R-13-03-28-I8 - 3/28/2013RESOLUTION NO. R -13-03-28-I8
WHEREAS, the City of Round Rock desires to retain engineering services for the Cypress
Boulevard Reconstruction Project, and
WHEREAS, Klotz Associates, Inc. has submitted a Contract for Engineering Services to provide
said services, and
WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Inc.,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract
for Engineering Services with Klotz Associates, Inc. for the Cypress Boulevard Reconstruction Project,
a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of March, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
at -41 --
SARA L. WHITE, City Clerk
0:\wdox\SCCIn[s\0112\ 1304\MUMCIPAU00270196.DOC
EXHIBIT
«A„
'ROUND ROCK, TEXAS
PURPOSE P %IM PROSPH"
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KLOTZ ASSOCIATES, INC. ("Engincer")
ADDRESS: 901 South Mopac Expressway Building V, Suite 220, Austin, TX 78746
PROJECT: Cypress Boulevard Reconstruction
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2013 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev. 05110
0199.1365;00269096 00192831
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 perforin 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 detennines, 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.
2
(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 Two Hundred Twelve Thousand One Hundred Fifty -Six and 45/100 Dollars
($212,156.45) as shown in Exhibit D. The lump suns 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/lier/its
negligence.
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 terns of a federal contract, grant, regulation, or statute prevent City fi•om making a
timely payment with federal fluids; 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 terns 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:
Joe Bledsoe
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number (512) 218-6603
Fax Number (512) 218-5563
Email Address jbledsoe@roundrocktexas.gov
0
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:
Ricardo Zamarripa, PE
Regional Manager
901 South Mopac Expressway Building V, Suite 220
Austin, TX 78746
Telephone Number (512) 328-5771
Fax Number (512) 328-5774
Email Address Ricardo. zamarripa@klotz.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.
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 fi•om City to resume the
Engineering Services. Stich 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/slie/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.
10
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
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
7
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any liardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
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 formic, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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 TERMSBREACH 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 terns 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 mamier.
(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 tennination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
6
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 tine 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 Engineerig 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.
10
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 lie/she/it has not paid or agreed to pay any company or engineer any fee,
conunission, 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/leer/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
reconunended 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
tern 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
11
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) Subconsultaut 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.
12
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
13
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Ricardo Zamarripa, PE
Regional Manager
901 South Mopac Expressway Building V, Suite 220
Austin, TX 78746
ARTICLE 33
GENERAL PROVISIONS
(l) 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 frilly
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 fiunished 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.
14
(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 fi•om 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 faithfid and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
Alan McGraw, Mayor
ATTEST:
By:
Sara L. White, City Clerk
KLOTZ ASSOCIATES, INC.
By:
Signature of Principal
Printed Name:
15
Stephan 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
16
EXHIBIT A
City Services
Existing Facility
The existing road section consists of a median divided four -lade section of asphalt
concrete pavement with closed storin sewer drainage. The existing right-of-way is
approximately 80' wide.
Proposed Facility
The proposed roadway will be a new location median divided four -lane section with 100'
of ROW. The proposed road will include the improvement of the intersections of Cypress
Cove and Sunrise Road at Eagles Nest Street. The drainage will be closed storm sewer
drainage. The project will include the realignment of a portion of existing Cypress
Boulevard and the demolition of the existing roadway that parallels the new location
roadway. The project will be let for construction by the CITY.
In conjunction with the services to be provided by the ENGINEER, as described in
Exhibit B, the CITY shall provide the following, as available:
I. ROUTE AND DESIGN STUDIES
1. Provide background information for design including:
a. Proposed typical sections for all roadways (including cross streets)
b. Proposed pavement sections/design if available
2. The CITY shall host a design concept conference to be held early in the
project to identify the roadway design criteria, project objectives, and local
requirements of the project. The conference will also be used to identify the
standard details that will be incorporated into the design. Copies of the design
criteria will be furnished by the ENGINEER and will be finalized upon
completion of the design conference.
II. RIGHT-OF-WAY DATA
1. The CITY shall provide previous dedicated Rights -of -Way (ROW) parcel
sketches, field notes for existing ROW (if available).
2. The CITY shall provide existing plans for CITY owned utilities within the
project limits.
III. FIELD SURVEYING
1. Surveying - The CITY shall provide all existing surveys (if available)
available to the ENGINEER.
IV. ROADWAY DESIGN CONTROLS
1. Traffic Volumes - The ENGINEER shall use current and projected traffic
information, based on study information available.
2. Pavement Design - The CITY shall review and approve ENGINEER's
proposed pavement design or geotechnical borings.
3. Estimate and Quantity Sheets and General Notes - The CITY will supply
current specification and general notes if any for review by the ENGINEER.
The ENGINEER will incorporate into the PS&E CITY specifications and
general notes, as applicable.
V. DRAINAGE
1. CITY shall provide all previous Drainage Impact Study information available
(including the HEC -1 and HEC -2, if desired), and drainage and flood control
impact evaluation material, preliminary drainage engineering information
related to the Engineer's focus area for design, if available.
2. CITY shall provide input into the types of landscaping design and Pedestrian
Underpass (if applicable) aesthetics.
VI. SIGNING, MARKINGS, AND SIGNALIZATION
1. Standards - The CITY shall provide copies of Standards for signage and
pavement markings for inclusion in the PS&E packages.
VII. MISCELLANEOUS (Function Code 163)
1. Agreements — With direction and coordination provided by the CITY, the
ENGINEER shall be responsible for securing necessary agreements pertaining
to the utilities and traffic signals as necessary.
2. CITY shall provide copies of appropriate and applicable Standard sheets.
3. CITY shall relay approvals for local, regional, state and federal agencies and
provide assistance, as necessary, to obtain necessary data, information, and
approvals from the various agencies.
2
4, CITY shall provide reviews according to the following design plan review
schedule:
PLAN REVIEW TURN -AROUND TIMES
30% PLAN REVIEW: 5 Business Days
90% PLAN REVIEW: 10 Business Days
FINAL PLAN REVIEW: 10 Business Days
EXHIBIT B
Engineering Services
PROJECT STATEMENT
Cypress Boulevard is a project being developed by the City of Round Rock (the
"CITY").
PROJECT DESCRIPTION
Existing Facility
The existing road section consists of a median divided four -lane section of asphalt
concrete pavement with closed storm sewer drainage. The existing right-of-way is
approximately 80' wide.
Proposed Facility
The proposed roadway will be a new location median divided four -lane section with 100'
of ROW. The proposed road will include the improvement of the intersections of Cypress
Cove and Sunrise Road at Eagles Nest Street. The drainage will be closed storm sewer
drainage. The project will include the realignment of a portion of existing Cypress
Boulevard and the demolition of the existing roadway that parallels the new location
roadway. The project will be let for construction by the CITY.
ROUTE AND DESIGN STUDIES
A. Data Collection & Field Reconnaissance. The ENGINEER shall collect, review
and evaluate data described below. The ENGINEER shall notify the CITY in
writing whenever the ENGINEER finds disagreement with collected information.
The ENGINEER shall conduct field reconnaissance and collect data, including a
photographic record (to be maintained in ENGINEER's office) of notable existing
features.
1) Record drawing plans of Cypress Boulevard and Sunrise Drive for
existing roadway, traffic, drainage, utilities, right-of-way maps, existing
planimetric mapping, existing channel and drainage easement data,
existing traffic counts, accident data, current unit bid price information,
current special provisions, special specifications, and standard drawings.
2) Documents for existing and proposed development along proposed route
frons local municipalities and local ordinances related to project
development.
Page 1 of 12
3) Utility plans and documents fi•om the CITY and appropriate municipalities
and agencies.
4) Readily available flood plain information and studies from the Federal
Emergency Management Agency (FEMA), the U.S. Army Corps of
Engineers, local municipalities and other governmental agencies.
B. Roadway and Hydraulic Design Criteria. The ENGINEER shall design the
project according to the City of Round Rock Design and Construction Standards /
Specifications (DACS) - Transportation Criteria, Drainage Criteria, Pavement
Criteria, Standards and Specifications Manual for a MAD 4 roadway (45 MPH).
The ENGINEER shall supply project specific design criteria (typical sections,
design exceptions, etc.) to be inserted into the Design Criteria Report for
discussion at the Design kick-off meeting.
C. Geotechnical Borings. The ENGINEER shall determine the location of proposed
soil borings for pavement analysis / design, embankment settlement analysis, and
slope stability. The CITY shall provide final review and approval of all pavement
design developed by the ENGINEER.
ENGINEER will perform pavement design services which will include:
1) Drill four borings to ten feet depth below natural ground, or into rock,
along the proposed alignment.
2) Obtain bulk samples of near -surface soils for laboratory testing.
3) Standard laboratory testing on boring samples to characterize subgrade.
4) Moisture/density and CBR tests on bulk samples to evaluate subgrade
stiffness.
5) Sulfates and lime versus plasticity index/pH to evaluate feasibility of lime
treatment.
6) Prepare report with pavement thickness recommendations based upon
CORR design standards.
This scope of services and estimated cost assumes that only minor traffic control
will be required, and that all boring locations will be accessible to a truck
mounted drill rig. If the above proves to be incorrect, special equipment and
traffic control devices will be subcontracted and billed to the CITY at cost.
Additionally, the cost for coordination will be billed in accordance with the
hourly rate established for Field Coordination. The CITY DACS will be used for
the pavement design criteria and for pavement design.
D. Services for Removal/Obliterating Existing Cypress Boulevard. ENGINEER
will perform the following services for the removal/obliterating of the existing
road which will include:
1) Excavate four 24" x 24" test pits in existing roadway for sampling.
2) Measure existing asphalt/base thickness at each location.
Page 2 of 12
3) Obtain samples of existing base for evaluation of reuse potential.
4) Will require two days of continuous traffic control — single lane closures
in both directions.
5) Propose to patch test pits with ready -mixed concrete.
6) Include options for reuse of existing asphalt/base material in report.
E. Design Concept Conference. The ENGINEER shall plan to attend and
document a Design Concept Conference (DCC). Personnel from the CITY will
participate. The ENGINEER shall prepare Cypress Boulevard aerial map, typical
sections and Design Criteria for the DCC. The conference will provide for a
brainstorming session in which decision makers, stakeholders and technical
personnel may discuss and agree on:
1) Roadway and drainage design parameters
2) Engineering and environmental constraints
3) Project development schedule
4) Other issues as identified by the CITY
5) Identify any Design Exceptions and/or waivers, if applicable
6) Pavement Design
7) Hydraulic Design
8) Design Summary Form
9) Typical Sections
F. Probable Cost of Construction. The ENGINEER will develop a probable cost of
construction (one estimate during schematic development) utilizing the approved
roadway design criteria and the Average Low Bid Unit Prices for Construction
located on the TxDOT website or other cost information provided by the CITY.
G. Design Schematic. The ENGINEER will develop a design schematic (1" = 100'
roll plot) utilizing the construction plans (provided by the CITY), utilizing the
approved roadway design criteria and information fi•om the Design Concept
Conference (DCC) to be utilized for obtaining the environmental clearance.
The schematic layouts will include the basic information necessary for the proper
review and evaluation of the proposed improvements.
The basic information needed on the schematic is as follows:
1) General project information including
functional classification
2) The location of roadways
3) Tentative right of way limits
4) Culverts
5) The geometrics (pavement cross slope
widths, slope ratio for fills and cuts)
highway roadway and crossroads
Page 3 of 12
project limits, design speed, and
, super -elevation, lane and shoulder
of the typical sections of proposed
6) The proposed traffic volumes and, as applicable, turning movement
volumes
7) Direction of traffic flow on all roadway lanes
8) CITY aerial for background information
9) Existing roadways and structures to be closed or removed
IQ) Sidewalks
11) Illumination
RIGHT-OF-WAY
A. Utility Adjustments. The ENGINEER will provide franchise utility coordination
and design for CITY owned utility relocations (water and waste water) within the
existing and proposed ROWS as required.
1) Prepare listing of utility owner and location.
2) Attend utility meetings and prepare meeting notes.
3) Prepare exhibits of plan sets and distribute to utility owners.
4) Meet with utilities on site for probes and provide survey information of
exposed utilities.
5) Identify and evaluate potential utility conflicts and adjustments,
6) Work with utilities for coordination of alignment of new or relocated
utilities.
7) Prepare utility plan and profile sheets for CITY owned utilities.
8) Prepare utility standard and detail sheets.
9) Modify plans to minimize utility conflicts and adjustments where possible.
1 Q) Provide milestone utility adjustment status reports.
B. Franchise Utility Coordination. The ENGINEER will coordinate with all
identified utility owners in the existing and proposed ROWS. Surveyor will
provide for one -call of utilities and pothole as required.
C. Right -of -Way. The ENGINEER shall be responsible for the review of surveying
and right-of-way pin location(s) and schematic review from surveyor. This will
include the surveying of existing ROW pins or markers within the project, The
identified ROW will be shown on the schematic.
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
A. All work to be performed under this contract shall be subject to review and
approval by the CITY. The ENGINEER will provide the overall project
supervision, management, administration and coordination.
Page 4 of 12
The Environmental work required is described below according to each task to be
performed.
1) Gather data for the existing and proposed roadway location. Data will
include USGS maps, aerial photography, National Wetland Inventory
(NWI) maps, floodplain maps, threatened and endangered species lists for
Williamson County, and a review of the National Register of Historic
Places website.
2) Perform a field reconnaissance to characterize the vegetation and habitat
and ground -truth data gathered in the previous task. A wetland
reconnaissance would be performed to identify any potential waters of the
U.S., including wetlands. No wetland determinations, delineations or data
forms would be completed and no permitting or coordination with the U.S.
Army Corps of Engineers is included. This task does not include any
presence/absence surveys for threatened or endangered species or detailed
assessment of any karst features identified. Historians and archeologists
will not perform any on-site surveys or inspections.
3) A report sununarizing findings of the field reconnaissance and data review
will be prepared and submitted to the CITY for their review and comment.
No coordination with the U.S. Fish and Wildlife Service, the Texas Parks
and Wildlife Department or the Texas Historical Commission is included.
SURVEYING
A. ENGINEER will recover, verify and utilize established control (previous work on
project). The values will be relative to NAD 83 Texas State Plane Coordinates,
Central Zone 4203 (scaled to surface values) based on the CORR GPS Control
Network, Vertical Datum will be GPS Orthonnetric heights and projected through
the length of the project.
B. ENGINEER will collect spot elevations and grade breaks along the project route.
The data will include curbs, gutters, driveways, portions of parking areas, visible
utilities, drainage features, trees (ornamentals and/or 8" and up dbh) and any
improvements within the defined area. ENGINEER will generate a one -foot
contour interval DTM file of the project area. NOTE: reasonable attempts for
measurements at silted drainage structures will be performed. Significant
excavation of silt could result in seeking of additional fees for data acquisition.
C. ENGINEER will perform sufficient research of property records from various
sources to analyze and develop an exhibit of the record ROW and property
configurations for the affected tracts. ENGINEER will perform sufficient field
work to recover property corners and highway monuments to aid in the analysis
and reconstruction of the tracts where parcels will be acquired, estimated at three
parcels. Final deliverables will be numbered individual parcel plats with metes
and bounds descriptions. Additionally, a ROW plan set will be generated with
parcel numbers of the entire project route. ENGINEER will place durable
Page 5 of 12
monuments on the acquired property corners as depicted within the parcel metes
and bounds description.
D. ENGINEER will place a utility location request with the "One Call" system for
designating of the underground utilities within the project limits (except drainage
channels).
E. ENGINEER will prepare a letter requesting Right of Entry onto private properties
for surveying purposes for the affected properties. An Excel spreadsheet of the
names, addresses and response will be logged and updated as needed. This file
will become one of the project deliverables.
F. ENGINEER will provide construction phase services for the project on a time and
materials basis with an initial "not to exceed" budget within this proposal.
G. ENGINEER will utilize the data collected along the Project corridor in the Field
Survey to produce a digital terrain model (DTM), 2D MicroStation planimetric
file, and a 3D MicroStation DTM (tin) file including break -lines and contours.
Survey field notes and supporting electronic data will be made available upon
request or as stated above. ENGINEER will prepare a horizontal and vertical
control layout exhibit which will include the benchmark system callouts. Utility
contact sheets will be provided.
ROADWAY DESIGN
All design criteria, standards and specifications will use the CITY DACS
Manuals.
A. Horizontal and Vertical Aliguments, The ENGINEER shall design the
horizontal and vertical alignment for the project to provide optimal design.
Alignments must be coordinated with the CITY. Plan and Profile views shall be
developed.
B. Typical Sections. Typical sections shall be required for all proposed and existing
roadways. Typical sections shall include width of travel lanes, directional traffic
arrows, shoulders, outer separations, border widths, curb offsets and ROW. The
typical section shall also include Profile Grade Line (PGL), centerline, pavement
design, longitudinal joints, side slopes, sod/seeding limits and sidewalks, and
station limits.
C. Project Layout. P'= 200' scale
D. Roadway Design. The ENGINEER shall provide the design of Cypress
Boulevard as described in the project limits. The design shall be consistent with
the approved and the current CITY DACS. The ENGINEER shall provide
roadway plan and profile drawings using CARD standards as required by the
Page 6 of 12
CITY. The drawings shall consist of a planimetric file of existing features and
files of the proposed improvements. The roadway base map shall contain line
work that depicts existing surface features obtained from the topographic file
updated by the ENGINEER. Existing major subsurface and surface utilities shall
be shown. Existing and proposed right-of-way lines shall be shown.
E. Intersection Layouts. The ENGINEER shall provide all intersection layout
detailing the pavement design and drainage design at the intersection of each
cross street. The layout shall include the curb returns, geometries, transition
length, stationing, pavement and drainage details. The ENGINEER shall design
for the proposed pavement width and provide a transition to the existing
roadway(s).
T. Driveway Details. The ENGINEER will prepare Driveway Details for each
driveway along the project corridor. When possible these driveways will be
defined in a tabular format. Unique driveways will require individual details
defining their construction. The ENGINEER will also develop Driveway Profiles
as required for the project. These profiles will be developed to show driveway
tie -back slopes, as well as limits for contractor's information.
G. Cut and hill Quantities. The ENGINEER shall develop an earthwork analysis to
determine cut and fill quantities and provide final design cross sections at 50 -foot
intervals. Annotation shall include at a minimum existing / proposed ROW, side
slopes (front and back), profiles, etc. Cross sections shall be delivered in standard
GEOPAK format on roll plots for review and I V x 17" sheets for the plans (if
required) and electronic files. The ENGINEER shall provide all criteria and input
files used to generate the design cross sections. Cross sections and quantities
shall consider existing pavement removals (if any). The ENGINEER at the 30%
and 90% submittals shall submit two sets of drawings.
H. Plan Preparation. The ENGINEER shall prepare roadway plans, profiles and
typical sections for the proposed improvements. This scope of services and the
corresponding cost proposal are based on the ENGINEER preparing plans to
construct main lanes and cross street tie-in at intersections. The plans shall
generally include the following sheets:
1) Title Sheet
2) Project Layout
3) Survey Data
4) Typical Sections
5) General Notes
6) Quantity Sheets
7) Traffic Control & Construction Sequence
8) Traffic Control Standards & Details
Page 7 of 12
9) Pavement Removal Plan
10) Roadway Plan & Profile
11) Intersection and Driveway Details (4" conduit at major intersections)
12) Roadway Standards & Details
13) Drainage Plans
14) Storm Sewer Layouts and Design
15) Drainage Standards & Details
16) Utility Plan & Profile
17) Utility Standards & Details
18) Illumination Plan Sheets
19) Illumination Electrical Service Details
20) Illumination Standard Sheets
21) Pavement Markings and Signing Plans
22) Pavement Markings and Signing Standards & Details
23) Erosion Control
24) Erosion Control Standards & Details
25) Cross Sections (submitted separately)
26) Other
I. Pavement Design. The typical sections and previous Cypress Boulevard
pavement design will be furnished if available to the ENGINEER for the project.
The ENGINEER shall evaluate the pavement section design and perform a
supplemental design. ENGINEER shall procure the services of a geotechnical
ENGINEER for use in the pavement design evaluations.
J. Pavement Design Management. The ENGINEER shall perform site visits to the
project as necessary. Coordinate with the Geotechnical ENGINEER on the
pavement design. The CITY shall perform the final review and approval of
pavement design developed by the ENGINEER.
DRAINAGE DESIGN
A. Hydrologic Analysis & Hydraulic Design. Design of existing and proposed
storm sewer systems. Design will include layouts, drainage area maps and design
of all drainage components required. Storm sewer systems will be designed using
CITY design criteria. The storm drainage calculations will be performed using
Page 8 of 12
TxDOT's WinStOrm program or GEOPAK Drainage. The hydraulic gradeline
will be evaluated throughout the entire system. Modeling downstream of the
required tie-in will be modeled as part of this project (flows, elevations, inlet
sizes, and pipe sizes will be obtained from as-builts provided by the City). Cross
drainage, if necessary, will be designed using HEC -RAS or BCAP. Coordination
with the CITY will be necessary and any adjustments outside of the project limits
will be provided as additional services. Included in these drainage services will
be:
1) Preparation of drainage area maps.
2) Preparation of Storm Sewer Layouts & Profiles.
3) Selection of CITY, County or TxDOT standard, as appropriate.
4) Preparation of plans or details of appurtenances for implementation of
Water Pollution Abatement Plan and/or water detention requirements.
5) Preparation of non-standard details for any drainage appurtenance.
6) Identification of limits of trench excavation protection, shoring or
dewatering.
7). Preparation of outlet protection, if necessary.
8) Identification of potential utility conflicts and alternative design to prevent
relocation wherever possible.
9) Preparation of Hydraulic Calculation Sheets.
10) Preparation of Quantity Summary Sheets.
B. Water Pollution Abatement Plans (WPAP) & Storm Water Pollution
Prevention Plans. TCEQ Coordination to establish Water Pollution Abatement
Plan (WPAP) documentation requirements for the Edwards Aquifer Recharge
Zone (EARZ). Plans will be completed and designed as required. SW3P Sheets
will be developed to minimize impacts on receiving waterways. Temporary and
any required permanent erosion control measures will be identified, including
location in the plan view, quantities, type and construction phase, as needed. No
structural features are anticipated for this project.
C. Temporary Drainage. Facilities will be designed as necessary to conform with
construction sequencing and phasing of this project or adjacent construction
projects.
SIGNING AND PAVEMENT MARKING
A. Signing & Pavement Marking Design. Produce signing and pavement marking
layouts, small sign summary and pavement marking summary. Coordinate with
the CITY and the County traffic engineering personnel.
Page 9 of 12
MISCELLANEOUS
A. Title Sheet and Index of Sheets. The ENGINEER will prepare a title sheet and
Index of Sheets in accordance with CITY DACS.
B. Sequence of Construction. The ENGINEER will prepare a sequence of
construction for the overall project. After review by the CITY, comments will be
incorporated for the final PS&E and the detailed traffic control plans will then be
prepared.
C. Traffic Control Plan. The ENGINEER will prepare detailed traffic control plans
based on the approved overall sequence of construction. CITY/TxDOT
construction standards will be incorporated into the traffic control plans.
D. Construction Schedule. The ENGINEER shall prepare a construction schedule,
which will identify the major items of work for the construction project.
Construction time determination shall be developed for 90% and filial submittals.
E. Continuous Lighting. The ENGINEER shall prepare plans (1"=100') for
continuous lighting along the entire project limits and safety lighting at all cross
street intersections. The ENGINEER shall prepare exhibits as required for the
owner to obtain agreements with adjacent municipalities.
F. Compute and Tabulate Quantities. The ENGINEER shall compute quantities
that are required for pay items, and those quantities identified by the CITY as
necessary for inclusion for contractor's information only. Quantities shall be
shown in the plan sheets and the project manual bid form.
G. Specifications and General Notes. The CITY shall fiurnish an electronic listing
of the current general notes, standard specifications, and special specifications
that will be utilized for the project. The ENGINEER will prepare any special
specifications and will work with the CITY to identify the applicable general
notes.
H. Roadway Closures. One month prior to the final milestone submittal, the
ENGINEER shall prepare all exhibit of any roadway closures, including a
narrative, for submission to the CITY for approval of the closure.
I. Agreements & Permits. With direction and coordination provided by the CITY,
the ENGINEER shalt assist the CITY in obtaining necessary agreements and or
permits pertaining to the utilities, construction and traffic signals as necessary.
J. Submittals. The ENGINEER shall submit the PS&E for review to the CITY at
the 30%, 90% and final level of completion. Three sets of plans shall be
submitted for review. Upon approval by the CITY, the ENGINEER shall submit
one set of final nrylars signed and sealed by a registered professional
ENGINEER.
BIDDING PHASE SERVICES
A. Prepare all construction documents, including project manual, for bidding.
B. Respond to bidder's questions during the bid period.
C. Prepare, distribute project addenda and attend bid period and bid opening.
D. Analyze contractor bids, prepare bid tabulation, check references, and make
recommendation for award of the apparent low bidder.
Page 10 of 12
E. Furnish construction documents to awarded contractor.
F. Attend the pre -constriction conference.
G. Make periodic site visits and attend construction meetings during construction and
report findings and observations.
PROJECT MANAGEMENT
The ENGINEER will coordinate with the CITY to complete the project. The
ENGINEER shall conduct regular coordination meetings with the CITY. The
ENGINEER shall prepare monthly invoices, progress reports, and updated
schedules. The ENGINEER shall implement a QA/QC program throughout the
project and will provide documentation of QC reviews upon request.
DELIVERABLES
ROUTE AND DESIGN STUDIES
1) Schematic on roll plot at 1"=100'
2) Preliminary Probable Cost of Construction (one estimate this task)
3) Proposed bore location(s) plot for approval
4) Design Criteria report for Design Concept meeting
RIGHT-OF-WAY and SURVEYING
1) Final Topographic Survey in Microstation
2) 1' Contour DTM file
3) Exhibit of record ROW and property configurations of affected properties
4) Metes and bounds for up to three parcels
5) Right of Entry letters
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
1) Environmental Summary Report
BIDDING PHASE SERVICES
1) Contract documents, including hard copies and electronic files, shall be
turned over to the CITY at the completion of the project. Contract
documents shall be posted to the CITY's Internet project management
database (if utilized) as requested.
2) Final (Final Bid Package) design submittal (11" x 17" sheets) shall be
included.
3) Design schedule shall be updated and furnished with each review
submittal.
Page l I of 12
CONSTRUCTION PLANS (complete)
1) 30% and 90% review copies (three each) on 11" x 17" sheets
2) Final construction copies (five each) on 11" x 17" sheets
3) CITY DACS will be utilized for construction plans
4) ENGINEER's Estimated Probable Cost of Construction shall be furnished
at the 30%, 90% and Final submittals. Construction time determination
shall be developed for 90% and final submittal.
CONSTRUCTION PHASE SERVICES
A. Pre -Construction Meeting. The ENGINEER will attend a pre -construction
meeting to answer any questions the contractor may have at that time.
B. Review Construction Submittals. The ENGINEER will review shop drawings.
C. Site Visits. The ENGINEER will perform periodic construction field visits and
observations. We anticipate the need for one or two monthly site visits during the
construction time, for an estimated total of five visits.
D. Requests for Information. The ENGINEER will respond to RFI's during
construction. RFI's shall be submitted to The ENGINEER in written format.
E. Final Walk-Through/Punch List. The ENGINEER will accompany the CITY
on a final walk-through after substantial completion of the project is finished and
develop a punch list of items to be completed.
F. Record Drawings. ENGINEER shall provide the final plans marked up for any
plan changes and include any sheets that were replaced.
G. RPR. Not included.
Page 12 of 12
EXHIBIT C
Work Schedule
.............. ........
Qtr 1, 2013 Qtr 2 2013 Qtr 3, 2013
Prelirninar .En ' neerin "w"
Survey
Schematic Preparation
Geotechnical
Right of Way Identification
Access Management
Utility Coordination
Public & Business Coordination
Submission
Approvals',,
TCEQ- Edwards Aquifer
TCEQ-SWPPP
Environmental Summary Report
Design '' ....
Roadway & Drainage
Utility
Signing & Pavement Markings
Misc - TCP/Specs/Estimates
Submission
TO BE DETERMINED WHEN FUNDING IDENTIFIED
GonstruCtion
EXHIBIT D
FEE SCHEDULE
DESCRIPTION
As
KLOTZ
ASSOCIATES
AMM
LOCHNER
INLAND
TOTAL COSTS
TERRACON BY FC
ROUTE AND DESIGN STUDIES
$17,780
$10,923.00 $28,703.00
ENVIRONMENTAL STUDIES
$4,485
$4,485.00
RIGHT OF WAY DATA
$16,555
$16,555.07
SURVEY AND PIIOTOGRAMMGIRY
$21,657
$21,657.00
ROADWAY DESIGN CONTROLS
$28,445
$28,445.00
DRAINAGE
$20,014
$20,013.56
SIGNING, PVMT. MARK., & SIGNALS
$6,424
$6,423.81
MISCELLANEOUS (ROADWAY)
$19,205
$14,054
$33,259.37
PROJECT MANAGEMENT
$19,985
$7,845
$27,829.63
BIDDING PHASE SERVICES
$9,655
$9,655.00
CONSTRUCTION PHASE SERVICES
$13,540
$13,540.00
DIRECT EXPENSES
$1,500
1 $90
$1,590.00
LABOR EXPENSES SUBTOTAL
$114,595.00
$64,891.45
1 $21,747.00
$10,923.00 $212,156.45
Page 1 of 1
88888
0
888
S
8888808
-
0
8888880
o
0
888888
c o
d g
S
A
gg QQ
o(iyodN
ui
o
�i
vi
mgo
c�
v�
S
IiSadc�iN`�91
7
�umimi�'i7p�m
ui vi5�
n
N
a��i�'��
ui
e
LLb'
Vlyinw�
w
yin
in
inL"i
�in00
ww�Yi#
w0"
w
arnw
y
w
CL
Cly
Z Z'
Z
Z
Z Z
Z
Z Y
Ti
2 Z
t
n
Z Z
Z Z
Z
Z `-
.- m
N
N
.-
tV NZ
Y
2
Z 2
2 2
2 Z
w. C
O
i� 7
p
a0mma0
o
LO
CO
N
N
MNNOOQ
•-h
Omm
�hQ
til
�,
OQ
�
O
Q IQ NN
N pMN
W-
MN
M
m
P
P
p
F =
pp
7
E
El y
N
N
O
O
O
V
Q
..,'
_
r
?a
f o
pn
M
N.,
o
m Q
mm
Q to
.0
Q
Q
Q
N
V
U,g
Q
m
�'
o �.
m
Q m
O6
m
m m
mco
o
y
F§.11
9
11111
111111
C
O p
W€
a
m O
m
N
3
,w
�O
Y
cl g
m
Q V
N
'
O
to
m�Q
NDN
91
Q m'vmmmm
MmQ
MQ
W y
1'
I O O
c p
N
N N
N
m;
O
O pp
0
w
w
to
i
N Q
r Q
N
.-
m 9�
�
N m
m
h-
Q trit
OL p
N�
N
m
OF
N�
y
C-
N
O
LCC Ny
;.f
4
i N
s°O
0
x•
002
x
9
3
AA
i
o
#
6
u
E
yy�
Y
n
c
>
o
a
m
02
S
5
za
y
Eq
o
f
g F
2 0 -
�. ±
g
.c4 E
C7
6
9 e
l�
pZ
Ix
v
o
m
n
� o
a
pCy
s Q
n
e
o
E
@
iossa
w&�9rc�`�g8���
��a�S"a`u
E
4
a`�a`a
gds=
m
Q D
r L
W8
LL
fl U
r N
W Q
LL
coif
�
n�
N
fi'niNsi,rn�
�
N
w
aammory�
womml�
o
r�mvim
mm
N
m�u�'adpp�nv
NM���Hy
V
Ot��pOp
^
V
^
O
ooN�V�Bim
c°ivc�aa
�-MN�
'^
IL
N�
aOaM
N�
W
N Vt
t9Ht9
W
Q
„
N M�N�
N
����yy
NtrONO
N----
W
W-
N
Q Q
ZZZZ
Q Q
Q Q
Zr
N m
N f"S
t7
V Q
NZ
N m
r
O O
M m
m Q
"22—ZITIZ
Q N
Q m
Q Q
Q
Z
6 a
m
im
W
Q
Z Z
Z Z
V
V
Z`-NNrN
8
N
rZ`-.-
N
�NMrZZr
N
Z Z
Z 'r
C
LI
g 0
br
�p
C]
OV t0
t0
�
NtON
�
d
N V
Nm
t0
t0
OOINO
/�mONN
NN
00
N
°
x
tV
r
om-
w�
M
o
�vaomvtD
�.
mmvm
�.�
mmm
V
va
V
v
oo V
O C
NN
N M
��yy
N M
O
N V
V V
V N
m V
V V
N
m m
V V
m V
m N
m
d � N
°O11
r
G
W N
O tN'1
C W
O
O
Ori,
O
d � N
tl and
Qp al
„
L
�
�6
?
i
$
z°
r
0
_
s
VJ
d
Vt
N
N
O
i
�e
�
e
_
o
P.
g
'aa
�g5tim%
`
�d�
a
�'''
°
���£
o$d°
tx
5
aJ2
n
a
i E°s
E
of
co
N
2
�F,�Eo
o Iz
V
u
B
0 0 o ogSg
M) w U) n
�3
N
J3
d
N
a
������III�III�I�IIAIIII�I���l
II
�dllllll
�
I
�
m
�9199IIII�IIII�IIIII�AIIIIW�IIII�I�I�
�I��O���B�9�9�I�IBIIII�9BIB99911111BI�111
III
I��I
�
III�N
III
Nil
V
u
B
0 0 o ogSg
M) w U) n
�3
N
J3
d
N
a
i I lc4titm I N(§ IN,
Exhibit D
Fee Schedule
SERVICE
UNIT COST
ESTIMATED
UNITS
ESTIMATED
TOTAL
Field Program
Drill Rig Mobilization, local (within 50 -mile radius), each
$
350.00
1
$
350.00
Drill Crew. hourly rate, per hour
$
225.00
6
$
1,350.00
Vehicle Charge, per day
$
40.00
2
$
80.00
Field Coordinator, per hour (staking, coordination, etc.)
$
55.00
10
$
550.00
Subtotal -Field Program
$
2,330.00
Laboratory Testing
Atterberg Limits, each
$
50.00
8
$
400.00
Moisture Content, each
$
8.00
16
$
128.00
Unconfined Compression Test (soil), each
$
30.00
6
$
180.00
Density Determination (tube sample), each
$
15.00
2
$
30.00
Percent Passing the No. 200 Sieve, each
$
40.00
2
$
80.00
Moisture/Density Relation, TEX 114E, each
$
150.00
1
$
150.00
California Bearing Ratio, each
$
200.00
2
$
400.00
Sulfate, each
$
75.00
4
$
300.00
Soil -Lime Relationship, pH series (0, 6, 8, 10%)
$
100.00
1
$
100.00
Soil -Lime Relationship, PI series (0, 6, 8, 10%)
$
200.00
1
$
200.00
Subtotal -Lab Testing
$
1,968.00
Engineering & Report Preparation
Principal, Geotechnical Engineer, P.E., per hour
$
145.00
4
$
580.00
Project Geotechnical Engineer, per hour
$
110.00
12
$
1,320.00
Draftsman, per hour
$
70.00
1
$
70.00
Clerical/Administrative Staff, per hour
$
45.00
1
$
45.00
Subtotal - Engineering
$
2,015.00
Total Estimated Cost without Base Testing
$
6,313.00
Optional Base Testing
Field Coordinator, per hour
$
55.00
18
$
990.00
Vehicle Charge, per da
$
40.00
3
$
120.00
Traffice Control, per da
$1,000.00
2
$
2,000.00
Asphalt Sawing, per location
$
150.00
4
$
600.00
Field Technician, per hour
$
50.00
10
$
500.00
Test Pit Patch, two cubic yard load
$
400.00
1 1
$
400.00
Subtotal, Optional Base Testing
$
4,610.00
Total Estimated Cost with Base Testing
$
10,923.00
Page 1 of 1
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Cliantlf- 172=1
WI f177ARr`
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATEjMW001YYYY)
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
211912013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement, A statefnont on this certificate doss not confer rights to the
certificate holder in lieu of such ondorsemenl(s).
PRODUCERINTACT
NHApME;
USI Southwest
tVCNND Ecr:713 d90.4600 aC IN,; Z13-490-4700
Three Memorial City
L
840 Gessner, Suite 600
ADDRESS:
Houston, TX 77024
14SURER(6)AFFORDING COVERAGE NAICN
INSURER A: Markel Insurance Comp. 38970
INSURED
Klotz Associates Inc.
INSURER B:
—
INSURER C:
1160 Dairy Ashford Ste 500
Houston, TX 77079
INSURER o 1
INSURER E:
CIA MS -MADE f-1 OCCUR
INSURER F•
VVV=K Uc.l. t;r_n I W IIA 1 F MINIM"". =91f9QFn K1\111"0=0.
THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
TYPEOFINSVRANCE
ADDL
1N
Ua
POLICYNUMBER
POLICY EF
M4VDDIYY
POUCyyEX
M4VDA
LIMrTS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
E 1 Srenre 1 $
PR IM SEEaooarrE."N
MED EXP one person) S
CIA MS -MADE f-1 OCCUR
PERSONAL d ADV INJURY .5
GENERALAGGREGATE S
GEN'LAGGREGATE IWITAPPLIES PER,
PRODUCTS-COMP/OP AGO S
POLICY PCT LOC
S
AUTOMOBILE LL491LIYY
COMBINED SINGLE LIMIT
We sod d nl
BODILY INJURY(Perpelson) S
ANYAUTO
ALL OM
UTOS tE0 AUTOSU O
BODILY INJURY (Per acddanl) $
HON:-OWNEU
HIREDAVTOS AUTOS
PROPERTY DAMAGE S
P acddont
S
_
UMBRELLA UA9
OCCl1R
EACH OCCURRENCE i
AGGREGATE S ^
EXCESS LIAR
ClAlL4S-I;AOE
DEO I I RETENTIONS
j
WORXERSCOMPENSATION11'GSTATU•
OTH-
1 1.
AND EMPLOYERS' LIASMITY YIN
ANY PROPRIETORIARTNEWEXECUTNE ]
OFFICERIMEIABER EXCLUDED?
N 1 A
E,LEACH ACCIDENT S
E.L. DISEASE -FA EMPLOYEE
(MandaterylnNH)
If Sbs, daton'ba under
DESCRIPTION OF OPERATIONS bdnv
_
E.L. DISEASE - POLICY LI,9T $
A
Professional
AE822413
2/0112012
_
12/01/2013 $2,000,000 per clalm
Liability
$4,000,000 annl aggr.
DESCRIPTION OF OPERATIONS ! LOCATIONS !VEHICLES (Atlaeh ACORD 101, Additional Remarks Schedule, It mere apace Ie rsquf(ed)
RE: Cypress Boulevard Reconstruction l Reconstruction of Cypress Boulevard to realign with the Intersection
from Sunrise Road and Eagles Neet Street to Cypress Cove,
This Certificate is Issued in respects to above referenced.
CERTIFICATE HOLDER
CANCELLATION
City of Round Rock
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2008 Enterprise Drive
ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock, TX 78664
AUTHORt2ED REPRESENTATIVE
'
01SUB-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#89352634IM9041961 VKEZP
City of Round Rock
1-tm
ROCKTIXASv.�on r alw
Agenda Item Summary
Agenda Number: 1.8
Title: Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Klotz Associates, Inc. for the Cypress
Boulevard Reconstruction / Realignment Project.
Type: Resolution
Governing Body: City Council
Agenda Date: 3/28/2013
Dept Director: Gary Hudder, Transportation Director
Cost: $212,156.45
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Resolution, Exhibit "A", Plan Layout
Text of Legislative File 13-093
This contract with Klotz Associates, Inc. will design the Cypress Boulevard
Reconstruction/Realignment Project, which will reconstruct approximately 1,450 feet of Cypress
Boulevard and realign it with Eagles Nest Drive to the east at Sunrise Dr. This new configuration will
support continued future growth in the area and it will eliminate the need for a future complex signal
arrangement, as the existing offset intersections between Eagles Nest and Cypress Boulevard will
be eliminated.
The cost of this work is $212,156.45 and is scheduled to be completed in September, 2013.
Funding for this project was provided for in Amendment #29 of the Transportation Capital
Improvement Program.
Staff recommends approval of this resolution.
City of Round Rock Page 1 Printed on 3/25/2013
0 J
i � z LLJ O
LLJ
X � O
w cl
ROUND ROCK, TEXAS
PURME PNSSM PR06 RI"
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KLOTZ ASSOCIATES, INC. ("Engineer")
ADDRESS: 901 South Mopac Expressway Building V. Suite 220, Austin, TX 78746
PROJECT: Cypress Boulevard Reconstruction
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on
this the day of , 2013 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev. 05/10
0199.1365;00269096 00192831
T- -1 A. -n3 28 -Tib
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
tirne 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.
2
(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 Two Hundred Twelve Thousand One Hundred Fifty -Six and 45/100 _Dollars
($212,156.4Q as shown in Exhibit D. The lump sunr 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.
3
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 fiords; 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:
Joe Bledsoe
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number (512) 218-6603
Fax Number (512) 218-5563
Email Address jbledsoe@mundrocktexas.gov
4
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:
Ricardo Zamarripa, PE
Regional Manager
901 South Mopac Expressway Building V, Suite 220
Austin, TX 78746
Telephone Number (512) 328-5771
Fax Number (5 12) 328-5774
Email Address Rieardo.zamarripa@klotz.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.
5
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 Conti -act 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.
G
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 fiirnished 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
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
7
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service un electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
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.
8
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 fAure 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
E
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 Set -vices 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.
10
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
11
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.
12
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawfid 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
13
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Ricardo Zamarripa, PE
Regional Manager
901 South Mopac Expressway Building V, Suite 220
Austin, TX 78746
ARTICLE 33
GENERAL PROVISIONS
(l) 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 filly
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 fiirnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
tinder 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.
14
(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 Contact 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, TEXA APP O ED AS TO RM:
By:
Alan McGraw, Mayor Stephan . Sheets, City Attorney
ATTEST:
Sara L. White, City Clerk
KLOTZ ASSOCIATES, INC.
By. 4
Signature of Principal
Printed Name: 17
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(S) Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
Existing Facility
The existing road section consists of a median divided four -lane section of asphalt
concrete pavement with closed storm sewer drainage. The existing right-of-way is
approximately 80' wide.
Proposed Facility
The proposed roadway will be a new location median divided four -lane section with 100'
of ROW. The proposed road will include the improvement of the intersections of Cypress
Cove and Sunrise Road at Eagles Nest Street. The drainage will be closed storm sewer
drainage. The project will include the realignment of a portion of existing Cypress
Boulevard and the demolition of the existing roadway that parallels the new location
roadway. The project will be let for construction by the CITY.
In conjunction with the services to be provided by the ENGINEER, as described in
Exhibit B, the CITY shall provide the following, as available:
I. ROUTE AND DESIGN STUDIES
1. Provide background information for design including:
a. Proposed typical sections for all roadways (including cross streets)
b. Proposed pavement sections/design if available
2. The CITY shall host a design concept conference to be held early in the
project to identify the roadway design criteria, project objectives, and local
requirements of the project. The conference will also be used to identify the
standard details that will be incorporated into the design. Copies of the design
criteria will be furnished by the ENGINEER and will be finalized upon
completion of the design conference.
II. RIGHT-OF-WAY DATA
1. The CITY shall provide previous dedicated Rights -of -Way (ROW) parcel
sketches, field notes for existing ROW (if available).
2. The CITY shall provide existing plans for CITY owned utilities within the
project limits.
III. FIELD SURVEYING
1. Surveying - The CITY shall provide all existing surveys (if available)
available to the ENGINEER.
IV. ROADWAY DESIGN CONTROLS
1. Traffic Volumes - The ENGINEER shall use current and projected traffic
information, based on study information available.
2. Pavement Design - The CITY shall review and approve ENGINEER's
proposed pavement design or geotechnical borings.
3. Estimate and Quantity Sheets and General Notes - The CITY will supply
current specification and general notes if any for review by the ENGINEER.
The ENGINEER will incorporate into the PS&E CITY specifications and
general notes, as applicable.
V. DRAINAGE
1. CITY shall provide all previous Drainage Impact Study information available
(including the HEC -1 and HEC -2, if desired), and drainage and flood control
impact evaluation material, preliminary drainage engineering information
related to the Engineer's focus area for design, if available.
2. CITY shall provide input into the types of landscaping design and Pedestrian
Underpass (if applicable) aesthetics.
VI. SIGNING, MARKINGS, AND SIGNALIZATION
1. Standards - The CITY shall provide copies of Standards for signage and
pavement markings for inclusion in the PS&E packages.
VII. MISCELLANEOUS (Function Code 163)
1. Agreements — With direction and coordination provided by the CITY, the
ENGINEER shall be responsible for securing necessary agreements pertaining
to the utilities and traffic signals as necessary.
2. CITY shall provide copies of appropriate and applicable Standard sheets.
3. CITY shall relay approvals for local, regional, state and federal agencies and
provide assistance, as necessary, to obtain necessary data, information, and
approvals from the various agencies.
2
4. CITY shall provide reviews according to the following design plan review
schedule:
PLAN REVIEW TURN -AROUND TIMES
30% PLAN REVIEW: 5 Business Days
90% PLAN REVIEW: 10 Business Days
FINAL PLAN REVIEW: 10 Business Days
3
EXHIBIT B
Engineering Services
PROJECT STATEMENT
Cypress Boulevard is a project being developed by the City of Round Rock (the
"CITY").
PROJECT DESCRIPTION
Existing Facility
The existing road section consists of a median divided four -lane section of asphalt
concrete pavement with closed storm sewer drainage. The existing right-of-way is
approximately 80' wide.
Proposed Facility
The proposed roadway will be a new location median divided four -lane section with 100'
of ROW. The proposed road will include the improvement of the intersections of Cypress
Cove and Sunrise Road at Eagles Nest Street. The drainage will be closed storm sewer
drainage. The project will include the realignment of a portion of existing Cypress
Boulevard and the demolition of the existing roadway that parallels the new location
roadway. The project will be let for construction by the CITY.
ROUTE AND DESIGN STUDIES
A. Data Collection & Field Reconnaissance. The ENGINEER shall collect, review
and evaluate data described below. The ENGINEER shall notify the CITY in
writing whenever the ENGINEER finds disagreement with collected information.
The ENGINEER shall conduct field reconnaissance and collect data, including a
photographic record (to be maintained in ENGINEER's office) of notable existing
features.
1) Record drawing plans of Cypress Boulevard and Sunrise Drive for
existing roadway, traffic, drainage, utilities, right-of-way maps, existing
planimetric snapping, existing channel and drainage easement data,
existing traffic counts, accident data, current unit bid price information,
current special provisions, special specifications, and standard drawings.
2) Documents for existing and proposed development along proposed route
from local municipalities and local ordinances related to project
development.
Page 1 of 12
3) Utility plans and documents from the CITY and appropriate municipalities
and agencies.
4) Readily available flood plain information and studies from the Federal
Emergency Management Agency (FEMA), the U.S. Army Corps of
Engineers, local municipalities and other governmental agencies.
B. Roadway and Hydraulic Design Criteria. The ENGINEER shall design the
project according to the City of Round Rock Design and Construction Standards /
Specifications (DACS) - Transportation Criteria, Drainage Criteria, Pavement
Criteria, Standards and Specifications Manual for a MAD 4 roadway (45 MPH).
The ENGINEER shall supply project specific design criteria (typical sections,
design exceptions, etc.) to be inserted into the Design Criteria Report for
discussion at the Design kick-off meeting.
C. Geotechnical Borings. The ENGINEER shall determine the location of proposed
soil borings for pavement analysis / design, embankment settlement analysis, and
slope stability. The CITY shall provide final review and approval of all pavement
design developed by the ENGINEER.
ENGINEER will perform pavement design services which will include:
1) Drill four borings to ten feet depth below natural ground, or into rock,
along the proposed alignment.
2) Obtain bulk samples of near -surface soils for laboratory testing.
3) Standard laboratory testing on boring samples to characterize subgrade.
4) Moisture/density and CBR tests on bulk samples to evaluate subgrade
stiffness.
5) Sulfates and lime versus plasticity index/pH to evaluate feasibility of lime
treatment.
6) Prepare report with pavement thickness recommendations based upon
CORR design standards.
This scope of services and estimated cost assumes that only minor traffic control
will be required, and that all boring locations will be accessible to a truck
mounted drill rig. If the above proves to be incorrect, special equipment and
traffic control devices will be subcontracted and billed to the CITY at cost.
Additionally, the cost for coordination will be billed in accordance with the
hourly rate established for Field Coordination. The CITY DACS will be used for
the pavement design criteria and for pavement design.
D. Services for Reinoval/Obliterating Existing Cypress Boulevard. ENGINEER
will perform the following services for the removal/obliterating of the existing
road which will include:
1) Excavate four 24" x 24" test pits in existing roadway for sampling.
2) Measure existing asphalt/base thickness at each location.
Page 2 of 12
3) Obtain samples of existing base for evaluation of reuse potential.
4) Will require two days of continuous traffic control — single lane closures
in both directions.
5) Propose to patch test pits with ready -mixed concrete.
6) Include options for reuse of existing asphalt/base material in report.
E. Design Concept Conference. The ENGINEER shall plan to attend and
document a Design Concept Conference (DCC). Personnel from the CITY will
participate. The ENGINEER shall prepare Cypress Boulevard aerial map, typical
sections and Design Criteria for the DCC. The conference will provide for a
brainstorming session in which decision makers, stakeholders and technical
personnel may discuss and agree on:
1) Roadway and drainage design parameters
2) Engineering and environmental constraints
3) Project development schedule
4) Other issues as identified by the CITY
5) Identify any Design Exceptions and/or waivers, if applicable
6) Pavement Design
7) Hydraulic Design
8) Design Summary Form
9) Typical Sections
F. Probable Cost of Construction. The ENGINEER will develop a probable cost of
construction (one estimate during schematic development) utilizing the approved
roadway design criteria and the Average Low Bid Unit Prices for Construction
located on the TxDOT website or other cost information provided by the CITY.
G. Design Schematic. The ENGINEER will develop a design schematic (1" = 100'
roll plot) utilizing the construction plans (provided by the CITY), utilizing the
approved roadway design criteria and information from the Design Concept
Conference (DCC) to be utilized for obtaining the environmental clearance.
The schematic layouts will include the basic information necessary for the proper
review and evaluation of the proposed improvements.
The basic information needed on the schematic is as follows:
1) General project information including project limits, design speed, and
functional classification
2) The location of roadways
3) Tentative right of way limits
4) Culverts
5) The geometries (pavement cross slope, super -elevation, lane and shoulder
widths, slope ratio for fills and cuts) of the typical sections of proposed
highway roadway and crossroads
Page 3 of 12
6) The proposed traffic volumes and, as applicable, turning movement
volumes
7) Direction of traffic flow on all roadway lanes
8) CITY aerial for background information
9) Existing roadways and structures to be closed or removed
10) Sidewalks
11) Illumination
RIGHT-OF-WAY
A. Utility Adjustments. The ENGINEER will provide franchise utility coordination
and design for CITY owned utility relocations (water and waste water) within the
existing and proposed ROWs as required.
1) Prepare listing of utility owner and location.
2) Attend utility meetings and prepare meeting notes.
3) Prepare exhibits of plan sets and distribute to utility owners.
4) Meet with utilities on site for probes and provide survey information of
exposed utilities.
5) Identify and evaluate potential utility conflicts and adjustments,
6) Work with utilities for coordination of alignment of new or relocated
utilities.
7) Prepare utility plan and profile sheets for CITY owned utilities.
8) Prepare utility standard and detail sheets.
9) Modify plans to minimize utility conflicts and adjustments where possible.
10) Provide milestone utility adjustment status reports.
B. Franchise Utility Coordination. The ENGINEER will coordinate with all
identified utility owners in the existing and proposed ROWS. Surveyor will
provide for one -call of utilities and pothole as required.
C. Right -of -Way. The ENGINEER shall be responsible for the review of surveying
and right-of-way pin location(s) and schematic review from surveyor. This will
include the surveying of existing ROW pins or markers within the project. The
identified ROW will be shown on the schematic.
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
A. All work to be performed under this contract shall be subject to review and
approval by the CITY. The ENGINEER will provide the overall project
supervision, management, administration and coordination.
Page 4 of 12
The Environmental work required is described below according to each task to be
performed.
1) Gather data for the existing and proposed roadway location. Data will
include USGS maps, aerial photography, National Wetland Inventory
(NWI) maps, floodplain maps, threatened and endangered species lists for
Williamson County, and a review of the National Register of Historic
Places website.
2) Perform a field reconnaissance to characterize the vegetation and habitat
and ground -truth data gathered in the previous task. A wetland
reconnaissance would be performed to identify any potential waters of the
U.S., including wetlands. No wetland determinations, delineations or data
forms would be completed and no permitting or coordination with the U.S.
Army Corps of Engineers is included. This task does not include any
presence/absence surveys for threatened or endangered species or detailed
assessment of any karst features identified. Historians and archeologists
will not perform any on-site surveys or inspections.
3) A report summarizing findings of the field reconnaissance and data review
will be prepared and submitted to the CITY for their review and comment.
No coordination with the U.S. Fish and Wildlife Service, the Texas Parks
and Wildlife Department or the Texas Historical Commission is included.
SURVEYING
A. ENGINEER will recover, verify and utilize established control (previous work on
project). The values will be relative to NAD 83 Texas State Plane Coordinates,
Central Zone 4203 (scaled to surface values) based on the CORR GPS Control
Network. Vertical Datum will be GPS Orthometric heights and projected through
the length of the project.
B. ENGINEER will collect spot elevations and grade breaks along the project route.
The data will include curbs, gutters, driveways, portions of parking areas, visible
utilities, drainage features, trees (ornamentals and/or 8" and up dbh) and any
improvements within the defined area. ENGINEER will generate a one -foot
contour interval DTM file of the project area. NOTE: reasonable attempts for
measurements at silted drainage structures will be performed. Significant
excavation of silt could result in seeking of additional fees for data acquisition.
C. ENGINEER will perform sufficient research of property records from various
sources to analyze and develop an exhibit of the record ROW and property
configurations for the affected tracts. ENGINEER will perform sufficient field
work to recover property corners and highway monuments to aid in the analysis
and reconstruction of the tracts where parcels will be acquired, estimated at three
parcels. Final deliverables will be numbered individual parcel plats with metes
and bounds descriptions. Additionally, a ROW plan set will be generated with
parcel numbers of the entire project route. ENGINEER will place durable
Page 5 of 12
monuments on the acquired property corners as depicted within the parcel metes
and bounds description.
D. ENGINEER will place a utility location request with the "One Call" system for
designating of the underground utilities within the project limits (except drainage
channels).
E. ENGINEER will prepare a letter requesting Right of Entry onto private properties
for surveying purposes for the affected properties. An Excel spreadsheet of the
names, addresses and response will be logged and updated as needed. This file
will become one of the project deliverables.
F. ENGINEER will provide construction phase services for the project on a time and
materials basis with an initial "not to exceed" budget within this proposal.
G. ENGINEER will utilize the data collected along the Project corridor in the Field
Survey to produce a digital terrain model (DTM), 2D MicroStation planimetric
file, and a 3D MicroStation DTM (tin) file including break -lines and contours.
Survey field notes and supporting electronic data will be made available upon
request or as stated above. ENGINEER will prepare a horizontal and vertical
control layout exhibit which will include the benchmark system callouts. Utility
contact sheets will be provided.
ROADWAY DESIGN
All design criteria, standards and specifications will use the CITY DACS
Manuals.
A. Horizontal and Vertical Alignments. The ENGINEER shall design the
horizontal and vertical alignment for the project to provide optimal design.
Alignments must be coordinated with the CITY. Plan and Profile views shall be
developed.
B. Typical Sections. Typical sections shall be required for all proposed and existing
roadways. Typical sections shall include width of travel lanes, directional traffic
arrows, shoulders, outer separations, border widths, curb offsets and ROW. The
typical section shall also include Profile Grade Line (PGL), centerline, pavement
design, longitudinal joints, side slopes, sod/seeding limits and sidewalks, and
station limits.
C. Project Layout. I"= 200' scale
D. Roadway Design. The ENGINEER shall provide the design of Cypress
Boulevard as described in the project limits. The design shall be consistent with
the approved and the current CITY DACS, The ENGINEER shall provide
roadway plan and profile drawings using CADD standards as required by the
Page 6 of 12
CITY. The drawings shall consist of a planimetric file of existing features and
files of the proposed improvements. The roadway base snap shall contain line
work that depicts existing surface features obtained from the topographic file
updated by the ENGINEER. Existing major subsurface and surface utilities shall
be shown. Existing and proposed right-of-way lines shall be shown.
E. Intersection Layouts. The ENGINEER shall provide an intersection layout
detailing the pavement design and drainage design at the intersection of each
cross street. The layout shall include the curb returns, geometries, transition
length, stationing, pavement and drainage details. The ENGINEER shall design
for the proposed pavement width and provide a transition to the existing
roadway(s).
F. Driveway Details. The ENGINEER will prepare Driveway Details for each
driveway along the project corridor. When possible these driveways will be
defined in a tabular format. Unique driveways will require individual details
defining their construction. The ENGINEER will also develop Driveway Profiles
as required for the project. These profiles will be developed to show driveway
tie -back slopes, as well as limits for contractor's information.
G. Cut and Fill Quantities. The ENGINEER shall develop an earthwork analysis to
determine cut and fill quantities and provide final design cross sections at 50 -foot
intervals. Annotation shall include at a minimum existing / proposed ROW, side
slopes (front and back), profiles, etc. Cross sections shall be delivered in standard
GEOPAK format on roll plots for review and I I" x 17" sheets for the plans (if
required) and electronic files. The ENGINEER shall provide all criteria and input
files used to generate the design cross sections. Cross sections and quantities
shall consider existing pavement removals (if any). The ENGINEER at the 30%
and 901/o submittals shall submit two sets of drawings.
H. Plan Preparation. The ENGINEER shall prepare roadway plans, profiles and
typical sections for the proposed improvements. This scope of services and the
corresponding cost proposal are based on the ENGINEER preparing plans to
construct main lanes and cross street tie-in at intersections. The plans shall
generally include the following sheets:
1) Title Sheet
2) Project Layout
3) Survey Data
4) Typical Sections
5) General Notes
6) Quantity Sheets
7) Traffic Control & Construction Sequence
8) Traffic Control Standards & Details
Page 7 of 12
9) Pavement Removal Plan
10) Roadway Plan & Profile
11) Intersection and Driveway Details (4" conduit at major intersections)
12) Roadway Standards & Details
13) Drainage Plans
14) Storm Sewer Layouts and Design
15) Drainage Standards & Details
16) Utility Plan & Profile
17) Utility Standards & Details
18) Illumination Plan Sheets
19) Illumination Electrical Sei vice Details
20) Illumination Standard Sheets
21) Pavement Markings and Signing Plans
22) Pavement Markings and Signing Standards & Details
23) Erosion Control
24) Erosion Control Standards & Details
25) Cross Sections (submitted separately)
26) Other
I. Pavement Design. The typical sections and previous Cypress Boulevard
pavement design will be furnished if available to the ENGINEER for the project.
The ENGINEER shall evaluate the pavement section design and perform a
supplemental design. ENGINEER shall procure the services of a geotechnical
ENGINEER for use in the pavement design evaluations.
J. Pavement Design Management. The ENGINEER shall perform site visits to the
project as necessary. Coordinate with the Geotechnical ENGINEER on the
pavement design. The CITY shall perform the final review and approval of
pavement design developed by the ENGINEER.
DRAINAGE DESIGN
A. Hydrologic Analysis & Hydraulic Design. Design of existing and proposed
storm sewer systems. Design will include layouts, drainage area maps and design
of all drainage components required. Storm sewer systems will be designed using
CITY design criteria. The storm drainage calculations will be performed using
Page 8 of 12
TxDOT's WinStorm program or GEOPAK Drainage. The hydraulic gradeline
will be evaluated throughout the entire system. Modeling downstream of the
required tie-in will be modeled as part of this project (flows, elevations, inlet
sizes, and pipe sizes will be obtained from as-builts provided by the City). Cross
drainage, if necessary, will be designed using HEC -RAS or BCAP. Coordination
with the CITY will be necessary and any adjustments outside of the project limits
will be provided as additional services. Included in these drainage services will
be:
1) Preparation of drainage area maps.
2) Preparation of Storm Sewer Layouts & Profiles.
3) Selection of CITY, County or TxDOT standard, as appropriate.
4) Preparation of plans or details of appurtenances for implementation of
Water Pollution Abatement Pian and/or water detention requirements.
5) Preparation of non-standard details for any drainage appurtenance.
6) Identification of limits of trench excavation protection, shoring or
dewatering.
7) Preparation of outlet protection, if necessary.
8) Identification of potential utility conflicts and alternative design to prevent
relocation wherever possible.
9) Preparation of Hydraulic Calculation Sheets.
10) Preparation of Quantity Summary Sheets.
B. Water Pollution Abatement Plans (WPAP) & Storm Water Pollution
Prevention Plans. TCEQ Coordination to establish Water Pollution Abatement
Plan (WPAP) documentation requirements for the Edwards Aquifer Recharge
Zone (EARZ). Plans will be completed and designed as required. SW3P Sheets
will be developed to minimize impacts on receiving waterways. Temporary and
any required permanent erosion control measures will be identified, including
location in the plan view, quantities, type and construction phase, as needed. No
structural features are anticipated for this project.
C. Temporary Drainage. Facilities will be designed as necessary to conform with
construction sequencing and phasing of this project or adjacent construction
projects.
SIGNING AND PAVEMENT MARKING
A. Signing & Pavement Marking Design. Produce signing and pavement marking
Iayouts, small sign summary and pavement marking summary. Coordinate with
the CITY and the County traffic engineering personnel.
Page 9 of 12
MISCELLANEOUS
A. Title Sheet and Index of Sheets. The ENGINEER will prepare a title sheet and
Index of Sheets in accordance with CITY DACS.
B. Sequence of Construction. The ENGINEER will prepare a sequence of
construction for the overall project. Atter review by the CITY, comments will be
incorporated for the final PS&E and the detailed traffic control plans will then be
prepared.
C. Traffic Control Plan. The ENGINEER will prepare detailed traffic control plans
based on the approved overall sequence of construction. CITY/TxDOT
construction standards will be incorporated into the traffic control plans.
D. Construction Schedule. The ENGINEER shall prepare a construction schedule,
which will identify the major items of work for the construction project.
Construction time determination shall be developed for 900/0 and final submittals.
E. Continuous Lighting. The ENGINEER shall prepare plans (1"=100') for
continuous lighting along the entire project limits and safety lighting at all cross
street intersections. The ENGINEER shall prepare exhibits as required for the
owner to obtain agreements with adjacent municipalities.
F. Compute and Tabulate Quantities. The ENGINEER shall compute quantities
that are required for pay items, and those quantities identified by the CITY as
necessary for inclusion for contractor's information only. Quantities shall be
shown in the plan sheets and the project manual bid form.
G. Specifications and General Notes. The CITY shall furnish an electronic listing
of the current general notes, standard specifications, and special specifications
that will be utilized for the project. The ENGINEER will prepare any special
specifications and will work with the CITY to identify the applicable general
notes.
H. Roadway Closures. One month prior to the final milestone submittal, the
ENGINEER shall prepare an exhibit of any roadway closures, including a
narrative, for submission to the CITY for approval of the closure.
I. Agreements & Permits. With direction and coordination provided by the CITY,
the ENGINEER shall assist the CITY in obtaining necessary agreements and or
permits pertaining to the utilities, construction and traffic signals as necessary.
J. Submittals. The ENGINEER shall submit the PS&E for review to the CITY at
the 30%, 90% and final level of completion. Three sets of plans shall be
submitted for review. Upon approval by the CITY, the ENGINEER shall submit
one set of final mylars signed and sealed by a registered professional
ENGINEER.
BIDDING PHASE SERVICES
A. Prepare all construction documents, including project manual, for bidding.
B. Respond to bidder's questions during the bid period.
C. Prepare, distribute project addenda and attend bid period and bid opening.
D. Analyze contractor bids, prepare bid tabulation, check references, and make
recommendation for award of the apparent low bidder.
Page 10 of 12
E. Furnish construction documents to awarded contractor.
F. Attend the pre -construction conference.
G. Make periodic site visits and attend construction meetings during construction and
report findings and observations.
PROJECT MANAGEMENT
The ENGINEER will coordinate with the CITY to complete the project. The
ENGINEER shall conduct regular coordination meetings with the CITY. The
ENGINEER shall prepare monthly invoices, progress reports, and updated
schedules. The ENGINEER shall implement a QA/QC program throughout the
project and will provide documentation of QC reviews upon request.
DELIVERABLES
ROUTE AND DESIGN STUDIES
1) Schematic on roll plot at I"=100'
2) Preliminary Probable Cost of Construction (one estimate this task)
3) Proposed bore location(s) plot for approval
4) Design Criteria report for Design Concept meeting
RIGHT-OF-WAY and SURVEYING
1) Final Topographic Survey in Microstation
2) 1' Contour DTM file
3) Exhibit of record ROW and property configurations of affected properties
4) Metes and bounds for up to three parcels
5) Right of Entry letters
ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
1) Environmental Summary Report
BIDDING PHASE SERVICES
1) Contract documents, including hard copies and electronic files, shall be
turned over to the CITY at the completion of the project. Contract
documents shall be posted to the CITY's Internet project management
database (if utilized) as requested.
2) Final (Final Bid Package) design submittal (11" x 17" sheets) shall be
included.
3) Design schedule shall be updated and furnished with each review
submittal.
Page 11 of 12
CONSTRUCTION PLANS (complete)
1) 30% and 90% review copies (three each) on 11" x 17" sheets
2) Final construction copies (five each) on 11" x 17" sheets
3) CITY DACS will be utilized for construction plans
4) ENGINEER's Estimated Probable Cost of Construction shall be furnished
at the 30%, 90% and Final submittals. Construction time determination
shall be developed for 90% and final submittal.
CONSTRUCTION PHASE SERVICES
A. Pre -Construction Meeting. The ENGINEER will attend a pre -construction
meeting to answer any questions the contractor may have at that time.
B. Review Construction Submittals. The ENGINEER will review shop drawings.
C. Site Visits. The ENGINEER will perform periodic construction field visits and
observations. We anticipate the need for one or two monthly site visits during the
construction time, for an estimated total of five visits.
D. Requests for Information. The ENGINEER will respond to RFI's during
construction. RFI's shall be submitted to The ENGINEER in written format.
E. Final Walk-Through/Punch List. The ENGINEER will accompany the CITY
on a final walk-through after substantial completion of the project is finished and
develop a punch list of items to be completed.
F. Record Drawings. ENGINEER shall provide the final plans marked up for any
plan changes and include any sheets that were replaced.
G. RPR. Not included.
Page 12 of 12
EXHIBIT C
Work Schedule
Qtr 1 2013 Qtr 2 2013 Qtr 3 2013
Survey
Schematic Preparation
Geotechnical
Right of Way Identification
Access Management
Utility Coordination
Public & Business Coordination
Submission.
Ab
TCEQ- Edwards Aquifer
TCEQ- SWPPP
Environmental Summary Report
._.�,..
Ii n°
Roadway & Drainage
Utility
Signing & Pavement Markings
Misc - TCP/Specs/Estimates
Submission.
TO BE DETERMINED WHEN FUNDING IDENTIFIED
Co>►:Oi ` � r� °
EXHIBIT D
FEE SCHEDULE
Page 1 of 1
ommimul
DESCRIPTION
KLOT7.
ASSOCIATES
LOCHNER
INLAND
TOTAL COSTS
TERRACON BY FC
ROUTE AND DESIGN STUDIES
$17,780
$10,923.00 $28,703.00
ENVIRONMENTAL. STUDIES
$4,485
$4,485.00
RIGHT OF WAY DATA
$16,555
$16,555.07
SURVEY AND PHOTOGRAMMETRY
$21,657
$21,657.00
ROADWAY DESIGN CONTROLS
$28,445
$28,445.00
DRAINAGE
$20,014
$20,013.56
SIGNING, PVMT. MARK., & SIGNALS
$6,424
$6,423.81
MISCELLANEOUS (ROADWAY)
$19,205
$14,054
$33,259.37
PROJECT MANAGEMENT
$19,985
$7,845
$27,829.63
BIDDING PHASE SERVICES
$9,655
$9,655.00
CONSTRUCTION PHASE SERVICES
$13,540
$13,540.00
DIRECT EXPENSES
$1,500
$90
$1,590.00
LABOR EXPENSES SUBTOTAL
$114,595.00
$64,891.45
$21,747.00
$10,923.00 $212,156.45
Page 1 of 1
Ni
s
o�
LL
it]
IN
e
o
LL
i
�i�������ii���l���iii�i������iiiiii��
�1������9�999���999999�99999999999999�1
�»1�1�1131111a�llllll�lllllll����ll�ll
��IIII�11�11111111111191111111 II�:II
��iiiiiii�iiiiiiiiiiri0iriiiii
��naam�nnannm�nnmm�n�ii
�3 �n�m mm��mmmmi�ii
�� ��I�III;IIIIIIQIIIIIIIIIIIII��''
�I������8�9�9���999999�99999998999991��I
��IIIIIII�IIIIIIIIIIII�IIIIIIIIII�II��III
��IIIIIII�IIIIIIIIIIII
IIIIIIIIIIIII��III
�i�������ii���l���iii�i������iiiiii��
�1������9�999���999999�99999999999999�1
�»1�1�1131111a�llllll�lllllll����ll�ll
��IIII�11�11111111111191111111 II�:II
��iiiiiii�iiiiiiiiiiri0iriiiii
��naam�nnannm�nnmm�n�ii
�3 �n�m mm��mmmmi�ii
�� ��I�III;IIIIIIQIIIIIIIIIIIII��''
Irerracon
Exhibit D
Fee Schedule
SERVICE
UNIT COST
ESTIMATED
UNITS
ESTIMATED
TOTAL
Field Program
Atterberg Limits, each
$
50.00
8
$
Drill Rig Mobilization, local (within 50 -mile radius), each
$
350.00
1
$
350.00
Drill Crew. hourly rate, per hour
$
225.00
6
$
1,350.00
Vehicle Charge, per day
$
40.00
2
$
80.00
Field Coordinator, per hour (staking, coordination, etc.)
$
55.00
10
$
550.00
80.00
Moisture/Density Relation, TEX 114E, each
Subtotal -Field Program
$
2,330.00
$
150.00
California Bearing Ratio, each
$
200.00
2
Laboratory Testing
Atterberg Limits, each
$
50.00
8
$
400.00
Moisture Content, each
$
8.00
16
$
128.00
Unconfined Compression Test (soil), each
$
30.00
6
$
180.00
Density Determination (tube sample), each
$
15.00
2
$
30.00
Percent Passing the No. 200 Sieve, each
$
40.00
2
$
80.00
Moisture/Density Relation, TEX 114E, each
$
150.00
1
$
150.00
California Bearing Ratio, each
$
200.00
2
$
400.00
Sulfate, each
$
75.00
4
$
300.00
Soil -Lime Relationship, pH series (0, 6, 8, 10%)
$
100.00
1
$
100.00
Soil -Lime Relationship, PI series (0, 6, 8, 10%)
$
200.00
1
$
200.00
Subtotal -Lab Testing
$
1,968.00
Engineering & Report Preparation
Principal, Geotechnical Engineer, P.E., per hour
$
145.00
4
$
580.00
Project Geotechnical Engineer, per hour
$
110.00
12
$
1,320.00
Draftsman, per hour
$
70.00
1
$
70.00
Clerical/Administrative Staff, per hour
$
45.00
1
$
45.00
Subtotal - Engineering
$
2,015.00
Total Estimated Cost without Base Testing
$
6,313.00
Optional Base Testing
Field Coordinator, per hour
$
55.00
18
$
990.00
Vehicle Charge, per da
$
40.00
3
$
120.00
Traff"ice Control, per d
$1,000.00
2
$
2,000.00
ILAsphalt Sawing, per location
$
150.00
4
$
600.00
Field Technician, per hour
$
50.00
10
$
500.00
Test Pit Patch, two cubic yard load
$
400.00
1
$
400.00
Subtotal, Optkmal Base Testing
$
4,610.00
Total Estimated Cost with Base Testing
$
10,823.00
Page 1 of 1
EXHIBIT E
Certificates of Insun
Attached Behind This
D
Client#: 172400
KLOTZABC
AE;UKL . CERTIFICATE OF LIABILITY INSURANCE OATE(MWDWYYYY)
2/1912013
THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TH9 COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder le an ADDITIONAL INSURED, the policy(les) must no endorsed. If SUBROGATION 18 WAIVED, subject to
the terms and conditions of the polloy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsoment(s).
PRODUCER
USI Southwest C
Three Memorial City L .713 490.4600 No, 713.490.4700
840 Gessner, Suite 600
Houston, TX 77024 wsuRB s AFFoaDINo covERAOE !AIC N
INSURED
INSURER A: Markel Insurance Comp. 38970
Klotz Associates Inc. INSURER s: _
1160 Dairy Ashford Ste 500 INSURER C:
Houston, TX 77079 ENSURER b I
&SURER H:
COVERAGES
INSURER F
raorretrteT� arrruoren.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
RBv0HJN NUMBER:
NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MI
M TYPE OF INSURANCE DD U POLICYNUMBER
LIMITS
EACH OCCURRENCE S
MOENERALLUEIUTY
�EHTEO
0GEHERAL�LAIMUTY
AMISIS MADE D OCCUR
S
MEO EXP Ift one nog $
PERSOIIAL & ADV INJURY S-
GENERALAOGREGATE S
OENI.AGGREGATELUTAPPLIES PEP.
P O
11
PRODUCTS-COMP/OPAGO S
POLICY LOC
S
AUTOMOBILE LIABILITY
BINEp SINGLE LIMIT
ANYAUTOLLOWNE
AIL OWNED SCHEDULED
BODILY INJURY(Parporma) 5
BODILY 1NIURY(Paraoddentl $
AUTOS AUTOS
MON-OWNED
PROPER DALViOE S
NIREDAUf03g
—'
UMBRELLA UAB
OCCUR
LIAR
CLAeASWAO-
EACH OCCURRENCEEXCESS
71E.l.
A00REQATEWORKERS
COMPENSATION1YOSTATU•AAA��NyyDppERRMppPppLNROYERS' LIABILITYLIMITAOFFICEWM"M&EERD
;ws
ECMED
NIA
E.L. EACH ACCIDENT(MandatoryInNH}S
Dtsme EA EMPL
ea dawlb.un
WAP
E.L. DISEASE - POLICY LIMIT 13
$2,000,000 per claim
A
OPERATIONS be'oW
Professional
AES22413
12/01/2012
12/01/201
Liability
$4,000,000 annl aggr.
DESCRIPTION OFOPERAT10Ne /LOCATIONS /vANICI.Es (ANaoh ACOR0101. AtIchUmN Renaults Schadufa. Mean APSES I$ aqutred)
RE: Cypress Boulevard Reconstruction / Reconstruction of Cypress Boulevard to realign with the Intersection
from Sunrise Road and Eagles Nest Street to Cypress Cove.
This Certificate Is Issued in respects to above referenced.
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
2008 Enterprise Drive ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock, TX 78604
AVflfORuaO R11PRSBIRTATNE
— ....o-w.v rvvraw vvrar�rwrnm. nn ngnTe rosorvetT.
ACORD 26 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
089352034/M9041981 VKEZP