CM-06-12-224SUPPLEMENTAL AGREEMENT NO. 1
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This document is entitled Supplemental Agreement No. 1, and it supplements "City of
Round Rock Agreement for Professional Planning and Design Services for Police Department
Self -Support Tower Project with C. Faulkner Engineering, L.P." for the following Project:
Professional planning and design services (including but not limited to
geotechnical investigation and report; soils resistivity study; NEPA Screen/106
Review; site walk and construction drawings, zoning drawings; and construction
administration including bid documents, pre -construction meeting, foundation
inspections, and final inspection; and related services) associated with the
construction of an 80' to 130' self-support tower to be located at the new City of
Round Rock Police Facility.
all as are more specifically identified and described in the accompanying "City of Round Rock
Agreement for Professional Planning and Design Services for Police Department Self -Support
Tower Project with C. Faulkner Engineering, L.P."
This Supplemental Agreement No. 1 is made and entered into as of the day of
, 2006, and is by and between the same parties, those being the CITY OF
ROUND ROCK, a home -rule municipal corporation of Williamson County, Texas (hereinafter
referred to as "City" and/or "Owner") and C. FAULKNER ENGINEERING, L.P. with offices
located at 907 West 5th Street, Suite 250, Austin, Texas 78703 (hereinafter referred to as
"Consultant").
WITNESSETH:
WHEREAS, City intends to design and construct the Project described in the
accompanying Agreement. Consultant's services are desired under this Supplemental Agreement
No. 1 for purposes as recited therein. Total compensation for Consultant's services under this
Supplemental Agreement No. 1 is as recited therein.
WHEREAS, City desires to contract with Consultant for provision of the therein -
described services in connection with the Project, all as previously and hereinafter stipulated and
within the limits the City has budgeted or will budget therefor; and
WHEREAS, Consultant has agreed to provide such professional services for the
compensation delineated therein;
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NOW, THEREFORE, City and Consultant, in consideration of the terms, covenants and
conditions contained in the accompanying Agreement that this document supplements, and the
terms, covenants, and conditions contained herein, do hereby contract as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Consultant, as an independent contractor and professional consultant in its
relationship with City, shall perform all professional services for the Project as set forth in the
referenced documents.
1.02 Compensation. City shall compensate Consultant for the delineated Scope of Work
services as set forth in the referenced documents.
City shall compensate Consultant for the recited Scope of Work services in accordance
with the fee schedule as set forth in the referenced documents.
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by appropriate action of the City Manager or City Council, Consultant's total
compensation for services hereunder shall not exceed $14,800.00, plus Reimbursable Expenses
up to a limit of $500.00. These amounts represent the absolute limit of City's liability to
Consultant unless changed by additional Supplemental Agreement hereto.
ARTICLE II
CONSULTANT'S SERVICES
2.01 Consultant's services consist generally of the services described in the referenced
documents, and include all services as may be necessary to assist City in the design of the
Project, within the limits City has budgeted or will budget therefor, and in compliance with the
Project Facility Program, which is hereby made a part of this Agreement for all purposes.
Consultant agrees that, upon execution of this Agreement, it will submit to City within ten (10)
days a list of all additional subconsultants it intends to utilize, not previously identified,
delineating their respective tasks. All of Consultant's subconsultants shall be subject to the
approval of City, and City reserves the right to reject any consultant. Consultant shall perform all
work hereunder in a manner satisfactory and acceptable to City. A Performance Schedule shall
be agreed to by Consultant and City, and Consultant agrees to use best professional efforts to
complete all services hereunder in accordance with such Performance Schedule.
2.02 Required Phases. Consultant shall provide the following phase services:
(A) Geotechnical Investigation and Report
(B) Soils Resistivity Study
(C) NEPA Screen/106 Review
(D) Site Walk and Construction Drawings
(E) Zoning Drawings
(F) Contract Administration
(G) Other Related Services (as a part of Basic Services)
2.03 Additional Services. Consultant shall perform Additional Services, only as requested by
City, after a not -to -exceed amount has been mutually agreed upon in writing by the Director and
Consultant. Where City Council authorization is required, Consultant shall not proceed until the
appropriate document for such Additional Services has been adopted. The following services are
not covered under Article II, which defines and outlines Consultant's Services and Required
Phases. If any of these Additional Services are authorized in writing by City in advance of their
performance, they shall be paid for in the manner agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved plans
when the changes in approved Plans and Specifications are required by City, unforeseen
circumstances due to hidden or unknown conditions, or codes/ordinances or other legal
requirements which may come into effect during the course of the Project. If changes
are required to be made because of error, oversight, clarification, discrepancy, or budget
overruns in the work of Consultant, City shall not be liable to compensate Consultant for
Additional Services or expenses in such connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire or
other cause during construction, and furnishing professional services as required in
connection with the replacement of such work, unless damage was the result of
Consultant's error.
(3) Providing other extraordinary professional services over and above the Contract
requirements, where required and requested by City, including extraordinary professional
services which might result if the City decides to "fast-track" the Project.
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information. City shall provide full information regarding requirements for the
Project.
3.02 Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
3.03 Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
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3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and
other trade permits will be the responsibility of the construction contractor. Any charges which
may be assessed for tap fees will be paid by City and are not to be included by Consultant in the
specifications for the Project.
3.05 Miscellaneous items. City will also provide Consultant with such items as the Project
Facility Program; two (2) copies of the City of Round Rock General and Supplementary General
Conditions for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates,
Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as
may be necessary and practicable for the orderly and expeditious process of the work and the
awarding of the Construction Contract. To the extent practicable, these documents shall be
utilized in the preparation of the Construction Documents.
ARTICLE IV
PAYMENTS TO CONSULTANT
4.01 Scope of Services. Payments hereunder shall not exceed the following:
Scope of Work $ 14,800.00
Reimbursables (not to exceed) $ 500.00
Total $ 15,300.00
4.02 Deductions. No deductions shall be made from Consultant's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors.
4.03 Additions. No additions shall be made to Consultant's compensation based upon Project
construction claims, whether paid by City or denied.
4.04 Abandonment. If any work designed or specified by Consultant during any phase or
subphase is abandoned or suspended, in whole or in part, Consultant is to be paid for services
performed prior to receipt of written notice from City of such abandonment or suspension.
4.05 Invoices. Consultant's invoices to City shall provide complete information and
documentation to substantiate Consultant's charges, and shall be in a form to be specified by
City. All payments to Consultant shall be made on the basis of the invoices submitted by
Consultant and approved by City. Such invoices shall conform to the schedule of services and
costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should
additional backup material be requested by City, Consultant shall comply promptly with such
request. In this regard, should City determine it necessary, Consultant shall make all records and
books relating to this Agreement available to City for inspection and auditing purposes.
4.06 Payment of Invoices. City reserves the right to correct any error that may be discovered in
any invoice that may have been paid to Consultant and to adjust the same to meet the
requirements of the Agreement. Following approval of invoices, City will endeavor to pay
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Consultant promptly, but not later than the time period required under the Texas Prompt
Payment Act; however, under no circumstances shall Consultant be entitled to receive interest on
payments which are late because of a good faith dispute between Consultant and City or because
of amounts which City has a right to withhold under this Agreement or state law.
4.07 Offsets. City may, at its option, offset any amounts due and payable under this Agreement
against any debt (including taxes) lawfully due to City from Consultant, regardless of whether
the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of
whether or not the debt due to City has been reduced to judgment by a court.
4.08 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic
and Additional Services and include actual expenditures made by Consultant, its employees, or
its subconsultants in the interest of the Project for the incidental expenses set forth below. Such
expenses must be authorized by City in advance. An allowance for Reimbursable Expenses not
to exceed $500.00 is established as a condition of this contract. When authorized in advance by
City, the following shall be reimbursable: reasonable transportation and expenses of principals
and employees when traveling in connection with the Project outside of Williamson County,
Texas, essential long distance calls, fees paid for the securing of approval of authorities having
jurisdiction over the Project, postage, and reproduction of Drawings and Specifications,
excluding copies for Consultant's office use and the required number of sets at each phase of the
work for City's review.
ARTICLE V
CONSULTANT'S ACCOUNTING RECORDS
5.01 Accounting Records. Records of Consultant's expenses pertaining to the Project, and
records of accounts between City and Consultant, shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually
convenient times.
ARTICLE VI
TERMINATION AND DEFAULT
6.01 Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits.
6.02 Default. Nothing contained in Section 6.01 above shall require City to pay for any work
which is unsatisfactory as determined by City or which is not submitted in compliance with the
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terms of this Agreement. City shall not be required to make any payments to Consultant when
Consultant is in default under this Agreement, nor shall this Article constitute a waiver of any
right, at law and at equity, which City may have if Consultant is in default, including the right to
bring legal action for damages or to force specific performance of this Agreement.
ARTICLE VII
GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS;
CONTRACT ADMINISTRATION
7.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary
General Conditions to AIA Document A201, "General Conditions of the Contract for
Construction," are to be used by Consultant without modification; however, City may, upon prior
consultation, approve of any changes that may be necessary for specific cases or instances. Any
special conditions pertaining to the Project that are approved by City will be included under the
Special Conditions portion of the Construction Documents.
7.02 Contract Administration. This Agreement shall be administered on behalf of City by its
Designated Representatives, and Consultant shall fully comply with any and all instructions from
City. Any dispute arising hereunder shall be submitted to City, whose decision in the matter shall
be final and binding.
ARTICLE VIII
RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE
8.01 Consultant's Responsibility for Work. Approval by City shall not constitute nor be
deemed a release of the responsibility and liability of Consultant, its employees, subcontractors,
agents and consultants for the accuracy and competency of Designs, Working Drawings,
Specifications or other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by City for any defect, error or omission in the Designs,
Working Drawings, and Specifications or other documents prepared by Consultant, its
employees, subcontractors, agents and consultants.
8.02 Indemnification (Damage Claims). Consultant agrees, to the fullest extent permitted by
law, to indemnify and hold City, its officers, agents and employees, harmless from any damage,
liability or cost (including reasonable attorneys' fees) to the extent caused by Consultant's
negligent acts, errors or omissions in the performance of professional services under this
Agreement and those of its subconsultants or anyone for whom Consultant is legally liable.
Owner agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its
officers, agents and employees, harmless from any damage, liability or cost (including
reasonable attorneys' fees) to the extent caused by Owner's negligent acts, errors or omissions in
the performance of professional services under this Agreement and those of its contractors,
subcontractors or consultants or anyone for whom Owner is legally liable, and arising from the
Project the subject of this Agreement.
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8.03 Indemnification (Patent and Copyright Claims). Consultant agrees to completely defend
and indemnify City, its officers, agents and employees, against a claim that any of the Designs,
Plans or Specifications prepared by Consultant, its employees, associates or subconsultants
pursuant to this Agreement infringe a U.S. patent or copyright directly, indirectly or
contributorily. Consultant shall pay any and all resulting costs, damages and attorney's fees
finally awarded, provided that:
(1) City promptly notifies Consultant in writing of the claim; and
(2) Consultant has sole control of the defense and all related settlement negotiations.
(a) If Consultant defends City against such claims, the City Attorney shall be kept
informed of settlement negotiations, and shall execute any settlement agreement
reached by Consultant on City's behalf.
(b) Consultant's defense and indemnification under this section is conditioned on City's
agreement that if any of the designs, plans or specifications, become, or in
Consultant's opinion are likely to become, the subject of such a claim, City will
permit Consultant, at Consultant's option and expense, either to procure the right
for City to continue using the designs, plans or specifications or to replace or
modify the same so that they become non -infringing; and if neither of the foregoing
alternatives is available on terms which are reasonable in Consultant's judgment,
City, to the extent City is legally able to do so, will cease using the designs, plans or
specifications on written request of Consultant, in which instance City has the sole
option to either require Consultant to perform new design work at Consultant's sole
expense, or to terminate this Agreement.
(c) Consultant has no liability under this section for any claim of infringement based
upon the modification or alteration of the designs, plans or specifications prepared
under this Agreement subsequent to the Project by City, or by any engineering
consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Consultant with respect to infringement
of patents and copyrights.
The indemnification and defense provisions as set forth in this Section 8.03 shall not apply to
products or materials which City has required that Consultant include in any of the Designs,
Plans and Specifications, or which are substituted by Contractor or any of his subcontractors
during the Construction Phase of the Contract,
8.04 Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain during the
term of this Agreement professional liability insurance coverage in the minimum amount of Five
Hundred Thousand Dollars ($500,000.00) from a company authorized to do insurance business
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in Texas and otherwise acceptable to City.
8.05 Insurance Policy Endorsements. Each insurance policy under paragraph 8.04 shall
include the following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Consultant.
(3) The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees and
agents thereof in their official capacities, and/or while acting on behalf of the City of Round
Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of any nature.
8.06 Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such
minimum coverage in force to be filed with the City. Such Certificates of Insurance are
evidenced as attached hereto and entitled "Certificates of Insurance."
ARTICLE IX
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC.
9.01 Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors
shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City
of Round Rock, as amended, and with all applicable rules and regulations promulgated by all
local, State and National boards, bureaus and agencies. Consultant shall further obtain all permits
and licenses required in the performance of the professional services contracted for herein.
9.02 Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of
Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
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ARTICLE X
TERM
10.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or
extended by mutual agreement approved by City, the term of this Agreement shall be for three
hundred sixty (360) days from the date of execution hereof.
10.02 Project Performance Schedule.
(1) Time of completion of the services referenced herein shall be as follows: Completion of
services not later than three hundred sixty (360) days from date of execution hereof. Nothing
recited herein shall be construed to prevent the negotiated renewal and/or extension of this
Agreement by express written agreement of the parties.
(2) Consultant understands that the Project Performance Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of services required
herein, so that construction of the Project will be commenced as scheduled. In this regard,
Consultant shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish services required under this Agreement in a professional
manner.
ARTICLE XI
FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY
11.01 Financial Interest Prohibited. Consultant covenants and represents that Consultant, 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.
11.02 Confidentiality. Consultant's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Consultant hereunder shall be kept confidential, and shall
not be disclosed to any third parties without the prior written consent and approval of City's
Director.
ARTICLE XII
GENERAL PROVISIONS
12.01 Time is of the Essence. Consultant understands and agrees that time is of the essence and
that any failure of Consultant to complete the services for each phase of this Agreement within
the agreed Project Performance Schedule may constitute a material breach of this Agreement.
Consultant shall be responsible for its delays or for failures to use professional efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without waiver of any of City's additional legal rights
or remedies.
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12.02 Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
12.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Consultant shall not
assign, sublet or transfer any interest herein without City's prior written authorization
12.04 Amendments. This Agreement, representing the entire agreement between the parties,
may only be amended or supplemented by mutual agreement of the parties hereto in writing.
12.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock,
Williamson County, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
12.06 Notices. All notices and correspondence to City by Consultant shall be mailed or
delivered as follows:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
All notices and correspondence from City to Consultant shall be mailed or delivered to
Consultant:
Dale Shumaker, P.E., Principal
C. Faulkner Engineering, L.P.
907 West 5th Street, Suite 250
Austin, Texas 78703
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be
signed in its corporate name by the person duly authorized to execute the same in its behalf, and
C. Faulkner Engineering, L.P., signing by and through its duly authorized representative, thereby
binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Agreement.
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City of Round Rock Agreement
for Professional Planning and Design Services for
Police Department Self -Support Tower Project
with C. Faulkner Engineering, L.P.
AGREEMENT made as of the
Based upon AIA Document B141 - 1997
1997 Edition - Electronic Format
(In words, indicate day, month and year)
day of the month of( D z.-, in the year Two Thousand Six.
BETWEEN Consultant's client identified as Owner:
(Name, address and other information)
City of Round Rock
221 East Main Street
Round Rock, Williamson and Travis Counties, Texas, 78664
and Consultant:
(Name, address and other information)
Physical Address:
C. Faulkner Engineering, L.P.
907 West 5th Street, Suite 250
Austin, Texas 78703
Mailing Address: C. Faulkner Engineering, L.P.
Post Office Box 1528
Austin, TX 78767-1528
For the following Project:
(Include detailed description of Project)
Professional planning and design services (including but not limited to geotechnical investigation and report; soils resistivity
study; NEPA Screen/106 Review; site walk and construction drawings; zoning drawings; and construction administration
including bid documents, pre -construction meeting, foundation inspections, and final inspection; and related services) associated
with the construction of an 80' to 130' self-support tower to be located at the new City of Round Rock Police Facility.
Owner and Consultant agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions:
Consultant shall furnish the aforementioned services.
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
This Project consists of planning and design services associated with the construction of an 80' to 130' self-support tower to
be located at the new City of Round Rock Police Facility.
1.1.2.2 The physical parameters are:
The physical location of this Project is at the site of the new City of Round Rock Police Facility, Round Rock, Texas.
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1.1.2.3 Owner's Program is:
The program of development shall include but not be limited to the following elements:
1. Geotechnical Investigation and Report
($2,200) includes one (1) boring to a depth of forty feet (40') and providing a report sealed by a professional
engineer giving design parameters for the proposed self-support tower.
2. Soils Resistivity Study
($900) Includes conducting four -point soil study and providing a letter report to determine parameters for
grounding system design.
3. NEPA Screen/106 Review
($2,800.00) Includes providing the required NEPA Screen/106 Review including public notification and tribal
consultation. This work will include one (1) site visit to collect typically -required information, and will
then include submission of that information to required parties. Collection of additional information at
the request of third parties is not included herein. A typical timeline for this work is six (6) weeks.
4. Site Walk and Construction Drawings
($4,500) Includes construction drawings sealed by a professional engineer, which drawings shall include site
layout, tower specifications, grounding, electrical, fencing, antenna and line details, and other details
required for bidding and construction.
5. Zoning Drawings
($2,000) Includes full-sized set of drawings with impervious cover analysis, zoning information, watershed
information, site layout and elevation, erosion control details, special notes, and the like. These
drawings shall be provided to City's Project Manager for submission to City's Planning Department.
6. Construction Administration
($2,400) Includes providing construction administration services to assist in obtaining construction bids, and
coordinating with City during the construction process. This work includes but not is not limited to
preparation of bid documents, pre -construction meetings, foundation inspections, and final inspection.
This work will include several quality control inspections during and after construction. General
estimates herein are five (5) hours for preparation of bid documents, three (3) hours working with City
Purchasing to acquire tower; four (4) hours for bid walk, four (4) hours for kickoff meeting, four (4)
hours for foundation inspections, and four (4) hours for final inspection.
7. Reimbursable Costs
(NTE $500) Reimbursable expenses shall be as defined herein, and shall be paid upon invoicing at actual cost up to a
maximum amount of $500.00.
General Assumptions:
Included in the above -delineated Scope of Work are discussions with City regarding Code version that
the tower shall be designed to comply with, allowance for future capacity, assistance in selecting a
qualified construction contractor, and general coordination. The following assumptions apply: (1) a
requirement in bidding plans shall be that the tower foundation design shall be by the tower
manufacturer; (2) no survey is required; (3) radio equipment installed inside the Police Facility and
design for the electrical/HVAC/grounding of such equipment shall be by others; and (4) antenna and co-
ax loading shall be provided by City.
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1.1.2.4 The legal parameters are:
Not applicable.
1.1.2.5 The financial parameters are as follows:
The Fee Schedule relative to this Agreement is as follows:
L Geotechnical Investigation and Report $2,200.00
2. Soils Resistivity Study $ 900.00
3. NEPA Screen/106 Review $2,800.00
4. Site Walk and Construction Drawings $4,500.00
5. Zoning Drawings $2,000.00
6. Construction Administration $2,400.00
7. Reimbursable Expenses Allowance $ 500.00
TOTAL $15,300.00
(actual costs; not to exceed amount)
1.1.2.6 The time parameters are:
(Identifv. if appropriate. milestone dates, durations or fast track scheduling)
Completion not later than three hundred sixty (360) days from date of execution of this Agreement.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Professional services will be engaged by negotiated contract. General contractor for construction will be selected by
statutorily -allowable delivery method.
1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements)
Not applicable.
1.1.3 PROJECT TEAM
1.1.3.1 Owner's Designated Representatives are:
(List name, address and other information.)
Larry Madsen
Construction Manager, Public Works Department
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
1.13.2 The persons or entities, in addition to Owner's Designated Representatives, who are required to review Consultant's
submittals to Owner are:
(List name, address and other information)
City Manager
221 East Main Street
Round Rock, Texas 78664
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1.1.3.3 Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
Not applicable.
1.1.3.4 Consultant's Designated Representative is:
(List name, address and other information)
Dale Shumaker, P.E.
Principal, C. Faulkner Engineering, L.P.
907 West 5th Street, Suite 250
Austin, Texas 78703
1.1.3.5 The subconsultants retained at Consultant's expense are:
(List discipline and, if known, identify them by name and address)
Not applicable.
1.1.4 Other important initial information is:
Not applicable.
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the
Contract for Construction shall be the edition of AIA Document A201
as modified between Owner and Contractor.
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by Owner and Consultant in
determining Consultant's compensation.
accordance with Paragraph 1.3.3. It is expressly agreed and understood by all parties that, as to services hereunder, the total
sum of $14,800.00 plus authorized reimbursable expenses in an amount not to exceed $500,00 shall represent the absolute
limit of Owner's liability to Consultant unless same shall be changed by Supplemental Agreement hereto. Any such
Supplemental Agreement to this contract must be duly authorized by appropriate action of the City Manager or City
Council.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Consultant shall cooperate with one another to fulfill their respective obligations under this Agreement.
Both parties shall endeavor to maintain good working relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner
regarding requirements for and limitations on the Project. Owner shall furnish to Consultant, within fifteen (15) days after
receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce lien
rights.
Owner shall establish and periodically update the budget for the Proiect.
1.2.2.3 Owner's Designated Representatives identified in Paragraph 1.1.3 shall be authorized to act on Owner's behalf
with respect to the Project. Owner or Owner's Designated Representatives shall render decisions in a timely manner
pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress
4
of Consultant's services.
1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize
Consultant to furnish them as a Change in Services when such services are requested by Consultant and are reasonably
required by the scope of the Project and are approved by Owner.
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, Owner shall furnish or pay for tests,
inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests
for air and water pollution, and tests for hazardous materials.
1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be
reasonably necessary at any time for the Project to meet Owner's needs and interests.
1.2.2.7 Owner Each party shall provide prompt written notice to the Consultant other if O either becomes aware of
any fault or defect in the Project, including any errors, omissions or inconsistencies in Consultant's Instruments of Service.
1.2.2.8 Owner will furnish building permits without charge. Electrical, plumbing and other trade permits will be the
responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by Owner and are
not to be included by Consultant in the specifications for the Project.
1.2.2.9 Owner will provide Consultant with miscellaneous items such as the Project Facility Program, two (2) copies of
the City of Round Rock General and Supplementary Conditions for Building Construction, Instructions to Bidders, Proposal
Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may
be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction
contract. To the extent practicable, these documents shall be utilized in the preparation of the construction documents.
1.2.2.10 Owner will provide the following services to Consultant in the performance of the Project, upon request:
A. Provide any existing data City has on file concerning the Project, if available.
B. Provide any as-builtplans for existing facilities, if available.
C. Provide any as -built plans for existing water and sanitary sewer mains, if available.
D. Assist Consultant, as necessary, in obtaining any required data and information from local utility companies.
E. Provide standard details and specifications in digital format.
F. Assist Consultant by requiring appropriate utility companies to expose underground utilities within rights-of-way or
easements, when required.
G. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that
affects the scope or timing of Consultant's services.
1.2.3 CONSULTANT
1.2.3.1 The services performed by Consultant, Consultant's employees and Consultant's subconsultants shall be as
enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in supplemental
documents, and in related documents.
1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. Consultant shall submit for Owner's approval a schedule for the performance of
Consultant's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which
=.:hall may be adjusted, if necessary and approved by Owner , as the Project proceeds. This schedule shall include allowances
for periods of time required for Owner's review, for the performance of Owner's consultants, and for approval of
submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner
shall not, except for reasonable cause, be exceeded by Consultant or Owner.
1.2.3.3 Consultant's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on Consultant's
behalf with respect to the Project.
1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by Owner,
unless withholding such would violate the law, create the risk of significant harm to the public or prevent Consultant from
establishing a claim or defense in an adjudicatory proceeding. Consultant shall require of Consultant's subconsultants
5
similar agreements to maintain the confidentiality of information specifically designated as confidential by Owner.
1.2.3.5 Except with Owner's knowledge and consent, Consultant shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with
respect to this Project.
1.2.3.6 Consultant shall review laws, codes, and regulations applicable to Consultant's services. Consultant shall respond
in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by Owner. Gerultant Each party shall provide prompt written notice to the Owner other if Geasultant either
becomes aware of any errors, omissions or inconsistencies in such services or information.
ARTICLE 13 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
Owner of all elements of the Project designed or specified by Consultant.
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by
Owner and equipment designed, specified, selected or specially provided for by Consultant, including the costs of
management or supervision of construction or installation provided by a separate construction manager or contractor, plus a
for Contractor's overhead and profit.
1.3.1.3 The Cost of the Work does not include the compensation of Consultant and Consultant's subconsultants, the costs
of the land, rights-of-way and financing or other costs that are the responsibility of Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by Consultant and
Consultant's subconsultants are Instruments of Service for use solely with respect to this Project. Cons d
_ • • _ • • Owner acknowledges Consultant's construction
documents are instruments of professional service. Nevertheless, the plans and specifications prepared under this
Agreement shall become the property of Owner upon completion of the work and payment in full of all monies due to
Consultant, same to be used by Owner at its sole discretion. Until completion of construction, as to the particular Project for
which the plans and specifications are designed, Owner may not make any modifications to same without the express written
authorization of Consultant. However, at any time after completion of construction, Owner may reuse or make any
modifications to the plans and specifications without the prior written authorization of Consultant. Owner agrees, to the
fullest extent permitted by law, to indemnify and hold Consultant harmless from any claim, liability or cost (including
reasonable attorneys' fees) arising out of any unauthorized reuse or modification of the construction documents by Owner or
any person or entity that acquires or obtains the plans and specifications from or through Owner without the written
authorization of Consultant.
1.3.2.2 Upon execution of this Agreement, Consultant grants to Owner a permission to reproduce
Consultant's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that
Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Consultant
shall obtain similar permission from Consultant's subconsultants consistent with this Agreement. Any
termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, Owner
shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven (7)
days of termination all originals and reproductions in Owner's possession or control. If and upon the date Consultant
defaults on this Agreement,
permitting Owner is permitted to authorize other similarly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the Instruments of Service selely for the purposes of
completing, using and maintaining the Project.
13.23
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Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any 1ieeese
permission granted herein to another party without the prior written agreement of Consultant. However, Owner shall be
permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce
applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by-lieence-gmnted
in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or
for similar purposes in connection with the Project is permitted.
reserved rights of Consultant and Consultant's consultants. Owner shall not uee tho Instruments f Sorvico for futuro
Consultant's consultant;: Any unauthorized use of the Instruments of Service shall be at Owner's sole risk and without
liability to Consultant and Consultant's subconsultants.
1.3.2.4 Prior to Consultant providing to Owner any Instruments of Service in electronic form or Owner providing to
Consultant any electronic data for incorporation into the Instruments of Service, Owner and Consultant shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Consultant to Owner for approval on a minimum 11 -
inch by 17 -inch drafting sheet or as required for permitting.
1.3.2.6 Upon completion of the construction of the Project, Consultant shall, within thirty (30) calendar days following
final inspection, deliver to Owner the reproducible Record Drawings and Record Specifications as described supplementally
herein. In addition, Consultant shall submit originals of all documents listed under Section 1.3.2.1 modified to record
conditions provided by the contractor.
1.3.2.7 Consultant shall have no liability for changes made to the drawings by other consultants subsequent to the
completion of the Project. Any such change shall be sealed by the consultant making that change and shall be appropriately
marked to reflect what was changed or modified.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Consultant, including services required of Consultant's subconsultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if
It is expressly agreed and understood by all parties that, as to services hereunder, the total sum of $14,800.00 plus authorized
reimbursable expenses in an amount not to exceed $500.00 shall represent the absolute limit of Owner's liability to
Consultant unless same shall be changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this
contract must be duly authorized by appropriate action of the City Manager or City Council.
1.3.3.2 If any of the following circumstances affect Consultant's services for the Project, Consultant shall be entitled
to an appropriate adjustment in Consultant's schedule and compensation.
.1 Change in the instructions or approvals given by Owner that necessitate revisions in Instruments of Service;
.2 Enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to
previously prepared Instruments of Service;
.3 Decisions of Owner not rendered in a timely manner;
.4 Significant change in the Project including, but not limited to size, quality, complexity, Owner's schedule or
budget, or procurement method;
.5 Failure of performance on the part of Owner or Owner's consultants or contractors;
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1.3.4
.6 Preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding
except where Consultant is a party thereto;
.7 Change in the information contained in Article 1.1.
MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation .:. _- • ' ' : _ ' If such
matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may proceed in accordance with
applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation of -by
arbitration.
1.3.4.2
by mediation
Owner and Consultant shall endeavor to resolve claims, disputes and other matters in question between them
= = _ Request for mediation shall be filed in writing
with the other party to this Agreement and with the American Arbitration Association. Tho roquost may bo made
and mediation shall proceed in advance of
arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from
the date of filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
1.3.5
ARBITRATION
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j ree
1.3.5.1 Owner and Consultant hereby expressly agree that no claims or disputes between Owner and Consultant arising
out of or relating to the contract documents or a breach thereof shall he decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state
arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by Owner
for complete relief to be accorded in the arbitration proceeding.
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1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Consultant and Owner waive consequential damages for claims, disputes or other matters in question arising out of
or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination in accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by th- -
laws of the state of Texas, and exclusive jurisdiction and venue shall lie in Williamson County,
Texas.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General
Conditions of the Contract for Construction, :- _ as modified between Owner and
Contractor.
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate
for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations
commence to run any later than the date when Consultant's services are substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction, Owner and Consultant waive all
rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General
Conditions of the Contract for Construction, to of this Agreement as modified between Owner and
Contractor. Owner or Consultant, as appropriate, shall require of the contractors, consultants, agents and employees of any
of them similar waivers in favor of the other parties enumerated herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a
third party against either Owner or Consultant.
1.3.7.6 Unless otherwise provided in this Agreement, Consultant and Consultant's subconsultants shall have no
responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or
toxic substances in any form at the Project site.
1.3.7.7 Consultant shall have the right to include photographic or artistic representations of the design of the Project among
Consultant's promotional and professional materials. Consultant shall be given reasonable access to the completed Project to
make such representations. However, Consultant's materials shall not include Owner's confidential or proprietary information
if Owner has previously advised Consultant in writing of the specific information considered by Owner to be confidential or
proprietary. Owner shall provide professional credit for Consultant in Owner's promotional materials for the Project.
1.3.7.8 If Owner requests Consultant to execute certificates, the proposed language of such certificates shall be submitted
to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be required
to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 Owner and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives
to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement. Neither Owner nor Consultant shall assign this Agreement without the
written consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for
the Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Consultant shall
execute all consents reasonably required to facilitate such assignment.
13.8 TERMINATION OR SUSPENSION
1.3.8.1 If Owner fails to make payments to Consultant in accordance with this Agreement, such failure than. may be
considered substantial nonperformance and _. _ _ _. _ . . -, cause for suspension of
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performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services,
Consultant shall give sew* fifteen (15) days' written notice to Owner. In the event of a suspension of services, Consultant
shall have no liability to Owner for delay or damage caused Owner because of such suspension of services. Before
resuming services, Consultant shall be paid all non -disputed sums due prior to suspension.
. Consultant's fees for the remaining services and the time schedules
shall be equitably adjusted. It is expressly agreed and understood by all parties that, as to services hereunder, the total sum of
$14,800.00 plus authorized reimbursable expenses in an amount not to exceed $500.00 shall represent the absolute limit of
Owner's liability to Consultant unless same shall be changed by Supplemental Agreement hereto. Any such Supplemental
Agreement to this contract must be duly authorized by appropriate action of the City Manager or City Council.
1.3.8.3 If the Project is suspended or Consultant's services are suspended for more than ninety (90) consecutive days,
Consultant may terminate this Agreement by giving not less than seven (7) days' written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven (7) days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
1.3.8.5 This Agreement may be terminated by Owner upon not less than seven (7) days' written notice to Consultant for
Owner's convenience and without cause.
1.3.8.6 In the event of termination not the fault of Consultant, Consultant shall be compensated for services performed
prior to termination, together with Reimbursable Expenses then due. and all Torminati n Expenc,es as defined in
Subparagraph 1.3.8.7.
1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses
directly attributable to termination for which Consultant is not otherwise compensated.
1.3.8.8 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that
Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the
convenience of Owner, upon seven (7) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice
Owner for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pay for any work which is
unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this
Agreement. Owner shall not be required to make any payments to Consultant when Consultant is in default under this
contract, nor shall this section constitute a waiver of any right, at law or at equity, which Owner may have if Consultant is
in default, including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.9 PAYMENTS TO CONSULTANT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of Consultant's statement for services. No deductions shall be made from Consultant's compensation on
account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of
changes in the work other than those for which Consultant has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses, in an amount not to exceed $500.00, are in addition to compensation for Consultant's
services and include expenses incurred by Consultant and Consultant's employees and consultants directly related to the
Project, as identified in the following Clauses:
.1 Transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications;
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.3 Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service;
.7 Reimbursable expenses as designated in Paragraph 1.5.5.;
.8 Other similar direct Project related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of all expenses related to
this Project shall be available to Owner or Owner's authorized representative at mutually convenient times.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between
Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises
the documents listed below.
1.4.1.1 "City of Round Rock Agreement for Professional Planning and Design Services for Police Department Self -
Support Tower Project with C. Faulkner Engineering, L.P."
1.4.1.2 Other documents as follows:
(List other documents, if any, forming part of the Agreement)
"Supplemental Agreement No. 1" supplementing "City of Round Rock Agreement for Professional Planning and Design
Services for Police Department Self -Support Tower Proiect with C. Faulkner Engineering, L.P."
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
The Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provides that it is a violation of the
ADA/TAS to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the
accessibility and usability requirements of the ADA/TAS except where an entity can demonstrate that it is structurally
impractical to meet such requirements. Consultant will use its reasonable professional efforts to interpret applicable
ADAITAS requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the
Proiect.
ARTICLE 1.5 COMPENSATION
1.5.1 For Consultant's services as described under Article 1.4, compensation shall be computed as follows:
Consultant's total compensation for services hereunder shall not exceed the sum of $14,800.00, plus authorized
reimbursable expenses in an amount not to exceed $500.00, which sum shall include such items as travel, copies,
reproductions, presentations, telephone, postal or courier services, and other similar expenses.
1.5.2 If the services of Consultant are changed as described in Subparagraph 1.3.3.1, Consultant's compensation shall be
adjusted. Such adjustment shall be calculated as described below
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and idents
Principals and classify employees, if required. Idents specific services to which particular methods of compensation apply)
1.53 For a Change in Services of Consultant's subconsultants, compensation shall be computed as a multiple of one (1. 00)
11
times the amounts billed to Consultant for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.00) times the expenses incurred by
Consultant, and Consultant's employees and subconsultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows:
N. _
1,5.7 An initial payment of Zero and No/100 Dollars ($00.00) shall be made upon execution of this Agreement and is the
minimum payment under this Agreement. - : e • • ' . _ .. . _ • . Subsequent payments for
services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in
this Agreement.
1.5.8 Payments are due and payable thirty (30) days from the date of Consultant's invoice, or not later than the time
period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from
time to time at the principal place of business of Consultant.
(Insert rate of interest agreed upon.)
One percent (1 %) per month
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations
at the Owner's and Consultant's principal places of business, the location of the Project and elsewhere may affect the validity of this
provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as
written disclosures or waivers)
This Agreement entered into as of the day and year first written above.
OWNER:
CITY OF ROUND ROCK, TEXAS
CONSULTANT:
C. FAU ER E INEERING, L.P.
By
Dale Schumaker, P.E., Principal
By:
FOR CITY, PPROVED AS TO FORM:
By: �I
Stephan L.
Sheets, City Attorney
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CITY OF ROUND ROCK
By:
FOR CITY, APPROVED AS TO FORM:
By:
4.7kar, . •`� J.
Stephan Sheets, City Attorney
C. FAULKNI R EN NEERING, L.P.
By:
ATTEST:
ale Shu er, P.E., Principal
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Tat/1(5,1955 i ant- 6'9 SeCatarfE
DATE:
SUBJECT:
ITEM:
December 18, 2006
City Manager Approval - December 22, 2006
Action authorizing the City Manager to execute an Agreement with
C. Faulkner Engineering, L.P. for planning and design services for
new self-support tower at the Round Rock Police Facility (Tellabs
site).
Department:
Staff person:
Engineering and Development Services
Tom Word, Chief of P.W. Operations
Larry Madsen, Construction Manager
Justification:
A new 80' to 130' self support tower will be constructed at the new police facility
project. Request for qualifications were asked from C. Faulkner Engineering.
After review of qualifications and interview, C. Faulkner Engineering was selected
and asked to provide proposal. This agreement includes geo tech investigation,
soils resistivity study, permitting, design and construction administration.
Funding:
Cost: $15,300.00
Source of funds: GO Bonds 2002
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A