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R-03-05-22-11B2 - 5/22/2003RESOLUTION NO. R- 03- 05- 22 -11B2 WHEREAS, the City of Round Rock desires to retain engineering and surveying services for the Old Settlers Park at Palm Valley Soccer and Other Restroom /Concession /Storage Facilities Project, and WHEREAS,Baker - Aicklen & Assoc., Inc. has submitted an Agreement for Engineering & Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker - Aicklen & Assoc., 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 & Surveying Services with Baker - Aicklen & Assoc., Inc. for the Old Settlers Park at Palm Valley Soccer and Other Restroom /Concession /Storage Facilities Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as ..ended. 0 .Lr� Jr RESOLVED this 22nd day of May, 2003 ST: CHRISTINE R. MARTINEZ, City Se @ PFDesktop\:: 0D4A/ WORLDoz /o: /WDOX /RESOLOTI /RSOS2a B2.WPD /sc NY City etary LL, Mayor Round Rock, Texas ROUND ROCK, TEXAS PURPOSE. P'SSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. 1 Contract No. RE: Old Settler's Park Wastewater Improvement THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 23th_day of the month of Mav, 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; 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: 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. EXHIBIT 0 AII 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 defmite 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 30`" day of the month of November, 2003 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." o9Prop Eng 03103-5025 Agreemenl.do 2 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 $Twenty Four Thousand, Four Hundred Seventy Five and 84/100 Dollars ($24,475.84) 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 eamed 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 03\03 -5025 Agreemenldoc ARTICLE 4 COMPENSATION ARTICLE 5 METHOD OF PAYMENT 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. o,\Prop Eng 03\03 -5025 Agreementdoc 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] 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] 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) ARTICLE 9 PROGRESS EVALUATION 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 03 \03 -5025 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. 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. hi 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 03\03 -5025 Agreement.doc ARTICLE 11 ADDITIONAL WORK 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 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 perfonn 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. o:\Prop Eng 03\03 -5025 Agreement.doc 7 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 fine to complete the work required and the time required to do so, and other oWprop Eng 03\03 -5025 Agreementdoc 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 03\03 -5025 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 ($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 o9Prop Eng 03103 -5025 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: 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." 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 03\03 -5025 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. City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 o:\Prop Eng 03 \03 -5025 Agreement.doc ARTICLE 28 SUCCESSORS AND ASSIGNS ARTICLE 29 SEVERABILITY ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 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: 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 (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. o:\Prop Eng 03\03 -5025 Agreement.doc ARTICLE 35 GENERAL PROVISIONS 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: ignature of P Printed Name: ATTEST: Liam Waeltz, P. E. By: Corporate Secretary o:\Prop Eng 03\03 -5025 Agreement.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 03 \03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements LIST OF EXHIBITS ATTACHED 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settlers Park Wastewater Improvements 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. o:\Prop Eng 03\03 -5025 Agreement.doe 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT B "Services to be performed by the Engineer." PROJECT DESCRIPTION Provide engineering and surveying services for the design of a wastewater system, which is approximately 3600 L.F. The wastewater design will incorporate tieing two future restroom facilities to the existing wastewater system in Ryan's Crossing. The wastewater design will provide for stub -outs within five feet of the two restroom facilities. Additionally, a wastewater easement, topographic and tree survey will be provided. This proposal has been based upon City supplied information for the proposed improvement. SCOPE OF SERVICES A. Wastewater Alignment Survey 1. After a general route for the wastewater line has been selected, it will be marked on the ground so that a detailed topographic and tree location survey can be conducted along the proposed route. This survey will locate within the 30 -foot wide design corridor, existing structural, drainage and utility improvements, property lines, easements, trees of 6" or greater caliper and cross sections taken on 50 -foot intervals. A digital map showing the above items with one -foot contours will be prepared and used to create the base sheets for the engineering plans. 2. Prepare a single permanent wastewater easement with an accompanying temporary construction easement across a private lot once the final alignment has been selected. Our office will deliver an exhibit showing the proposed permanent wastewater easement as well as the temporary construction easement in relation to the subject tracts boundary. Our office will also prepare metes and bounds descriptions of each of these easements suitable for use by the City to acquire the easements. B. Project Coordination/Preliminary Design 1. Attend Project Coordination meetings with the PARD to discuss project goals and requirements. (Assumes two (2) meetings.) o:\prop Eng 03'03 -5025 Agreement.doc 17 2. Coordinate with Public Works for available information and project input. 3. Site visit to determine alignment possibilities. 4. Prepare Schematic layout for City approval, prior to final design. C. Final Design 1. Prepare erosion/sedimentation control and tree protection plan. 2. Prepare overall wastewater plan and sheet index. 3. Prepare wastewater plan and profile sheets. 4. Prepare cover sheet, construction notes, construction details and standards in order to relay sufficient detail for constructibility. 5. Attend progress Meetings with City and Construction Manager at Risk. (Assumes two (2) meetings.) 6. WCID and/or FEMA issues regarding Dam & Flood Plain crossing. 7. Prepare project specifications. 8. Prepare quantity take -offs. 9. Prepare Engineer's Opinion of Probable Construction Cost. D. Review — Permitting - Approvals 1. Address review comments/secure City approval. (Two (2) submittals.) 2. Prepare SWPPP and assist the City and Contractor with the submission of the Notice of intent. F. Limited Construction Phase Services 1. Assist in preconstruction conference. 2. Review shop drawings, samples, schedules and submittals. 3. Interpret drawing and specifications, as related to RFI's. 4. Perform periodic site visit to observe construction for general conformity to the contract documents. 5. Observe testing of wastewater lines. 6. Attend bi- weekly construction progress meetings. (Assumes two (2) months construction.) 7. Review contractor's pay estimates. 8. Prepare final punch list. 9. Prepare "Record Drawings ". 10. Issue Contractor's Certification of Completion. SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES A. Structural design, 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 or Reviewing Agencies. o: \Prop Eng 03\03 -5025 Agreement.doc 18 o: \Prop Eng 03\03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker- Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT C - WORK SCHEDULE 19 ID 1 2 3 4 5 6 7 8 Task Name Duration Start Finish Design 28 days Fri 5/23/03 Tue 7/1/03 Notice to Proceed 1 day Fri 5/23 /03 Fri 5/23/03 Project Coordination 5 days Mon 5126/03 Fri 5/30/03 ph _ ........ ..... .......... __. ....................... Topographic Survey 5 days Mon 6/2/03 Fri 6/6/03 Final Design 10 days Mon 8/9/03 Fri 6/20/03 Plans Submitted 1 day Mon 6/23/03 Mon 6/23/03 Review /Permitting /Approval 6 days Tue 6/24/03 Tue 7 /1/03 Construction Admin 45 days 'Wad 7/2/03 Tue 9/7/03 Project OSPV W W Improvements Date: Thu 5/1/03 ,Task Split Progress Milestone Summary 2nd Quarter 3rd Quarter r Ma Jun Jul 1 Aug 1 Sep Project Summary Page 1 External Tasks External Milestone • Deadline �Ri o: \Prop Eng 03\03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker- Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT D - FEE SCHEDULE DIRECT COSTS: DIRECT LABOR OVERHEAD PERCENTAGE TOTAL LABOR & 011 FIXED FEE TOTAL COST LABOR COSTS: * $0.35 $1.50 157 $241.50 $240.00 $481.50 12% TOPOGRAPHIC DESIGN SURVEY $2,948.00 $4,628.36 $7,576.36 $909.16 $8,485.52 ENGINEERING SERVICES $5,388.00 $8,459.16 $13,847.16 $1,661.66 $15,508.82 TOTAL LABOR COST: $8,336.00 $13,087.52 $21,423.52 $2,570.82 $23,99434 DIRECT COSTS: RATE QUANTITY TOTAL REPRODUCTION: Copies 8.5" x 11" Copies 24" x 36" Subtotal $0.35 $1.50 690 160 $241.50 $240.00 $481.50 TOTAL DIRECT COSTS: ** Budget amount, not to be considered a maximum. Total Labor Cost: $23,994.34 Total Direct Cost: $481.50 Total Project Cost: $24,475.84 * A manhour estimate is attached behind this page for reference only. • o:Nmp 03 -5025 sgreementxI, City of Round Rock Agreement For Engineeering & Surveying Services with Baker - Alcklen & Associates, Inc. Old Settler's Park Wastewater Improvements Old Settlers Park Wastewater Improvers City of Round Rock ENGINEERING Manhours Salary Direct Labor Cost Project Engineer 23.5 $38.00 $893.00 Project Designer Engineering Assistant 109.5 $25.00 $2,737.50 Senior CAD Tech Engineering CAD Tech 83 $18.00 $1,494.00 Administrative 15.5 $17.00 $263.50 Subtotal 231.5 $5,388.00 TOPOGRAPHIC DESIGN SURVEYS Reg Prof Land Surveyor 12 $36.00 $432.00 Senior Survey Tech 40 $20.00 $800.00 GPS Operator 1 GPS Operator 2 Party Chief 44 $15.00 $660.00 Instrument Operator 44 $13.00 $572.00 Rodman 44 $11.00 $484.00 Administrative Subtotal 184 $2,948.00 o: \Engineer03 proposal\03 -5025 agreernent MANHOUR SUMMARY SURVEYING SERVICES SCOPE OF SERVICES RPLS SST GPS1 GPS2 PC IM RM ADM TOTAL A. Wastewater Alignment Survey 1. After a general route for the wastewater line has been selected, it will be marked on the ground so that a detailed topographic and tree location survey can be conducted along the proposed route. This survey will locate, within the 30 -foot wide design corridor, existing structural, drainage and utility improvements, property lines, easements, trees of 6" or greater caliper and cross sections taken on 50 -foot intervals. A digital map showing the above items with one -foot contours will be prepared and used to create the base sheets for the engineering plans. 8 24 2 40 40 40 152 2. Prepare a single permanent wastewater easement with an accompanying temporary construction easement across a private lot once the final alignment has been selected. Our office will deliver an exhibit showing the proposed permanent wastewater easement as well as the temporary construction easement in relation to the subject tracts boundary. Our office will also prepare metes and bounds descriptions of each of these easements suitable for use by the City to acquire the easements. 4 16 2 4 4 4 32 3. Site visit to determine alignment possibilties. 2 2 4 TotalManhours 12 40 6 44 44 44 184 ENGINEERING SCOPE OF SERVICES PE PD EA SCT ECT ADM TOTAL B. Project Coordlnation/Peliminary Design 1. Attend Project Coordination meetings with the PARD to discuss project goals and requirements. (Assumes two (2) meetings.) 2 2 4 2. Coordinate with Public Works for available information and project input. 1 2 3 3. Site visit to determine alignment possibilties. 2 2 4 4. Prepare Schematic layout for City approval, prior to final design. 1 6 16 23 C. Final Design: 1. Prepare erosion/sedimentation control and tree protection plan. 0.5 2 4 6.5 MANHOUR ESTIMATE Brushy Creek Trail East City of Round Rock SCOPE OF SERVICES PE PD EA SCT ECT ADM TOTAL 2. Prepare overall wastewater plan and sheet index. 0.5 2 4 6.5 3. Prepare wastewater plan and profile sheets. 1 16 36 53 4. Prepare cover sheet, construction notes, construction details and standards in order to relay sufficient detail for constructibility. 0.5 I 8 9.5 5. Attend progress meetings with City & Construction Manager at Risk. 2 2 4 6. WCID and/or FEMA issues regarding Dam & Flood Plain Crossing. 3 10 13 7. Prepare project specifications. 1 4 4 9 8. Prepare quantity take -offs. 1 2 3 9. Prepare Engineer's Opinion of Probable Construction Cost. 0.5 2 1 3.5 D. Review - Permitting - Approvals 1. Address review comments /secure City approval. (Two (2) submittals.) 1 4 8 2 15 2. Prepare SWPPP and assist the City and Contractor with the submission of the Notice of Intent. 1 24 1 3 29 E. Limited Construction Phase Services: 1. Assist in preconstruction conference. 1 1 2 2. Review shop drawings, samples, schedules and submittals. 0.5 4 4.5 3. Interpret drawing and specifications, as related to RFI's. 1 2 1 4 4. Perform periodic site visit to observe construciton for general conformity to the contract documents. 1 3 4 5. Observe testing of wastewater lines. 8 8 6. Attend bi- weekly construction progress meetings. (Assumes two (2) months construction.) 4 2 6 7. Review contractor's pay estimates. 1 2 3 8. Prepare final punch list. 1 4 0.5 5.5 9. Prepare "Record Drawings ". 0.5 1 4 1 6.5 10. Issue Contactor's Certification of Completion. 0.5 0.5 1 2 Total Manhours 233 109.5 83 15.5 231.5 PE Project Engineer SCT Senior CAD Tech RPLS Registered Professional Land Surveyor GPS 2 GPS Operator 2 o:`Enginea03 proposa1103 - 5025 agreement PD Project Designer ECT Engineering CAD Tech SST Senior Survey Tech PC Party Chief IM Jnstrumment Operator EA Engineering Assistant ADM Administrative GPS GPS Operator 1 RM Rodman o9Prop Eng 03\03 -5025 Agreement.dac CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT E - WORK AUTHORIZATIONS 05/07/03 WED 16:14 FAX 5122449623 CERTIFICATE OF LIABILITY INSURANCE PRODUCER GREATER TEXAS INSURANCE AGENCY 9809 ANDERSON MILL ROAD AUSTIN, TX 78750 1NSIIRED C. BAKER - AICKLEN & ASSC. Inc. 203 EAST MAIN 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 LTR DATE DATE A A A GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER Baker- Atckten /KK D. TP 1789812 -22 03/20/03 03/20/04 TA 2333157 -22 03/20/03 03/20/04 NU 2803198 -22 03/20/03 03/20/04 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS A NC 2508012 - 22 03/20/03 03/20/04 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS awdox�FORMS \cor r W nIt00033647. DOC COMPANIES AFFORDING COVERAGE A. UNION STANDARD 4+- •41K & Ket, rgJuUc GENERAL AGGREGATE PRODUCTS - COMP /OP AGG PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one lire) Date: 04/14/03 2,000,600 $ 2,000,000 $1,000,000 $1,000,000 $ 100,000 MED. EXPENSE (Any one person)$ 5,000 COMBINED SINGLE LIMIT $ 500,000 BODILY INJURY (Per person) 3 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE $ EACH OCCURRENCE AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 1,000,000_ The City of Round Rack is named as additional insured with respect to all policies except Workers' Compensation and Employees Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company w-i: mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SIGNAT.U5E OF3AUTHORIZE1)REPRESENTATIVE 221 E. Main Street y '�......._..__..,�__..- Round Rock, Texas 78664 _ / / c-J. -.� Attn: Christine Martinez Typed awe RAY PRICE Title: AGENT A 05/07/03 WED 1b:30 VAX 5122449623 Baker - Aicklen /RR CERTIFICATE, OF LIABILITY INSURANCE PRODUCER USI Insurance Services, Inc. 1946 S. Tli -35, Suite 301 Austin, Texas 78704 (512) 443 -0878 INSURED baker- Aicklen & Associates 203 E. Main Street, Suite 201 Round Rock, TX 78664 T1 IS TO CERTIFY THAT the Instrred named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types ofinsuranee and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. BMceptlons to the policies are noted below. CO TYPE OF INSURANCE POLICY NUMBER. EFFECTIVE EXPIRATION LIMITS DATE DATE LTR 0004 LIAHI AUTO •BILELI =IL PJ(C LIABILITY WORKER'5 COMP SAT AND EMPLOYER • LIABII. Lia OTHER Professional ty AEE02 27058 DESCRIPTION OP OP$ RATIONS /i.00ATIONSNEHICLE37 PCIALITEMS/EXL`M16NS Prof. Liab: The aggregate limit is the total insurance available fbr claims presented within the policy period for all operations of the insured. The limn wil i he reduced by payment of indemnity end expellee. The City of Round Rock Is named as additional In sured with respect to all policies except Workers' Compensation and Employers' I.iabilirv. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail rhury (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 0: imam \FORMS\ carr\un1100033647.DOC 05/21 /02 COMPANIES AFFORDING COVERAGE A. Security Ins, Co, of Hartford B. C , D. SI Title :Sal 05/21/03 + +-. RR PARKS & REC b 002 Date:01 /15/03 e. ;R.AI.A 7•(A ' PRODUCTS - COMP /OP ADC, S PERSONAL& ADV. INJURY S EACH OCCURRENCE FIRE DAMAGE (Airy one Sr.) S MED. EXPENSE (An' one person)S C• T: . r OLE LIMIT S BODILY 1NJURY (Pm person) S BOIiiLY INJURY (Per accident) 5 PROPERTY DAMAGE S EACIt ZTURR CE 5 AGGREGATE STAT ORN LIM S EACH ACCIDEOdr S DISEASE - POLCY LIMIT 0 DISEASE - POLICY LIMIT 1 Par Claim: 91,000.000 Annual Aggregate: 5 1,000,000 a Pxecudve AUTHORIZED REPRESENTATIVE DATE: May 15, 2003 SUBJECT: City Council Meeting — May 22, 2003 ITEM: 11.B.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering & Surveying Services with Baker - Aicklen & Associates, Inc. for the Old Settlers Park at Palm Valley Soccer and Other Restroom/Concession /Storage Facilities Project. Resource: Sharon Prete, Parks and Recreation Director M. James Hemenes, RLA, ASLA, Park Planner History: The Old Settlers Park at Palm Valley (OSPV) Soccer and Other Restroom /Concession/ Storage Facilities Project is a project identified through the 2001 Bond Program and other needs assessments. After discussions with the leagues that utilize the soccer facilities at OSPV, it was determined that the greatest need is for a restroom/Concession/ Storage Facility. Another Restroom Facility is also included in this project. Its location will be at the pavilion near the Virgil Rabb Playground. A necessary component of this project, as well as, other future projects, like the Family Aquatic Facility, is a wastewater line. Baker - Aicklen is to provide the Engineering for this infrastructure project. Funding Cost: Source of Funds: Outside resources: Impact/ Benefit: Public Comment: Sponsor: $420,000.00 $24,475.84 General Capital Improvement Project Funds Baker- Aicklen & Associates, Inc. These professional services are necessary for the wastewater line that will serve the restroom improvements and other projects in Old Settlers Park. N/A Parks and Recreation Department ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON 2 -oe-a5- as -118a.) CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 23th of the month of May, 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. NOW, THEREFORE, WITNESSETH: 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 Contract No. RE: Old Settler's Park Wastewater Improvement The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 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 30 day of the month of November, 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." o:\Prop Eng 03\03 -5025 Agreemenl.do 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of STwenty Four Thousand, Four Hundred Seventy Five and 84/100 Dollars ($24,475.84) 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 03\03 -5025 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 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. 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: 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 Govemment Code. o'. \Prop Eng 03\03 -5025 Agreement.doc 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] 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. o:\Prop Eng 03\03 -5025 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 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. 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 03\03 -5025 Agreement.do ARTICLE 11 ADDITIONAL WORK 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 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. 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. 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. o :\Prop Eng 03 \03 -5025 Agreement.doc ARTICLE 16 SUBCONTRACTING ARTICLE 17 EVALUATION OF WORK 7 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: \Prop Eng 03\03 -5025 Ageement.doc 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. o:\Prop Eng 03 \03 -5025 Agreement.doc 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. 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 ($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 o \Prop Eng 03 \03 -5025 Agreementdoc 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: 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 -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 03\03 -5025 Agreement.doc ARTICLE 27 COPYRIGHTS 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. City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 o: \Prop Eng 03\03 -5025 Agreement.doc ARTICLE 28 SUCCESSORS AND ASSIGNS ARTICLE 29 SEVERABILITY ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 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: 12 and to: Stephan L. Sheets City Attomey 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. 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 03 \03 -5025 Agreemen[.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. E-03 ap roved by the City Council on the ra, day of the month of Th¢y1) , 2003 , and Engineer, Pli -PF,0 Q- ekt.F,N A-Wr . C, signing by and thro(igh 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. By: CITY OF ROUND ROCK, TE By: ATTEST: City Secretary ENGINEER: By: ignature ofP Printed Name: ATTEST: iam Waeltz, P. E. By: Corporate Secretary oAProp Eng 0310 3 -5 02 5 Agreementdoc 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 03 \03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements LIST OF EXHIBITS ATTACHED 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settlers Park Wastewater Improvements 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. o:\Prop Eng 03\03.5025 Agreement.doc 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT B "Services to be performed by the Engineer." PROJECT DESCRIPTION Provide engineering and surveying services for the design of a wastewater system, which is approximately 3600 L.F. The wastewater design will incorporate tieing two future restroom facilities to the existing wastewater system in Ryan's Crossing. The wastewater design will provide for stub -outs within five feet of the two restroom facilities. Additionally, a wastewater easement, topographic and tree survey will be provided. This proposal has been based upon City supplied information for the proposed improvement. SCOPE OF SERVICES A. Wastewater Alignment Survey After a general route for the wastewater line has been selected, it will be marked on the ground so that a detailed topographic and tree location survey can be conducted along the proposed route. This survey will locate within the 30 -foot wide design corridor, existing structural, drainage and utility improvements, property lines, easements, trees of 6" or greater caliper and cross sections taken on 50 -foot intervals. A digital map showing the above items with one -foot contours will be prepared and used to create the base sheets for the engineering plans. 2. Prepare a single permanent wastewater easement with an accompanying temporary construction easement across a private lot once the final alignment has been selected. Our office will deliver an exhibit showing the proposed permanent wastewater easement as well as the temporary construction easement in relation to the subject tracts boundary. Our office will also prepare metes and bounds descriptions of each of these easements suitable for use by the City to acquire the easements. B. Project Coordination/Preliminary Design 1. Attend Project Coordination meetings with the PARD to discuss project goals and requirements. (Assumes two (2) meetings.) o: \Prop Eng 03 \03 -5025 Agreement.doc 17 2. Coordinate with Public Works for available information and project input. 3. Site visit to determine alignment possibilities. 4. Prepare Schematic layout for City approval, prior to final design. C. Final Design 1. Prepare erosion/sedimentation control and tree protection plan. 2. Prepare overall wastewater plan and sheet index. 3. Prepare wastewater plan and profile sheets. 4. Prepare cover sheet, construction notes, construction details and standards in order to relay sufficient detail for constructibility. 5. Attend progress Meetings with City and Construction Manager at Risk. (Assumes two (2) meetings.) 6. WCID and/or FEMA issues regarding Dam & Flood Plain crossing. 7. Prepare project specifications. 8. Prepare quantity take -offs. 9. Prepare Engineer's Opinion of Probable Construction Cost. D. Review — Permitting - Approvals 1. Address review comments/secure City approval. (Two (2) submittals.) 2. Prepare SWPPP and assist the City and Contractor with the submission of the Notice of intent. F. Limited Construction Phase Services 1. Assist in preconstruction conference. 2. Review shop drawings, samples, schedules and submittals. 3. Interpret drawing and specifications, as related to RFI's. 4. Perform periodic site visit to observe construction for general conformity to the contract documents. 5. Observe testing of wastewater lines. 6. Attend bi- weekly construction progress meetings. (Assumes two (2) months construction.) 7. Review contractor's pay estimates. 8. Prepare final punch list. 9. Prepare "Record Drawings ". 10. Issue Contractor's Certification of Completion. SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES A. Structural design, 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 or Reviewing Agencies. o:\Prop Eng 03 \03 -5025 Agreemem.doc 18 o: \Prop Eng 03\03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT C — WORK SCHEDULE 19 ID I Task Name 1 Duration Start Finish 2nd Quarter 13rd Quarter Apr 1 May 1 Jun 1 Jul 1 Aug 1 Sep 1 Design 28 days Fri 5123/03 Tue 7/1/03 5/23 2 Notice to Proceed Project Coordination 1 day Fri 5/23/03 Fn 5/23/03 5 days Mon 5/26/03 Fri 5/30/03 5 days Mon 6/2/03 Fri 6/6/03 10 days Mon 6/9/03 Fri 6/20/03 1 day Mon 6/23/03 Mon 6/23/03 6 days Tue 6/24/03 Tue 7 /1/03 45 days Wed 7/2/03 Tue 9/2/03 3 4 Topographic Survey Final Design Plans Submitted Review /Permitting /Approval Construction Admin 5 6/23 6 7 : : 8 Project: OSPV WW Improvements Date: Thu 5/1/03 Task Milestone External Tasks Split Summary ^ External Milestone • Project Summary ^ Deadline N/ Progress Page 1 oAProp Eng 03 \035025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT D — FEE SCHEDULE DIRECT COSTS: DIRECT LABOR OVERHEAD PERCENTAGE TOTAL LABOR & 011 FIXED FEE TOTAL COST LABOR COSTS: * $0.35 $1.50 157 $241.50 $240.00 $481.50 12% TOPOGRAPHIC DESIGN SURVEY $2,948.00 $4,628.36 $7,576.36 $909.16 $8,485.52 ENGINEERING SERVICES $5,388.00 $8,459.16 $13,847.16 $1,661.66 $15,508.82 TOTAL LABOR COST: $8,336.00 $13,087.52 $21,423.52 $2,570.82 $23,994.34 DIRECT COSTS: RATE QUANTITY TOTAL REPRODUCTION: Copies 8.5" x 11" Copies 24" x 36" Subtotal $0.35 $1.50 690 160 $241.50 $240.00 $481.50 TOTAL DIRECT COSTS: ** Budget amount, not to be considered a maximum. Total Labor Cost: $23,994.34 Total Direct Cost: $481.50 Total Project Cost: $24,475.84 City of Round Rock Agreement For Englneeering & Surveying Services with Baker - Alcklen & Associates, Inc. Old Settler's Park Wastewater Improvements *A manhour estimate is attached behind this page for reference only. o',\rop 035025 agreemenLZls Old Settler's Park Wastewater Improven City of Round Rock ENGINEERING Manhours Salary Direct Labor Cost Project Engineer 23.5 $38.00 $893.00 Project Designer Engineering Assistant 109.5 $25.00 $2,737.50 Senior CAD Tech Engineering CAD Tech 83 $18.00 $1,494.00 Administrative 15.5 $17.00 $263.50 Subtotal 231.5 $5,388.00 TOPOGRAPHIC DESIGN SURVEYS Reg Prof Land Surveyor 12 $36.00 $432.00 Senior Survey Tech 40 $20.00 $800.00 GPS Operator 1 GPS Operator 2 Party Chief 44 $15.00 $660.00 Instnunent Operator 44 $13.00 $572.00 Rodman 44 $11.00 $484.00 Administrative Subtotal o: \Engmeer03 proposal \03-5025 agreement MANHOUR SUMMARY 184 $2,948.00 SURVEYING SERVICES SCOPE OF SERVICES RPLS SST GPSI GPS2 PC 1M RM ADM TOTAL A. Wastewater Alignment Survey 1. After a general route for the wastewater line has been selected, it will be marked on the ground so that a detailed topographic and tree location survey can be conducted along the proposed route. This survey will locate, within the 30 -foot wide design corridor, existing structural, drainage and utility improvements, property lines, easements, trees of 6" or greater caliper and cross sections taken on 50 -foot intervals. A digital map showing the above items with one -foot contours will be prepared and used to create the base sheets for the engineering plans. 8 24 2 40 40 40 152 2. Prepare a single permanent wastewater easement with an accompanying temporary construction easement across a private lot once the final alignment has been selected. Our office will deliver an exhibit showing the proposed permanent wastewater easement as well as the temporary construction easement in relation to the subject tracts boundary. Our office will also prepare metes and bounds descriptions of each of these easements suitable for use by the City to acquire the easements. 4 16 2 4 4 4 32 3. Site visit to determine alignment possibilties. 2 2 4 Total Manhours 12 40 6 44 44 44 184 ENGINEERING SCOPE OF SERVICES PE PD EA SCT ECT ADM TOTAL B. Project Coordination/Peliminary Design 1. Attend Project Coordination meetings with the PARD to discuss project goals and requirements. (Assumes two (2) meetings.) 2 2 4 2. Coordinate with Public Works for available information and project input. 1 2 3 3. Site visit to determine alignment possibilties. 2 2 4 4. Prepare Schematic layout for City approval, prior to final design. 1 6 16 23 C. Final Design: 1. Prepare erosion/sedimentation control and tree protection plan. 0.5 2 4 6.5 MANHOUR ESTIMATE Brushy Creek Trail East City of Round Rock SCOPE OF SERVICES PE PD EA SCT ECT ADM TOTAL 2. Prepare overall wastewater plan and sheet index. 0.5 2 4 6.5 3. Prepare wastewater plan and profile sheets. 1 16 36 53 4. Prepare cover sheet, construction notes, construction details and standards in order to relay sufficient detail for constructibility. 0.5 1 8 9.5 5. Attend progress meetings with City & Construction Manager at Risk. 2 2 4 6. WCID and/or FEMA issues regarding Dam & Flood Plain Crossing. 3 10 13 7. Prepare project specifications. 1 4 4 9 8. Prepare quantity take -offs. 1 2 3 9. Prepare Engineer's Opinion of Probable Construction Cost. 0.5 2 1 3.5 D. Review - Permitting - Approvals 1. Address review comments /secure City approval. (Two (2) submittals.) 1 4 8 2 15 2. Prepare SWPPP and assist the City and Contractor with the submission of the Notice of Intent. 1 24 1 3 29 E. Limited Construction Phase Services: 1. Assist in preconstmction conference. 1 1 2 2. Review shop drawings, samples, schedules and submittals. 0.5 4 4.5 3. Interpret drawing and specifications, as related to RFI's. 1 2 1 4 4. Perform periodic site visit to observe construciton for general conformity to the contract documents. 1 3 4 5. Observe testing of wastewater lines. 8 8 6. Attend bi- weekly construction progress meetings. (Assumes two (2) months construction.) 4 2 6 7. Review contractor's pay estimates. 1 2 3 8. Prepare final punch list. 1 4 0.5 5.5 9. Prepare "Record Drawings ". 0.5 1 4 1 6.5 10. Issue Contactor's Certification of Completion. 0.5 0.5 1 2 Total Manhours 23.5 109.5 83 15.5 231.5 PE Project Engineer SCT Senior CAD Tech RPLS Registered Professional Land Surveyor GPS 2 GPS Operator 2 o:\Engineer03 proposa1103 - 5025 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 4 �s t o:\Prop Eng 03 \03 -5025 Agreement.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING & SURVEYING SERVICES WITH Baker - Aicklen & Associates, Inc. RE: Old Settler's Park Wastewater Improvements EXHIBIT E — WORK AUTHORIZATIONS ,05/07/03 WED 16:14 FAX 5122449623 CERTIFICATE OF LIABILITY INSURANCE PRODUCER GREATER TEXAS INSURANCE AGENCY 9809 ANDERSON MILL ROAD AUSTIN, TX 78750 LTR A A A A GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER O: \wdox \FORM \corrwnl \ DOC TP 1789812 -22 03/20/03 03/20/04 TA 2333157 -22 03/20/03 03/20/04 NU 2803198 -22 03/20/03 03/20/04 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS Baker- Alcklen /RR 444 RR PARKS & AEC COMPANIES AFFORDING COVERAGE A. UNION STANDARD B. C. INSURED BAKER- AICKLEN & ASSC. Inc. D 203 EAST MAIN SUITE 201 ROUND ROCK, TX 78664 THIS IS TO CERTIFY TI -IAT 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 EX IRAT ON LIMITS DATE GENERAL AGGREGATE PRODUCTS - COMP /OP AGO. PERSONAL Be ADV. INJURY EACH OCCURRENCE WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS NC 2508012-22 03/20/03 03/20/04 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - POLICY LIMIT Date: 04/14/03 002 2,000,000 2,000,000 $1,000,000 51,000,000 PIRE DAMAGE (Any one fire) $ 100, 000 MED. EXPENSE (Any one persn4S 5 000 COMBINED SINGLE LIMIT $ 500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per occident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $1,000,000 $1,000,000 $1,000,000 The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and F.mpluyo Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing c0n,pany w,' mail thirty (30) days written notice to the certificate holder named below. ) . CERTIFICATE HOLDER: City of Round Rock SIGNAT.UIjEOrrI,UTIIORIZEI REPRESENTATI 224 L. Main Street - r�•- -- ..___. ... Round Rock. Texas 76664 ✓ ,p,_. _ c_-, Attn: Christine Martinez Typed acne. RAY PRICE Title: AGENT 05/07/03 WED 10:30 FAX 5122449623 CERTIFICATE OF LIABILITY INSURANCE PRODUCER COMPANIES AFFORDING COVERAGE USl Insurance Services, Inc. A. Security lns. Co. of Flart£ord 1946 S.119 5, Suite 301 Austin, Texas 78704 (512)443 -0878 TISITRED C. Baker- Aicklen & Associates 203 E. Main Street, Spite 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 NUNMER LTR GrJN.ERAL LIAEI AUTOMOBILE LIABILITY CESS LI WORK '5 COMP a ION - ND EMPLOYER' - LIABIL. A OTHER Professional Liab lity 01w do s \FORMS \con•\unl \000336 C A.6E0227058 Baker- Alcklen /RR -, -'-' RR PARKS & REC l @uu2 EFFECTIVE EXPIRATION LIMITS DATE DATE Date :01 /15/03 UkNE I. AG I GA . S PRODUCTS- COMP /OP AGO. S PERSONAL & ADV. INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one person)S COMM SINOL LIMIT S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EA CCUISR CE 3 AGGREGATE S STATUTORY LIMITS EACH ACCIDENT S DISEASE - POUCY LIMIT 1 DISEASE - POLICY LIMIT $ Per Claim: 51,000.000 05/21/02 05/21/03 Annual Aggregate: 61,000,000 DESCRIPTION OP OPERATIONS /LOCATION57VEls C.L8REPECIALITEM9/EXCEPTIQNS 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 w/ he reduced by payment of irtdemaity and expense. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' T -ia In itv Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will snail thirty (30) days written notice to the certificate holder named below. CER'1'it'ICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Attn: Christine Martinez SI Jim Jimrnerson Titie:Sal =e Executive AUTHORIZED REPRESENTATIVE Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Man McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. May 29, 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- 05 -22- 11B2 at their regularly scheduled meeting on May 22, 2003. This resolution approves an Agreement for Engineering and Surveying Services for the Old Settlers Park at Palm Valley Soccer and Other Restroom /Concession /Storage Facilities Project. 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 218 -5540. Sherri Monroe Assistant City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone: 512218.540o • Fax: 512.218.7097 • www.ci, round- rock.tx. as