R-84-606 - 5/10/1984RESOLUTION NO. 1pD ( R.
WHEREAS, the City wishes to begin to implement the "Downtown
Plan," and
WHEREAS, the services of a professional surveyor are
required, and
WHEREAS, Lockwood, Andrews & Newman, Inc. has submitted a
proposal to provide the needed surveying services, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the Mayor of the City of Round Rock, Texas, is hereby
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authorized and directed to execute on behalf of the City, a
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proposal for Lockwood, Andrews & Newman, Inc. to provide the
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surveying services to implement the "Downtown Plan ", a copy of
such proposal being attached hereto and incorporated herein for
all purposes.
RESOLVED this 10th day of May, 1984.
ATTEST:
J NNE LAND, City Secretary
RAZ 1/1400.,
MIKE ROBINSON, Mayor
City of Round Rock, Texas
1
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7
Professional Services Agreement
The City of Round Rock, Texas
as Client
engages Lockwood, Andrews & Newnam, Inc. as Engineer to perform professional services for the assignment
described as follows
FORM LS 61 (NancOnslructian)
Main Street Improvements
1 Services: Engineer agrees to perform Basic Services and Additional Services in conformance with the following
descriptions, definitions, terms and conditions
A. Basic Services: See attached letter proposal dated March 7, 1984.
B Additional Services: All work performed by Engineer, which is either described in this paragraph or not
included in the Basic Services defined above, shall constitute Additional Services These shall include
1 Travel and subsistence to points other than Engineer's or Client's offices and project site
2. Copies of final reports, studies, drawings and other data in excess of 10 sets
3 Revisions to approved reports, studies, drawings and other data.
4 Other services not otherwise Included in this Agreement or not customarily furnished in accordance with
generally accepted engineering practice
Compensation: Client agrees to pay Engineer for above described services in accordance with the following
descriptions, definitions, terms and conditions
A Basic Services: Compensation will be a lump sum amount of $ 17,-000. 45, 00°. 00
B. Additional Services Compensation will be an amount equal to 2 times Salary Cost plus Reim.
bursable expenses both defined as follows
1 Salary Cost' Salary Cost is defined as the cost of salaries paid to Engineer's personnel plus payroll
burden (Social Security contributions, Federal and State unemployment taxes, Workers' Compensation,
health and retirement benefits, Incentive pay, sick leave, vacation and holiday pay applicable thereto), for
the number of hours devoted to the work covered by this Agreement.
2. Reimbursable Expenses Expenses in connection with Additional Services shall include transportation and
subsistence, cost of Engineer's field office, reproduction, subcontracts and similar items Such expenses
shall be reimbursed at the following rates
a Transportation by Engineer's vehicles at Engineer's standard rates
b Reproduction performed in Engineer's office. at prevailing commercial rates.
c Computer services. at Engineer's standard rates
d. All others actual cost to Engineer plus a 10 percent service charge
Payments: Engineer will invoice Client monthly in amounts based on Engineer's estimate of the portion of the
Basic Services completed, plus charges for Additional Services performed Client agrees to promptly pay
Engineer at his office in Travis County, Texas , the full amount of each such invoice upon receipt
Client agrees to pay a charge of 1.5 percent per month on all invoiced amounts not paid within 30 days of the
date of the invoice, calculated from the date of the invoice.
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IV Insurance. Engineer agrees to maintain Workers' Compensation insurance to cover all of its own personnel
engaged in performing services for Client under This Agreement Engineer also agrees to maintain public liability
insurance covering claims against Engineer for damages resulting from bodily injury, death or property damage
from accidents arising in the course of services performed under this agreement
V Reuse of Documents: All documents, including Drawings and Speciticalions prepared by Engineer pursuant to
this Agreement, are instruments of service in respect of the Protect They are not intended or represented to be
suitable for reuse by Owner or others on extensions of the Protect or on any other protect Any reuse wnhout
written verification or adaptation by Engineer for the specific purpose Intended will be at Owner's sole risk and
without liability or legal exposure to Engineer, and Owner shall indemnify and hold harmless Engineer from all
claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom Any such
verification or adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and
Engineer
VI Termination:
A Conditions of Termination: This Agreement may be terminated without cause at any lime prior to comple-
tion of Engineer's services either by Client or by Engineer upon seven days' written notice to the other at
the address of record Termination shall release each party from all obligations of this Agreement, except as
specified in paragraph VI B below
B Compensation Payable on Termination: On Termination, by either Client or Engineer, Client shall pay
Engineer, with respect to Basic Engineering Services which have been completed, an amount fixed by apply-
ing the rate specified for Additional Services in paragraph II B to all Basic Services performed to the date of
termination, plus an amount fixed by applying the rate specified in paragraph II B to all Additional Services
performed to date of termination (including all Reimbursable Expenses incurred(
VII Successors and Assigns: Client and Engineer each binds himself, and his partners, successors, executors,
administrators and assigns to the other party of this Agreement and to partners, successors, executors,
administrators and assigns of such other party in respect to all covenants of this Agreement Neither Client nor
Engineer shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other.
Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Client and
Engineer
VIII Special Provision: This instrument contains the entire Agreement between Client and Engineer, except as addi-
tionally stated below
Attached letter proposal dated March 7, 1984 forms a part of
this Agreement.
IX Invalidation: If this Agreement Is not executed by Client within 30 days of the date tendered,
It shall become invalid unless Engineer extends the time in writing
Modifications: No one has authority to make variations in, or additions to, the terms of this Agreement on behalf
of Engineer other than one of its Officers, and then only in writing si.ned by him
Date 5 —/ fT
LS ill INOncons „uci3O i
s & Newnam, Inc.
r oZ
By
— Joe n ows 1, . .
Manager, Austin Operations
Date 3/7/84
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