CM-09-07-135ROUND ROCK, TEXAS
PURPOSE. PAS$10N4. PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: PBS & J ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200, Austin, TX 78730
PROJECT: No Net Loss Study (Phase 1)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CON TRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the . day of 'i • , 2009 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporion, 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
0141.0904; 164072
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Rev. 10/08
00064494
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time,,which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Fourteen Thousand Seven Hundred Sixty -Five and No/100 Dollars ($14,765.00) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Michael Thane
Director of Water and Wastewater Utilities
Utilities Department
212 Commerce Blvd.
Round Rock, Texas 78664
Telephone Number (512) 218-2326
Fax Number (512) 218-3242
Email Address mthane@round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Augusto Villalon
Senior Project Manager
6504 Bridge Point Parkway, Suite 200
Austin, Texas 78730
Telephone Number (512) 342-3285
Fax Number (512) 327-2453
Email Address avillalon@pbsj.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per 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 following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Augusto Villalon
Senior Project Manager
6504 Bridge Point Parkway
Suite 200
Austin, TX 78730
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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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.
CITY OF ROUND ROCK, TEXAS AP ' R • VED AS T I FORM:
By:
ATTEST:
By:
W
C's) R . NU,52,E,
Ct
AA/L. kook(,
Sara L. White, City Secretary
PBS & J
By:
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Signature of Principal
Printed Name: .5 u_7.(. (L H ,E1 r -n y
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Steph. L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
Project Name. Location and Scope Summary: This "No Net Lose' Study
will be executed in Two Phases. AH work will be performed by PBS&7 and its
consultants in the Austin metropolitan area. The project area defined by
potential water management strategies could extend anywhere within the Middle
to Lower portions of both the Colorado and Brazos River Basins. The overall
objective of this study is intended to focus on developing conceptual level water
management strategies to fulfill the "No Net Loss" policy.
Phase 1 will be a high level examination of options available to the City of
Round Rock to satisfy the "No Net Loss" condition as outlined in HB 1437. Phase
1 will focus on identifying, in concept, a suite of alternatives including assessing
the political, technical, environmental and financial advantages/disadvantages of
each. The high level comparative analysis will be based on engineering
judgment. The deliverable for Phase 1 will include a Letter report, documenting
the results of Phase 1 including a matrix of ranked alternatives and
recommendation for Phase 2 efforts. Once the City of Round Rock has agreed to
which alternatives to carry forward, PBS&] will prepare a detailed estimate for
Phase 2 engineering services.
Phase 2 scope of services will be developed once Phase 1 is complete and the
CORR has decided that Phase 2 services are necessary, however in general,
Phase 2 will focus on developing conceptual layout and life cycle costs for those
alternative strategies determined to be feasible and practical based on the Phase
1 investigation.
Phase 1- Expected/Anticipated services from the City Of Round Rock
(CORR):
1) Provide PBS&J with any information (i.e. reports, studies, tables, etc)
related to historic investigations/discussions by the CORR that could assist
PBS&] in executing the "No Net Loss" study.
2) Provide CORR Staff review of Draft Letter Report and related
documentation, and
3) CORR to submit Draft Letter Report Review/Comments back to PBS&]
within 5 working days of receipt of Draft.
EXHIBIT B
Engineering Services
Introduction
This "No Net Loss"' Study will be executed in Two Phases. All work will be
performed by PBS&] and its consultants in the Austin metropolitan area. The
project area defined by potential water management strategies could extend
anywhere within the Middle to Lower portions of both the Colorado and Brazos
River Basins. The overall objective of this study is intended to focus on
developing conceptual level water management strategies to fulfill the "No Net
Loss" policy.
In 1999, the passage of House Bill (HB) 1437 allowed the LCRA to contract with
and provide the Brazos River Authority (BRA) for up to 25,000 acre-feet per year
to be used anywhere within Williamson County, under certain conditions. One of
those conditions specifies "no net Toss" of water in the Colorado River watershed
and authorizes a surcharge on sales of the water to ensure that the amount
transferred is conserved, replaced or offset in some manner.
Scope Summary
This study will involve two phases;
1. Phase .1 will be a high level examination of options available to the City
of Round Rock to satisfy the "No Net Loss" condition as outlined in HB
1437. The Phase 1 high level investigation will focus on identifying, in
concept, a suite of alternatives including assessing the political, technical,
environmental and financial advantages/disadvantages of each. The
comparative analysis will be based on engineering judgment. An
alternatives matrix will rank those alternatives which appear feasible and
practical to develop additional information during Phase 2. The deliverable
will include a Letter report, documenting the results of Phase 1 including a
matrix of ranked alternatives and recommendation for Phase 2 efforts.
Once the City of Round Rock has agreed to which alternatives to carry
forward, PBS&] will prepare a detailed estimate for Phase 2 engineering
services.
2. Phase 2 will focus on those alternative strategies determined to be
feasible and practical based on the Phase 1 investigation. For each
alternative PBS&J will
A. Prepare conceptual layouts, sites and routes for facilities,
B. Prepare conceptual level construction, operational and maintenance
cost estimates for phased facilities,
C. Determine conceptual life cycle cost estimates, and present value
unit cost estimates per acre foot of water delivered/replaced.
D. Identify all necessary permitting requirements and agencies which
could be involved.
E. Prepare Technical Memorandum report documenting results of the
Phase 2 conceptual level study.
Scope of Services
Phase 1
Phase 1 -Task 1: Meetings
PBS&J will prepare and attend;
• One 1 hour project kickoff meeting and discuss planned study tasks,
approach and strategic considerations.
• One 1 hour meeting presenting Phase 1 results.
Phase 1 -Task 2: High Level Analysis
PBS&J will investigate alternatives to meet the "No Net Loss" provisions, identify
political, technical, environmental and financial issues, qualitative comparison of
alternatives, prepare conceptual map and based on engineering judgment, rank
alternatives and prepare a matrix for comparison.
Phase 1 -Task 3: Letter Report
PBS&J will prepare a letter report documenting the results including conceptual
maps, identifying political, technical, environmental issues and provide
recommendations.
Draft Phase 2 (Preliminary to be updated based on Phase 1 results)
Phase 2 -Task 1: Meetings
PBS&J will prepare and attend one 2 hour meeting presenting Phase 2 results.
Phase 2 -Task 2: Facility Infrastructure Analysis
For each alternative, PBS&J will refine political, technical, environmental
considerations, prepare/ identify conceptual capacities, facility sites, order of
magnitude construction, O&M including electrical costs, capital and life cycle
costs. Expand and Populate alternatives matrix as needed.
Phase 2 -Task 3: Technical Memorandum
PBS&J will prepare a Phase 2 technical memorandum documenting the results
including conceptual maps, political, technical and environmental updates, order
of magnitude costs and alternatives matrix.
EXHIBIT C
Work Schedule
Phase 1 -Schedule
Final Letter Report delivered within 30 working days of a Notice to proceed. (I.e.
Draft Letter Report delivered within 20 working days of a Notice to Proceed, City
of Round Rock Review/Comments back to PBS&J within 5 working days of
receipt of Draft, Final delivered within 5 working days of receipt of Review
comments)
Phase 2 -Schedule
TBD
EXHIBIT D
Fee Schedule
Project PERSONNEL:
Table 1 shows the PBS & J Staff rates and relevant breakdown of costs, while PBS&J Consultant rates are
based on Sub -consultant fee agreements:
Phase 1 Project Personnel
v v
Billing Rate
Raw Labor Cost
Overhead(1)
Profit
PBS&J Staff
Augusto Villalon
$165.25
$55.10
168.5%
11.7%
Ryan Fennell
$81.61
$27.21 168.5%
11.7%
PBS&J Consultants
Joseph Beal
$275.00
Paul Thomhill
$260.00
Note:
(1) Audited 2007 Overhead Rate
Table 2 shows the Phase 1 budget including labor and reimbursable costs for PBS & J Staff and PBS&J
Consultants by Task:
Task 1 Meetings
Task 2 Analysis
Table 2 Phase 1 Budget
Phase 1 Budget No Net Loss Options
Phase 1
Task 3 Letter Report
Rates Hours Cost
Beal $ 275.00 2 $ 550
Thornhill $ 260.00 4 $ 1,040
Villalon $ 165.25 2.5 $ 413
Subtotal 8.5 $ 2,003
Beal $ 275.00 9 $ 2,475
Thornhill $ 260.00 18 $ 4,680
Fennell $ 81.61 8 $ 653
Villalon $ 165.25 13.3 $ 2,198
Subtotal 48.3 $ 10,006
Beal $ 275.00 1.5 $ 413
Thornhill $ 260.00 5 $ 1,300
Villalon $ 165.25 4.8 $ 793
Subtotal 11.3 $ 2,506
Total Phase 1 Labor
Phase 1 Reimbursable Costs
Total Phase 1
$ 14,515
$ 250
$ 14,765
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER:
LOCKTOINNOMPANIES. INC.
444 W. 47 STREET, SUITE 900
KANSAS CITY. MO 64112
Phone:816-960-9000 E-mail:
INSURED:
POST. BUCKLEY. SCHUH AND JERNIGAN. INC
DBA PBS&J
2001 NW 107 AVENUE
MIAMI. FL 33172-2507
Phone: j800) 597-7275 E-mail;
Date: 6/5/2009
TDI number required. Please refer to the
Texas Dept of Insurance website: htto:l/www.tdi.state.tx.usl
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types 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.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE UABILITY
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS $
EACH ACCIDENT $
DISEASE - POLICY UMIT $
DISEASE - EACH EMPLOYEE $
PROFESSIONAL LIABILITY LDUSA0800811 9/30/08-9/30/09
51,000.000 EACH CLAIM & AGGREGATE
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
___ NET .OS4 F'i,/A i IATION OF HB14 7
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation 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 will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
128384
00650 — 12-2008
SIGNAC��OF q�LI NS NST TE OF TEXAS
Typed Name: RONALD LOCKTON
Title: PRESIDENT OF KANSAS CITY DIVISION
Page 2
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
A
LLOYDS OF LONDON A XV
See attached
B
C
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types 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.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE UABILITY
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS $
EACH ACCIDENT $
DISEASE - POLICY UMIT $
DISEASE - EACH EMPLOYEE $
PROFESSIONAL LIABILITY LDUSA0800811 9/30/08-9/30/09
51,000.000 EACH CLAIM & AGGREGATE
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
___ NET .OS4 F'i,/A i IATION OF HB14 7
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation 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 will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
128384
00650 — 12-2008
SIGNAC��OF q�LI NS NST TE OF TEXAS
Typed Name: RONALD LOCKTON
Title: PRESIDENT OF KANSAS CITY DIVISION
Page 2
Certificate of Liability Insurance
POLICY NO. LDUSA0800811
CARRIER: LLOYD'S OF LONDON
SYNDICATIS TDI
1. #2623 108703320
2. #2488 9059049
3. #2987 10469252
4. #33 9051806
5. #435 9053652
6. #623 9058498
SUBJECT: City Manager Approval —July 10, 2009
ITEM: Consider executing an Engineering Services Contract with PBS & J for the
No Net Loss Study (Phase 1) project.
Department: Water & Wastewater Utilities
Staff Person: Michael D. Thane, P.E., Director of Utilities
Justification:
The objective of this Study is intended to focus on developing conceptual level water
management services to fulfill the "No Net Loss" policy. This study will be executed in two
phases. Phase I will be a high level examination of options available to the City to satisfy the
"No Net Loss" condition as outlined in HB 1437. This will include assessing the political,
technical, environmental and financial advantages/disadvantages of each. Once Phase I is
complete and the City deems necessary, the scope of services will be developed for Phase 2.
Funding:
Cost: $14,765.00
Source of funds: Utility Operating Fund (5216-200-41000)
Outside Resources: PBS & J
Background Information:
In 1999, the passage of House Bill (HB) 1437 allowed the LCRA to contract with and provide the
Brazos River Authority (BRA) for up to 25,000 acre-feet per year to be used anywhere within
Williamson County, under certain conditions. One of those conditions specifies "no net loss" of
water in the Colorado River watershed and authorizes a surcharge on sales of the water to
ensure the amount transferred is conserved, replaced or offset in some manner. The project
area defined by potential water management strategies could extend anywhere within the
Middle to Lower portions of both the Colorado and Brazos River Basins.
Public Comment:
N/A
UPDATED APRIL 2008
5/12/2009
Request for City Council/City Manager Action
1J City Council o. City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Water & Wastewater Utilities
Contact Person: Chaz Gordon 1 Kathy Michna
Project Mgr/Resource:
Project Coordinator
Wheel Thane
Assigned Attorney: Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
For trti IsratiVn g jONLY
Received: - - JUt 0 8 2009
Tag #:
67- /55"
Original Documents Received: 9
Project Name: No Net Loss Study (Phase 1)
ContractorNendor. PBS & J
Funding Source: tardy Fund
Additional funding Source:
Amount
7/10/2009
14,765
Account Number: 5216-200-41000
Consider executing an Engineering Services Contact with PBS & J for the No Net Loss Study (Phase 1) pry
Finance Information
Is Funding Required? Yes n No 0
Q Initial Construction Contract
Construction Contract Amendment #
Cnange uraer #
Change in Quantity nUrdoreseen Circumstances
0 Initial Professional Services Agreement
Supplemental Professional Service Agreement #_
Q Purchasing/Service Agreement
CI Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Amount
14,765
FINANCE
N/A *wed
0 0
0 0
E3 0
0
Finance&CIP
Finence/Aat
Purchasing
Budget
Ike
Dale
Date
Dale
APPROVALS
to be completed ONLY by Faroe)
Final Finance Approval Required
Maw
Finance Director Date
Once approvals have been obtained, please forward the RFA, blue sheet, backup information and originals to City Secretary, Sara While.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and CIN Manager Items
Project Mgr. Signature: Date:
Dept. Director Signature: Date: 7/47o 9
tea%
*City Attorney Signatu
City Manager Signature:
Date:
Date:
required for all items.
REVISED 7/6/2009