CM-09-06-108ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Engineer")
ADDRESS: 507 West Liberty Avenue, Round Rock, Texas 78664
PROJECT: Wayfinding
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2009 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporaion, 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 Rev. 10/08
0199.7117; 162048 00064494
CVOOWAYF
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n n A ..n .� .
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 Cityin 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 timet
accomplish all Engineering Services required under this Contract in a professional manner. y
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(3)
Notice to Proceed. Amer 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 Forty -Four Thousand One Hundred Thirty -Three and 73/100 Dollars ($44,133.73)
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 En i
will be made within thirty (30) days of the day on which the performance of services complete, g neer
owithin thirty (30) days of the day on which City receives a correct invoice for services,whichever s
is
later. Engineer may charge a late fee (fee shall not be greater than that which ispermitted
for payments not made in accordance with this prompt payment policy; howeverthi by Texas law)
apply in the event: Y is policy does not
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
p Y be
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 betty
subcontractor and its supplier concerning supplies, materials, or equipment delivered l a
the Engineering Services performed which causes the payment to be late; or or
D. The invoice is not mailed to City in strict accordance with instructions, if
purchase order, or this Contract or other such contractual agreement. any, on the
City shall document to Engineer the issues related to disputed invoices within ten( 10
days of receipt of such invoice. Any non -disputed invoices shall be considered correct )calender
the terms of Chapter 2251, V.T.C.A., Texas Government Code, and payable per
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the Cit h
written Notice to Proceed regarding such task. The City shall not be responsible for Y as issued a
costs incurred by Engineer related to any task for which a Notice to Proceed been
ed has notik
performed or
Issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
John Dean
Transportation Planner
Transportation Department
212 Commerce Blvd.
Round Rock, Texas 78664
Telephone Number (512) 218-5562
Fax Number (512) 218-3242
Email Address jdean@round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect
Contract. City or City's Designated Representative shall render decisions in a timely aito this
to documents submitted by Engineer in order to avoid unreasonable delayin the ander s pertaining
progress of Engineering Services. orderly and sequential
Engineer's Designated Representative for purposes of this Contract is as follows:
Leah Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, Texas 78664
Telephone Number (512) 244-9620
Fax Number (512) 244-9623
Email Address lcoffman@baker-aicklen.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Service
City at City's election. Engineer shall prepare and present such information ay s, confer with
necessary, or as may be requested by City, in order for City to evaluate features of bh pertinent and
Services. At the request of City or Engineer, conferences shall be provided atEngineer's the Engineering
offices of City, or at other locations designated by City. When requested ed byCit hfoffice, the
also include evaluation of the Engineering Services. q Y, such conferences shall
Should City determine that the progress in Engineering Services does not s '
Schedule, then City shall review the Work Schedule with Engineer to dete • atrsfc the Work
determine corrective action
Engineer shall promptly advise City in writing of events which have or ma
impact upon the progress of the Engineering Services, includingbut limitedY have a significant
not to the following:
(1) Problems, delays, adverse conditions which may materially affect the
objectives of the Work Schedule, or preclude the attainment of project ability nto meet the
units by established time periods; and such disclosure shall be accompaniedEngineering Services
actions taken or contemplated, and City assistance needed to thtoby tiston, any; of
and resolve the situation, if
(2) Favorable developments or events which enable meeting the Work
than anticipated, Schedule goals sooner
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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 o ti
of terminating this Contract.p on
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 nd exceedse
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract the
executed between theparties as p will be
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 incurr
by Engineer relating to additional work not directly associated with the performance of the En ine red
i
Services authorized in this Contract or any amendments thereto. g e ng
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 g
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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 and as
specified under Article 11.p rd for as
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
determines that there has been a significant change in (1) the scope, complexity if City
Engineering Services, or (2) the duration of the Engineering Services. Anysuch Supplementalr character ofContract the
must be duly authorized by the City. Engineer shall not proceed until the SupplementalContract as
been executed. Additional compensation, if appropriate, shall be identified as provided
Contract has
p ded in Article 4.
It is understood and agreed by and between both parties that Engineer shall make
extra work done or materials furnished until the City authorizes full execution of
t claim for
Supplemental Contract and authorization to proceed. City reserves the ri ht t the written
pending verification of satisfactory Engineering Services performed. g °withhold payment
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents
or collected under the terms of this Contract are the exclusive property of Cityand shallbefurnished
s createddt
City upon request. All documents prepared by Engineer and all documents furnished furnished to
City shall be delivered to City upon completion or termination of this Contract. Engineer,o Engineer o n
expense, may retain copies of such documents or any other data which it has furnished Ciat its own
Contract. City under this
ARTICLE 15
PERSONNEL. EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for theer
Engineering Services, and adequate and sufficient personnel and equipment to perform
e dp formance ofer all
ng
Services as required. All employees of Engineer shall have sucknowledgeorm the Engineering
enable them to perform the duties assigned to them. Any employee of Engineer w nd experience i will
City, is incompetent or whose conduct becomes detrimental to the Engineeringwho, in the opinion ll
immediately be removed from association with the project when so instructed Services shall
certifies that it presently has adequate qualified personnel in its employment for by City. Engineer
Engineering Services required under this Contract, or will obtain such er•so performance of the
than City. Engineer may not change the Project Manager without priorwritten nnel from soyconsent of City.. other
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering
this Contract without prior written approval from City. All subcontract g rrlg Services under
required in this Contract and shall be approved as to form, in writing,subcontracts include the provisions
Services being performed under the subcontract. No subcontract hall reliyeve
prior to Engineering
responsibilities under this Contract. elreve Engineer of any
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable tin
or otherwise evaluate the Engineering Services performed or beingres to review
premises on which it is being performed. If any review or evaluatin performed hereunder and the
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Engineer or a subcontractor, then Engineer shall provide and require its subcontractorsis on the premises ll
reasonable facilities and assistance for the safety and convenience of City or otherrepresentto provide all
performance of their duties.atives in the
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form fora rovaI
any final report is issued. City's comments on Engineer's preliminary reports shall beby City before
final report, p addressed in any
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds fortermination
this Contract, and any increased costs arising from Engineer's default,breachcontract,or iolof
of contract terms shall be paid by Engineer. of or violation
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
perform the Engineering Services set forth herein in a satisfactory manner. to
(3) By either party, upon the failure of the other party to fulfill its obligations
herein. g s as set forth
(4) By City, for reasons of its own and not subject to the mutual consent of E '
not less than thirty (30) days' written notice to Engineer, ngrneer, upon
(5) By satisfactory completion of all Engineering Services and obligations described escribed herein.
Should City terminate this Contract as herein provided, no fees other than fees
at the time of termination shall thereafter be paid to Engineer. In determining due and payable
Engineering Services performed byEngineer the value of the
g prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on aercen
p Cage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection
above, then the amount charged during the thirty -day notice period shall not exceed th a4}immediately
during the preceding thirty (30) days, a amount charged
If Engineer defaults in the performance of this Contract or if City terminates this Con
fault on the part of Engineer, then City shall give consideration to the actual costs inc u• • tract for
t r
in performing the Engineering Services to the date of default, the amount of En ed ng Engineer
gineerin
required which was satisfactorily completed to date of default, the value of the Engineering Services
g Services
which are usable to City, the cost to City of employing another firm to complete
Services required and the time required to do so, and other factors which affect the value the City of the
Engineering Services performed at the time of default, to City the
The termination of this Contract and payment of an amount in settlement as prescribed
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, exceptabove
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination
thisths
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then Ci tion mayo
over the project and prosecute the Engineering Services to completion. In such case, E� City take
liable to City for any additional and reasonable costs incurred by City. Engineer shall be
Engineer shall be responsible for the settlement of all contractual and administrative
arising out of any procurements made by Engineer in support of the Engineering Services issues
Contract. g g ices under this
ARTICLE 21
COMPLIANCE 'WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local
statutes, codes, ordinances, rules and regulations, and the orders and decrees of an colaws,
laws,
administrative bodies ortribunals in any manner affecting the performance of this Conty court, g
without limitation, minimum/maximum salary and wage statutes and regulations, a lact, including
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its comp land ieensing laws
ance.
Engineer shall further obtain all permits and licenses required in theerform
Engineering Services contracted for herein. p ance of the
(2) Taxes. Engineer will pay all taxes, if any, required by law arisingbyvi
Engineering Services performed hereunder. City is qualified for exemption pursuant virtue isof thes
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Acta, p ant to the provisions
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all clas
i
liabilities due to activities of his/her/itself and his/her/its agents or employees,performed unde
1tder r and
Contract, which are caused by or which result from the negligent error, omission or negthis
Engineer or of any person employed by Engineer or under Engineer's direction or control. act of
rol.
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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 byEngineer,
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
ineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall 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
Registration for Professional Engineers. of
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 th s
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 reservesno d
shall have the right to annul this Contract without liability or, in its discretion and at its sole election,
t
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. ee
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial ince
direct or indirect, in the purchase or sale of any product, materials or equipment that will beiebe
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 claim 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 followin
conditions by endorsement to the policy: g
(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,
successors, lawful assigns, and legal representatives. Engineermay not assign, sublet or transfer th
interest in this Contract, in whole or in part, by operation of law or otherwise, withoutn1 anye
prior written consent of City. obtaining the
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for an
held to be invalid, illegal or unenforceable in any respect, then such invalidity,a , llegality y reason be
unenforceability shall not affect any other provision thereof and this Contract shall beIor
i
such invalid, illegal or unenforceable provision had never been contained herein, construed as f
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes
understandings or written or oral contracts between the parties respectingthe subject matter prior
herein. This Contract may only be amended or supplemented by mutual agreement
ement of latter dhe neo
in writing, g the parties hereto
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engine
kept on a generally recognized accounting basis and shall be available to Cityg et, shall be
representatives at mutually convenient times. The City reserves the right to review all or its authorized
relevant which are related to this Contract. records it deems
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall beersonall
or mailed to such party at the following respective addresses: p Y delivered
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:
Leah Coffman, P.E.
Project Manager
507 West Liberty Avenue
Round Rock, Texas 78664
ARTICLE 33
GENERAL PROVISIONS
(I) 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
hl
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 e
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 al
rights or remedies. Y
(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 dela in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. y
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock,
County, Texas, and if legal action is necessary by either party with respect to the enforcement ofWilliamson 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
o
the State of Texas. ns of
(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
g ractic'
under the saine or similar circumstances at the same time and in the same locality. Excepting Article
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or other s
in connection with the Engineering Services. wise,
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(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, as has 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. g
CITY * F ROUND ROCK, TEXAS APP/
By:
ATTEST:
By:
, ► °f \ .Nit
(afik
Sara L. White, City Secretary
BA R-AICKLEN & ASSOCIATES, INC.
By. �� v►
Signage of Principal
Printed Name: Cddle•/ppC, J Jr. ��l �•�L..•S.
Vice Pr'eyiclott of.�y �'lGcrinq 6'fietzitions
VED AS TO FORM:
Stepha
L. Sheets, City Attorney
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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
EXHIBIT A
City Services
The City of Round Rock (CORR) will furnish to the ENGINEER the following information
and/or perform the following tasks:
1) Furnish all applicable data and correspondence the CORR may have on file or receives
for this project including the updated sign hierarchy and applicable wayfinding sign
dimensions, colors, and font graphic standards (by others). g
2) Maintain a current Municipal Maintenance Agreement between the City and TxDOT.
3) Perform timely reviews, provide decisions and furnish directions necessary to permit
the project to progress according to the agreed upon project schedule (Exhibit C).
4) Meet on an as need basis to answer questions, provide guidance, and offer
comment.
5) Promptly review and process invoices.
REFERENCES
1) TxDOT Guidelines for Wayfinding Guide Signing - TxDOT
2) Texas Manual on Uniform Traffic Control Devices (TMUTCD) — TxDOT
3) TxDOT Sign Crew Field Book — TxDOT and TxDOT — Austin District
4) TxDOT Standard Specifications for Construction and Maintenance of Highways,
Streets and Bridges (2004) - TxDOT
5) City of Round Rock Transportation Criteria Manual - CORR
NOTES:
1) All design shall be in accordance with the above references, except where variances
are permitted in writing by the CORR (the above annotated list is not intended to be
all inclusive, there may be other references required dependent upon the specific
design needs of the project.).
2) The ENGINEER is responsible for purchasing all references, which are required for
the project.
EXHIBIT B
Engineering Services
The work to be performed under this contract shall consist of providingengineering
services for creation of a wayfinding signing data layer utilizing Geographic Information
n
Systems (GIS) for the estimated 100 wayfinding sign locations. Preliminarysign
sighting maps will be produced and refined to adjust wayfinding sign placement. The
finalized wayfinding signing layout will be submitted to TxDOT for approval.
The project shall be developed in English units. Specifications shall be in accordance
with the TxDOT Standard Specifications for Construction and Maintenance of
Highways, Streets, and Bridges (2004) and the CORR Transportation Criteria Manual.
The ENGINEER will furnish to the City of Round Rock (CORR) the followinginformatio
and/or perform the following tasks: n
PROJECT MANAGEMENT
1) Provide overall project management services including project coordination
develop/update project schedule, and prepare invoices and Monthly Pro ress
Reports. g
2) Ensure timely submittal of all deliverables, electronic files, and hard copies of all
pertinent information, all in American Standard System of Measure format.3) Attend project related meetings with CORR and TxDOT, as directed. The Engineer
shall be required to attend three (3) Project Development Meetings with the CORR
to discuss the progress of the project and any design issues and two (2)project
coordination meetings with TxDOT for review and approval.
4) Project Management
a. Design Notebook - Compile a notebook containing the project design calculations
and associated data.
b. Quality Assurance/ Quality Control Reviews — Perform QA/QC and assure that
all work performed goes through a QA/QC process before CORR receives
deliverables.
GIS DATA DEVELOPMENT AND MAPPING
1) Set-up GIS project data collection and project files format.
2) Define proposed wayfinding sign locations and create data layer.
3) Develop GPS Data Dictionary for field inventory.
FIELD INVENTORY AND DATA COLLECTION
1) Coordinate and conduct sign sighting surveys.
2) Process field survey data.
3) Update sign sighting map.
1 of 2
WAYFINDING SIGNING LAYOUT
1) All wayfinding signing work shall be in accordance with TxDOT Guidelines
Wayfinding Guide Signing; the Texas Manual on Uniform Traffic Control Devices,for
the TxDOT Sign Crew Field Book, TxDOT Standards and Specifications and the
CORR Transportation Criteria Manual.
2) Wayfinding Signing Layout - Prepare a signing layout at a scale of 1 in = 100
The signing layout shall identify the various types of proposed wa indin si feet.
The Engineer shall refer to the TxDOT Sign Crew Field Bookg gnmg.
wayfinding sign placement.3) for determining
Detail all non-standard wayfinding signs including sign details with dimensions colors
and font size; mounting height, type and location (coordinate values with station and
offset distances from intersections) of mount; and distances to existingad'ace
(within 1000 LF) traffic control devices, driveways or other physical roadway features.
.nt
REFERENCES
1) TxDOT Guidelines for Wayfinding Guide Signing - TxDOT
2) Texas Manual on Uniform Traffic Control Devices (TMUTCD) — TxDOT
3) TxDOT Sign Crew Field Book --- TxDOT and TxDOT — Austin District
4) TxDOT Standard Specifications for Construction and Maintenance of Highways,
Streets and Bridges (2004) - TxDOT
5) City of Round Rock Transportation Criteria Manual - CORR
NOTES
1) All design shall be in accordance with the above references, except where variances
are permitted in writing by the CORR (the above annotated list is not intendedtobe
the
all inclusive, there may be other references required dependent upon ebe
design needs of the project.). specific
2) The ENGINEER is responsible for purchasing all references, which are required
the project. q ed for
2 of 2
EXHIBIT C
WORK SCHEDULE
Task Description
c
.,
1 1 2 1
3 14
1 12131
4
1 1
2 1
31 4
Notice to Proceed
A
GIS Data Development
and Mapping
Field Inventory and
Data Collection
Wayfinding Signing
Layout
Project Management
Approvals
4
EXHIBIT D
FEE SCHEDULE
Create Way Finding Signs data layer , Sighting Maps, Conduct Sighting Surveys,
Compile survey data and add to sign sighting maps; Process permitting through TxDOT.
Estimated Direct Labor
Classification
Project Manager
Project Engineer/Surveyor/Planner
Project Eng/Sury/Plan/GIS Coord
Project Eng/Sury/Plan/GIS Designer
CAD/GIS Operator
1 -Man Survey Party
! Total Estimate+
t Overhead. ;'.
Total Services Fec
Hours Rate Cost Totals
48 $59.76 $2,868.48 $2,868.48
24 $48,46 $1,163.04 $1,163.04
48 $51.12 $2,453.76 $2,453.76
40 $38.16 $1,526.40 $1,526.40
120 $25.92 $3,110.40 $3,110.40
96 $25.20 $2,419.20 $2,419.20
121
Estimated Direct Expenses
Reproduction
Postage & Delivery
Mileage
Per Diem
Lodging
Monument materials
Survey stakes/supplies
Total Estimated Direct
xpens(
Total Estimated Subconeultan
Profit (12%)
$0.45
$25
$o
$0
$0
$0
$0
$o
$0
72$;61;
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTll (CATS OF LIABILITY INSURANCE
PRODUCER:
USI Southwest
Lou N. Can. O f TX H,L"
Austin. Texas 78731
Phone;5J2-45-x555 E email:
INSURED:
Bajtef•A1c! Ian &,, ssoc., Inc. _
507 W. Llbarty Ay
pound Rack`Ie$alt 76664
Phone:512-244-9820 Ertl*);
THIS 13 TO CERTIFY THAT the insured named above Is L.�,.,�M „! ,� vvrwpan,vs „siva arsove wnn respect to the buslnass operations
hereinafter described, for the typos of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
Date:__ O5J22 09
701 number required. Please refer to the
Texas Dept of Insurance website; .htto:1/www.tdt.atate us
CO TYPE OP POLICY EFFECTIVE
LTR INSURANCE NUMBER DATE
EXPIRATION
DATE
LIMITS
GENERAL. LIABILITY
GENERAL AGGREGATE 8
PRODUCTS-COMP/OP AGO. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE 8
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY
EXCESS LIABILITY
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE
AGGREGATE
$
S
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE.. POLICY LIMIT $
DISEASE • EACH EMPLOYEE $
PROFESSIONAL LIABILITY 1fEONG21674278003 08/21/09.05/21/10 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Date; 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF QPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
The Cityfo Round Rock is named as- additional Insured with respect to all poJfctes except 'Workers' Compansation and Employers'
Liability' and 'Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company wilt mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER:
128384 Page 2
00650 --1-2008
City Manager
City of Round Rock
2211. Mein Street
Round Rock, Texas 78864
SIGNATURE AIN'T L10EME TATE OF TEXAS
Typed Name: _Ali Jimmerson
Title: _Vice President
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
•A
ACE American Ins. Company
/142160
•C
0
CO TYPE OP POLICY EFFECTIVE
LTR INSURANCE NUMBER DATE
EXPIRATION
DATE
LIMITS
GENERAL. LIABILITY
GENERAL AGGREGATE 8
PRODUCTS-COMP/OP AGO. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE 8
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY
EXCESS LIABILITY
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE
AGGREGATE
$
S
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE.. POLICY LIMIT $
DISEASE • EACH EMPLOYEE $
PROFESSIONAL LIABILITY 1fEONG21674278003 08/21/09.05/21/10 Per Claim $2,000,000 Annual Aggregate $2,000,000
Retro Date; 05/01/1981
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF QPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
The Cityfo Round Rock is named as- additional Insured with respect to all poJfctes except 'Workers' Compansation and Employers'
Liability' and 'Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company wilt mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER:
128384 Page 2
00650 --1-2008
City Manager
City of Round Rock
2211. Mein Street
Round Rock, Texas 78864
SIGNATURE AIN'T L10EME TATE OF TEXAS
Typed Name: _Ali Jimmerson
Title: _Vice President
Certificate of Liability Insurance
DATE: June 10, 2009
SUBJECT: City Manager Approval — June 12, 2009
ITEM: Consider executing a Contract for Engineering Services with Baker-Aicklen &
Associates, Inc. for the Wayfinding Project. (Does not match LAF)
Department: Transportation Services
Staff Person: Tom Word, P.E., Chief of Public Works Operations
Justification:
This contract with Baker-Aicklen & Associates, Inc. will provide the necessary data to implement
the Wayfinding Signage System. The consultant will utilize Geographic Information Systems
(GIS) to identify the location of an estimated 100 Wayfinding sign locations throughout the City.
This contract includes coordination with the Texas Department of Transportation (TxDOT) to
ensure compliance with all applicable state and federal rules relative to such systems.
Funding;
Cost: $44,133.73
Source of funds: Hotel Occupancy Tax
Outside Resources:
Baker-Aicklen & Associates, Inc.
TxDOT
Background Information:
In 2004, the Tourism and Development Marketing Plan recommended the adoption of
Wayfinding Signage System. On April 3, 2009, the City Manager approved a contract with
Greear Graphics to provide consulting services for the design of the Wayfinding signage.
The contract under consideration will provide the necessary data regarding the location and
placement of all Wayfinding signage, in compliance with TxDOT Guidelines for Wayfinding
Guide Signing where applicable; the Texas Manual on Uniform Traffic Control Devices, the
TxDOT Sign Crew Field Book, TxDOT Standards and Specifications, and the City of Round Rock
Transportation Criteria Manual.
Public Comment:
N/A
UPDATED APRIL 2008