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R-03-08-14-14F3 - 8/14/2003RESOLUTION NO. R- 03- 08- 14 -14F3 WHEREAS, the City of Round Rock desires to retain engineering services for design work on the Doublecreek Drive and Forest Creek Drive Project, and WHEREAS, Gray - Jansing & Associates, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Gray - Jansing & Associates, Inc. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Gray - Jansing & Associates, Inc. for design work on the Doublecreek Drive and Forest Creek Drive Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of August, 2003. _A kg AL : dB 1. /Ad AT CHRISTINE R. MARTINEZ, City Secret ® PFOesktop\:. ODW/ WORLDO%/ 0 : /WDOR /RESOLOTI /R30919F3.WPD /ec NY Se EL , Mayor City of Round Rock, Texas 1 y ROUND ROCK TEXAS PURPOSE PASSION PROSPERT ? THE STATE OF TEXAS CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH GRAY - JANSING & ASSOCIATES, INC., FOR DOUBLECREEK DRIVE & FOREST CREEK BLVD.. STREET & DRAINAGE IMPROVEMENT PLANS COUNTY OF WILLIAMSON § NOW, THEREFORE, WI NESSETH: Engineering Sery Agreement -4-2003 File name:GJA.Contract.7.10.03.doc RECITALS: CONTRACT DOCUMENTS 1 2 EXHIBIT Ih A II THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 24 day of the month of July, 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 GRAY- JANSING & ASSOCIATES, INC., whose principal place of business is located at 8217 Shoal Creek Boulevard, #200, Austin, Texas, 78757, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Rev.4/ 1 /03 Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 1 day of the month of July, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. 2 Rev.4 /1/03 ARTICLE 4 COMPENSATION ARTICLE 5 METHOD OF PAYMENT 3 (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." 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 Ninety-Four Thousand, One Hundred Fifty -Five Dollars and Ninety Cents ($94, 155.90) 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 Rev. 4/1/03 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. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." 4 Rev. 4 /I /03 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein, Transportation Engineering Associate 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218 -5562 Fax Number (512) 218 -3242 Email Address bstablein@round- rock.tx.us 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: Stephen Collins, P.E. Gray- Jansing & Associates, Inc. 8271 Shoal Creek Blvd., 4200, Austin, Texas 78757 Telephone Number 452 -0371 Fax Number 454 -9933 Email Address scollins @gja.net 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: 5 Rev. 4/1/03 (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City fmds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such 6 Rev. 4/1/03 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 specified in Article 3 entitled "Contract Temi." 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 fumish 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 7 Rev. 4/1/03 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. 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. 8 Rev. 4/1/03 (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 -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. 9 Rev. 4/1/03 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 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 10 Rev. 4/1/03 from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars 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 this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in the limit or scope of 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 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 are the sole responsibility of and at the sole risk of Engineer. 11 Rev. 4/1/03 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees 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. (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 as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12 Rev. 4/1/03 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Stephen Collins, P.E. Gray- Jansing & Associates, Inc. 8217 Shoal Creek Blvd., #200 Austin, Texas 78757 ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. 13 Rev. 4/1/03 (2) Force Majeure. Neither City nor Engineer shall be deemed m violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given; and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the 14 day of the month of August, 2003, and Engineer, Gray - Jansing & Associates, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary GRAY - JANSING & ASSOCIATES, INC By: Signature of �icipal Printed Name: David W. Gray, P.E. ARTICLE 34 SIGNATORY WARRANTY 2 14 Rev. 4/1/03 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 Rev. 4/1/03 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: EXISTING INFORMATION ALONG CORRIDOR 1. Copies of as -built construction plans. 2. Utility information (plans, maps, etc.) archived within the City of Round Rock. 3. Subdivision plats and site plans along Doublecreek Drive to Forest Creek Blvd. RIGHT -OF -WAY (ROW) 1. Assist in the utility coordination process. 2. Assist in ROW acquisition process. FIELD SURVEYING 1. Provide all survey information to date. ROADWAY DESIGN CONTROL 1. Design speed and specific criteria for project design. DRAINAGE DESIGN 1. Provide available information on existing drainage facility. 2. Provide Hydraulic design criteria for project design. 3. Provide standard details as necessary. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Provide standard details as necessary. MISCELLANEOUS (ROADWAY) 1. Provide direction necessary to permit decisions for aesthetic treatment of structures and landscaping. 2. Coordinate and host utility coordination meetings. 3. Prepare and coordinate any Utility Agreements as required. 4. Provide standard detail sheets, general note library, and specification as necessary. 16 Rev. 4/1/03 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. Monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. The Engineer will prepare a memorandum documenting progress meetings. When feasible, the City's standard drawings and specifications of previously approved special provisions/specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. The Engineer will work with the city's project manager on items that require preliminary approval. The Engineer will incorporate all plans th nished by the City into one complete set of engineering documents. The Engineer will solicit and secure written permission for entry to accomplish any work within the proposed right-of-way. The Engineer is fully responsible for any traffic control required from any data collection activities. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." GENERAL The scope of services to be provided for Doublecreek Drive and Forest Creek Blvd. consists of the design of a four -lane divided roadway section with an underground storm sewer system. Doublecreek Drive will extend from Gattis School Road to the proposed Round Rock Ranch subdivision. Forest Creek Blvd will extend from Doublecreek Drive to the existing endpoint of Forest Creek Blvd. in the Lake Forest subdivision, and includes a bridge crossing and two culvert crossings. Right -of -way will be acquired for the entire Project. Doublecreek Drive will extend from Gattis School Road to the boundary of the proposed Round Rock Ranch subdivision and will contain approximately 4,540 feet of roadway centerline. A signal will be required at the intersection of Doublecreek Drive and Gattis School Road. Forest Creek Blvd. will extend from Doublecreek Drive to the existing endpoint of Forest Creek Blvd. in the Lake Forest subdivision and will contain approximately 8,670 feet of roadway centerline. Forest Creek Blvd will include a bridge crossing at Dyer Creek and two culvert crossings. A signal will be required at the intersection of Doublecreek Drive and Forest Creek Blvd. The following design standards shall be used: 1. AASHTO A Policy on Geometric Design of Highways and Streets 2. TxDOT Standard Specifications, Special Provisions and Special Specifications 17 Rev. 4/1/03 3. TMUTCD Texas Manual on Uniform Traffic Control Devices 4. TxDOT Storm Water Management Guidelines for Construction Activities 5. City of Round Rock Comprehensive Transportation Master Plan 6. City of Round Rock Subdivision Regulations DESIGN AND APPROVAL PHASE ROADWAY DESIGN CONTROL 1. Define the horizontal and vertical alignment of roadways. 2. Provide design cross - sections. 3. Prepare typical sections. 4. Develop plan/profile sheets. 5. Develop intersection/driveway details. 6. Miscellaneous roadway details. MISCELLANEOUS (ROADWAY) 1. Prepare project estimate, project specifications and general notes. 18 The Engineer shall provide the following engineering services required for the preparation of the construction plans and specifications: RIGHT -OF -WAY (ROW) 1. Participate in the utility coordination process. 2. Develop proposed ROW requirements for Doublecreek Drive and Forest Creek Blvd. 3. Prepare legal descriptions for ROW parcel acquisition. 4. Prepare easement descriptions with sketches for any necessary drainage easements. 5. Property line location for ROW parcel acquisition. FIELD SURVEYING 1. Identify existing utility information, determine area of conflicts and field locate conflicting utility lines both horizontally and vertically. 2. Prepare design survey information including all vertical and horizontal data collection in the field for the proposed Project roadway alignment. 3. Provide to Contractor horizontal and vertical datum for construction of Project. DRAINAGE, CULVERT AND BRIDGE DESIGN 1. Prepare drainage area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for culverts, bridges, channels, storm sewer and inlets. 3. Prepare hydraulic data sheets. 4. Determine limits of required permanent drainage easements and outfall structures. 5. Develop storm sewer plan/profile and culvert cross section sheets. 6. Develop miscellaneous drainage details. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Prepare signing and pavement markings layout: 2. Prepare summary of small signs. 3. Prepare summary of pavement markings. 4. Prepare Traffic signal plans. 5. Coordinate with local utility company and confinn signal/illumination power source. Rev. 4/1/03 2. Prepare special specifications as required for non - standard items. 3. Prepare cost estimate. 4. Develop construction time estimate. APPROVAL 1. Submit plans and specifications to City of Round Rock and Corps of Engineers (if applicable) for review and comment. 2. Meet with City staff to go over and address review comments. 3. Make Revisions to plans and specifications as needed to address review comments. The construction plans and specifications for all improvements will be prepared in accordance with criteria as set forth by the City of Round Rock. The construction plans and specifications will need to be submitted to the City of Round Rock for review and approval. The City will review and comment on the construction plans and specifications. The review comments will need to be addressed prior to the finalization of the plans and bidding on the contract for installation of the improvements. All original construction plans for this Project will be prepared on GJA mylar plan sheets and signed and sealed by registered professional engineers from GJA. CONSTRUCTION ADMINISTRATION AND PROJECT REPRESENTATIVE PHASES The Engineer shall provide the following engineering services required for construction administration and periodic project representation: 1. Manage and coordinate all aspects of the construction bidding process necessary for the Project. 2. Prepare the contract documents for the Contractor and City to execute for construction of the Project. 3. Issue all routine instructions to the Contractor. 4. Attend periodic construction coordination meetings with Contractor and City. 5. Perform periodic field review regarding progress and compliance of his work with construction specifications. 6. Prepare all routine change orders and make recommendations regarding same to City. 7. Review and recommend to the Owner for approval of the Contractor's monthly pay estimate. 8. Provide final review of the construction improvements in order to issue an Engineer's Certificate of Substantial Completion. 9. Prepare record drawings as required by the City. 10. Provide clarification of construction plans and specifications as needed to Contractor and City. NOTE: Construction staking activities in the field and preparation of cut sheets for all utility cuts, location of manholes and services, rough cuts for streets, final curb and gutter elevations, and locations of all drainage and detention improvements will be provided by the Contractor by a registered public surveyor and submitted to Engineer for review and recommendation to City. STREET AND DRAINAGE CONSTRUCTION PLANS — ENGINEERING FEES /COMPENSATION The proposed lump sum engineering fees for providing all of the above - listed engineering services related to the preparation of construction plans and specifications for street improvements, as well as acquiring approvals through the City of Round Rock, performing construction administration services during the course of construction of the Project are as follows: Doublecreek Drive & Forest Creek Blvd. Street and Drainage Improvement Plans $94,155.90 19 Rev. 4/1/03 These proposed engineering fees for engineering design and construction administration services are proposed to be billed as follows: 60% upon submission of the plans and specifications to the City of Round Rock for approval. 20% at addressing comments of the City of Round Rock for approval. 5% upon approval of the construction plans and specifications by the City of Round Rock. 15% prorated over the period of construction billed on a monthly basis. Reimbursable expenses for copies, bluelines and mylars will be billed monthly and itemized on the invoice. Inspection, filing, plan review fees, capital recovery fees, etc., as required by the various governmental entities will be the Owner's responsibility for payment directly to those entities. ENGINEERING SERVICES EXCLUDED FROM THIS CONTRACT The following engineering services are considered outside the scope of services outlined in this Contract and will be provided to the City on an hourly basis invoiced monthly in accordance with the Engineer's Fee Schedule. 1. Services of a full time Project Representative and other field personnel, as required, for on -site observation of construction. 2. Construction staking services. 3. Land planning and overall master planning. 4. Appearance before regulatory agencies other than to acquire approvals of the construction plans outlined in the Proposal. 5. Special investigations involving detailed consideration of operation, maintenance and overhead expenses, preparation of rate schedules, earnings and expense statements, special feasibility studies, flood studies, appraisals, valuations, and material audits or inventories required for certification of force account construction performed by the City. 6. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 7. Soil and foundation investigations, including bore hole staking, test analyses or equipment. 8. Detailed mill, shop and/or laboratory inspection of materials or equipment. 9. Revisions to construction plans after the scope of work has been approved by the City other than to address routine review comments by governmental agencies on the plans. 10. Preparation of extensive drainage or floodplain studies as may be required by governmental entities for approval of the Project. 20 Rev. 4/1/03 EXHIBIT D SALARY COST/RATES Principal $57 - $65 Hour Project Manager $35 - $38 Hour Project Staff $30 - $41 Hour Technical Support $12 - $14 Hour Field Representative $34 - $37 Hour Clerical Support $21 - $31 Hour Final Ortho - photography Plots Reproduction Mileage Airline Flights Per Diem Mail $ 0.60 $ 0.15 $ 0.31 $ 0.33 SF EA Mile EA Day EA Overhead, Operating & Profit 2.4X PROJECT DETAILS Project Length Railroad Crossings Bridges Channels (Requiring Sections) Bridge Class Culverts Other Culverts Traffic Signals ( Gattis School Rd. & Doublecreek/Forest Creek) Overhead Sign Bridges (OSB) Cantilever Overhead Signs (COSS) Large Signs ROW Parcels Agency /Committee Meetings Public Meetings Public Hearings Environmental Documents (Corps of Engineers) 4,540 Ft. Double Creek Drive from Gattis School Road to Round Rock Ranch 8,670 Ft. Forest Creek Blvd. from Doublecreek Drive to Lake Forest Subdivision 13,210 Ft 0 Each 1 Each 3 Each 2 Each 0 Each 2 Each 0 Each 0 Each 0 Each 7 Each 18 Each 3 Each 0 Each 1 Each 21 Rev. 411/03 07/20/2003 16:09 00000000000 111. 1111111111111111 CERTIFICATE OF LIABILITY INSURANCE Date: 07/28/01 PRODUCER COMPANIES AFFORDING COVERAGE USI Insurance Services of Texas A Security Insurance Co. of Hartford 1946 S iii 35, Suite 301 Austin, TX 78701 INSURED GrayJansin8 & Associates, Inc. 8217 Shoal Creek BIvd., Suite 200 Austbo, TX 78757 B C D 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 Ek'PECTIYE EXPIRATION MITTS LTR NUMBER DATE DATE GENERAL LIABILITY Al1TOMOBILB LIA9I Iry EXCESS LIABILITY WORKERS' COMPBNSATION AND EMPLOYERS' LGIHILLTY DESCRIPTION OP OPERATIONS /L. /SPECIAL LTEMSIExcBP'rIOou GENERAL AGGREOATB S PRODVCrs- COI,n,/OP AGO. S PERSONAL & ADY. IWURY 6 BACH OCCURRENCE S FIRE DAMAGE (Any one are) S MED. EXPENSE (Any one pereong COMBINED SINGLE LIMIT 1 BODILY INJURY (Per person) 3 SODELY INIURY (Per aacidea9 S PROPERTY DAMAGE S EACH OCCURRENCE S AGGREGATE S STATUTORY LIMITS S EACH ACCIDENT S DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LIABILITY AEEE0232428 07/26/03 07/26/04 31,000,000/ CLAIM SLOOO,00saconEGATE PAGE 01 The City of Round Rock is named as additional Insured with respect to all policies except Workers' Compensation and Esaployers' Liability and Professional Liability. Should am/ of the above described policies be cancelled or changed before the expiration date thereof, die issuing company will mail thirty (30) days written notice to the eeltlficate holder named below. CERTIFICATE BOLDER: City Manager City of Round Rock 221 B. Main Strut Round Rock, Teua 78664 SIGNATL)$E pP AUTO! Typed Name: Jim Iimnnroon Title: Amount Executive City of Round Rook 2603.doe Ia'II.IIIBIT - Revised 10/2002 ENTATNE nondis: 4 Vialury •417 y �,i� " /ii1\ �IIIIIIIIIIIIE3� Ida IC�C� \i ii{ R uIA . 1111 111111: li i'f {ice wIV &4::Ogirk• :t � ■In lr 11/.■► A111111111 lIfl 1! !!j i ��111Mnn MINIM e Z ar mums 1'1111 .„9011 ,. ;1,a1111111111 r111111iidi � �� 1111i a nt t rWaw - rat 0.14 %I :. Double Creek Drive R.00NOROCN.TE %0.S p �111■I< ►�� sk /�1IIIII ►�� � I 7111W66 s .�tt, a ►►ra �ill�l . 1 1.."-IirallerillIMUrir wim 44 vis . r��I►�1� o f t • 1 i 1,1 i iu " • 11 • o,. . 1111111111111 ' 2 I � r,rr- r 1 11111111111 l P `I<II� i r �� Woos yr },74',,I � .4 I 1 11 4 AC kiariltd: 1 Lamm ill o � / ` iii` 4 w tO11A11N • 411flit /IIIIIIIIII i �AA����I�� ammo dfou111• 2 rr �IIU���i� iII III��,�I ,m. ii IIIIIIIII Double Creek Drive RWND ROCK TFXAS DATE: SUBJECT: ITEM: History: Impact /Benefit: Public Comment: Sponsor: 4 i_ 4 August 8, 2003 Funding: Cost: Source of funds: Outside Resources: N/A N/A City Council Meeting - August 14, 2003 14.F.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Gray - Jansing & Associates, Inc. for design work on the Double Creek Drive and Forest Creek Drive Project. Resource: Tom Word, Chief of P. W. Operations Bill Stablein, Transportation Engineering Associate The original contract on July 13, 2000 was for $538,860.00 and included the design of a four -lane divided roadway section with underground storm sewer system. The engineer was asked by the City to perform additional work to redesign a portion of Forest Creek Boulevard to save historical oak trees, produce a right -of -way map, split the construction phase of Doublecreek and Forest Creek into two phases, preparation of street light plans for both projects, substituting a 2 -span bridge for the originally designed 3 -span bridge for Forest Creek Boulevard, and revisions to roadway designs to accommodate newly proposed Arterial A intersection grades. The engineer has agreed to perform the work for $94,155.90. $94, 155.90 Transportation System Development Corporation Gray - Jansing & Associates, Inc. Right -of -way will be dedicated by the plat process, and developer agreements obtained prior to the construction of Doublecreek Drive and Forest Creek Boulevard. Design revised completion of Doublecreek Drive and Forest Creek Boulevard will provide construction plans for a new avenue of approach for vehicular traffic in the Gattis School Road and Red Bud Lane areas. ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH GRAY - JANSING & ASSOCIATES, INC., FOR DOUBLECREEK DRIVE & FOREST CREEK BLVD.. STREET & DRAINAGE IMPROVEMENT PLANS § § THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 24 day of the month of July, 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 GRAY - JANSING & ASSOCIATES, INC., whose principal place of business is located at 8217 Shoal Creek Boulevard, #200, Austin, Texas, 78757, (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 2 -03 -08- pi -14F3 Engineering Sery Agreement-4-2003 File name:GJA.Contract.7.10.03.doc Rev.4 /1/03 1 Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 1 day of the month of July, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided m 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 m 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. hi 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. 2 Rev,4/1/03 (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." 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 Ninety -Four Thousand, One Hundred Fifty-Five Dollars and Ninety Cents ($94, 155.90) 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 m 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. 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 m 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 3 Rev. 4/1/03 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. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." 4 Rev. 4/1/03 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Bill Stablein, Transportation Engineering Associate 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218 -5562 Fax Number (512) 218 -3242 Email Address bstablein @round - rock.tx.us 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: Stephen Collins, P.E. Gray - Jansing & Associates, Inc. 8271 Shoal Creek Blvd., #200, Austin, Texas 78757 Telephone Number 452 -0371 Fax Number 454 -9933 Email Address scollins @gja.net 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: 5 Rev. 4/1/03 (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such 6 Rev. 4/1/03 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 m Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, m the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with 7 Rev. 4/1/03 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 perfonnance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any 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. 8 Rev. 4/1/03 (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-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. 9 Rev. 4/1/03 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 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 10 Rev. 4/1/03 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, m its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars 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 this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change m the limit or scope of 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 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 are the sole responsibility of and at the sole risk of Engineer. 11 Rev. 4/1/03 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees 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. (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 as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12 Rev, 4/1/03 Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Stephen Collins, P.E. Gray - Jansing & Associates, Inc. 8217 Shoal Creek Blvd., #200 Austin, Texas 78757 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS ARTICLE 32 NOTICES ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. 13 Rev. 411/03 (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate naive b its Mayor, duly authorized to execute the same on its behalf by Resolution No. - 6,3 -OS -1 -03 , approved by the City Council on the 14 day of the month of August, 2003, and Engineer, Gray- Jansing & Associates, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. By: Nyle CITY OF ROUND ROCK, TE ATTE By: By: Signature of ayor ARTICLE 34 SIGNATORY WARRANTY X11. ∎1//L ' 1 I I//L!/4 Christine Martinez, City Secretary GRAY - JANSING & ASSOCIATES, INC Printed Name: David W. Gray, P.E. 14 Rev. 4/1/03 A LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 Rev. 4/1/03 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: EXISTING INFORMATION ALONG CORRIDOR 1. Copies of as -built construction plans. 2. Utility information (plans, maps, etc.) archived within the City of Round Rock. 3. Subdivision plats and site plans along Doublecreek Drive to Forest Creek Blvd. RIGHT -OF -WAY (ROW) 1. Assist in the utility coordination process. 2. Assist in ROW acquisition process. FIELD SURVEYING 1. Provide all survey information to date. ROADWAY DESIGN CONTROL 1. Design speed and specific criteria for project design. DRAINAGE DESIGN 1. Provide available information on existing drainage facility. 2. Provide Hydraulic design criteria for project design. 3. Provide standard details as necessary. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Provide standard details as necessary. MISCELLANEOUS (ROADWAY) 1. Provide direction necessary to permit decisions for aesthetic treatment of structures and landscaping. 2. Coordinate and host utility coordination meetings. 3. Prepare and coordinate any Utility Agreements as required. 4. Provide standard detail sheets, general note library, and specification as necessary. 16 Rev. 4/1/03 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. Monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. The Engineer will prepare a memorandum documenting progress meetings. When feasible, the City's standard drawings and specifications of previously approved special provisions /specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. The Engineer will work with the city's project manager on items that require preliminary approval. The Engineer will incorporate all plans furnished by the City into one complete set of engineering documents. The Engineer will solicit and secure written permission for entry to accomplish any work within the proposed right -of -way. The Engineer is fully responsible for any traffic control required from any data collection activities. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." GENERAL The scope of services to be provided for Doublecreek Drive and Forest Creek Blvd. consists of the design of a four -lane divided roadway section with an underground storm sewer system. Doublecreek Drive will extend from Gattis School Road to the proposed Round Rock Ranch subdivision. Forest Creek Blvd. will extend from Doublecreek Drive to the existing endpoint of Forest Creek Blvd. in the Lake Forest subdivision, and includes a bridge crossing and two culvert crossings. Right -of -way will be acquired for the entire Project. Doublecreek Drive will extend from Gattis School Road to the boundary of the proposed Round Rock Ranch subdivision and will contain approximately 4,540 feet of roadway centerline. A signal will be required at the intersection of Doublecreek Drive and Gattis School Road. Forest Creek Blvd. will extend from Doublecreek Drive to the existing endpoint of Forest Creek Blvd. in the Lake Forest subdivision and will contain approximately 8,670 feet of roadway centerline. Forest Creek Blvd. will include a bridge crossing at Dyer Creek and two culvert crossings. A signal will be required at the intersection of Doublecreek Drive and Forest Creek Blvd. The following design standards shall be used: 1. AASHTO A Policy on Geometric Design of Highways and Streets 2. TxDOT Standard Specifications, Special Provisions and Special Specifications 17 Rev. 4/1/03 3. TMUTCD Texas Manual on Uniform Traffic Control Devices 4. TxDOT Storm Water Management Guidelines for Construction Activities 5. City of Round Rock Comprehensive Transportation Master Plan 6. City of Round Rock Subdivision Regulations DESIGN AND APPROVAL PHASE The Engineer shall provide the following engineering services required for the preparation of the construction plans and specifications: RIGHT -OF -WAY (ROW) 1. Participate in the utility coordination process. 2. Develop proposed ROW requirements for Doublecreek Drive and Forest Creek Blvd. 3. Prepare legal descriptions for ROW parcel acquisition. 4. Prepare easement descriptions with sketches for any necessary drainage easements. 5. Property line location for ROW parcel acquisition. FIELD SURVEYING 1. Identify existing utility information, determine area of conflicts and field locate conflicting utility lines both horizontally and vertically. 2. Prepare design survey information including all vertical and horizontal data collection in the field for the proposed Project roadway alignment. 3. Provide to Contractor horizontal and vertical datum for construction of Project. ROADWAY DESIGN CONTROL 1. Define the horizontal and vertical alignment of roadways. 2. Provide design cross - sections. 3. Prepare typical sections. 4. Develop plan/profile sheets. 5. Develop intersection/driveway details. 6. Miscellaneous roadway details. DRAINAGE, CULVERT AND BRIDGE DESIGN 1. Prepare drainage area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for culverts, bridges, channels, storm sewer and inlets. 3. Prepare hydraulic data sheets. 4. Determine limits of required permanent drainage easements and outfall structures. 5. Develop storm sewer plan/profile and culvert cross section sheets. 6. Develop miscellaneous drainage details. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Prepare signing and pavement markings layout: 2. Prepare summary of small signs. 3. Prepare summary of pavement markings. 4. Prepare Traffic signal plans. 5. Coordinate with local utility company and confirm signal/illumination power source. MISCELLANEOUS (ROADWAY) 1. Prepare project estimate, project specifications and general notes. 18 Rev. 4/1/03 2. Prepare special specifications as required for non - standard items. 3. Prepare cost estimate. 4. Develop construction time estimate. APPROVAL 1. Submit plans and specifications to City of Round Rock and Corps of Engineers (if applicable) for review and comment. 2. Meet with City staff to go over and address review comments. 3. Make Revisions to plans and specifications as needed to address review comments. The construction plans and specifications for all improvements will be prepared m accordance with criteria as set forth by the City of Round Rock. The construction plans and specifications will need to be submitted to the City of Round Rock for review and approval. The City will review and comment on the construction plans and specifications. The review comments will need to be addressed prior to the finalization of the plans and bidding on the contract for installation of the improvements. All original construction plans for this Project will be prepared on GJA mylar plan sheets and signed and sealed by registered professional engineers from GJA. CONSTRUCTION ADMINISTRATION AND PROJECT REPRESENTATIVE PHASES The Engineer shall provide the following engineering services required for construction administration and periodic project representation: 1. Manage and coordinate all aspects of the construction bidding process necessary for the Project. 2. Prepare the contract documents for the Contractor and City to execute for construction of the Project. 3. Issue all routine instructions to the Contractor. 4. Attend periodic construction coordination meetings with Contractor and City. 5. Perform periodic field review regarding progress and compliance of his work with construction specifications. 6. Prepare all routine change orders and make recommendations regarding same to City. 7. Review and recommend to the Owner for approval of the Contractor's monthly pay estimate. 8. Provide final review of the construction improvements in order to issue an Engineer's Certificate of Substantial Completion. 9. Prepare record drawings as required by the City. 10. Provide clarification of construction plans and specifications as needed to Contractor and City. NOTE: Construction staking activities in the field and preparation of cut sheets for all utility cuts, location of manholes and services, rough cuts for streets, final curb and gutter elevations, and locations of all drainage and detention improvements will be provided by the Contractor by a registered public surveyor and submitted to Engineer for review and recommendation to City. STREET AND DRAINAGE CONSTRUCTION PLANS — ENGINEERING FEES /COMPENSATION The proposed lump sum engineering fees for providing all of the above - listed engineering services related to the preparation of construction plans and specifications for street improvements, as well as acquiring approvals through the City of Round Rock, performing construction administration services during the course of construction of the Project are as follows: Doublecreek Drive & Forest Creek Blvd. Street and Drainage Improvement Plans $94,155.90 19 Rev. 4/1/03 These proposed engineering fees for engineering design and construction administration services are proposed to be billed as follows: 60% upon submission of the plans and specifications to the City of Round Rock for approval. 20% at addressing comments of the City of Round Rock for approval. 5% upon approval of the construction plans and specifications by the City of Round Rock. 15% prorated over the period of construction billed on a monthly basis. Reimbursable expenses for copies, bluelines and mylars will be billed monthly and itemized on the invoice. Inspection, filing, plan review fees, capital recovery fees, etc., as required by the various governmental entities will be the Owner's responsibility for payment directly to those entities. ENGINEERING SERVICES EXCLUDED FROM THIS CONTRACT The following engineering services are considered outside the scope of services outlined in this Contract and will be provided to the City on an hourly basis invoiced monthly in accordance with the Engineer's Fee Schedule. 1. Services of a full time Project Representative and other field personnel, as required, for on -site observation of construction. 2. Construction staking services, 3. Land planning and overall master planning. 4. Appearance before regulatory agencies other than to acquire approvals of the construction plans outlined in the Proposal. 5. Special investigations involving detailed consideration of operation, maintenance and overhead expenses, preparation of rate schedules, earnings and expense statements, special feasibility studies, flood studies, appraisals, valuations, and material audits or inventories required for certification of force account construction performed by the City. 6. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 7. Soil and foundation investigations, including bore hole staking, test analyses or equipment. 8. Detailed mill, shop and/or laboratory inspection of materials or equipment. 9. Revisions to construction plans after the scope of work has been approved by the City other than to address routine review comments by governmental agencies on the plans. 10. Preparation of extensive drainage or floodplain studies as may be required by governmental entities for approval of the Project. 20 Rev. 4/1/03 EXHIBIT D SALARY COST/RATES Principal $57 - $65 Hour Project Manager $35 - $38 Hour Project Staff $30 - $41 Hour Technical Support $12 - $14 Hour Field Representative $34 - $37 Hour Clerical Support $21 - $31 Hour Final Ortho- photography Plots Reproduction Mileage Airline Flights Per Diem Mail $ 0.60 $ 0.15 $ 0.31 $ 0.33 SF EA Mile EA Day EA Overhead, Operating & Profit 2.4X PROJECT DETAILS Project Length Railroad Crossings Bridges Channels (Requiring Sections) Bridge Class Culverts Other Culverts Traffic Signals (Gattis School Rd. & Doublecreek/Forest Creek) Overhead Sign Bridges (OSB) Cantilever Overhead Signs (COSS) Large Signs ROW Parcels Agency /Committee Meetings Public Meetings Public Hearings Environmental Documents (Corps of Engineers) 4,540 Ft. Double Creek Drive from Gattis School Road to Round Rock Ranch 8,670 Ft. Forest Creek Blvd. from Doublecreek Drive to Lake Forest Subdivision 13,210 Ft O Each 1 Each 3 Each 2 Each 0 Each 2 Each O Each 0 Each O Each 7 Each 18 Each 3 Each 0 Each 1 Each 21 Rev. 4/1/03 0 «/28/2003 16:08 00000000000 CERTIFICATE OF LIABILITY INSURANCE INSURED GraNanaing & Associates, Inc. 8217 Shoal Creek Blvd., Suite 200 Austin, TX 78757 GENERAL LIABILTr AUTOMOBILE LIABILITY EXCESS LABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABXLrX Y B C D DESCRIPTION OF OPERA' 1ONS/LOCATIONSNEIECLES /SPECIAL tirds Bxcap'rioNS Chy of Round Rock 2603.doe EDIT - 111 1111111111111111 CO T)fPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE Date: 07/28/03 PRODUCER COMPANIES AFFORDING COVERAGE USI Insurance Services of Texas A Security Insurance Co. of Hartford 1946 S IH 35, Suite 301 Austin, TX 78701 Typed Name: Em ammeraen Tide: Accgypt Bxecudv5 GENERAL AGGREGATE $ PRODUCTS- COMP /Op AGO. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one firs) $ bffiD. EXPENSE (Any oa peracul3 COMBINED SINGLE LIMIT S BODILY INJURY (Per petsw0 S BODILY INJURY (Per accident) 3 PROPERTY DAMAGE 3 EACH OccURRJIIVCH $ AGGREGATE $ STATUTORY LIMITS $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPI OYES $ A PROFESSIONAL LIABILITY ABE0232428 07)26/03 07/26/04 $1,000,000/ CLAIM SI,000,000 /AGGREGATE SIONATUrP AUTH s Revised 10/2002 PAGE 01 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof. the issuing company wit mail thirty (30) days written notice to the certificate holder natned below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Strxc Round Rock, Texan 70664 ENTATIVE puma ■ 114 np �111 1 11 11 �� • ��,�1 1 : gam 111 � 111111/1_ ,► I r�: r► 111 1111 r ` ,. 11�111r l 11141P-11011 11141P-11011 1111111111' �� r �r�.1 ,.-,a.�_l.., marµ 1111 X111111111111 � r ter. i -;:r:`l se 81111► W rr �,r. r � r i� �i' O g...-2,11 I i X 1111 1 �_ _� 1 ►1 /1 11►�� � �,i� %/111 ► 11 i ��'- 4 1 ►� sa a - iits ��11 y111■/`10011 as1f 0 ii������� �anum IIIii$ t i IIN i MO X OA NM . ow -- Iry Ia ■ , GATTI SCH ROUNOROO( TEAS Mayor Nyle Maxwell ROUND ROCK, PURPOSE. PASSION. PROSPERITY. August 25, 2003 Mayor Pro -tem Tom Nielson Enclosure Council Members Alan McGraw Carrie Pitt Scot Knight Scott Rhode Gary Coe City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets Mr. Stephen Collins, P.E. Gray - Jansing & Associates, Inc. 8271 Shoal Creek Blvd., Suite 200 Austin, TX 78757 Dear Mr. Collins: The Round Rock City Council approved Resolution No. R- 03- 08 -14- 14F3 at their regularly scheduled meeting on August 14, 2003. This resolution approves the agreement for Engineering Services for design work on the Double Creek Drive and Forest Creek Drive Project. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Bill Stablein at 218 -5555. Sherri Monroe Assistant City Secretary CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax: 512.218 -7097 • www.ci.round- rock.tx.us