CM-05-09-162Request for City Council/City Manager Action
City Council
Ej City Manager
Submit completed form for ALL City Manager and City Council approvals.
Department Name:
Contact Person:
Engineering and Developmental Services
Latha Kumar/Laura Flores
Project Manager/Resource: William J. Dobrowolski III, PE
Project Coordinator: Michael Thane
Assigned Attorney: Steve Sheets
teill September 2, 2005
Blue Sheet Wording
2005
For Administration Use ONLY
Tag #:
Documents:
Scan Date:
Return to:
cry -n.5 n9-16,1
Lynn Olsen
Project Name: Forest Creek Safety Improvements Phase 11
ContractorNendor: Fisher Hagood, Inc.
Funding Source: 2001 GO Bond (First Issuance)
Amount: $21,201.21
Action authorizing the City Manager to execute a contract with Fisher Hagood, Inc., for Professional Services on the Forest Creek Safety Improvements
Phase II.
Finance Information
Is Funding Required?
x
Finance Approval
x❑Finance
EDFinance
LJPurchasing
Budget
Yes
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
$21,201.21
Other (Please clearly identify action on lines below)
L. Olsen
N/A E. Wilson
N/A CYD
Date
Date
Date
Date
8/31/2005
8/31/2005
8/30/2005
ons
Project Mgr. Signature:
City Manager Signature:
Date:
Date:
Date:
Date:
Updated 6-9-05
Request for City Council/City Manager Action
EJ City Council ci City Manager
Submit completed form for ALL CI
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a pro
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Department Name:
Contact Person:
Engineering and Developmental Services
Latha Kumar/Laura Flores
Project Manager/Resource: William J. Dobrowotski 111, PE
Project Coordinator:
Assigned Attorney:
Steve Sheets
Council or City Manager
ApprovaUAgenda Date: September 2, 2005
Slue Sheet Wording
For Administration Use ONLY
Tag #:
ocuments:
n Date:
Return to:
Lynn Olsen
Project Name: Forest Creek Safety improvements Phase II
Contractor/Vendor: Fisher Hagood, Inc.
Funding Source: 2001 GO Bond (First Issuance)
Amount: $21,201.21
Consider execution of a contract with Fisher Hagood, Inc. for Professional Services on the Forest Creek Safety Improvements Phase II.
Finance Information
is Funding Required? Yes El No
x
1.
Finance Approval
EJ Finance
Finance
EjPurchasing
Budget
Initial Construction Contract
Construction Contract Amendment
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr.
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
$21,201.21
Other (Please clearly identify ldentify action on lines below)
For Submission to ALL Ci
Project Mgr. Signature:
Dept. Director Signature*:
City Attorney Signature*:
City Manager Signature:
ouncil
n
Cit
an
Date
Date
Date
Date
cti e
al Date:
444,74 ji) eco
Date:
Date: Date:
Dateq- 2- 05
* Dept. Director and k a!Approval and is required for ALL items requesting City Manager/City Council approval.
Updated 6-9-05
DATE: August 23, 2005
SUBJECT: City Manager Approval - September 2, 2005
ITEM: Action authorizing the City Manager to execute a contract with
Fisher Hagood, Inc., for Professional Services on the Forest Creek
Safety Improvements Phase II.
Department: Engineering and Developmental Services
Staff Person: Daniel L. Ha!den, P.E., City Engineer
William Dobrowolski, P.E.
Justification:
This is the final phase of the Forest Creek Safety and Sidewalks Improvements
project and is being funded by the remaining amount in the allocation for this project
under the first issuance 2001 GO Bond Program. This project was divided into two
phases with the sidewalks being contracted with other bond fund sidewalk projects.
The second phase was held to allow all of the sidewalks to be bid early in the
program per the request of the City Council. This avoided restricting the number of
sidewalk bidders, because many of the work tasks for the second phase require
different types of construction skills and equipment.
Funding:
Cost: $21,201.21
Source of funds: 2001 GO Bonds (1St Issuance)
Outside Resources: Fisher Hagood, Inc.
Background Information: This project addresses safety issues for the traveling
public and the city work force that perform maintenance task in and around the pond.
A long queue builds and impedes the west -bound traffic of Forest Creek Boulevard
where a large number of vehicles are stopping before making a left turn towards the
school. Part of the objective in this phase is to reduce the time that this queue
disrupts the west -bound traffic flow by increasing the left turn bay storage. This
phase will also improve the pavement width where vehicles have been driving off of
the pavement to circumvent the queue, and install new pavement markings to
improve alignment across the intersection. These improvements should help reduce
accidents and improve the safety environment for the school area.
Access will be improved into the pond, south of Forest Creek Boulevard, to both
enhance the safety of the slope for the maintenance equipment accessing the pond
and change the location of the egress and ingress at Forest Creek Boulevard.
Relocation of the street access point into the pond will improve the line of sight
distance. Drainage in the pond will also be improved to enhance the ease of
maintenance.
Public Comment: N/A
ROUND ROCK, L\ S
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: FISHER HAGOOD, INC.
ADDRESS: One Chisholm Trail, Suite 5200, Round Rock, TX 78681
("Engineer")
PROJECT: FOREST CREEK SAFETY IMPROVEMENTS, PHASE II
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this thea day of leplarrldiatu, 2005 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 Engineer, and such Contract 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:
Engineering Services Contract
File Name: fisherhagood-forestcrksafetyII; SD71FCRK; 90047
1
(Y1- oOciI(T_
Rev. 04/06/05
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract 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 Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
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 Engineering Services will not be completed in accordance with the Work Schedule.
(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 Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Twenty One Thousand Two Hundred One and 21/100 Dollars ($ $21,201.21 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are 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 Engineering Services
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 Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
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.
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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 the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for 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 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 Engineering 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 Contract 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
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
William J. Dobrowolski, III, P.E.
Senior Engineer
2008 Enterprise
Round Rock, Texas 78664
Telephone Number (512) 218-6601
Fax Number (512) 218-5563
Email Address wdobrowolski(a,round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. 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 Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Terry R. Hagood, P.E.
Project Manager
One Chisholm Trail, Suite 5200
Round Kock, '1'X 78681
Telephone Number (512) 244-1546 ext. 12
Fax Number (512) 388-3698
Email Address thagood(a fisherhagood.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, 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 Engineering
Services. 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 the Engineering Services.
Should City determine that the progress in Engineering Services 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 Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
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.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, 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 Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract 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 Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. 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 Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services 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 Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services 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 Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents fumished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
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 Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, 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 Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services 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 Contract, 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 Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering 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 Engineering Services and obligations described herein.
Should 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 Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract 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 Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services 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 City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable 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 Engineering Services under this
Contract.
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 Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering 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
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable 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 negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product 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 in its work product,
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
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract 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 Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per occurrence from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, 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 Contract, 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:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement 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
(b) 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 E 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.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract 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 Contract, 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 Contract 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 Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract 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 Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
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 Contract.
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 addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Terry R. Hagood, P.E.
Project Manager
Fisher Hagood, Inc.
One Chisholm Trail, Suiute 5200
Round Rock, TX 78681
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 Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract 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 Contract 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 Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through 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.
CI OF ROUND ROCK, TEXAS
By:
es R. Nose, P. [.. City Manager
es R. Nuse, P.E., Manager
ATTE T:
By:
Christine Martinez, City Secretary
14
APP ' O ED AS TO F
RM:
4
41161•51..: 1
Steph. L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
The scope of services to be performed by the City is to administer this contract, review the work
performed by the Engineer, review and accept the Engineer's final design and inspecting the
construction of traffic lane and pond improvements generally.
Specifically:
1. Provide the specific scope of the project.
2. Provide standard letters, forms, and specifications as required.
3. Provide existing construction plans, GIS data, contact lists, ROW information as needed.
4. Attend status meetings during design phase.
5. Review plans.
6. Process check requests for permit applications (TDLR, etc.)
7. Advertise for bid.
8. Attend bid opening.
9. Provide project signs.
10. Assist in the coordination of City utility locates and relocations.
11. Attend project meetings during construction phase.
12. Final authorization and processing of pay estimates.
13. Submit agenda item for City Council.
14. Issue Certificate of Acceptance.
EXHIBIT B
Engineering Services
The scope of services to be performed by the Engineer is to facilitate the scope of services
shown in Exhibit A, by performing the preliminary engineering studies & calculation,
coordinating surveying, environmental studies & reports, coordinating platting procedure,
required to develop the Forest Creek Safety Phase II Improvements Project.
Specifically:
GENERAL
• The work effort and the management for the project included in this contract will be for the
most part conducted in Round Rock, 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.
• 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.
• The plan sheets will adhere in format and content to current City of Round Rock (CORR)
standards.
• The Engineer is fully responsible for any traffic control required from any data collection
activities.
1
EXHIBIT B
Engineering Services
The scope of this project is to design, bid and administer the construction of a traffic lane and
pond improvements.
Specifically:
1. ROUTE STUDY
a. Collection of available information
b. Walk thru of entire project
c. Identify Potential accessibility issues
d. Identify Drainage concerns
e. Identify Conflicts: utility, irrigation, trees, etc.
f. Develop Preliminary cost estimate
2. PRESENTATION OF PRELIMINARY RECOMMENDATIONS
a. Preparation of Schematic Plan
b. Status Meeting
3. APPROX. 75% DESIGN / STATUS MEETING
a. Develop design Plan Sheets for roadway alignment, drainage, and utilities
b. Compile Necessary Details & Notes
c. Compile Project Manual
d. Compile Unit Price List & Update Cost Estimate
e. Print Review Set of Documents
f. Status Meeting
4. FINAL (APPROX. 95%) DESIGN / STATUS MEETING
a. Incorporate Comments in Plans & Specifications
b. 95% Bid Documents
c. 95% Unit Prices & Update Cost Estimate
d. Print Review Set of 95% Bid Documents
e. Presentation — 95% Bid Documents & Estimate
5. CITY REVIEW
a. City's In House Review
b. Receive Red Line Drawings & Written Comments
c. Review Comments with City
6. FINALIZE CONSTRUCTION DOCUMENTS:
a. Address City's Comments
b. Incorporate Comments in Bid Documents
c. Finalize Bid Documents
d. Finalize Unit Prices & Update Cost Estimate
e. Print Sets of Bid Documents
2
EXHIBIT B
Engineering Services
7. BIDDING PROCESS:
a. Assist the Advertising for Bid
b. Facilitate the Bidding Process
* Answer Questions about Bid Documents & Process
* Attend the Pre-bid Conference
* Prepare & Distribute Addenda(s)
* Attend Bid Opening
c. Tabulate Bids
d. Review Submitted Bids
e. Make Written Recommendation to City
f. Assist in Preparation of Council Agenda Item
g. Make Presentation at Council Meeting
h. Prepare Notice of Award
8. CONSTRUCTION PHASE SERVICES:
a. Prepare Notice to Proceed
b. Prepare City's Notice of Construction (TPDES)
c. Prepare SW3P Documents for on Site Posting
d. Setting survey controls
e. Attend Pre -Construction Conference
f. Address Citizen Concerns
g. Address Design Questions
h. Review Submittals
i. Site Inspections
j. Review Partial Payment Applications
9. PROJECT CLOSE-OUT
a. Final Walk -Through
b. Prepare Punch List for the Contractor
c. Prepare Letter Request of Close -Out Documents
d. Review of Final Payment
e. Prepare Engineer's Letter of Completion
f. Prepare Plan of Record Documents
g. City plan of record review
3
EXHIBIT C
Work Schedule
a
Its Task Name.m...._.._.m....�.�.._�. Duration _ _��...�...:�.�.�..�..�.....�...�... _�_._� ,..��_._.�..
Ind 1 _�,2 M hd .. : �d .. M6 µ ` M7 M ..:...:_ M9. .
Forest ��r ed: Ite r Phase I I 1�1 days�
1 Notice to Proceed 1 day
3 route Studd 3 days
10 Preliminary Recommendations „1 day
.._,...........
13 75 %Design.Phase 17 days
,
20 95 %Design.Phase3 days
City's Formal Ruvie- 2 days
30 Fin hie BidDocuments d
36 Bidding Process
31 days
onstnwtion Phase Services 7: d�Ys
:
62 Project Close-Out 30 days
a
EXHIBIT D
Fee Schedule
TOTAL COMPENSATION FOR SERVICES: $21,201.21
PAYMENT SCHEDULE
TASK ITEMS
FEE REIMBURSABLE
TOTALS
Route Summary f
$ 1,041.67 € $ 55.00
$ 1,096.67
Presentation of Preliminary Rec.
$ 663.55 $ 55.00 t
$ 718.55
Approx. 75% Design E
$ 6,112.84 $ 110.00
$ 6,222.84
Final Design €
$ 1,697.81 $ 110.00 i
$ 1,807.81
City Review
$ 92.68 $ 110.00
$ 202.68
Finalize Construction
Documents 1
$ 1,160.29
$ 440.00
€
$ 1,600.29
Bidding Process
$ 1,827.55 $ 50.00 F
$ 1,877.55
Construction Phase Services
30% Construction Phase ;
20%Construction Phase
20% Construction Phase$
30% Construction Phase.....r
$ 1,824.96 € $ 15.00 ,
$ 1,216.64 $ 15.00
1,216.64 $ 15.00
'M$ { wm 1,824.96 $ 15.00......,.
$ 1,839.96
$ 1,231.64
$ 1,231.64
$ 1,839.96
Project Closeout
$ 1,421.63 £ $ 110.00
$ 1,531.63
Total Project Costs F
$ 20,101.21 1 $ 1,100.00
$ 21,201.21
EXPERT TESTIMONY, IF REQUIRED BY THE CITY
MINIMUM 4 HOURS PER DAY
CLASSIFICATION
TOTAL
STANDARD
RATE
TOTAL EXPERT
TESTIMONY
RATE*
Project Manager
$ 92.68
$ 115.85
Engineer
$ 140.87
$ 176.09
Technician
$ 59.32
$ 74.15
Field Representative
$ 94.54
$ 118.18
* Rates are based on "Total Standard Rate" with a 1.25 multiplier.
EXHIBIT E
Certificates of Insurance
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