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R-99-03-25-10D1 - 3/25/1999RESOLUTION NO. R- 99- 03- 25 -10D1 WHEREAS, the City of Round Rock desires to retain engineering services to take the Lance Haven lift station off -line and tie into the Brushy Creek interceptor, and WHEREAS, PBS &J has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with PBS &J, 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 a contract with PBS &J, to take the Lance Haven lift station off -line and tie into the Brushy Creek interceptor, a copy of said contract being attached hereto 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, and the Act. RESOLVED this 25th day of Marc 99 A ya l EST: L itt AL ALL 1' LAND, City Secretary K: \WPOOCS \R85OLUTI \119O325U1.UPO /. g a ( f . CHARLES CULPEPP'E!, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON follows: s: \WPDOCS \ACITY \Pa56J.WPP /scg § WITNESSETH Page 1 of 13 Contract No. THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St, Round Rock, Texas 78664, hereinafter called "City" and PBS &J, having its principal business address at 206 Wild Basin Road, Austin, Texas 78746, hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as The removal of the Lance Haven wastewater lift station and the subsequent connection to the regional wastewater gravity main in Brushy Creek. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfilment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on September 30, 1999 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $ 22,674.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. engcontrc, wpd /spectw ARTICLE 4 COMPENSATION Page 2 of 13 The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Page 3 of 13 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will 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; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation within 10 days of the verbal notification from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. Page 4 of 13 ARTICLE 10 CHANGES IN WORK If the City finds 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 the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the 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. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. Page 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at 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 the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. Page 6 of 13 ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the 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 the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the 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 the City, the cost to the 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 the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Page 7 of 13 Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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 Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the 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. Page 8 of 13 ARTICLE 22 ENGINEER'S SEAL ARTICLE 23 NONCOLLUSION ARTICLE 24 INSURANCE ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS Page 9 of 13 The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. The Engineer represents that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this representation, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION ARTICLE 27 COPYRIGHTS ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer represents that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. The 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 the Engineer for governmental purposes. The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Page 10 of 13 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. Page 11 of 13 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Steve Miller City of Round Rock 2008 Enterprise Round Rock, Texas 78664 ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Engineer Attn.: City Manager Attn.: 221 E. Main St. Round Rock, Texas 78664 Page 12 of 13 The undersigned signatory or signatories for the Engineer hereby represent and certify that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. THE ENGINEER By • Signature Printed Name Title Date City of Round Rock By: Charles Culpepper, Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY CERTIFICATION Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 13 of 13 DATE: March 19, 1999 SUBJECT: City Council Meeting — March 25, 1999 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute an agreement with PBS &J for engineering services to take the Lance Haven lift station off -line and tie into the Brushy Creek Interceptor. This project is part of an effort to remove wastewater lift stations from the collection system whenever a gravity sewer line is available. Staff recommends award of this contract to PBS &J. The contract value is $20,154.00. Staff Resource Person: Jim Nuse, Public Works Director. STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and PBS&J, having its principal business address at 206 Wild Basin Road, Austin, Texas 78746, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH Contract No. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and C: \'TEMP \PBSJ. WPD /scg WHEREAS, the City desires to contract for engineering services described as follows: The removal of the Lance Haven wastewater lift station and the subsequent connection to the regional wastewater gravity main in Brushy Creek. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. Page 1 of 13 The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on September 30, 1999 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. 1 The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $ 22,674.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. engcontrc. wpd /epectw Page 2 of 13 The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and /or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Page 3 of 13 Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will 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; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation within 10 days of the verbal notification from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City m writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. Page 4 of 13 ARTICLE 10 CHANGES IN WORK If the City finds 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 the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the 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. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. Page 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at 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 the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. Page 6 of 13 ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the 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 the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the 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 the City, the cost to the 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 the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Page 7 of 13 Contract, except the obligations set forth m Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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 Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the 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. Page 8 of 13 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer represents that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this representation, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. Page 9 of 13 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer represents that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Page 10 of 13 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. Page 11 of 13 with copy to: All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Engineer Attn.: City Manager Attn.: 221 E. Main St. Round Rock, Texas 78664 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Steve Miller City of Round Rock 2008 Enterprise Round Rock, Texas 78664 ARTICLE 32 NOTICES Page 12 of 13 The undersigned signatory or signatories for the Engineer hereby represent and certify that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. THE ENGINEER Signature //nn £ L E Oco iw Printed Name X@ca710E V tC A1ES10ETr Tit 3/23/9?' Date City of By: Charles Culpepper, ayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY CERTIFICATION Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 13 of 13 ATTACHMENT B An employee -owned company March 24, 1999 Mr. Steve Miller, P.E. Public Works Department City of Round Rock P. O. Box 2008 Round Rock, Texas 78664 Re: City of Round Rock Proposal for Abandoning Existing Lift Station at Lance Lane PBS &J Proposal No. 99 -0081 Via: Fax (218 -5563) and U.S. Mail Dear Steve, PBS &J is pleased to submit to the City of Round Rock this proposal for providing professional engineering services for the above - referenced project. In general, the project scope consists of abandoning the existing lift station at the end of Lance Lane in Round Rock, and designing a gravity line from this location to the Brushy Creek Regional Wastewater Interceptor (BCRWWS), approximately 600 feet to the north. The PBS&J project team is prepared to provide our professional services immediately upon your written authorization to proceed. PBS &J is able to provide a complete project team, including engineering services, surveying, and environmental support. SCOPE OF SERVICES DESIGN PHASE SERVICES 1. Data Collection PBS &J engineering staff will review all available information as provided by the City regarding the lift station and the project area, including plans, specifications, reports, surveys, any lift station flow data, and existing maps showing utilities in the area. PBS &J will also inspect the existing lift station to be abandoned to evaluate the general condition of the facility. 2. Environmental PBS &J environmental support staff will provide a tree survey and will evaluate the project Formerly Espey, Huston & Associates, Inc. 206 Wild Basin Road, Suite 300 • Austin, Texas 78746 -3343 • Telephone: 512.327.6840 • www.pbsj.com Mr. Steve Miller, P.E. March 24, 1999 Page 2 site for endangered species and significant environmental features, in accordance with federal regulations. In accordance with the Antiquities Code of Texas, Title 9, Chapter 191, a brief cultural resources review will be performed by PBS &J archeologists. This regulation directs state agencies and political subdivisions of the State of Texas to provide for the location, discovery, study and protection of cultural resources. A PBS &J staff archeologist will conduct a records and literature review to identify known archeological sites and potential national register properties or State archeological landmarks. Any found sites will be plotted on a map and a memorandum summarizing the condition of site will be prepared. PBS &J will also contact the Texas Historical Commission (THC) for concurrence. The environmental work performed will be documented as an attachment in a brief Engineering Design memorandum, which will be issued to the City to document the design process. 3. Design Encineerinu/Surveving PBS &J will identify the service area for the proposed wastewater main and estimate (1) potential ultimate peak flows for the purpose of pipe sizing and (2) initial low flows for metering design purposes. We will utilize any flow data available from Round Rock for the two existing lift stations and otherwise base design flows on land use and unit flow criteria which we will review with the City. A section of main and manhole for the purpose of flow metering by LCRA will be needed at the tie -in manhole on the interceptor and will be designed accordingly for initial low flows. Based on lift station inspection and operational considerations discussed with the City, we will evaluate the best way to receive existing flows now going to the lift station, e.g., tapping a line into and modifying the wet well, or intercepting the influent mains. Our specifications will address the Contractor's responsibility in proper abandonment of the lift station, the scope of which PBS &J staff will work with City staff to help determine. The design survey will consist of identifying existing easements, providing ground elevations, locating planimetric features necessary to guide us in choosing an appropriate route, tying in existing trees to be protected, and preparing the base for the plan view. PBS&J will provide easement acquisition surveying, which includes fieldwork, sketches, and instruments for all permanent utility easements and temporary construction easements necessary to complete the construction. The City will be responsible for acquiring these easements. The Surveying Scope is detailed in Attachment A for your review. Based on the existence of geotechnical information already available in the area, we are not, at this time, proposing that any additional geotechnical investigations be perfonned. PBS&J will prepare plans (estimated 3 sheets) and specifications for the gravity line Mr. Steve Miller, P.E. March 24, 1999 Page 3 required to relieve the lift station and convey its wastewater flow to Contract No. 6 of the BCRWWS. PBS &J proposes to coordinate these design efforts with the LCRA and, to the extent feasible, with the Creek Apartments. We will provide a stub at the last collection system manhole for connection of the gravity main planned to relieve the lift station for the Creeks Apartments. A section of main at the tie -in to the Brushy Creek interceptor will be designed for flow metering according to LCRA guidelines for velocity and depth at low flows. PBS &J will also prepare the 8 ?xl1 plan and profile sheet requested by LCRA with details of the metering main between the last collection system manhole and the interceptor tie -in manhole. Our scope does not include design of the metering equipment and instrumentation. Finally, we will prepare an engineer's estimate of the cost of construction. PERMITTING PBS&J will provide necessary information and plan revisions to assist the City in obtaining regulatory permits necessary to construct this project. Approvals anticipated include the City of Round Rock, and the Texas Natural Resource Conservation Commission (TNRCC). CONSTRUCTION PHASE SERVICES Construction phase services shall first consist of our assistance during the bid phase (it is assumed the City will advertise the project.) We will distribute plans and specifications; attend the pre -bid meeting; if necessary, prepare one addendum; and provide a recommendation of contract award. This phase also includes our attendance at the pre - construction meeting, preparation and approval of any change orders, review and approval of shop drawings, review and approval of monthly and final pay estimates, and final inspection. We will also prepare and furnish the City with "as- built" drawings in CAD format. This task does not include construction surveying or construction inspection services. MEETINGS PBS &J anticipates meetings with the Client during design phase and with the Contractor during Construction Phase services. An allowance of seven meetings is anticipated to take three (3) hours including travel time. The meetings projected are as follows: Design Kick -off meeting /data acquisition/site visit One meeting during design regarding Circle Drive wastewater line improvements Interim review meeting with City staff Submittal of final plans Mr. Steve Miller, P.E. March 24, 1999 Page 4 Construction Pre -bid meeting with bidders Pre- construction meeting Final inspection SCHEDULE PBS &J is prepared to begin the Design Engineering Phase within one week of our receiving your written authorization to proceed. Assuming data from the City is received in a timely manner, we propose to have plans and specifications available for review by City staff within 6 weeks. Our proposed cost to perform these services is $22,674. A detailed cost breakdown has been prepared and is attached for your review. AUTHORIZATION If this proposal meets with your approval, please sign the authorization below and return one executed copy to PBS &J. Should you have any questions or desire additional information, please do not hesitate to contact me. We sincerely thank you for your consideration of this proposal. Sincerely, Kare A. Friese, P.E. Senior Project Manager KAF/lah Attachments W:Ih4323 \proposal\P990081 -Round Rck Lift Station,Proposel Revisions- Friese -031199.doc Task Description Engineering Design Plans and Specifications 1 12 54 Environmental Permitting Construction Services Meeting Design (4) Bidding (1) Construction (2) Totals City of Round Rock Proposal for Abandoning Existing Lift Station at Brenda Lane Program Sr. Project Design Environmental Technician Clerical Total Manager Manager Engineer Staff Labor Hours Hours Hours Hours Hours Hours Hours 4 12 8 24 1 3 12 3 3 3 3 2 33 108 30 4 101 $7,892 $3,350 40 6 46 $2,900 2 2 20 $1,710 10 4 46 $3,660 42 46 1 17 $1,562 1 7 $620 1 7 5620 13 244 Total Labor Surveying Nonlabor Total Cost Costs Costs $ $ $ $ $18,964 $3,350 $50 $11.292 $2,900 $50 $1,760 $30 $3,690 $50 $1,612 $90 $710 $90 $710 $360 $22,674 An employee -owned company March 24, 1999 MEMORANDUM TO: FROM: RE: Paco Guerrero, P.E. David Strutton, R.P.L.S. Gravity Wastewater Line at The Creek Apartments The Austin Survey Program is pleased to provide you with the following Scope of Services and Fee Schedule for the above- referenced project: A design survey of a 40 -foot wide corridor will be prepared. The survey will extend from the lift station in the subsidized housing addition to the Brushy Creek Interceptor, as shown on the attached sketch. All visible improvements, structures and planimetric features and significant trees within this corridor will be located. The project will be vertically referenced to a City of Round Rock benchmark and the flowline of the above - referenced lift station will be determined. Up to two easements and a stationed centerline profile will be prepared for the project. Our fee for this service will be $3,350.00. Additional surveying will be provided on an actual time and materials expended basis in accordance with the attached Standard Rate Schedule. Please contact me if you have questions. R DS:cd: Dx5TRUTTONkreekapt.mme Formerly Survey Resources, Inc. 206 Wild Basin Road, Suite 300 • Austin, Texas 78746 -3343 • Telephone: 512.327.6840 • Fax: 512.327.2453 • www.pbsj.com PERSONNEL: Personnel cost is reimbursed based on a multiplier of 2.5 applied to salary cost. Salary cost for each employee is based on the employee's actual hourly wage plus benefits. Ranges of hourly salary cost by personnel classification are as follows: Principal / Executive $ 50.00 to $ 90.00 Senior Engineering Staff $ 29.00 to $ 68.00 Engineering Staff $ 19.00 to $ 35.00 Senior Scientist $ 23.00 to $ 55.00 Scientist $ 13.00 to $ 35.00 Senior Survey Staff $ 28.00 to $ 50.00 Survey Staff $ 15.00 to $ 26.00 Senior Technical Support $ 20.00 to $ 44.00 Technical Support $ 11.00 to $ 25.00 Lab Technicians $ 8.00 to $ 24.00 Senior Clerical / Administration $ 24.00 to $ 45.00 Clerical / Administration $ 9.00 to $ 30.00 SURVEY FIELD CREWS: TERMS: STANDARD RATE SCHEDULE Survey field crews and equipment will be provided at the following fixed hourly rates: Two -man Field Crew Three -man Field Crew Additional Rodman, Chainman, or Flagman G.P.S. Static Receivers G.P.S. RTK System $ 90.00 per hour $105.00 per hour $ 20.00 per hour $170.00 per day per receiver $600.00 per day There is no mileage charge when the job site is within 50 miles of the office from which the survey crew originates. OSHA 29 CFR 1910.120 certified field and office personnel are available upon request at an additional cost. TRAVEL AND SUBSISTENCE: All travel and subsistence expenses will be invoiced at actual cost plus 10% handling. Cost of mileage for private and company owned vehicles is computed at the prevailing rate designated by the U.S. Internal Revenue Service. All mileage will be based on portal -to- portal. PURCHASED SERVICES: All purchased services are invoiced at actual cost plus 10% handling. These include but are not limited to reproduction, long distance and cellular telephone, computer time, consultants, subcontract services, rented or leased equipment, and expendable supplies. Invoices are submitted monthly for all services rendered and are payable "Net 30 days." Late payments will incur a late charge of 1% percent per month from the original date of invoice. PBS &J reserves the right to stop work should invoices not be paid within 30 days. 103098/SRS -1 (Corporate) Formerly Espey, Huston & Associates, . 9,p s • • \� • r s, Mayor Charles Culpepper Mayor Pro-tem Robert St!aka Comm Membeaa Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph Clly Manager Robert L. Bennett, Jr. City Attorney Stephan 1- Sheets CITY OF ROUND ROCK April 15, 1999 Mr. Everett Owen PBS&J 206 Wild Basin Road Austin, Texas 78746 Dear Mr. Owen: 221 Fast Main Street Round Rock. Texas 78664 512 - 218-5400 The Round Rock City Council approved Resolution No. R- 99- 03- 25 -10D1 at their regularly scheduled meeting on March 25, 1999. This resolution approves the contract with PBS &J to take the Lance Haven lift station off -line and tie into the Brushy Creek interceptor. Enclosed is a copy of the resolution and original contract for your file. If you have any questions, please do not hesitate to contact me. Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 2187097 1. 800 - 735- 2989TDD 1.800- 735 -2988 Voice www.ci.round- rocktx.us