHEREAS,Baker - Aicklen & Associates, Inc. has submitted an Agreement
for Engineering and Surveying Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Baker - Aicklen & Associates, 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 and Surveying Services
with Baker - Aicklen & Associates, Inc., for engineering and surveying
services associated with the Brushy Creek East Trail, 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 23rd day of January, 2. 03.
ST:.
CHRISTINE R. MARTINEZ, City Secret ry
I. ODHA\ WORLDOX\ O . \WDOX \RESOLDTI \A3D123D1.WPD /SC
ieNcut
NYL EL , Mayor
City of Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE. AISGON PROSPOUT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
NOW, THEREFORE, WITNESSETH:
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the 24th - day of the month of January, 2003, 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 Baker- Aicklen & Assoc., Inc., whose
principal place of business is located at 203 East Main Street, Suite 201, Round Rock, TX 78664,
(hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional
engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
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.
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Contract No.
RE: Brushy Creek Trail East
EXHIBIT
..An
o.1Pmp Eng 02 \ 02-508 6 Agreemem.do
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 15 day of the month of June, 2004, 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."
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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.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of One Hundred Eighty Five Thousand, Eight Hundred Seventy Five and 51 /100
Dollars ($185,875.51) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable
may be revised only by written Supplemental Agreement in the event of a change in scope, additional
complexity from that originally anticipated, or change in character of work as authorized by City.
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 Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced 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. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of work tasks
identified in Exhibit D entitled "Fee Schedule." 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.
o:\Prop Eng 02 02-50 86 Agroemenldoc
ARTICLE 5
METHOD OF PAYMENT
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which 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.
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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:
James Hemenes, ASLA [Name]
Park Planner [Title]
605 Palm Valley Boulevard [Address]
Round Rock, Texas 78664 [City, State, Zip]
(512) 218 -5540 [Telephone Number]
(512) 218 -5548 [Facsimile Number]
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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:
A. William Waeltz, P.E. [Name]
Branch Manager [Title]
203 East Main Street, Suite 201 [Address]
Round Rock, TX 78664 [City, State, Zip]
(512) 244 -9620 [Telephone Number]
(512) 244 -9623 [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.
o:\Prop Eng 02\02 -5086 Agreement doc
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
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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.
o•\Prop Eng 02\02.5086 Agrcement.doc
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.
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
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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 famished
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.
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.
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ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this 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.
(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
o:TProp Eng 02\02 -5086 Agreementdoc
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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.
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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
9
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.
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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.
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 minimum insurance coverage in the 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, minimum insurance coverage in
the amount of One Million Dollars ($1,000,000.), 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
10
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:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
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.
(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."
City shall have the royalty nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 27
COPYRIGHTS
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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.
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.
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
ARTICLE 33
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 34
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:
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
A. William Waeltz, P.E.
Branch Manager
Baker - Aicklen & Assoc., Inc.
203 East Main Street, Suite 201
Round Rock, TX 78664
ARTICLE 35
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.
(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 govemed by and construed in accordance with the laws and court decisions of
the State of Texas.
o:\Prop Eng 02'02 -5086 Agreement doe
ARTICLE 36
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this 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.
13
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, , 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: � /"44 a
ature of Princ
Printed Name: A. WI�° Waeltz, P. E.
ATTEST:
o:\Prop Eng 02\02 -5086 Agreement doe
By:
Corporate Secretary
R: \@dhalden\Downtown sts agr-GO bond 2001- bakerAick.doc
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"
o:\Prop Eng 02'02 -5086 Agreementdoc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
LIST OF EXHIBITS ATTACHED
15
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT A
"Services to be Performed by City."
1. The City shall provide to the engineer, without charge, copies as needed of all available maps,
plans, as -built drawings, previous survey information and any other information relevant to the
project and/or project area.
2. The City shall provide "Right of Entry" (Landowner permission) if necessary for the Engineer
or his subconsultants to access private property for right -of -way and design surveys or other
reasons to perform the work.
3. The City shall schedule and coordinate all public meetings.
4. The City shall meet with the Engineer on a periodic basis to review the progress of the work, to
answer questions from the Engineer, and for the purpose of commenting on the preliminary
design.
5. The City shall substantially clear the trail route (tree limbs, vines, brush, etc.) prior to the tree
survey. Additional areas will be required to be cleared, in order to provide access for truck
mounted drilling rigs, prior to the geoteehnical investigation. These additional areas will be
identified in the Preliminary Design Phase.
o.'Prop Eng 02W2 -5086 Agreementdoc
16
PROJECT DESCRIPTION
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker- Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT B
"Services to be performed by the Engineer."
Provide engineering and surveying services for the design of a trail system. The limits of the trail are
generally depicted on the attached map. A topographical and tree survey will be provided. Unless
otherwise determined between the City and Engineer during the work, the design will be based upon an
8' wide asphalt concrete trail with 1' concrete ribbon curbs on both sides, associated drainage
improvements, two (2) pavilion slabs, and three (3) pre - engineered package pedestrian bridges.
SCOPE OF SERVICES
A. Topographic Design Survey
Baker - Aicklen will commission an aerial topographic survey of the project area, using Sanborn
Mapping as a subconsultant for the photogrametric services. Ground control for the aerial
survey will be provided by Baker - Aicklen surveyors using GPS equipment. The aerial mapping
will produce color digital orthophotography of the site as well as a digital one -foot interval
contour map. This contour map will also show all visible planimetric features such as fences,
structures, etc. located within the 800 -foot wide corridor to be mapped. Additionally, Greenlawn
Park and Bradford Park have been added to the Brushy Creek Tail aerial topographic survey.
After a general route for the trail has been selected and marked on- the - ground by using the
above - described aerial mapping, it is anticipated that a corridor along the field marked route will
be cleared by City of Round Rock subcontractors, so that a detailed, ground based, topographic
and tree location survey can be conducted along the proposed route.
This survey will locate, within a 30 -foot wide corridor, all trees of 6" caliper or greater, and
profile elevations will be taken at 50 -foot intervals along the centerline of the proposed tract.
A digital tree location map and centerline profile of the 30 -foot wide corridor will be the final
deliverable for this phase of the project.
B. Project Coordination/Preliminary Design
1. Attend Project Coordination meetings with the City to discuss project goals and
requirements. Limited to ten (10) meetings.
2. Attend public meetings as requested by the owner. Limited to ten (10) meetings.
o•\Prop Eng 02a2 -5086 AgreemenLdoc
17
3. Assist the City and landscape architect with the assembly, development and review of the
schematic design for the proposed trail route.
4. Assist the City with the field location of the proposed trail route, prior to tree survey.
5. Coordinate receiving construction drawings, specifications, and contract documents from
the landscape architect, structural engineer and compile under one cover sheet.
6. Retain a geotechnical engineer for pavement recommendations and soil analysis for three
(3) sets of bridge abutments for a package pedestrian bridge.
7. Identify the "Ordinary High Water Marks" as defined by the Army Corps of Engineers.
C. Trail System Design
1. Dimensional Control Plan
a. Prepare a dimensionally accurate site plan with centerline stationing, coordinate
points and curve data, as required.
b. Prepare typical cross - sections of the proposed trail.
2. Site Grading & Drainage Plan
a. Prepare plan view grading plan which has 1' contours with sufficient spot
elevations, top of wall elevations, and finish floor grades. The grading plan will
be ADAJTDLR compliant, where practical.
b. Develop and analyze an overall drainage plan which includes runoff calculations
(Rational Method) for drainage areas discharging to the trail systems. (This does
not include Watershed Hydrology Modeling.)
c. Design culverts, drainage structures and improvements to contributing drainage
channels. (This does not include Hydraulic Modeling.)
d. Identify 100 -year ultimate flood plain per FEMA.
3. Erosion Control and Sedimentation/Tree Protection Plan
a. Prepare erosion control and sedimentation plan, which includes the location of silt
fences, rock berms, erosion blankets and inlet protection, as required.
b. Prepare tree protection plan for protected trees in accordance with the City of
Round Rock landscape ordinance.
4. Construction Details and Standards
a. Prepare construction details and standards in order to relay sufficient detail for
constructability.
5. Structural Design
a. Retain and coordinate with structural engineer for the design of abutments for
three (3) package pedestrian bridges.
b. Retain and coordinate with structural engineer for the design of two (2) 20' x 20'
pavilion slabs.
* The trails system design does not include any utility design. (Water /wastewater, electric,
gas, phone or cable, etc.)
o:Wrop Eng 02\02 -5086 Agrccmcntdoc
18
D. Permitting/Address Review Comments/Processing (Submittal/Processing Fees are not included.)
1. Secure Corp of Engineers/FEMA permits and/or approvals, as required.
2. Retain independent ADA/TDLR reviewer to secure approval for ADA/TDLR.
(Variances are not included, if required.)
3. Address review comments/secure approvals from City of Round Rock's PARD, D.R.C.
and Public Works (2 submittals).
4. Prepare EPA SWPPP and assist the owner and contractor with the submission of Notice
of Intent.
E. Bidding Phase
1. Prepare quantity take -offs. (Civil items only.)
2. Prepare Engineer's opinion of probable construction cost. (Civil items only.)
3. Prepare final bidding documents /contract documents.
4. Advertise project in local newspapers.
5. Distribute plans and specifications to prospective bidders (Plans and Specifications
reproduction and distribution costs are to be considered reimbursable expenses).
6. Schedule and attend pre -bid conference.
7. Answer contractor's questions and issue addenda, if required.
8. Compile and analyze bid tabulations and submit recommendations for award of contract.
F. Limited Construction Phase Services
1. Assist in pre - construction conference.
2. Review shop drawings, samples, schedules and submittals.
3. Interpret drawing and specifications.
4. Perform periodic site visits to observe construction for general conformity to the contract
documents (not full -time representation). Limited to twelve (12) site visits.
5. Review contractor's pay estimates.'
6. Prepare final punch list.
7. Issue Contractor's Certificate of Completion.
8. Prepare "As- built" drawings.
9. Attend bi- monthly construction progress meetings. Limited to twelve (12) meetings.
ADDITIONAL SERVICES AVAILABLE IF REQUESTED
(Not included in the Scope of Services)
A. Watershed Hydrology Modeling (HEC -HMS)
B. River Analysis Hydraulic Modeling (HEC -RAS)
SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES
A. Structural design not identified in Scope of Services above, (walls over three feet in height),
Phase One environmental site assessments, wetlands issues, trench safety design, landscape
plans, and T.I.A. reports, if required, and fees charged by the City.
o:1Prop Eng 02102 -5086 Agreement.doc
19
o:W op Eng 02\02 -5086 Ageementdoc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT C — WORK SCHEDULE
ID Task Name , Duration I Start 1 Finish
1 Brushy Creek Trail East 346 days Fd 1/24/03 /01 5/21/04
2 Nobel to Proceed 1 day - 74 1124/03 - rr11/24/03
3 Topographic (Tide Survey . 75 days ' Mon 1/27/03 76 0/0/03
4 Project Door/knoll. - - -- 18n days Mon1/27833 '' ' Fri 10/370S
5 Preliminary Design - SO clays Mon 1/27/03 Fn 5/30/03
6 Trill Syitern D9r1 60 days Mon 6/2/03 F68/22103
7 Permittmg/Rrn4ew - Donireents/Proceiiinc 30 days Mon 8125/03 Fd 1912/03
8 Bidding Phase 30 days Mon 10/6/03 Fn 11/14/03
9 No t I c e of Award 1 day Mon 11/17/03 /060 11/17/03
10 NotIce lo proceed 14 /Lys Tua 11/18/03 , -- F712/8/03
Cons/archon Phase 1i0 days Mon 12/8/03 -- 701/21/04
Project: Brushy Creek 7,00 7100
Work Day Schedule (eg , Not A
Calendar Day Schedule)
•
416 Quarter
Oct 1 Nov 1 Dec
Brushy BnenhyC,oek Trail East
1st Quarter
Jan 1 Feb I "Mr
,-
•1 /24
4
2nd Quarter 3rd (Marley
Apr [May 1 Jun Jul I Sep
-..jFliA/A Sanbom
Task
I Sum/nary Rolled Up Progress
Procress 1•11•1111•111110M RoUed Up Task Split
Milestone • Poled Up Ifflostone 0 C External Tasks PeircJfx*Sl‘.1
• 1 CORR,B/A11.13 -
ORR.13/A,H-B,TrInIty
AM-B.PAS
0912.131A,11.81,PKI3
ORSB/A,H.B
1/17
/A
4th Quarter 1/0 0000081 2nd Quarter 13rd Q
Oct L Nov rklar APv I Ma Joy/1_,_,
Project Summary 1 11. 1
Group By Summary 9••■•"
Contractor
o \Prop Eng 02\02 -5086 Agreement.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT D — FEE SCHEDULE
DIRECT COSTS:
DIRECT
LABOR
OVERHEAD
PERCENTAGE
TOTAL
LABOR & OH
FIXED
FEE
TOTAL
COST
LABOR COSTS: *
157
12%
TOPOGRAPHIC DESIGN SURVEY
515,292.00
$24,008.44
$39,300.44
$4,716.05
544,016.49
ENGINEERING SERVICES
$30,263.00
$47,512.91
$77,775.91
$9,333.11
$87,109.02
TOTAL LABOR COST:
$45,555.00
$71,521.35
$117,076.35
$14,049.16
$131,125.51
DIRECT COSTS:
RATE
QUANTITY
TOTAL
REPRODUCTION:
Copies 8.5" x 11"
50.35
300
5105.00
Copies 24" x 36"
$1.50
100
$150.00
Subtotal
5255.00
WILLIAMSON COUNTY COURTHOUSE REPRODUCTION:
Copies 8.5" x 11"
$1.00
150
5150.00
Copies 18" x 24"
53.00
20
560.00
Subtotal
5210.00
TOTAL EXPENSES
$465.00
$465.00
SUBCONSULTANTS
Geotechnical Investigation:
Trinity Engineering/Kleinfelder
512,250
Construction Materials Testing and Inspection:
Trinity Engineering/Kleinfelder
**
$20,000.00
Structural Engineer:
Paul Koehler Brown
58,000.00
Aerial Mapping:
Sanbom
59,100.00
Subconsultant Markup (10 %)
54,935.00
TOTAL SUBCONSULTANTS
$54,285.00
554,285.00
TOTAL DIRECT COSTS:
$54,750.00
Total Labor Cost: $131,125.51
** Budget amount, not to be considered a maximum.
Total Direct Cost: 554,750.00
Total Project Cost: $185,875.51
• A manhour estimate is attached behind this page for reference only.
oAProp 02102 -5086 BrshyCrkTrhManhour xis
City of Round Rock Agreement
For Engineeering & Surveying Services with
Baker- Aicklen & Associates, Inc.
Brushy Creek Trail East
TOPOGRAPHIC DESIGN SURVEYS
SCOPE OF SERVICES
RPLS
SST
GPS1
GPS2
PC
IM
RM
DM
TOTAL
A. Topographic Design Survey:
Baker- Aicklen will commission an aerial topographic survey of the project area, using Sanborn Mapping as
a subconsultant for the photogrametric services. Ground control for the aerial survey will be provided by
Baker - Aicklen surveyors using GPS equipment. The aerial mapping will produce color digital
orthophotography of the site as well as a digital one -foot interval contour map. This contour map will
also show all visible planimetric features such as fences, structures, etc. located within the 800 -foot wide
corridor to be mapped.
After a general route for the trail has been selected and marked on- the - ground by using the above -
described aerial mapping, it is anticipated that a corridor along the field marked route will be cleared by
City of Round Rock subcontractors, so that a detailed topographic and tree location survey can be
conducted along the proposed route.
27
26
20
40
40
40
173
This survey will locate, within a 30 -foot wide corridor, all trees of 6" caliper or greater, and profile elevations
will be taken at 50 -foot intervals along the centerline of the proposed tract.
A digital tree location map and centerline profile of the 30 -foot wide corridor will be the final deliverable
for this phase of the project.
30
90
240
240
240
840
3. Assist the City and landscape architect with the assembly, development and review, of the schematic
design for the proposed trail route.
5
40
50
95
Total Manhours
57
116
16
280
280
280
1013
ENGINEERING
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
B. Project Coordination/Preliminary Design:
1. Attend Project Coordination meetings with the City to discuss project goals and requirements. Limited to
ten (10) meetings.
20
20
2. Attend public meetings as requested by the owner. Limited to ten (10) meetings.
20
20
3. Assist the City and landscape architect with the assembly, development and review, of the schematic
design for the proposed trail route.
5
40
50
95
4. Assist the City with the field location of the proposed trail route, prior to tree survey.
16
8
24
MANHOUR ESTIMATE
Brushy Creek Trail East
City of Round Rock
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
5. Coordinate receiving construction drawings, specifications, and contract documents from the landscape
architect, structural engineer and compile under one cover sheet.
16
16
16
48
6. Retain a geotechnical engineer for pavement recommendations and soil analysis for three (3) sets of bridge
abutments for a package pedestrian bridge.
8
8
7. Identify the "Ordinary High Water Marks" as defined by the Army Corps of Engineers.
2
16
16
34
C. Trail System Design:
1. Dimensional Control Plan
a. Prepare a dimensionally accurate site plan with centerline stationing, coordinate points and curve
data as required.
2
16
40
58
b. Prepare typical cross - sections of the proposed trail.
1
2
5
8
2. Site Grading & Drainage Plan
a. Prepare plan view grading plan which has 1' contours with sufficient spot elevations, top of wall
elevations, and finish floor grades. The grading plan will be ADA/TDLR compliant, where practical.
2
35
70
107
b. Develop and analyze an overall drainage plan which includes runoff calculations (Rational Mehtod) for
drainage areas discharging to the trail systems. (This does not include Watershed Hydrology
Modeling.)
3
40
80
123
c. Design culverts drainage structures and improvements to contributing drainage channels. (This does
not include Hydraulic Modeling.)
2
24
40
66
d. Identify 100 -year ultimate flood plain per FEMA.
1
16
8
25
3. Erosion Control and Sedimentation/Tree Protection Plan
a. Prepare erosion control and sedimentation plan, which includes the location of silt fences, rock berms,
erosion blankets and inlet protection, as required.
1
8
20
29
b. Prepare tree protection plan for protected trees in accordance with the City of Round Rock landscape
ordinance.
1
8
20
29
4. Construction Details and Standards
a. Prepare construction details and standards in order to relay sufficient detail for constrirtibility.
1
8
40
49
5. Structural Design
a. Retain and coordinate with structural engineer for the design of abutments for three (3) package
pedestrian bridges.
1
6
10
17
b. Retain and coordinate with structural engineer for the design of two (2) 20' x 20' pavilion slabs.
1
4
6
11
D. Permitting/Address Review Comments/Processing (Submittal/Processing Fees are not Included):
1. Secure Corp of Engineers/FEMA permits and/or approvals, as required.
4
80
40
124
2. Retain independent ADA/TDLR reviewer to secure approval for ADA/TDLR. (Variances are not included
if required.)
1
4
5
3. Address review comments /secure approvals from City of Round Rock's PARD, D.R.C. and
Public Works (2 submittals).
2
16
24
42
4. Prepare EPA SWPPP and assist the owner and contractor with the submission of Notice of Intent.
2
24
10
36
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
E. Bidding Phase:
1. Prepare quantity take -offs. (Civil items only.)
1
16
30
8
55
2. Prepare Engineer's opinion of probable construction cost. (Civil items only.)
1
16
17
3. Prepare final bidding documents /contract documents.
8
24
32
4. Advertise project in local newspapers.
1
4
5
5. Distribute plans and specifications to prospective bidders (Plans and Specifications reproduction and
distribution costs are to be considered reimbursable expenses).
1
4
16
21
6. Schedule and attend pre -bid conference.
3
3
6
7. Answer contractor's questions and issue addenda, if required.
1
4
6
11
8. Compile and analyze bid tabulations and submit recommendations for award of contract.
1
8
16
25
F. Limited Construction Phase Services:
1. Assist in preconstruction conference.
2
2
4
2. Review shop drawings, samples, schedules and submittals.
2
24
26
3. Interpret drawing and specifications.
2
16
18
4. Perform periodic site visit to observe construciton for general conformity to the contract documents
(not full time representation). Limited to twelve (12) visits.
12
12
24
5. Review contractor's pay estimates.
12
24
36
6. Prepare final punch list.
4
16
4
24
7. Issue Contractor's Certificate of Completion.
1
2
3
6
8. Prepare "As- built" drawings.
1
3
24
2
30
9. Attend bi- monthly construction progress meetings. Limited to twelve (12) meetings.
12
12
24
0
Total Manhours
108
578
557
99
1342
PE Project Engineer
SCT Senior CAD Tech
RPLS Registered Professional Land Surveyor
GPS 2 GPS Operator 2
o1Enginecr02 prop \02.5086 agreement
PD Project Designer
ECT Engineering CAD Tech
SST Senior Survey Tech
PC Party Chief
IM Instrumment Operator
EA Engineering Assistant
ADM Administrative
GPS GPS Operator 1
RM Rodman
Brushy Creek Trail East
City of Round Rock
ENGINEERING Manhours Salary Direct Labor Cost
Project Engineer 108 $38.00 $4,104.00
Project Designer
Engineering Assistant 578 $25.00 $14,450.00
Senior CAD Tech
Engineering CAD Tech 557 $18.00 $10,026.00
Administrative 99 $17.00 $1,683.00
Subtotal 1342 $30,263.00
TOPOGRAPHIC DESIGN SURVEYS
MANHOUR SUMMARY
Reg Prof Land Surveyor 57 $36.00 $2,052.00
Senior Survey Tech 116 $20.00 $2,320.00
GPS Operator 1
GPS Operator 2
Party Chief 280 $15.00 $4,200.00
Instrument Operator 280 $13.00 $3,640.00
Rodman 280 $11.00 $3,080.00
Administrative
Subtotal 1013 $15,292.00
o.'Prop Eng 02+02 -5086 Agreemenidoc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT E — WORK AUTHORIZATIONS
o.\Prop Eng 02102 -5086 Agreement.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker- Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT F — CERTIFICATES OF INSURANCE
= �4CORD
Ms RetiwO
06 18 02 : ,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI
ONLY AND CONFERS NO RIGHTS UPON THE cERnFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PNUNUOIM
GREATER TEXAS INS - AGENCY
9809 Anderson Mill Rd
Austin, Tx 78750
—
COMPANIES AFFORDING COVERAGE
COMMA
A UNION STANDARD INSURANCE COMPANY
sNSUnsD
RAKER- AICKLEN & ASSC. INC
203 EAST MAIN SUITE 201
ROLTND ROCK, TX 78664
m _
ssPMT �
B
COMPANY
c
COMPANY
D
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THIS I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
CSTh RCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
HAVE BEEN REDUCED BY PAID CLAIMS.
EWE OFINEHRANcE
PRIEM'MUMOER
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DATE MNDOWnl
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GVNTATION DAIS THEREOF, 'MC 03300 COMPANY WILL n OEAVOR TO MA L
30 _DAYS TYRNIT:N NOR= CO TNF CatIIaP TD HOLOEII NEMEO TO THE tlfm,
WT FAILURE TO MAIL. RUCH NOTICE MHAU. Ism'OSE NO ODUQATION OR 1WNTY
OF ANY • • UPON THE COMPANY. as AGENTS OR REPRESENTATIVE".
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06/18/2002 TUE 13 :28 FAX 5123319950 GREATER TEXAS INSURANCE
001/001
01./15/2003 14:48 15124439669
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER COMPANIES AFFORDING COVERAGE
USI Insurance Services, Inc. A. Security Ins. Co. of Hartford
1946 S. III -35, Suite 301
Austin, Texas 78704 B.
(512) 443 -0878
INSURED C.
Baker-Aicklen & Associates
203 E. Main Street, Suite 201 D.
Round Rock, TX 78664
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
by the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
DATE DATE
LTR
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
USI INSURANCE AUSTII4 PAGE 01,'01
GENERAL AGGREGATE 3
PRODUCTS - COMP /OP AGG 5
PERSONAL & ADV. INJURY S
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) S
MED, EXPENSE (Any one personal
COMBINED SINGLE LIMIT S
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
\YORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS
EACH ACCIDENT
DISEASE • POLICY LIMIT S
DISEASE - POLICY LIMIT S
Date:01 /15/03
OTHER Professional Liability
A A5E0227058 05/21/02 05/21 /03 Annual Aggregate 51,000,000
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS
Prof. Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of the insured. The limit will
be reduced by payment of indemnity and expense.
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 5 Main Steel
Round Rock, Texas 78664
Attn: Christine Martinez
0.\ wdox \FORMS\corr \unl \00033647.DOC
SIJ O' AUTHORIZED REPRESENTATIVE
T • d Nary Jun Junmerson
Title. Sal s Executive
Per Claim' 51,000,000
ui; 17 /LUtl3 14:4tl 1bi244;ib69
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
USI Insurance Services, Inc.
1946 S. III -35, Suite 301
Austin, Texas 78704
(512) 443 -0875
INSURED
Baker- Aicklen & Associates
203 E. Main Street, Suite 200
Round Rock, TX 78664
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
by the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF INSURANCE POLICY NUMBER
LTR
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY
0 \ udoz \FORMS\torr\unt \00033647.DOC
USI INSURANCE AUSTIN • PAGE 01 :01
COMPANIES AFFORDING COVERAGE
A. Security Ins. Co. of Hartford
B.
C.
D.
EFFECTIVE EXPIRATION LIMITS
DATE DATE
T . Nap! Jim Junmerson
Tu1e:Sa1 s Executive
OENERAL AGGREGATE S
PRODUCTS-COMP /OP AGO S
PERSONAL & ADV. INJURY S
EACH OCCURRENCE S
FIRE DAMAGE (Any one fire) 5
MED. EXPENSE (Any one person)S
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) S
BODILY INJURY (Per accident) S
PROPERTY DAMAGE $
EACH OCCURRENCE
AGGREGATE
Date:01 /15/03
STATUTORY LIMITS
EACH ACCIDENT S
DISEASE • POLICY LIMIT S
DISEASE - POLICY LIMIT S
OTHER. Professional Liability
A Per Clam: $1,000,000
AEE0227058 05/21/02 05/21/03 Annual Aggregate: $1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
Prof. Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of the insured. The limit will
be reduced by payment of indemnity and expense.
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability.
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E Main Street
Round Rock, Texas 78664
Attn: Christine Martinez
SI O r AUTHORIZED REPRESENTATIVE
l
DATE: January 17, 2003
SUBJECT: City Council Meeting — January 23, 2003
ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute an
Agreement for Engineering & Surveying Services with Baker -
Aickien & Associates, Inc for engineering services associated with
the Brushy Creek East Trail.
Resource: Sharon Prete, Parks and Recreation Director
James Hemenes, RLA, ASLA, Park Planner
History: Based on the most recent City -Wide Surveys, Trails have been identified as the
number one request by citizens for recreation opportunities. From this, the City -
Wide Trail System CIP Program was formed. The Parks and Recreation
Department (PARD) has been tasked with developing hike and bike trails for
recreation, as well as connectivity. Through the current CIP program, PARD has
substantially completed construction of two trail projects at Old Settlers Park, and
soon will be beginning the Planning and Design of a third along the Brushy Creek
Corridor. This project will be the Brushy Creek East Trail, which will consist of
approximately 2.5 miles of trail and various other improvements. The finance
approval is contingent upon receiving agreed upon funds from Williamson County.
Funding:
Cost: $173,288.86
Source of Funds: Williamson County Contribution and TPWD Grant
Outside Resources: Baker - Aicklen & Associates, Inc.
Impact/Benefit: This contract will provide for the engineering services associated with the
Brushy Creek East Trail. These engineering services will include
topographical survey of the trail corridor, trail design, and limited
construction phase services for the project
Public Comment: N/A
Sponsor: PARD
ROUND ROCK, TEXAS
PURPOSE. PASSIOK PROSPERITY
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
£- 03- 0I43 -10DI
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
§
RECITALS:
CONTRACT DOCUMENTS
1
Contract No. ,_?
RE: Brushy Creek Trail East
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the 24th day of the month of January, 2003, 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 Baker - Aicklen & Assoc., Inc., whose
principal place of business is located at 203 East Main Street, Suite 201, Round Rock, TX 78664,
(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:
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.
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 15 day of the month of June, 2004, 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."
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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.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of One Hundred Eighty Five Thousand, Eight Hundred Seventy Five and 51 /100
Dollars ($185,875.51) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable
may be revised only by written Supplemental Agreement in the event of a change in scope, additional
complexity from that originally anticipated, or change in character of work as authorized by City.
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 Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment. - -
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
o:\Prop Eng 02\02 -5086 Agreement doc
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. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of work tasks
identified in Exhibit D entitled "Fee Schedule." 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.
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.
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."
City's Designated Representative for purposes of this Agreement is as follows:
James Hemenes, ASLA [Name]
Park Planner [Title]
605 Palm Valley Boulevard [Address]
Round Rock, Texas 78664 [City, State, Zip]
(512) 218 -5540 [Telephone Number]
(512) 218 -5548 [Facsimile Number]
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ARTICLE 7
NOTICE TO PROCEED
ARTICLE 8
PROJECT TEAM
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:
A. William Waeltz, P.E. [Name]
Branch Manager [Title]
203 East Main Street, Suite 201 [Address]
Round Rock, TX 78664 [City, State, Zip]
(512) 244 -9620 [Telephone Number]
(512) 244 -9623 [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.
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
o:\Prop Eng 02 \02 -5086 Agreement.doc
5
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.
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.
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
o•'Prop Eng 02\02 -5086 Agreement doc
ARTICLE 12
CHANGES IN WORK
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
6
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.
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.
o:Nrop Eng 02\02 -5086 Agrcement.doc
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.
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o:Wrop Eng 02\02 -5086 Agrccmentdoc
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this 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.
(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
8
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.
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
o:\Prop Eng 02\02 -5086 Agreement.doc
9
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.
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Agreement is in effect minimum insurance coverage in the 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, minimum insurance coverage in
the amount of One Million Dollars (51,000,000.), 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
o.Nrop Eng 02\02 -5086 Agreement.doc
ARTICLE 26
INSURANCE
10
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:
(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)
(5)
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
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.
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.
(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.
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.
o:\Prop Eng 02\02 -5086 Agreement doc
11
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.
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.
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.
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
o:\Prop Eng 02\02 -5086 Agreement.doc
ARTICLE 28
SUCCESSORS AND ASSIGNS
ARTICLE 29
SEVERABILITY
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
ARTICLE 33
ENGINEER'S ACCOUNTING RECORDS
ARTICLE 34
NOTICES
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
A. William Waeltz, P.E.
Branch Manager
Baker - Aicklen & Assoc., Inc.
203 East Main Street, Suite 201
Round Rock, TX 78664
ARTICLE 35
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.
(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.
ARTICLE 36
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he /she has executed this 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.
o:\Prop Eng 02\02 -5086 Agreement.doc
13
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.
'12.- 03 - D1-25 -10D1 approved by the City Council on the air day of the month of
`et iuu a.Y( 200.3 , and Engineer, Bale e r- A-i o d e l 9 f-SOC. signing by
and throughs/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, TE
By:
ATTEST:
By:
City Secretary
ENGINEER:
o.\Prop Eng 02102-5086 Agreement doc
a/
ature of Princ
Printed Name: A. Wi�° Waeltz, P. E.
ATTEST:
By:
Corporate Secretary
R:\@dhalden\Downtown sts agr-GO bond 2001- bakerAick.doc
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"
o:\Prop Eng 02'02.5086 Agreement.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
LIST OF EXHIBITS ATTACHED
15
oAProp Eng 02\02 -5086 Agreement doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT A
"Services to be Performed by City."
1. The City shall provide to the engineer, without charge, copies as needed of all available maps,
plans, as -built drawings, previous survey information and any other information relevant to the
project and/or project area.
2. The City shall provide "Right of Entry" (Landowner permission) if necessary for the Engineer
or his subconsultants to access private property for right -of -way and design surveys or other
reasons to perform the work.
3. The City shall schedule and coordinate all public meetings.
4. The City shall meet with the Engineer on a periodic basis to review the progress of the work, to
answer questions from the Engineer, and for the purpose of commenting on the preliminary
design.
5. The City shall substantially clear the trail route (tree limbs, vines, brush, etc.) prior to the tree
survey. Additional areas will be required to be cleared, in order to provide access for truck
mounted drilling rigs, prior to the geotechnical investigation. These additional areas will be
identified in the Preliminary Design Phase.
16
PROJECT DESCRIPTION
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT B
"Services to be performed by the Engineer."
Provide engineering and surveying services for the design of a trail system. The limits of the trail are
generally depicted on the attached map. A topographical and tree survey will be provided. Unless
otherwise determined between the City and Engineer during the work, the design will be based upon an
8' wide asphalt concrete trail with 1' concrete ribbon curbs on both sides, associated drainage
improvements, two (2) pavilion slabs, and three (3) pre - engineered package pedestrian bridges.
SCOPE OF SERVICES
A. Topographic Design Survey
Baker - Aicklen will commission an aerial topographic survey of the project area, using Sanbom
Mapping as a subconsultant for the photogrametric services. Ground control for the aerial
survey will be provided by Baker - Aicklen surveyors using GPS equipment. The aerial mapping
will produce color digital orthophotography of the site as well as a digital one -foot interval
contour map. This contour map will also show all visible planimetric features such as fences,
structures, etc. located within the 800 -foot wide corridor to be mapped. Additionally, Greenlawn
Park and Bradford Park have been added to the Brushy Creek Tail aerial topographic survey.
After a general route for the trail has been selected and marked on- the -ground by using the
above - described aerial mapping, it is anticipated that a corridor along the field marked route will
be cleared by City of Round Rock subcontractors, so that a detailed, ground based, topographic
and tree location survey can be conducted along the proposed route.
This survey will locate, within a 30 -foot wide corridor, all trees of 6" caliper or greater, and
profile elevations will be taken at 50 -foot intervals along the centerline of the proposed tract.
A digital tree location map and centerline profile of the 30 -foot wide corridor will be the final
deliverable for this phase of the project.
B. Project Coordination/Preliminary Design
1. Attend Project Coordination meetings with the City to discuss project goals and
requirements. Limited to ten (10) meetings.
2. Attend public meetings as requested by the owner. Limited to ten (10) meetings.
o:\Prop Eng 02\02 -5086 Agreement.doc
17
3. Assist the City and landscape architect with the assembly, development and review of the
schematic design for the proposed trail route.
4. Assist the City with the field location of the proposed trail route, prior to tree survey.
5. Coordinate receiving construction drawings, specifications, and contract documents from
the landscape architect, structural engineer and compile under one cover sheet.
6. Retain a geotechnical engineer for pavement recommendations and soil analysis for three
(3) sets of bridge abutments for a package pedestrian bridge.
7. Identify the "Ordinary High Water Marks" as defined by the Army Corps of Engineers.
C. Trail System Design
1. Dimensional Control Plan
a. Prepare a dimensionally accurate site plan with centerline stationing, coordinate
points and curve data, as required.
b. Prepare typical cross - sections of the proposed trail.
2. Site Grading & Drainage Plan
a. Prepare plan view grading plan which has 1' contours with sufficient spot
elevations, top of wall elevations, and finish floor grades. The grading plan will
be ADA/TDLR compliant, where practical.
b. Develop and analyze an overall drainage plan which includes runoff calculations
(Rational Method) for drainage areas discharging to the trail systems. (This does
not include Watershed Hydrology Modeling.)
c. Design culverts, drainage structures and improvements to contributing drainage
channels. (This does not include Hydraulic Modeling.)
d. Identify 100 -year ultimate flood plain per FEMA.
3. Erosion Control and Sedimentation/Tree Protection Plan
a. Prepare erosion control and sedimentation plan, which includes the location of silt
fences, rock berms, erosion blankets and inlet protection, as required.
b. Prepare tree protection plan for protected trees in accordance with the City of
Round Rock landscape ordinance.
4. Construction Details and Standards
a. Prepare construction details and standards in order to relay sufficient detail for
constructability.
5. Structural Design
a. Retain and coordinate with structural engineer for the design of abutments for
three (3) package pedestrian bridges.
b. Retain and coordinate with structural engineer for the design of two (2) 20' x 20'
pavilion slabs.
* The trails system design does not include any utility design. (Water /wastewater, electric,
gas, phone or cable, etc.)
o•\Prop Eng 02 \02 -5086 Agreement doe
18
•
D. Permitting/Address Review Comments/Processing (Submittal/Processing Fees are not included.)
1. Secure Corp of Engineers/FEMA permits and/or approvals, as required.
2. Retain independent ADA/TDLR reviewer to secure approval for ADA/TDLR.
(Variances are not included, if required.)
3. Address review comments /secure approvals from City of Round Rock's PARD, D.R.C.
and Public Works (2 submittals).
4. Prepare EPA SWPPP and assist the owner and contractor with the submission of Notice
of Intent.
E. Bidding Phase
1. Prepare quantity take -offs. (Civil items only.)
2. Prepare Engineer's opinion of probable construction cost. (Civil items only.)
3. Prepare final bidding documents /contract documents.
4. Advertise project in local newspapers.
5. Distribute plans and specifications to prospective bidders (Plans and Specifications
reproduction and distribution costs are to be considered reimbursable expenses).
6. Schedule and attend pre -bid conference.
7. Answer contractor's questions and issue addenda, if required.
8. Compile and analyze bid tabulations and submit recommendations for award of contract.
F. Limited Construction Phase Services
1. Assist in pre - construction conference.
2. Review shop drawings, samples, schedules and submittals.
3. Interpret drawing and specifications.
4. Perform periodic site visits to observe construction for general conformity to the contract
documents (not full-time representation). Limited to twelve (12) site visits.
5. Review contractor's pay estimates.
6. Prepare final punch list.
7. Issue Contractor's Certificate of Completion.
8. Prepare "As- built" drawings.
9. Attend bi- monthly construction progress meetings. Limited to twelve (12) meetings.
ADDITIONAL SERVICES AVAILABLE IF REQUESTED
(Not included in the Scope of Services)
A. Watershed Hydrology Modeling (HEC -HMS)
B. River Analysis Hydraulic Modeling (HEC -RAS)
SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES
A. Structural design not identified in Scope of Services above, (walls over three feet in height),
Phase One environmental site assessments, wetlands issues, trench safety design, landscape
plans, and T.I.A. reports, if required, and fees charged by the City.
o.\Prop Eng 02\02 -5086 Agrcementdoc
19
A
o:\Prop Eng 02\02 -5086 Agreement.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT C — WORK SCHEDULE
Brushy Creek Trail East '
ID
Task Name Duration Start
4th Quarter
1st Quarter ! 2nd Quarter ■ 3rd Quarter , 4th Quarter 1st Quarter ■ 2nd Quarter 1 3rd 0
Finish Oct i Nov 1 Dec
Jan 1 Feb i Mar I Apr I May [ Jun 1 Jul I Aug I Sep I Oct TNov 1 Dec 1 Jan I Feb 1 Mari Apr I May j Jun I Jul
Brushy Creek Trail East 346 days Fri 1/24103 Frl 5/21/04
Notice to Proceed 1 day Fri 1/24/03 Fri 1/24/03
Topographic /Tree Survey 75 days Mon Fn 5/9/03
Project Coordination 180 days Mon 1/27/03 Fri 10/3/03
Preliminary Design 90 days Mon 1/27/03 Fri 5/30/03
Trail System Design 60 days Mon 6/2/03 Fn 8/22/03
Permitting /Review Comments/Processinc 30 days Mon 8/25/03 Fri 10/3/03
Bidding Phase 30 days Mon 10/6/03 Fri 11/14/03
Notice of Award 1 day Mon 11/17/03 Mon 11/17/03
Notice to proceed 14 days Tue 11/18/03 Fri 12/5/03
,
124
1
2
3
/A 8 Sanborn
CORR,B /A,H -B
4
—•
i
ORR,B /A,H- B,Trinity
5
1 — /A,H -B,PKB
6
— ORR,B /A,H -B,PKB
7
ORR,B /A,H -B
1/17
n- =IA
8
9
10
Construction Phase 120 days Mon 12/8/03 Fri 5/21/04
milliEllimo Contractor
11
Project: Brushy Creek Trail East
Work Day Schedule (eg., Not A
Calendar Day Schedule)
Task: I I Summary ■ Rolled Up Progress Project Summary
Progress Rolled Up Task I I Split Group By Summary 1 11 11 1. .
_
Milestone . Rolled Up Milestone Q External Tasks �' ; ,.' ' „ .';;ij
o:\Prop Eng 02\02 -5086 Agreement.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT D — FEE SCHEDULE
DIRECT COSTS:
DIRECT
LABOR
OVERHEAD
PERCENTAGE
TOTAL
LABOR & OH
FIXED
FEE
TOTAL
COST
LABOR COSTS: *
157
12%
TOPOGRAPHIC DESIGN SURVEY
$15,292.00
$24,008.44
$39,300.44
$4,716.05
$44,016.49
ENGINEERING SERVICES
$30,263.00
$47,512.91
$77,775.91
$9,333.11
$87,109.02
TOTAL LABOR COST:
$45,555.00
$71,521.35
$117,076.35
$14,049.16
$131,125.51
DIRECT COSTS:
RATE
QUANTITY
TOTAL
REPRODUCTION:
Copies 8.5" x 11"
$0.35
300
$105.00
Copies 24" x 36"
$1.50
100
$150.00
Subtotal
$255.00
WILLIAMSON COUNTY COURTHOUSE REPRODUCTION:
Copies 8.5" x 11"
$1.00
150
5150.00
Copies 18" x 24"
$3.00
20
560.00
Subtotal
$210.00
TOTAL EXPENSES
$465.00
$465.00
SUBCONSULTANTS
Geotechnical Investigation:
Trinity Engineering/Kleinfelder
$12,250
Construction Materials Testing and Inspection:
Trinity Engineering/Kleinfelder
**
$20,000.00
Structural Engineer:
Paul Koehler Brown
$8,000.00
Aerial Mapping:
Sanbom
$9,100.00
Subconsultant Markup (10 %)
$4,935.00
TOTAL SUBCONSULTANTS
$54,285.00
554,285.00
TOTAL DIRECT COSTS:
$54,750.00
Total Labor Cost: $131 ,125.51
** Budget amount, not to be considered a maximum.
Total Direct Cost: $54,750.00
Total Project Cost: $185,875.51
o.4P op 02402.5086 BrshyCrkTrdManhoorals
A manhour estimate is attached behind this page for reference only.
City of Round Rock Agreement
For Engineeering & Surveying Services with
Baker - Aicklen & Associates, Inc.
Brushy Creek Trail East
TOPOGRAPHIC DESIGN SURVEYS
SCOPE OF SERVICES
RPLS
SST
GPS1
GPS2
PC
IM
RM
DM
TOTAL
A. Topographic Design Survey:
Baker - Aicklen will commission an aerial topographic survey of the project area, using Sanborn Mapping as
a subconsultant for the photogrametric services. Ground control for the aerial survey will be provided by
Baker - Aicklen surveyors using GPS equipment. The aerial mapping will produce color digital
orthophotography of the site as well as a digital one -foot interval contour map. This contour map will
also show all visible planimetric features such as fences, structures, etc. located within the 800 -foot wide
corridor to be mapped.
After a general route for the trail has been selected and marked on- the - ground by using the above -
described aerial mapping, it is anticipated that a corridor along the field marked route will be cleared by
City of Round Rock subcontractors, so that a detailed topographic and tree location survey can be
conducted along the proposed route.
27
26
20
40
40
40
173
This survey will locate, within a 30 -foot wide corridor, all trees of 6" caliper or greater, and profile elevations
will be taken at 50 -foot intervals along the centerline of the proposed tract.
A digital tree location map and centerline profile of the 30 -foot wide corridor will be the final deliverable
for this phase of the project.
30
90
240
240
240
840
3. Assist the City and landscape architect with the assembly, development and review, of the schematic
design for the proposed trail route.
5
40
50
95
Total Manhours
57
116
16
280
280
280
1013
ENGINEERING
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
B. Project Coordination/Preliminary Design:
1. Attend Project Coordination meetings with the City to discuss project goals and requirements. Limited to
ten (10) meetings.
20
20
2. Attend public meetings as requested by the owner. Limited to ten (10) meetings.
20
20
3. Assist the City and landscape architect with the assembly, development and review, of the schematic
design for the proposed trail route.
5
40
50
95
4. Assist the City with the field location of the proposed trail route, prior to tree survey.
16
8
24
MANHOUR ESTIMATE
Brushy Creek Trail East
City of Round Rock
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
5. Coordinate receiving construction drawings, specifications, and contract documents from the landscape
architect, structural engineer and compile under one cover sheet.
16
16
16
48
6. Retain a geotechnical engineer for pavement recommendations and soil analysis for three (3) sets of bridge
abutments for a package pedestrian bridge.
8
8
7. Identify the "Ordinary High Water Marks" as defined by the Army Corps of Engineers.
2
16
16
34
C. Trail System Design:
1. Dimensional Control Plan
a. Prepare a dimensionally accurate site plan with centerline stationing, coordinate points and curve
data as required.
2
16
40
58
b. Prepare typical cross - sections of the proposed trail.
1
2
5
8
2. Site Grading & Drainage Plan
a. Prepare plan view grading plan which has 1' contours with sufficient spot elevations, top of wall
elevations, and finish floor grades. The grading plan will be ADA/TDLR compliant, where practical.
2
35
70
107
b. Develop and analyze an overall drainage plan which includes runoff calculations (Rational Mehtod) for
drainage areas discharging to the trail systems. (This does not include Watershed Hydrology
Modeling.)
3
40
80
123
c. Design culverts drainage structures and improvements to contributing drainage channels. (This does
not include Hydraulic Modeling.)
2
24
40
66
d. Identify 100 -year ultimate flood plain per FEMA.
1
16
8
25
3. Erosion Control and Sedimentation/Tree Protection Plan
a. Prepare erosion control and sedimentation plan, which includes the location of silt fences, rock berms,
erosion blankets and inlet protection, as required.
1
8
20
29
b. Prepare tree protection plan for protected trees in accordance with the City of Round Rock landscape
ordinance.
1
8
20
29
4. Construction Details and Standards
a. Prepare construction details and standards in order to relay sufficient detail for construtibility.
1
8
40
49
5. Structural Design
a. Retain and coordinate with structural engineer for the design of abutments for three (3) package
pedestrian bridges.
1
6
10
17
b. Retain and coordinate with structural engineer for the design of two (2) 20' x 20' pavilion slabs.
1
4
6
11
D. Permitting/Address Review Comments/Processing (Submittal/Processing Fees are not included):
1. Secure Corp of Engineers/FEMA permits and/or approvals, as required.
4
80
40
124
2. Retain independent ADA/TDLR reviewer to secure approval for ADA/TDLR. (Variances are not included
if required.)
1
4
5
3. Address review comments /secure approvals from City of Round Rock's PARD, D.R.C. and
Public Works (2 submittals).
2
16
24
42
4. Prepare EPA SWPPP and assist the owner and contractor with the submission of Notice of Intent.
2
24
10
36
SCOPE OF SERVICES
PE
PD
EA
SCT
ECT
ADM
TOTAL
E. Bidding Phase:
1. Prepare quantity take -offs. (Civil items only.)
1
16
30
8
55
2. Prepare Engineer's opinion of probable construction cost. (Civil items only.)
1
16
17
3. Prepare final bidding documents /contract documents.
8
24
32
4. Advertise project in local newspapers.
1
4
5
5. Distribute plans and specifications to prospective bidders (Plans and Specifications reproduction and
distribution costs are to be considered reimbursable expenses).
1
4
16
21
6. Schedule and attend pre -bid conference.
3
3
6
7. Answer contractor's questions and issue addenda, if required.
1
4
6
11
8. Compile and analyze bid tabulations and submit recommendations for award of contract.
1
8
16
25
F. Limited Construction Phase Services:
1. Assist in preconstruction conference.
2
2
4
2. Review shop drawings, samples, schedules and submittals.
2
24
26
3. Interpret drawing and specifications.
2
16
18
4. Perform periodic site visit to observe construciton for general conformity to the contract documents
(not full time representation). Limited to twelve (12) visits.
12
12
24
5. Review contractor's pay estimates.
12
24
36
6. Prepare final punch list.
4
16
4
24
7. Issue Contractor's Certificate of Completion.
1
2
3
6
8. Prepare "As- built" drawings.
1
3
24
2
30
9. Attend bi-monthly construction progress meetings. Limited to twelve (12) meetings.
12
12
24
0
Total Manhours
108
578
557
99
1342
PE Project Engineer
SCT Senior CAD Tech
RPLS Registered Professional Land Surveyor
GPS 2 GPS Operator 2
o:\Engineer02 prop \02 agreement
PD Project Designer
ECT Engineering CAD Tech
SST Senior Survey Tech
PC Party Chief
IM Instrumment Operator
EA Engineering Assistant
ADM Administrative
GPS GPS Operator 1
RM Rodman
Brushy Creek Trail East
City of Round Rock
ENGINEERING Manhours Salary Direct Labor Cost
Project Engineer 108 $38.00 $4,104.00
Project Designer
Engineering Assistant 578 $25.00 $14,450.00
Senior CAD Tech
Engineering CAD Tech 557 $18.00 510,026.00
Administrative 99 $17.00 $1,683.00
Subtotal 1342 530,263.00
TOPOGRAPHIC DESIGN SURVEYS
MANHOUR SUMMARY
Reg Prof Land Surveyor 57 $36.00 $2,052.00
Senior Survey Tech 116 $20.00 $2,320.00
GPS Operator 1
GPS Operator 2
Party Chief 280 $15.00 54,200.00
Instrument Operator 280 $13.00 $3,640.00
Rodman 280 $11.00 $3,080.00
Administrative
Subtotal 1013 $15,292.00
T. ,. t r . ' M1 ` «. yv 1:k.,.,;>, . ._.._..« 06 (N �RVOOMI
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GREATER TEXAS INS . AGENCY
9809 Anderson Mill Rd
Austin, TX 78750
D 1 D A
THIS AND C RIH -A-MATTER GHTS INFORMATION THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
O]MMNY
A UNION STANDARD INSURANCE COMPANY
SISURED
BAKER-AICKLEN & ASSC. INC
203 EAST MAIN SUITE 201
ROUND ROCK, TX 78664
r , .. —^-
8
mMPANr
C
COA0AAN
0
THISG TO THAT THE POLICIES OF INSURANCE USTED BELOW HAVE
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
cEFRIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
OCCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OF ANY CONTRACT OR OTHER DOCUMENTWTTH RESPECT TO WHICH THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
BEEN REDUCED BY PAID CLAIMS.
LTR TOT OF IXSUMNCE
Statics 'Ma'am HE.
E E
OATS (MWDS/T5)
p N
DATE
UMT TS
OETIERAL LIABILITY
TP1789812 -22
_ ._
03/20/02
03/20/03
GENFiWAGGREaATE
5 1.000,000
A X
COMMERCML GENERAL u
PppouciS- ODABRN'AGG
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1 THEPRDPIiETORT
oMER
0Q/18/21902 TUB 13 :28 FAX 5123319950 GREATER TEXAS INSURANCE
U001/001
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
UM Insurance Services, Inc.
1946 S. I11-35, Suite 301
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
DATE DATE
LTR
01/15/2003 14:48 15124439669
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
WORKER'S COMPENSATION AND EMPLOYER'S LIABLLITY
OTHER Professional Liability
A AEE0227058
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attn: Chi Martinez
O: \a dox \FORMS\corr \unl\00033547.DOC
COMPANIES AFFORDING COVERAGE
A. Security Ins. Co. of Hartford
05/21/02 05/21/03
USI INSURANCE AUSTIN PAGE 01
Title:Sal Executive
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT $
DISEASE - POLICY LIMIT 5
Date•01 /15/03
Austin, Texas 78704 B.
(512) 443 -0878
INSURED C
Faker- Aicklen & Associates
203 E. Main Street, Suite 201 D.
Round Rock, TX 78664
THIS IS TO CERTIFY THAT the Insured named above es insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
by the companies, and further hereinafter described. Exceptions to the policies are noted below.
GENERALAOOREOATE $
PRODUCTS - COMP /OP AGO 5
PERSONAL & ADV. INJURY S
EACH OCCURRENCE
EIRE DAMAOE (Any one fire) S
MED. EXPENSE (Any one person)$
COMBINED SIMILE LIMIT $
BODILY INJURY (Per person) $
BODILY 1NJVRY (Per accident) S
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
Per Claim: $1,000,000
Annual Aggregate 91,000,000
DESCRIPTION OP OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS /EXCEPTJONS
Prof. Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of the insured. The limit will
be reduced by payment of indemnity and expense.
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
SI 0 r AUTHORIZED REPRESENTATIVE
T) d Nay!
Jim Jimmerson
! ,: 1 •
o:\Prop Eng 02\02 -5086 Agreement doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT E - WORK AUTHORIZATIONS
o.\Prop Eng 02\02 -5086 Agreement doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING & SURVEYING SERVICES WITH
Baker - Aicklen & Associates, Inc.
RE: Brushy Creek Trail East
EXHIBIT F — CERTIFICATES OF INSURANCE