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R-03-01-23-10D2 - 1/23/2003City Manager Jim Nose City Attorney Stephan L Sheets PURPOSE. PASSION. PROSPERI February 27, 2003 Mr. Tim Bargainer Vice President Hall /Bargainer, Inc. 400 West Main Street, Suite 220 Round Rock, TX 78664 Dear Mr. Bargainer: The Round Rock City Council approved Resolution No. R- 03- 01 -23- 10D2 at their regularly scheduled meeting on January 23, 2003. This Resolution approves the agreement for Consulting Services for ' planning services associated with the Brushy Creek East Trail. Enclosed is a copy of the Resolution and original change order for your files. If you have any questions, please do not hesitate to contact James Hemenes at 341 -3345. S i cerely, Mayor Nyle Maxwell Mayor Pro-tem Christine R. Martinez Tom Nielson City Secretary Council Members Alan McGraw Carrie Put Enclosure Scot Knight Isabel Gailahan Gary Coe CITY OF ROUND ROCK Administrative Dept.. 221 East Main Street • Round Rock. Texas 78664 Phone 512 218 5400 • Fax. 512 2t8 7097 • www.ci.round- rock.tx us RESOLUTION NO. R- 03- O1- 23 -1OD2 WHEREAS, the City of Round Rock desires to retain planning services associated with the Brushy Creek East Trail, and WHEREAS, Hall /Bargainer, Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Hall /Bargainer, 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 Consulting Services with Hall /Bargainer, Inc., for planning 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, 203. CHRISTINE R. MARTINEZ, City Secretary t,ODMA \WORLDO \O \WDOX \ RSSOLUTI \R301 2302.WPD /e MO NYL rtr EL Mayor City of Round Rock, Texas CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES WITH HALL /BARGAINER, INC. THIS AGREEMENT is made and entered into on this the day of the month of , 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 Hall/Bargainer, Inc., whose offices are located at 400 West Main Street, Suite 220, Round Rock, Texas 78664 (hereinafter referred to as "Consultant "). WHEREAS, City desires to contract for Consultant's assistance in conducting preliminary routing of the Brushy Creek East Hike and Bike Trail system, and in preparing documents in order to construct the Brushy Creek East Hike and Bike Trail system, and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: RECITALS: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for fourteen (14) consecutive months from the effective date hereof, with ability to renew and extend only by express written agreement of the parties. 1.02 GENERAL CONDITIONS The General Conditions contained herein shall apply to the Proposal for Services, attached hereto as Exhibit "A" and made a part hereof of all appropriate purposes. This Agreement and such Proposal for Services is entered into by and between the City of Round Rock or its subsidiaries or affiliates (collectively "City ") and Hall /Bargainer, Inc. or any entity directly or indirectly owned or controlled by same (collectively "Hall /Bargainer "). o val.A coax prp„m41011-0007 a rn,i, EXHIBIT A .. 1.03 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its Proposal for Services for the assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and is labeled as Exhibit "A." Such Proposal for Services is deemed to incorporate the General Conditions contained herein. Except with respect to the description of specific services and fees for the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms therein. Taken together with the appended Proposal for Services, the General Conditions contained in this Agreement shall evidence the entire understanding and agreement between the parties and supersede any prior proposals, correspondence or discussions. 1.04 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and under Exhibit "A." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with these General Conditions and this Agreement, in accordance with the appended Proposal for Services, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Basic Services: In consideration for the consulting services to be performed by Consultant, City agrees to pay Consultant the following sum(s) as stated herein: Basic Services $74,977.06 Reimbursable Expenses Not to exceed $ 3,500.00 Total $78,477.06 Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council Resolution, Consultant's total compensation hereunder shall not exceed $78,477.06 including any Reimbursable Expenses. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement hereto. Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon Project claims, whether paid by City or denied. Supplemental Agreements. The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council Resolution, if City determines that 2 there has been a significant change in (1) the scope, complexity, or character of the services to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being fourteen (14) consecutive months from the effective date hereof. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.06 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: Fourteen (14) consecutive months from date of execution hereof, and in reasonable conformity to the estimated schedule delineated on Exhibit "C." 1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 3 Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall not exceed the maximum sum of $3,500.00. City shall pay Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual cost. Customary reimbursable expenses shall include such items as the following: a. Reprographic Services; b. Postal /delivery services (as necessary to complete services in a timely manner); c. Non -local transportation at the rate of $0.36 per mile; d. Long- distance telecommunications; e. Cost of maps, surveys, drawings, and reports necessary to complete services; and f. Cost of obtaining permits, if any. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, 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 performance or services, whichever is later. Consultant 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: 1. There is a bona fide dispute between City and Consultant conceming the services performed that causes the payment to be late; or 2. The terms ofa federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier concerning the services performed which causes the payment to be late; or 4. The invoice is not mailed to City in strict accordance with instructions, if any, on any purchase order or this Agreement. 1.09 NON - APPROPRIATION This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then- current fiscal year. 4 1.10 TERMINATION OR DEFAULT Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. Unless otherwise specified herein, all plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new consultant for continuation of services on the Project, Consultant shall cooperate in providing information. Default. Nothing contained in the preceding paragraph shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.11 CITY'S RESPONSIBILITIES Full information. City shall provide full information regarding Project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required, if any, to enable Consultant to provide the services called for. City shall cause its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directions provided by City and its employees and agents concerning provision of services. Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other tests, reports and inspections which are or may be required by law or Project documents. 5 1.12 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 1. Consultant has the right to perform services for others during the term of this Agreement; 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 4. Consultant or its employees or subcontractors shall perform the services required by this Agreement. City shall not hire, supervise, or pay any assistants to help Consultant; 5. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; 6. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement, and 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS Each party shall take reasonable measures to preserve the confidentiality of any proprietary or confidential information provided to it in connection with this engagement, provided that no claim may be made for any failure to protect information that occurs more than two (2) years after the termination or expiration of this Agreement. At the conclusion of the engagement, upon written request, each party shall retum to the other all materials, data and documents that have been provided to the other party, except that Consultant may retain one (1) copy of City's materials for its archival purposes, subject to Consultant's confidentiality obligations hereunder. City shall retain ownership of all data and materials provided by it to Consultant. Original drawings shall remain the property of Consultant. Consultant shall provide City with one (1) signed set of reproducibles and one (1) full set of digital file copies. 6 1.14 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of this Agreement and the appended Proposal for Services, then and in that event City shall give written notification to Consultant; thereafter, Consultant shall either (a) promptly re- perform such services to City's satisfaction at no additional charge, or (b) promptly refund the portion of the fees paid with respect to such services. In the event that re- performance of services or refund of applicable fees would not provide an adequate remedy to City for damages arising from the performance, nonperformance or breach of this Agreement and the appended Proposal for Services, then and in that event Consultant's maximum total liability, including that of any employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall be limited to direct damages in an amount not to exceed the total fees payable under this Agreement. The foregoing limitation of liability shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors, or from bodily injury, death of any person, or damage to any real or tangible personal property. Neither party shall be liable for any indirect, special or consequential damages. 1.15 INDEMNIFICATION Consultant agrees to hold harmless, defend, and indemnify City for and from any third party claim or liability (including reasonable defense costs and attomeys' fees) to the extent arising from or in connection with the negligence of Consultant or its employees or agents in the course of performing services. The limitation of liability set forth in Section 1.14 herein applies to Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any person, of damage to any real or tangible personal property. Except to the extent that Consultant is obligated to indemnify City, City shall indemnify and hold Consultant, its employees, affiliates or agents harmless from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the services performed by Consultant or City's use thereof. 1.16 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of Five Hundred Thousand Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. 7 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. As an alternative, Consultant may include its subconsultants as additional insureds on its own coverages as prescribed under these requirements. Consultant's certificate of insurance shall note m such event that the subconsultants are included as additional insureds. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives 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 Consultant. (3) Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, 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 future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Consultant 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. 8 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit "B" entitled "Certificates of Insurance." 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant 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. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, 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. 1.19 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 1.20 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf; or 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 9 1.21 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Hall/Bargainer, Inc. 400 West Main Street, Suite 220 Round Rock, TX 78664 Notice to City: City Manager 221 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Williamson County, Texas; 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 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. 1.23 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 1.24 DISPUTE RESOLUTION AND TO: If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. Ifthe parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute 10 City Attorney 309 East Main Street Round Rock, TX 78664 or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attomey fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1 - 14) or any applicable state arbitration statute. 1.25 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions ofthis section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.26 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed Project schedule will constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. CITY OF ROUND ROCK, TEXAS ATTEST: By: Nyle Maxwell, Mayor Christine R. Martinez, City Secretary Date Signed: Date Signed: 11 HALL/BARGAINER, INC. J ✓ By: l/ U Tim . Bargainer Vice President Date Signed: ( 8 (' ATTACHMENTS Exhibit "A ": Proposal for Services Exhibit `B ": Certificates of Insurance Exhibit "C ": Schedule of Tasks Exhibit "D ": Scope and Manhour Estimates 12 EXHIBIT "A" PROPOSAL FOR SERVICES A. ROUTE STUDY/PROJECT COORDINATION Site analysis /inventory. Route identification with City and Engineering Consultant. Identify opportunities and constraints. Base plan to be prepared by Engineering Consultant. B. PRELIMINARY DESIGN Prepare preliminary design for the Project based on route study and meetings with City representatives, regulatory agencies and stakeholders (H.O.A.$) along entire length of trail. • Identify and address new opportunities and constraints. • Address concerns and subsequently develop consent through a series of H.O.A. /stakeholder meetings. • Prepare Preliminary Opinion of Probably Construction Costs, including appropriate escalation factors and contingencies for landscape architectural elements (with Engineering Consultant). • Prepare preliminary routing plan for City Council meeting. • Presentation to City Council. C. CONSTRUCTION DOCUMENTS • Prepare landscape architectural drawings to establish size, shape, dimensions, and capacity of the work. Drawings shall include but not be limited to the following: cover, general construction notes, site, demolition, layout, landscape, irrigation and site detail plans. • Prepare specifications to compliment landscape architectural drawings which describe the materials, systems and equipment, workmanship, quality and performance criteria required for the bidding/negotiating and construction of the work. • Prepare Opinion of Probably Construction Costs, including appropriate escalation factors and contingencies for landscape architectural elements (with Engineering Consultant). 13 • Identify all construction items necessary and feasible for the trail to satisfy City's criteria (with Engineering Consultant). All remaining elements shall be identified as add alternates during bidding and negotiation phase, prior to contract award. D. REGULATORY DOCUMENTS • Address City, regulatory and/or accessibility comments as required. • Coordinate plan revisions and documentation for permitting with Engineering Consultant. • Finalize bid documents and provide bid tabulation information (with Engineering Consultant). E. BIDDING AND NEGOTIATION • Attend pre -bid meeting. • Consider requests for substitutions, where appropriate, and prepare and distribute addenda to prospective bidders. • Prepare addenda and provide clarification for bidders. • Assist City in obtaining and evaluating bids, bid tabulation and/or recommendations for selection by City. F. CONSTRUCTION OBSERVATION • Perform periodic site visits as requested by City and at intervals appropriate to the state of construction to monitor the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work, when complete, will be in accordance with the Contract Documents. • Review and respond to requests for information from the Contractor. • Review shop drawings, submittals, and mock -ups and maintain a record of such communication and documents. • Attend required meetings with regulatory agencies, including pre - construction and post- construction conferences scheduled with regulatory inspectors or any other regulatory reviewers assigned to this Project. • Conduct inspections of the work in order to determine the date of substantial completion, and verify the satisfactory completion of the Project in accordance with the Contract Documents. 14 • Assist City in completing the close -out documentation necessary to conclude the construction phase of the Project, including preparation of a Letter of Concurrence for City upon successful completion of the Project. TOTAL FOR THE ABOVE DELINEATED SERVICES $74,977.06 15 Post -lr Fax Note 7671 ' D Ca I _ / S `PIP' 1 Tor. ,.... 4 From 0 AY. t-• / /tom. J1 IA, Ph�nt0 -21. "I^Sp0 Z , Fan # t. . .. D'1 00 JAN -15 -2003 01:28 LERTZOW 8 ASSOCIATES CERTIFICATE OF LIABILITY:INSURANCE PRODUCER Leatzow t Associates, Inc. 247 Bryant Ave_ Glen Ellyn, IL 60137: INSURED Hall /Bargainer, Inc. 400 W. Main, #220 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 descr 4or 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. GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER N/A N/A N/A WORKER'S COMPENSATION ANT/EMPLOYER'S LIABILITY N/A A Liabil� 22,332150 DESCRIPTION OF OPERAT.IONS/LOCATI Ns/VEHICLES/SPECIAL ITEMS/EXCEPTIONS COMPANIES AFFORDING COVERAGE A. Lexington Insurance Co. 13. C. D. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE 7/22/02 6/02/03 • $1,000,000 limit & a•- re. ate * No additional insureds added to professional liability policy The City of Round Rock is named asialid itional 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 certifiFate holder named below. CERTIFICATE HOLDER: dry of Round Rock SIGNATURE OF AUTHORIZED ,3 E NTATIVE 221 E. :Main Street Round Rock, Texas 78664 Atm: Christine Martinez O . \wdaz\FORMS■cae•nINOe33547.DOC Typed Name-. • 1.,n Tie: Pres GENERAL AGGREGATE PRODUCTS - COMP /OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) P.01 - Date: 1/15/03 S S S S S MED. EXPENSE (Any one persan)5 COMBINED SINGLE LIMIT 5 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 3 PROPERTY DAMAGE 3 FACT'S OCCURRENCE S AGGREGATE 6 STATUTORY LIMITS EACH ACCIDENT 5 DISEASE - POLICY LIMIT 5 DISEASE - POLICY LIMIT S TOTAL P.01 JAN -15 -2003 01r28 LERTZOW R. ASSOCIATES CERTIFICATE OF LIABILITY.`INSURANCE PRODUCER Leatzow & Associates, Inc. 247 Bryant Ave_ Glen Ellyn, IL 60137 INSURED C. Hall /Bargainer, Inc. 400 W. Main, #220 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 LTR DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY N/A N/A N/A WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY • • • N/A OTHER E ro b fe l ss t t.onal la 1 i y 22332150 7/22/02 6/02/03 )ESCRIPTION OF OPERATTONS/LOCA 'NS/YaHICLES/SPECLAL rrEMS/EXCEPTTONS No additional insureds added to professional liability policy the City of Round Rock is named aslaliditional insured with respect to all policies except Workers' Compensation and Employers' Liability. Mould any of the above described policies be cancelled or changed before the dxpirationkdate thcrco£ the issuing company will mail thirty 30) days written nonce to the certifipde holder named below. :ERTLFICATEHOLDER: dity ofRound Rock 221 E.'Mnin Street Round Rock, Texas 78664 lisn: Christine Martinez I.twdax‘EORM SteorcLmM60336a7.DOC. Post -It• Fax Note 7671 Data Tu . From - Phone a , — Faxa .57a -R/ & Pllpn a �(S 'ig Fax# • Typed Name: • 1M e a Title: P es ide)tt COMPANIES AFFORDING COVERAGE A. Lexington Insurance Co_ B. GENERAL AGGREGATE S PRODUCTS - COMP /OP AGG. S PERSONAL .@ ADV. IN)URY S EACH OCCURRENCE 5 FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one persan)S COMBINED SINGLE LNt17 2 BODILY INJURY (Per person) S BODILY INJURY (Per aratdcnt) 5 PROPERTY DAMAGE 5 • EACH OCCURRENCE s AGGREGATE s STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - POLICY LIMIT 5 $1,000,000 limit & a••re•ate SIGNATURE OF AUTHORIZED • �• E NTATIVE 41111z r O P.01 Date: 1/15/03 TOTAL P.01 Exhibit "0" BRUSHY CREEK TRAIL EAST SCHEDULE OF TASKS ID 0 Task Name I Duration Stan I Finish 1 1) Route Study /Project Coordination 80 days Fri 1216/02 Thu 3/27/03 2 S a) Nohce fo Proceed (HD/ BA) 0 days Fri 12/8/02 Fri 12/6/02 3 Ea 6) Site analysis /photo Inventory 8 hrs Mon 12/9102 Mon 12/9/02 4 c) Route Identification (HB,BA,CORR) 18 hrs Tue 12/10/02 Wed 12/11/02 5 g d)TOpographrc Survey (Sanborn try /BA_ground) 75 days Fri 12/13/02 Thu 3 /27/03 . 6 g a)) Gaolecnmca/ Study (Trinity) 45 days Fr1 /13/02 Thu 2/13103 7 2) Preliminary Design 31.5 days Mon 12/16/02 Tue 1/28103 8 E3 a) Prepare presentatlonlrevise Use plan per route Identification 56 hrs Mon 12/16/02 Tue 12/24/02 . 9 b)1108 meeting at • 4 hrs Wed 12/25/02 Wed 12/25/02 80 [3 c) HOA meeting 82 4 hrs Thu 12/26/02 Thu 12/28/02 11 S c1)1108 meeting 83 4 hie Fri 12/27/02 Fri 12/27/02 12 E9 e) HOA meeting 84 4 hrs Mon 12/30/02 Mon 12/30/02 13 g 1)605 meeting 85 4 hrs Thu 1/2/03 Thu 1/2/03 14 LS 9) Analysis of HOA/public commenulnpol 4 hie Fri 1/3/03 Frl 1/3/03 15 g 0) Revise p13Wnmary routing plan per comment /input 40 hrs Mon 110/03 Fri 1110/03 16 I) Community consent meeting (9/ ail HOA representatives) 4hrs Mon 1 /13/03 Mon 1 /13/03 17 r3 j) Prepare final prelim routing plan for City Council presentation 56 hrs Tue 1/14/03 Wed 1/22/03 88 [3 k) Preliminary Opinion of Probable Construction Costs 6 hrs Thu 9/23/03 Thu 1/23/03 19 EA 1) City Council presentation 4 hrs Tue 1/28/03 Two 1/28/03 , 20 3) Construction Documents 34.6 days Mon 3/3103 Fri 4/18/03 • 21 N a) 50% design 102 his Mon 3/3/03 Wed 3/19/03 22 S b) Slalus /review 1958 /09 w/ City • 4 Ns Thu 3/20/03 Thu 3/20/03 23 Ea c) 75% design 74 hie , Thu 3/20/03 Wed 412/03 24 [3 d) Slaluslrevlew meeting wl City 4 hrs Thu 4/3/03 Thu 4/3/03 25 r•) e) 100% design/permit drawings 8 specifications 68 hrs Mon 41NO3 • Thu 4/17/03 26 C3 • 1) Prepare Opinion of Probable Construction Costs 4 hrs Fri 4118/03 Fri 4 /18/03 27 4) Regulatory Documentation /Review 39 drys Mon 4/21/03 Thu 8112/03 28 S 811'01' 0 TAS/ADA meow/comma 30 days Mon 4/21/03 Fri 5 /30/03 29 g b) Address comments for permitting , 32 hrs Mon 6/2/03 Thu 6/5/03 30 c) Prepare final permiUbld documents 40 hrs 71/ 6 /6 /03 Thu 602/03 Page 1 Exhibit . C" BRUSHY CREEK TRAIL EAST SCHEDULE OF TASKS ID • 31 32 33 34 35 38 37 38 3 9 40 41 42 O I Teak Name Duration I Start I Finish 6) Bidding /Negotiation 46 days Mon 6116103 Tue 611 a) BMmng 30 days Mon 6/18/03 Fri 7/25/03 [i b) Pre -old mtg. /prepare addenda /provide clarification/or bidders 18 hrs Fd 7/4/03 Mon 7/7/03 • c) Assist. City w/ Bid opening /evaluation /recommendations 2 hrs Mon 7128/03 Mon 7/28/03 • d) Nclrce of Award 0 days Tue 8/5/03 Tue 8/5 /03 e) Noece to Pr0CeeA 0 days Tue 6/10/03 Tue 8 /19/03 6) Genet /action Observation 124 days Tue 6126103 Fri 2/13/04 • a) Ahend pre - construction meeting 3 hrs Tue 8/26/03 Toe 8/28/03 cJ 5) Con5/aa 5>u 120 days Tue 8/28/03 Tue 2/10/04 • c) Periodic Slte VlslleANeeldy meetings (17meetInOs, IA - monthly: 4 ca • 47 hrs Thu 10/9/03 Thu 10116/03 • d) inspection for substantial completion 14 hrs Wed 2/11/04 Thu 2/12/04 3 e) Protect cIgseout/lelter of concurrence 8 hrs Fri 2/13/04 Fri 2113/04 Page 2 Exhibit "D" Scope and Manhour Estimate Task/Subtask -- — Land. -- Desk Desioner 521.00 - -- total Manhours 546.00 Arch. 29.00 1) Route Study/Project Coordination 0 24 0 24 a Site verification/photo inventory 8 b Route identification (HB,BA,CORR) 16 16 2) Preliminary Design .. • 32 61 188 a Prepare presentation/revise base plan per route idenhficai b HOA meeting 11 c HOA meeting 42 d HOA meeting 83 e HOA meeting r4 - f HOA meeting 15 g Analysis of HOA/pubftc comment/input h Revise preliminary routing plan per commentlnput i Community consent meeting (w/ all HOA representatives) (O N N N N N N N N N N N (V N N 2 20 aaa a as a °.a . j Prepare final prelim. routing plan for City Council presentation k Preliminary Opinion of Probable Construction Costs 24 I City Council presentation 3) Construction Documents 24 98 134 256 a 50% design M N M N N a 54 . 102 b Status/review meeting w/ City 4 c75 %design _ 40 74 d Status/review meeting w/ City N 4 e 100% design/permit drawings & specifications 40 66 f Prepare Opinion of Probable Construction Costs 4 4) Regulatory Documentation/Review 0 46 26 72 a Address comments for permitting 16 16 32 b Prepare final permit/bid documents 30 - 10 40 5) Bidding/Negotiation 0 18 0 18 b Pre -bid mtg./prepare addenda/provide ctanfcation for bidders - 16 16 c Assist. City w/ Bid opening /evaluation/recommendations 2 2 6) Construction Observation • 2 47 23 72 a Attend pre-construction meeting 2 1 3 Periodic Site Visits/Weekly meetings (12 meetings, bi- monthly, b 4 called meetings) 2 30 15 ' 47 c Inspection for substantial completion 7 7 14 d Project closeout/letter of concurrence 8 8 Exhibit "D" _ Scope and Manhour Estimate Task!Subtask Manhours Salary Direct Labor Cost 1) Route StudylProject Coordination • - Principal 0 546.00 50.06 Prcject manager /Senior Landscape Architect 24 529.00 5696.00 Designer 0 521.00 50.00 - Subtotal 5696.00 2) Preliminary Design Principal 32 $46.00 51,472.00 . Project manager /Senior Landscape Archii..: 88 529.00 52,552.00 Designer 68 $21.00 51,428.00 Subtotal - 55,452.00 3) Construction Documents Principal 24 546.00 51,104.00 Prcjszt manager /Senior Landscape Architect 98 $29.00 $2,842.00 Designer 134 - 521.00 52,814 00 Subtotal 56,760.00 4) Regulatory Documentation/Review Principal 0 $46.00 $000 Project manager/Senior Landscape Architect 16 $29.00 51,334.00 Designer • 26 $21.00 5546.00 Subtotal 51,880.00 5) Hidding/NeglotlatIon Principal - oho 546.00 50.00 Project manager /Senior Landscape Architect 529.00 5522.00 Designer 521.00 $0.00 Subtotal 5522.00 - 6) Construction observation Principal - 2 - 546.00 59200 Project manager !Senior Landscape Architect - 47 529.00 $1,363.00 Designer 23 521.00 $483.00 Subtotal 51,938.00 TOTAL 517,248.00 Exhibit "D" Scope and Manhour Estimate LABOR COSTS Route Study/Project Coordination Preliminary Design Construction Documents Regulatory Documentation/Review Bidding/Negotiatiun Construction Observation Total Labor Costs Direct Labor 5696.00 55,452.00 56,760.00 51,880.00 5522.00 51,938.00 517,248.00 Overhead !01278% 51,934.86 515,156.56 518,792.80 55,226.40 51,451.16 55,387.64 547,949.44 Total labor+ Fred Fee kb Overhead 52,630.88 520,608.56 525,552.80 57,106.40 51,973.16 57,325.64 565,197.44 • 5394.63 $3,09128 53,832.92 51,065.96 5295.97 51,098.85 59,779.62 Total Cost 53,025.51 $23,699.84 329,385.72 58,172.36 32,269.13 58,424.49 574,977.06 DIRECT COSTS Expenses Reproduction Copies - 8.5x11 Copies - 11x17 Mileage Mail & Del Subcontractors (NIA) Total Expenses Total Direct Costs 53,500.00 50.00 53,500.00 TOTAL COMPENSATION FOR BASIC SERVICES NOT TO EXCEED: $78,477.06 Sponsor: PARD Public Comment: N/A DATE: January 17, 2003 SUBJECT: City Council Meeting — January 23, 2003 ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with HalUBargainer, Inc. for planning 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 flail and various other improvements. The finance approval is contingent upon receiving agreed upon funds from Williamson County. Funding: Cost: $78,477.06 Source of Funds: Williamson County Contribution and TPWD Grant Outside Resources: Hall/Bargainer, Inc. Impact/Benefit: This contract will provide for the planning services associated with the Brushy Creek East Trail. These planning services will include identification of key opportunities and constraints of the trail corridor, gathering of public input, assistance with the creation of design guidelines for the project, and limited construction phase services. The major benefit of this contract will be the assistance provided to staff during all phases of the development of this project. THIS AGREEMENT is made and entered into on this the day of the month of ' ! il .. Li y , 2003, by and between the City of Round Rock, a Texas home -rule municipal c l ? • oration, whoa- offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299 (hereinafter referred to as "City"), and Hall/Bargainer, Inc., whose offices are located at 400 West Main Street, Suite 220, Round Rock, Texas 78664 (hereinafter referred to as "Consultant "). CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES WITH HALL/BARGAINER, INC. NOW, THEREFORE, WITNESSETH: RECITALS: WHEREAS, City desires to contract for Consultant's assistance in conducting preliminary routing of the Brushy Creek East Hike and Bike Trail system, and in preparing documents in order to construct the Brushy Creek East Hike and Bike Trail system, and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for fourteen (14) consecutive months from the effective date hereof, with ability to renew and extend only by express written agreement of the parties. 1.02 GENERAL CONDITIONS The General Conditions contained herein shall apply to the Proposal for Services, attached hereto as Exhibit "A" and made a part hereof of all appropriate purposes. This Agreement and such Proposal for Services is entered into by and between the City of Round Rock or its subsidiaries or affiliates (collectively "City") and Hall /Bargainer, Inc. or any entity directly or indirectly owned or controlled by same (collectively "Hall/Bargainer"). 0 W 200).WPW. /- 03- O1 - a34Cb 1 1.03 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its Proposal for Services for the assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and is labeled as Exhibit "A." Such Proposal for Services is deemed to incorporate the General Conditions contained herein. Except with respect to the description of specific services and fees for the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms therein. Taken together with the appended Proposal for Services, the General Conditions contained in this Agreement shall evidence the entire understanding and agreement between the parties and supersede any prior proposals, correspondence or discussions. 1.04 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and under Exhibit "A." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with these General Conditions and this Agreement, in accordance with the appended Proposal for Services, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Basic Services: In consideration for the consulting services to be performed by Consultant, City agrees to pay Consultant the following sum(s) as stated herein: Basic Services $74,977.06 Reimbursable Expenses Not to exceed $ 3,500.00 Total $78,477.06 Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council Resolution, Consultant's total compensation hereunder shall not exceed $78,477.06 including any Reimbursable Expenses. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement hereto. Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon Project claims, whether paid by City or denied. Supplemental Agreements. The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council Resolution, if City determines that 2 there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being fourteen (14) consecutive months from the effective date hereof. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.06 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: Fourteen (14) consecutive months from date of execution hereof, and in reasonable conformity to the estimated schedule delineated on Exhibit "C." 1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 3 Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall not exceed the maximum sum of $3,500.00. City shall pay Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual cost. Customary reimbursable expenses shall include such items as the following: a. Reprographic Services; b. Postal/delivery services (as necessary to complete services in a timely manner); c. Non -local transportation at the rate of $0.36 per mile; d. Long- distance telecommunications; e. Cost of maps, surveys, drawings, and reports necessary to complete services; and f. Cost of obtaining permits, if any. 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, 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 performance or services, whichever is later. Consultant 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: 1. There is a bona fide dispute between City and Consultant concerning the services performed that causes the payment to be late; or 2. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier concerning the services performed which causes the payment to be late; or 4. The invoice is not mailed to City in strict accordance with instructions, if any, on any purchase order or this Agreement. 1.09 NON - APPROPRIATION This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then - current fiscal year. 4 1.10 TERMINATION OR DEFAULT Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. Unless otherwise specified herein, all plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new consultant for continuation of services on the Project, Consultant shall cooperate in providing information. Default. Nothing contained in the preceding paragraph shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.11 CITY'S RESPONSIBILITIES Full information. City shall provide full information regarding Project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required, if any, to enable Consultant to provide the services called for. City shall cause its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directions provided by City and its employees and agents concerning provision of services. Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other tests, reports and inspections which are or may be required by law or Project documents. 5 1.12 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 1. Consultant has the right to perform services for others during the term of this Agreement; 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 4. Consultant or its employees or subcontractors shall perform the services required by this Agreement. City shall not hire, supervise, or pay any assistants to help Consultant; 5. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; 6. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement; and 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS Each party shall take reasonable measures to preserve the confidentiality of any proprietary or confidential information provided to it in connection with this engagement, provided that no claim may be made for any failure to protect information that occurs more than two (2) years after the termination or expiration of this Agreement. At the conclusion of the engagement, upon written request, each party shall retum to the other all materials, data and documents that have been provided to the other party, except that Consultant may retain one (1) copy of City's materials for its archival purposes, subject to Consultant's confidentiality obligations hereunder. City shall retain ownership of all data and materials provided by it to Consultant. Original drawings shall remain the property of Consultant. Consultant shall provide City with one (1) signed set of reproducibles and one (1) full set of digital file copies. 6 1.14 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of this Agreement and the appended Proposal for Services, then and in that event City shall give written notification to Consultant; thereafter, Consultant shall either (a) promptly re- perform such services to City's satisfaction at no additional charge, or (b) promptly refund the portion of the fees paid with respect to such services. In the event that re- performance of services or refund of applicable fees would not provide an adequate remedy to City for damages arising from the performance, nonperformance or breach of this Agreement and the appended Proposal for Services, then and in that event Consultant's maximum total liability, including that of any employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall be limited to direct damages in an amount not to exceed the total fees payable under this Agreement. The foregoing limitation of liability shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors, or from bodily injury, death of any person, or damage to any real or tangible personal property. Neither party shall be liable for any indirect, special or consequential damages. 1.15 INDEMNIFICATION Consultant agrees to hold harmless, defend, and indemnify City for and from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the negligence of Consultant or its employees or agents in the course of performing services. The limitation of liability set forth in Section 1.14 herein applies to Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any person, of damage to any real or tangible personal property. Except to the extent that Consultant is obligated to indemnify City, City shall indemnify and hold Consultant, its employees, affiliates or agents harmless from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the services performed by Consultant or City's use thereof. 1.16 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of Five Hundred Thousand Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. 7 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. As an alternative, Consultant may include its subconsultants as additional insureds on its own coverages as prescribed under these requirements. Consultant's certificate of insurance shall note in such event that the subconsultants are included as additional insureds. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives 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 Consultant. (3) Terms "City"or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, 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 future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Consultant 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. 8 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit `B" entitled "Certificates of Insurance." 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant 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. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, 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. 1.19 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 1.20 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. . Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf; or 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 9 1.21 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated m this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Hall/Bargainer, Inc. 400 West Main Street, Suite 220 Round Rock, TX 78664 Notice to City: City Manager 221 East Main Street Round Rock, TX 78664 1.23 EXCLUSIVE AGREEMENT 1.24 DISPUTE RESOLUTION AND TO: 1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE 10 City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. This Agreement shall be enforceable in Round Rock, Williamson County, Texas; 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 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. This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1 - 14) or any applicable state arbitration statute. 1.25 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.26 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed Project schedule will constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. CITY OF RO ND RO ! E ATTEST: pp By: IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. • 0'i axwe 1, Mayor Date Signed: 1- a 3- 03 11 Christine R. Martinez City Secretary Date Signed: /' 3_03 HALL/BARGAINER, INC. JV , By: Tim '(A. Bargainer Vice President ( Date Signed: /h) S / " ATTACHMENTS Exhibit "A ": Proposal for Services Exhibit `B ": Certificates of Insurance Exhibit "C ": Schedule of Tasks Exhibit "D ": Scope and Manhour Estimates 12 EXHIBIT "A" PROPOSAL FOR SERVICES A. ROUTE STUDY /PROJECT COORDINATION Site analysis /inventory. Route identification with City and Engineering Consultant. Identify opportunities and constraints. Base plan to be prepared by Engineering Consultant. B. PRELIMINARY DESIGN Prepare preliminary design for the Project based on route study and meetings with City representatives, regulatory agencies and stakeholders (H.O.A.$) along entire length of trail. • Identify and address new opportunities and constraints. • Address concerns and subsequently develop consent through a series of H.O.A. /stakeholder meetings. • Prepare Preliminary Opinion of Probably Construction Costs, including appropriate escalation factors and contingencies for landscape architectural elements (with Engineering Consultant). • Prepare preliminary routing plan for City Council meeting. • Presentation to City Council. C. CONSTRUCTION DOCUMENTS • Prepare landscape architectural drawings to establish size, shape, dimensions, and capacity of the work. Drawings shall include but not be limited to the following: cover, general construction notes, site, demolition, layout, landscape, irrigation and site detail plans. • Prepare specifications to compliment landscape architectural drawings which describe the materials, systems and equipment, workmanship, quality and performance criteria required for the bidding/negotiating and construction of the work. • Prepare Opinion of Probably Construction Costs, including appropriate escalation factors and contingencies for landscape architectural elements (with Engineering Consultant). 13 • Identify all construction items necessary and feasible for the trail to satisfy City's criteria (with Engineering Consultant). All remaining elements shall be identified as add alternates during bidding and negotiation phase, prior to contract award. D. REGULATORY DOCUMENTS • Address City, regulatory and/or accessibility comments as required. • Coordinate plan revisions and documentation for permitting with Engineering Consultant. • Finalize bid documents and provide bid tabulation information (with Engineering Consultant). E. BIDDING AND NEGOTIATION • Attend pre - bid meeting. • Consider requests for substitutions, where appropriate, and prepare and distribute addenda to prospective bidders. • Prepare addenda and provide clarification for bidders. • Assist City in obtaining and evaluating bids, bid tabulation and /orrecommendations for selection by City. F. CONSTRUCTION OBSERVATION • Perform periodic site visits as requested by City and at intervals appropriate to the state of construction to monitor the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work, when complete, will be in accordance with the Contract Documents. • Review and respond to requests for information from the Contractor. • Review shop drawings, submittals, and mock -ups and maintain a record of such communication and documents. • Attend required meetings with regulatory agencies, including pre - construction and post - construction conferences scheduled with regulatory inspectors or any other regulatory reviewers assigned to this Project. • Conduct inspections of the work in order to determine the date of substantial completion, and verify the satisfactory completion of the Project in accordance with the Contract Documents. 14 • Assist City in completing the close -out documentation necessary to conclude the construction phase of the Project, including preparation of a Letter of Concurrence for City upon successful completion of the Project. TOTAL FOR THE ABOVE DELINEATED SERVICES $74,977.06 15 JAN -15 -2003 01:26 LEATZOW & ASSOCIATES P.01 CERTIFICATE OF LIARILITY'INSURANCE PRODUCER Leatzow & Associates, Inc. 247 Bryant Ave. Glen Ellyn, IL 601374 INSURED Hall /Bargainer, Inc. 400 W. Main, 4220 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, or the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further herginafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICYNTJI1'IBER EFFECTIVE EXPIRATION LIMITS LTR GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY A N/A N/A OTHER N /A WORKER'S COMPENSATION ANp MPLOYER•S LIABILITY N/A Ligif i o 2232450 DESCRIPTION OF OPERATIONS/LOCATf I NSIVEHICLES/SPECIAL ITEMS/EXCEPTIONS * No additional insureds added to professional liability policy The City of Round Rock is named aslaidditionai insured with respect to all policies except Workers' Compensation and Employers' Liabihry Should any of the above described policies be cancelled or changed before the expirations date thereof, the issuing company will mail thirty (30) days written notice to the certifi ate holder named below. CERTIFICATE HOLDER: thy of Round Rock 221 E.:Main Street I}ound Rock, Texas 78664 4tm: Christine Martinez 0. 1wdozlPORMSiconWnl100033647.DOC Post -Ir Fax Note 767 Date j -i - Pl4s• T ��.� From • liga 'AM nn P V* -!R Fax tl t, 01 00 COMPANIES AFFORDING COVERAGE A. Lexington Insurance Co. B. C. D. DATE DATE 7/22/02 6/02/03 Typed Name: • lm ea 20 Title: President GENERAL AGGREGATE S PRODUCTS - COMP /OP AGG. S PERSONAL ../7 ADV. 1N URY S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one prrson)S COMBINED SINGLE LIMIT 5 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 5 PROPERTY DAMAGE S EACH OCCURRENICE S AGGREGATE $ STATUTORY LB4IT3 EACH ACCIDENT $ DISEASE - POLICY LIMIT S DISEASE - POLICY LIMIT $ Dato: 1/15/03 $1,000,000 limit & a••re•ate SIGNATURE OF AUTHORIZED E NTATIVE TOTAL P.01 Exhibit *C" BRUSHY CREEK TRAIL EAST SCHEDULE OF TASKS ID 0 (Task Name 1 Duration 1 Stan Finish 1 1) Route Study /Protect Coordination 80 days Frl 12/8/02 Thu 3127/03 2 ,� a) N0000 fo Proceed (//8 /8A) 0 days Frl 12/6/02 F1112/6102 3 E.4 b) Site analysis/photo Inventory 8 hrs Mon 1219102 Mon 12/9102 4 c) Route Identification (HB,BA,CORR) 16 hrs Tue 12110/02 Wed 12/11/02 5 ! d)Topograpluc Survey (San5005jy /BA_grcwnd) 75 days Fri 12/13/02 Thu 3/27/03 6 d e) GeUtecMlcal Study (Trinity) 45 days Fri 12/13/02 Thu 2/13/03 7 2) Preliminary Design 31.0 days Mon 12/19/02 Tue 1/28/03 6 [i a) Prepare presentation/rev/se base plan per route Identification 58 hrs Mon 12/16/02 Tue 12/24/02 9 b) HOA meeting 81 4 hrs Wed 12/25/02 Wed 12/25/02 10 8 c) HOA meeting 92 4111s Thu 12/26102 Thu 12/26/02 11 IA d) HOA meeting /13 4 hrs Fri 12/27/02 Frl 12/27/02 • 12 )={ e) HOA meeting 34 4 hrs Mon 12/30/02 Mon 12130/02 13 f'7 1)110A meeting 95 4 hrs Thu 1/2/03 Thu 1/2/03 14 Ed g) Analysts ofHOA/publlc commenMnput 4hrs Fri 1/3/03 F111/3/03 15 a h) Revise preliminary roulin9 plan per commenUlnput 40 Ara Mon 1/6/03 Fri 1 /10/03 16 I) Community consent meeting (wl all HOA representatives) 4 hrs Mon 1 /13/03 Mon 1/13/03 17 Ed p Prepare &nal prelim routing plan for City Council presentation 56 hrs Tue 1!14/03 Wed 1/22/03 la a k) Preliminary Opinion of Probable Construction Coats 8 hrs Thu 1/23/03 Thu 1/23/03 19 8 I) City Council presentation 4 hrs Tue 1/28/03 Tye 1/28/03 , 20 3) Construction Documents 34.6 days Mon 3/3/03 Fri 4/18/03 21 [j a) 50% design 102 hrs Mon 313/03 Wed 3/19/03 22 F.4 b) Status /review meeting wl City 4 hrs Thu 3/20/03 Thu 3/20/03 23 [J c) 75% design 74 hrs , Thu 3/20/03 Wed 4/2/03 ' 24 Cd d) Status /review meeting wl City 4 hrs Thu 4/3/53 Thu 4/3/03 25 J e) 100% design/permit drawings & specifications 68 hrs Mon 4/7/03 Thu 4/17/03 26 EA • 0 Prepare Opinton of Probable Construction Costs 4 hrs Fri 4/18/03 Fr/ 4/18/03 27 4) Regulatory Documentation /Review 39 days Mon 4/21/03 Thu 8/12103 28 [i a) CO d TAS/ADA ruw0w,torruna1 30 days Mon 4/21/03 Fn 5/30/03 29 8 b) Address comments for permitting r 32 hrs Mon 6/2/03 Thu 6/5/03 30 0) Prepare final permit/bid documents 40 hra Fri 6 /8/03 Thu6/12/03 . Page 1 ErmbILC" BRUSHY CREEK TRAIL EAST SCHEDULE OF TASKS ID 31 32 33 34 35 38 37 30 39 40 4 42 Duration Stan Finish O I Task Name 5) 6lddinglNegoUalion 40 days Mon 0110103 Tue 8/19/03 3 a) 844,9 30 days Mon 6118103 Fr1 7125/03 [i b) Pre -bid mtg./prepare addenda/provide clarification-for bidders 16 hre Fri 7/4/03 Mon 7/7/03 ,_R c) Assist. City w/ BM openinglevaluallon /recommenda1Ions 2 hrs Mon 7/28/03 Mon 7/20/03 CA 0) Nol¢e of Award - . 0 days Tue 0/5/03 Tue 0/5/03 Ed e) Notice to Proceed 0 days Tue 8/19/03 The 6/18/03 8) Construction Observation 124 days Tue 8 /26/03 Fri 2/13/04 3 a) Attend pre-construction meeting 3 hre Tue 6/28/03 Tue 8/26/03 n 0) Cons /rm1ron 120 days Tue 8/26103 Tue 2/10104 t3' c) Periodic Site Visits/Weekly meetings (12meeting% bimonthly; 4 ca - 47 hrs Thu 10/9/03 Thu 10/18/03 f33' d) Inspection for substantial completion 14 hrs Wed 2/11/04 Thu 2112/04 n e) Project clogeouUleller of concurrence 6 hrs Fri 2/13/04 Fri 2/13/04 Page 2 Exhibit "D" Scope and Manhour Estimate Task/Subtask oi:...:...,i PM/S Land. — Designer Total 546.00 Arch. 529.00 521 inhours 1) Route Study/Project Coordination o 24 o 24 a Site venficatiordphoto inventory a 8 b Route identification (HB,BA,CORR) 16 16 2) Preliminary Design 32 88 68 188 a Prepare presentationlrevise base plan per route identification b HOA meeting #1 c HOA meeting #2 d HOA meeting 83 e HOA meeung +e f HOA meeting #5 g Analysis of HOA/public commentiinput h Revise pre0minary routing plan per comment/)nput i Community consent meeting (w! al HOA representative; j Prepare final prelim. routing plan for City Council presentation k Preliminary Opinion of Probable Construction Costs Oa N N N N N N N O • N N N N N N N N a 2 • 20 24 aaaaaa.° a I City Council presentation 3) Construction Documents 24 98 134 256 a 50% design N N a N a 36 54 102 b Status /review meeting wl City 2 . 4 c 75% design . 30 40 74 d Status/review meeting wl City 2 4 e 100% design /permit drawings & specifications 24 40 , 68 f Prepare Opinion of Probable Construction Costs 4 . 4 4) Regulatory Documentation/Review 0 46 26 72 a Address commends for permating . 16 16 32 b Prepare final permitlbid documents ' 30 10 40 5) BlddingiNegatiation 0 16 0 18 b Pre-bid mtgiprepare addenda/provide clanflcation for bidders 16 16 c AssisL City w/ Bid opening /evaluation/recommendations 2 2 6) Constnuction Observation • 2 47 23 72 a Attend pre-construction meeting 2 1 3 Periodic Site Visits/Weekly meetings (12 meetings, bi- monthly; b 4 called meetings) 2 30 15 47 c Inspection for substantial completion 7 7 14 d Project closeout/letter of concurrence 8 8 Exhibit "D" Scope and Manhour Estimate Task/Subtask Manhours Salary Direct Labor Cost 1) Route Study/Project Coordination Principal 0 $46.00 $0.00 Project manager/Senior Landscape Architect 24 329.00 5696.00 Designer 0 $21.00 $0.00 Subtotal 8696.00 2) Preliminary Design Principal 32 $46.00 51,472.00 - Project managerlSenior Landscape Archie,.: 88 $29.00 $2,552.00 Designer 68 821.00 81,428.00 Subtotal 55,452.00 3) Construction Documents Principal 24 546.00 31,104.00 Pic] zzt manager /Senior L.a"dscape Architect 98 $29.00 82,842.00 Designer 134 $21.00 $2,814.00 Subtotal 36,760.00 4) Regulatory Documentation/Review Principal • 0 $46.00 80.00 Project manager /Senior Landscape Architect 46 $29.00 $1,334.00 Designer • 26 $21.00 $54600 Subtotal - 31,680.00 5) 11 ddingiNeglotlatlon Principal 0 $46.00 30.00 Project manager /Senior Landscape Architect 18 $29.00 $522.00 Designer . 0 $21.00 $0.00 Subtotal $522.00 6) Construction Observation Principal 2 $46.00 892.00 Project manager/Senior Landscape Architect 47 329.00 $1,363.00 Designer - 23 321.00 $483.00 Subtotal 31,938.00 TOTAL $17,248.00 Exhibit "D" Scope and Manhour Estimate Direct Labor Overhead Total Labor+ Fixed Fee tE, Total Cost feb 278% Overhead 155• LABOR COSTS Route Study/Project Coordination 5696.00 51,93488 $2,630.88 5394.63 53,025.51 Preliminary Design 55,452.00 $15,156.56 520,608.56 53,091.28 523,699.84 Construction Documents 56,760.00 518,792.80 525,552.80 $3,83292 529,385.72 Regulatory Documentation/Review 51,880.00 $5,226.40 57,106.40 51,065.96 58,172.36 13idding/Negotlation 5522.00 51,451.16 51,973.16 5295.97 52,269.13 Construction Observation 51,938.00 35,387.64 57,325.64 51,098.85 58,424.49 Total Labor Costs 517,248.00 547,949.44 565,197.44 59,779.62 574,977.06 DIRECT COSTS Expenses Reproduction Copies - 8.5x11 - Copies - 11x17 Mileage Mail & Deliveries - . Total Expenses 53,500.00 Subcontractors (NIA) 50.00 Total Direct Costs 33,500.00 TOTAL COMPENSATION FOR BASIC SERVICES NOT TO EXCEED: $78,477.06