R-04-07-08-9E3 - 7/8/2004RESOLUTION NO. R -04-07-08-9E3
WHEREAS, the City of Round Rock desires to retain engineering
services for a feasibility study for possible alternatives to alleviate
traffic congestion at the intersections of IH -35 and 620 and IH -35 and
Highway 79, and
WHEREAS,PBS&J has submitted an Agreement for Engineering Services
to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with PBS&J, 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 an Agreement for Engineering Services with PBS&J for
a feasibility study for possible alternatives to alleviate traffic
congestion at the intersections of IH -35 and 620 and IH -35 and Highway
79, a copy of said agreement 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 8th day of July, 2004
ATTEST(
NYLE
Cit
CHRISTINE R. MARTINEZ, City Secr ary
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTT/R40708E3.WPD/sc
LL, Mayor
Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE E 4SSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM PBS& J ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200, Austin TX 78730
PROJECT: PALM VALLEY BLVD. EXTENSION
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the _ day of , 2004 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
File Name: palmvalley-pbs&j; 68330
EXHIBIT
viAtu
1
Rev. 02/23/04
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Eighty -Seven Thousand Four Hundred Dollars ($ 87,400.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein, P.E.
Project Manager
212 Commerce
Round Rock, Texas 78664
Telephone Number (512) 218-3237
Fax Number (512) 218-3242
Email Address bstablein(around-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
C. L. Roy Mynier, P.E.
PTOE
6504 Bridge Point Parkway, Suite 200
Austin, IX "/8/30
Telephone Number (512) 327-6840
Fax Number (512) 327-2453
Email Address clmynierApbsj.com
a
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by City Council Resolution. Engineer shall not proceed until the appropriate
Resolution has been adopted. 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 Council authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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 from a company authorized to do insurance business in Texas and otherwise
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acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
C. L. Roy Mynier, P.E.
PTOE
PBS&J
6504 Bridge Point Parkway, Suite 200
Austin, TX 78730
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed. in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
.(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same on its behalf by
Resolution No. , approved by the City Council on the day of the month
of , 2004, and Engineer, signing by and through its duly authorized representative(s),
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
PBS& J
By:
Signure of Princ
Printed Name:
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LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
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EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY
The City of Round Rock Public Works Department will furnish to the Engineer the following
items/information:
FC11O ROUTE & DESIGN STUDIES
1. Perform Traffic Evaluations and Projections (existing counts and design year projections
necessary to prepare traffic control plans).
a. Direction of flow and number of lanes on all roadways.
b. Proposed typical sections for all roadways (including cross streets).
2. Develop Roadway Design Criteria based on ITE standards.
3. Preliminary right-of-way (ROW) requirements.
4. Conduct design concept conference (DCC).
5. As -built plans of facilities adjacent to this project.
6. Utility information (plans, maps, etc.) archived within the City of Round Rock.
7. Subdivision plats and site plans along the Palm Valley Boulevard Extension corridor.
FC15O FIELD SURVEYING AND PHOTOGRAMMETRY
1. Provide digital orthophotography electronic data for project site.
Palm Valley Boulevard Extension
Page 1 of 1 6/15/2004 10:29 AM
EXHIBIT B
Engineering Services
17
EXHIBIT B
SERVICES TO BE PROVIDED BY THE
ENGINEER
GENERAL
The work to be performed by PBS&J (the Engineer) under this contract shall consist of
providing engineering services required for the schematic design of the extension of Palm Valley
Boulevard beginning from the present terminus at IH 35 in the City of Round Rock and
proceeding westward approximately 2.2 miles. It will provide for an overpass of IH -35 and the
Georgetown Railroad, a proposed intersection with Arterial "C" and an intersection with existing
RM 620. The facility will consist of continuing the 4 -lane divided arterial street.
The Engineer will attend an initial meeting with the City to coordinate a detailed work schedule
and plan all project activities. The work effort and the management for this project will be
conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to
the City of Round Rock staff and will meet with the City's project manager as necessary. The
Engineer will conduct progress meetings with the City on a scheduled basis and at critical
milestones for the project. Reports for progress meetings will be submitted which will detail on-
going work as well as work accomplished since the previous report. The Engineer will prepare a
memorandum documenting progress meetings.
The Engineer will coordinate all activities with the City of Round Rock and with other state and
federal agencies including meetings with the City to ensure proper project progress. The
Engineer will administer all phases of the project not reserved by the city including preparation
of invoices, coordination of all work assigned to and accomplished by team firms, etc. The
Engineer will furnish a brief progress report each month with submission of the project invoice.
All work is subject to the review and approval of the City of Round Rock.
The Palm Valley Boulevard Project will involve preliminary engineering work required to
develop the project including review of environmental constraints, preliminary drainage and
water quality analysis, alternatives analysis and ultimately a design schematic based on the
technically preferred alternative.
The Engineer will utilize the Institute of Transportation Engineers (ITE) "Guidelines for Urban
Major Street Design" to facilitate development of roadway geometry and appurtenances. The
City's drainage and utility standard drawings and specifications will be utilized. If a special
provision or special specification must be developed under this contract, it shall be in the City's
format, and, to the extent possible, incorporate references to the City's approved test procedures.
Texas Depaitment of Transportation (TxDOT) specifications and standard drawings shall be
used for all remaining design and construction related items.
Palm Valley Boulevard Extension
Page 1 of 6 6/15/2004 10:31 AM
The Engineer shall provide the following engineering services required for the design and
construction of the above referenced project:
FC11O ROUTE AND DESIGN STUDIES
1. Identify Project Issues.
a. Review previously developed issues.
(1) Identify significant issues.
(2) Prepare issues memorandum.
(3) Develop Initial Project Data.
b. Collect and review available data.
(1) Horizontal and vertical control using the establish City NAD 83 HARN
(English) datum.
(2) Digital Orthophotography data.
2. Perform preliminary studies.
a. Perform preliminary hydraulic and hydrologic studies:
(1)
Prepare both offsite and preliminary onsite drainage area maps for project
limits.
(2) Prepare conceptual storm sewer and water quality facility layouts.
(3) Develop WPAP.
b. Perform structural studies:
(1) Study Two (2) bridge vs. excavation/retaining wall alternatives.
3. Identify and evaluate feasible alternatives.
a. Develop constraints map.
b. Identify design Two (2) alternatives using results of hydraulic, hydrologic and
structural studies.
c. Develop alternative designs using City of Round Rock digital orthophotography and
GEOPAK:
(1) Establish design criteria.
(2) Develop typical sections.
(3) Establish preliminary horizontal alignments.
(4) Establish preliminary vertical alignments.
(5) Prepare preliminary earthwork design.
(6) Establish preliminary ROW requirements.
(7) Prepare preliminary cost estimate for each alternative.
Palm Valley Boulevard Extension
Page 2 of 6 6/15/2004 10:31 AM
4. Prepare design schematic.
a. Define existing ROW and other property lines required to accurately establish
roadway alignments.
b. Prepare design schematic of Preferred Alternative utilizing City aerial flight data and
GEOPAK. The design schematic will include the following:
(1) Typical sections.
(2) Horizontal and Vertical alignments.
(3) Bridge structure configuration and layout.
(4) Earthwork design (develop design cross sections to identify required ROW,
bridge and retaining wall limits).
(5) Determine preliminary slope/utility or drainage easement ROW requirements.
(6) Display identified utility locations.
(7) Develop preliminary plan/profile sheets while addressing pedestrian needs
including hike and bike trails, sidewalks and wheelchair ramps (to be used for
coordination with utility companies and other parties requiring preliminary
horizontal and vertical information).
c. Prepare an Engineering Summary Report for the Technically Preferred Alternative
including the following items:
(1) Project description and history.
(2) Alternative studies evaluation/selection.
(3) Construction project limits.
(4) Conceptual Sequence of Construction and Traffic Control Plan.
(5) Preliminary Construction cost estimates.
FC12O ENVIRONMENTAL STUDIES
1. Ecological Investigations - Literature Review.
This phase will involve a review of existing literature on the project area. The literature
review will include an evaluation of files at the Texas Parks and Wildlife Department
(TPWD) Biological and Conservation Data System (TXBCD), county list of species
protected by the U.S. Fish and Wildlife Service (FWS) that may potentially occur within
the project vicinity, Soil Survey of Williamson County, and distribution maps of endemic
caverinole fauna (Veni and Associates, Inc.).
The results of the literature search of the entire project area will be presented in a
preliminary technical memorandum and will be completed within approximately 6 weeks
of receiving the notice to proceed. This preliminary memorandum will include a
discussion of possible permitting options, if applicable. This preliminary memorandum
will also include a description and figure(s) illustrating the limits of any lands that are
Palm Valley Boulevard Extension
Page 3 of 6 6/15/2004 10:31 AM
jurisdictional under Section 404 of the Clean Water Act, any karst features and any
habitat that is suitable for utilization by federally protected species. This information will
be based on the research methods described above.
2. Cultural Resources Investigations
a. Studies will include historical and archival records review to develop a baseline level
of knowledge regarding known and possible cultural resources within the project
vicinity. This preliminary level of cultural resource information will be reported in
the form of a Technical Memo.
b. Data to be gathered and reported will include:
(6) officially recorded archaeological and historical sites listed with the Texas
Historical Commission and Texas Archaeological Research Lab, including
listed National Register and State Archaeological Landmark sites.
historical background information assembled from published and on-line
information sources, as well as local historical societies and museums.
historical map and aerial photo coverage prior to ca. 1955.
deed, tax, and census research to identify historic period property
improvements and land use patterns.
d. The Technical Memo will also provide assessments and recommendations regarding
regulatory permitting and compliance requirements for the project, including the need
for permitted field investigations to be performed during the final design phase of the
project. The Technical Memo may serve to facilitate regulatory agency coordination
and public involvement for this project, but is not intended to satisfy formal federal
and state regulatory compliance requirements. Mapping of cultural resource site
location data will be prepared to assist the project engineering and design team, but
such information is restricted from public access and distribution.
(7)
(8)
(9)
FC15O FIELD SURVEYING
1. Coordination with Roadway Designer, project manager and surveyor provides for, but is
not limited to, data exchange, meetings and general project coordination.
2. Deed, Plat, Utility and Right -of -Way Research will provide for record information
needed. Includes, but not limited to, adjoining properties deeds, recorded plats, right-of-
way documents, evidence of new surveys, municipal and cooperating area utility provider
plans. This does not include title abstracting for fee ownership or legal opinions of record
documents including easements.
3. Boundary and Platted Right -of -Way Surveys sufficient to provide proposed roadway
alignments. This provides for the boundary surveys of existing parcels, lots, plats and
existing right-of-ways in order to create schematic alignments of the proposed roadway.
Palm Valley Boulevard Extension Page 4 of 6 6/15/2004 10:31 AM
4. Obtain Right -of Entry (ROE) to effected property owners for surveying. Coordination
with the City in determining what properties will be contacted, to what extent, and when.
PBS&J will obtain approval prior to delivering written request for right -of -entry. This
includes certified mailings to property owners as needed to accomplish the task set forth.
PBS&J will notify the City of any property owners not cooperative with the right -of -
entry for possible legal remedy.
5. Horizontal and vertical control by conventional and global positioning methods. Datum
may be specified by the client, or engineer based on the City of Round Rock control
network, or as state plane coordinates, vertical as needed.
6. Topographic and planimetric mapping of existing roadways on each end of the proposed
alignment within approved ROE areas only. This includes mapping of existing curbs,
pavements, visible and exposed utilities, structures, drainage facilities and other
improvements that may affect design criteria.
DELIVERABLES
30% Submittal.
1. Environmental constraints map.
2. Rendered illustrations of environmental technical memorandums and engineering summary
reports.
3. Design schematic (showing utilities identified to date).
4. Preliminary plan/profile sheets of all proposed roadways.
5. Preliminary construction cost estimate.
REFERENCES
1. Standard Specifications for Construction of Highways, Streets, and Bridges - TxDOT.
2. Special Provisions and Special Specifications - TxDOT.
3. PS&E Preparation Manual - TxDOT.
4. Division of Bridges and Structures Operation and Planning Manual - TxDOT.
5. Division of Bridges and Structures Hydraulic Manual - TxDOT.
6. Division of Bridges and Structures Design Examples - TxDOT.
7. Division of Bridges and Structures Bridge Design Guide - TxDOT.
8. Division of Bridges and Structures Detail Manual - TxDOT.
9. Division of Bridges and Structures Foundation Exploration and Design Manual TxDOT.
10. Standard Specifications for Highway Bridges - AASHTO.
11. Division of Highway Design Operations and Procedures Manual - TxDOT.
12. Division of Highway Design Operations and Procedures Manual Part IIB - Environmental
and Public Involvement Procedures during Project - Specific Planning and Development -
TxDOT.
13. A Policy on Geometric Design of Highways and Streets ("The Green Book") AASHTO.
14. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB).
15. Technical Advisory T6640.8A - FHWA.
16. Noise Guidelines - TxDOT.
Palm Valley Boulevard Extension
Page 5 of 6 6/15/2004 10:31 AM
17. Air Quality Guidelines - TxDOT.
18. Flexible Pavement Design Manual - TxDOT.
19. Guide for the Design of Pavement Structures, 1996 - AASHTO.
20. Texas Manual on Uniform Traffic Control Devices - TxDOT.
21. Standard Highway Sign Designs for Texas - TxDOT.
22. Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic
Signals - AASHTO.
23. Utility Accommodation Policy - TxDOT.
24. Utility Manual -TxDOT.
25. Division of Right of Way, ROW Manual - Book I - TxDOT.
26. Division of Right of Way, ROW Manual - Book II - TxDOT.
27. Code of Federal Regulations, Title 23 - "Highway" - Federal Register.
28. Administrative Order No. 5-89 - Signing, Sealing and Dating of Engineering Documents -
TxDOT.
29. Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating Procedures for
Department Engineering Documents - TxDOT.
30. Administrative Circular No. 25-84 - Soils Information for High Mast Lighting, Overhead
Sign Bridges, and Retaining Walls - TxDOT.
31. Administrative Circular No. 33-87 - Preliminary Retaining Wall Layouts to be submitted to
Division of Bridges and Structures - TxDOT.
32. Administrative Circular No. 25-92 - Division of Bridges and Structures to be responsible for
all geotechnical engineering support for foundations, retaining walls, and embankment
stability and settlement - TxDOT.
33. Institute of Transportation Engineers (ITE) "Guidelines for Urban Major Street Design — A
Recommended Practice".
Palm Valley Boulevard Extension Page 6 of 6 6/15/2004 10:31 AM
EXHIBIT C
Work Schedule
18
EXHIBIT D
Fee Schedule
19
EXHIBIT D
PBS&J Classification Summary
Palm Valley Boulevard Extension
Classification
TOTAL
Hours
Hourly Rate
Labor Cost
Principal
0
$150.00
$0.00
Project Manager
56
$150.00
$8,400.00
Sr Trans/Struct Engineer
62
$140.00
$8,680.00
Sr Engineer
24
$130.00
$3,120.00
Design Engineer
60
$95.00
$5,700.00
EIT
80
$80.00
$6,400.00
Sr Scientist/Sr EnvPlnr
16
$100.00
$1,600.00
Scientist/Env Plnr
48
$70.00
$3,360.00
RPLS
124
$95.00
$11,780.00
GPS Tech
40
$75.00
$3,000.00
3 Man Crew
84
$125.00
$10,500.00
CADD Designer
256
$85.00
$21,760.00
Clerical
13
$60.00
$780.00
Architect
0
$90.00
$0.00
Sr Inspector
0
$75.00
$0.00
Total Labor
863
$85,080.00
PBS&J Expenses
PBS&J Total Fee
SUBCONSULTANTS
Project Total Fee
$2,320.00
$87,400.00
$0.00
$87,400.00
PBS&J Hourly Rates include a 161.63% Audited Overhead Rate and a 12% Profit
Margin for a Total Multiplier of 2.9302
Exhibit D.Fee Breakout.xls Page 1 of 1 6/15/2004
EXHIBIT D
PBS&J Function Code Summary
Palm Valley Boulevard Extension
Function Code
110
120
150
190
Total Labo
PBS&J Expenses
PBS&J Total Fee
SUBCONSULTANTS
Project Total Fee
$2,320.00
$87,400.00
$0.00
$87,400.00
Estimated Construction Cost
Fee % of Construction Cost
$5,000,000
1.7%
Exhibit D.Fee Breakout.xls
Page 1 of 1 6/N/2004
TOTAL
Hours
Labor Cost
354
$34,780.00
80
$7,360.00
389
$36,940.00
40
$6,000.00
863
$85,080.00
$2,320.00
$87,400.00
$0.00
$87,400.00
Estimated Construction Cost
Fee % of Construction Cost
$5,000,000
1.7%
Exhibit D.Fee Breakout.xls
Page 1 of 1 6/N/2004
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Plans reproduction, paper
Plans reproduction (Final) 22"x34" Mylar
Bidding Documents Reproduction (25 Sets)
Helicopter rental (Environmental Investigation)
Mechanical Excavator rental (Environmental Investigation)
Environmental Field Supplies
Artifact Curation Fees (3/8 of File Box for artifacts and records located at TARL)
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EXHIBIT E
Certificates of Insurance
20
CERTIFICATE OF LIABILITY INSURANCE Date: 06/14/2004
PRODUCER COMPANIES AFFORDING COVERAGE
Collinsworth, Alter, Fowler, Dowling & French Group Inc
P.O Box 9315 A. Continental Casualty Company A XV
Miami Lakes, FL 33014-9315
B. American Casualty Co Reading A XV
INSURED C. Lloyds of London A- XV
Post, Buckley, Schuh & Jernigan, Inc.
2001 NW 107 Avenue D
Miami, FL 33172-2507
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of
the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are
noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A GENERAL LIABILITY GL247843206 9/30/2003 9/30/2004 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $1,000,000
MED. EXPENSE (Any one person)$25,000
A AUTOMOBILE LIABILITY BUA247843223 9/30/2003 9/30/2004 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
A EXCESS LIABILITY
CUP2068179760 9/30/2003 9/30/2004 EACH OCCURRENCE $10,000,000
AGGREGATE $10,000,000
B WORKERS' COMPENSATION WC247843268 9/30/2003 9/30/2004 STATUTORY LIMITS X
AND EMPLOYERS' LIABILITY EACH ACCIDENT $1,000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE $1,000,000
PROFESSIONAL LIABILITY P2303 9/30/2003 9/30/2004 Each Claim and Annual Aggregate $1,000,000 Limits
Retrodate 11/11/1961
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers'
Liability' and `Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664 W. Meade Co!Enswortlii
Cert of Insur CORR/specs master
Typed Name: W. Meade Collinsworth
Title: President
EXHIBIT "`"" Revised 10/2002
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DEEP *000 DR DEEP wool) D
DATE: July 2, 2004
SUBJECT: City Council Meeting - July 8, 2004
ITEM: 9.E.3. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with PBS&J for a feasibility study for possible
alternatives to alleviate traffic congestion at the intersections of IH -35
and RM 620 and IH -35 and Highway 79 (Palm Valley Boulevard).
Department: Transportation Services
Staff Person: Tom Martin, Director of Transportation Services
Justification:
This feasibility program would enhance mobility for traffic between Mays Street and RM 620. The
schematic design will investigate the feasibility of such projects as well as the possible use of
Regional Mobility Authority monies for the construction of the improvements.
Funding:
Cost: $87,400
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: PBS&J
Background Information:
With the creation of Regional Mobility Authorities, a funding source may be available to the City
for the construction of this project. However, to access such funding, it is necessary for the City
to produce a schematic design which will provide information on functional viability and financial
feasibility.
Public Comment: N/A
Executed
Document
Follows
ROUND ROCK, TEXAS
PURPOSE. PASSION PRO<_PERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM PBS& J ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200, Austin TX 78730
PROJECT: PALM VALLEY BLVD. EXTENSION
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the g day of JUL\/ , 2004 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
File Name: palmvalley-pbs&j; 68330
1
Rev. 02/23/04
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed 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 Eighty -Seven Thousand Four Hundred Dollars ($ 87,400.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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 funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein, P.E.
Project Manager
212 Commerce
Round Rock, Texas 78664
Telephone Number (512) 218-3237
Fax Number (512) 218-3242
Email Address bstableinround-rock.tx.us
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:
C. L. Roy Mynier, P.E.
PTOE
6504 Bridge Point Parkway, Suite 200
Austin, IX 78'/30
Telephone Number (512) 327-6840
Fax Number (512) 327-2453
Email Address clmynierApbsj.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by City Council Resolution. Engineer shall not proceed until the appropriate
Resolution has been adopted. 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 Council authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
9
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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 from a company authorized to do insurance business in Texas and otherwise
10
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.
11
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
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
C. L. Roy Mynier, P.E.
PTOE
PBS&J
6504 Bridge Point Parkway, Suite 200
Austin, TX 78730
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same' on its behalf by
Resolution No. R-04-07-08-9 63 , approved by the City Council on the day of the month
of JUul , 2004, and Engineer, signing by and through its duly authorized representative(s),
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provision . - of.
CITY OF RO
By:
Nyle
ATTEST:
By:
RSC
, Mayor
Christine Martinez, City Secretary
PBS& J
By:
Signature of Principal
Printed Name: j/(
14
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
16
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY
The City of Round Rock Public Works Department will furnish to the Engineer the following
items/information:
FC11O ROUTE & DESIGN STUDIES
1. Perform Traffic Evaluations and Projections (existing counts and design year projections
necessary to prepare traffic control plans).
a. Direction of flow and number of lanes on all roadways.
b. Proposed typical sections for all roadways (including cross streets).
2. Develop Roadway Design Criteria based on ITE standards.
3. Preliminary right-of-way (ROW) requirements.
4. Conduct design concept conference (DCC).
5. As -built plans of facilities adjacent to this project.
6. Utility information (plans, maps, etc.) archived within the City of Round Rock.
7. Subdivision plats and site plans along the Palm Valley Boulevard Extension corridor.
FC15O FIELD SURVEYING AND PHOTOGRAMMETRY
1. Provide digital orthophotography electronic data for project site.
Palm Valley Boulevard Extension
Page 1 of 1 6/15/2004 10:29 AM
EXHIBIT B
Engineering Services
17
EXHIBIT B
SERVICES TO BE PROVIDED BY THE
ENGINEER
GENERAL
The work to be performed by PBS&J (the Engineer) under this contract shall consist of
providing engineering services required for the schematic design of the extension of Palm Valley
Boulevard beginning from the present terminus at IH 35 in the City of Round Rock and
proceeding westward approximately 2.2 miles. It will provide for an overpass of IH -35 and the
Georgetown Railroad, a proposed intersection with Arterial "C" and an intersection with existing
RM 620. The facility will consist of continuing the 4 -lane divided arterial street.
The Engineer will attend an initial meeting with the City to coordinate a detailed work schedule
and plan all project activities. The work effort and the management for this project will be
conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to
the City of Round Rock staff and will meet with the City's project manager as necessary. The
Engineer will conduct progress meetings with the City on a scheduled basis and at critical
milestones for the project. Reports for progress meetings will be submitted which will detail on-
going work as well as work accomplished since the previous report. The Engineer will prepare a
memorandum documenting progress meetings.
The Engineer will coordinate all activities with the City of Round Rock and with other state and
federal agencies including meetings with the City to ensure proper project progress. The
Engineer will administer all phases of the project not reserved by the city including preparation
of invoices, coordination of all work assigned to and accomplished by team firms, etc. The
Engineer will furnish a brief progress report each month with submission of the project invoice.
All work is subject to the review and approval of the City of Round Rock.
The Palm Valley Boulevard Project will involve preliminary engineering work required to
develop the project including review of environmental constraints, preliminary drainage and
water quality analysis, alternatives analysis and ultimately a design schematic based on the
technically preferred alternative.
The Engineer will utilize the Institute of Transportation Engineers (ITE) "Guidelines for Urban
Major Street Design" to facilitate development of roadway geometry and appurtenances. The
City's drainage and utility standard drawings and specifications will be utilized. If a special
provision or special specification must be developed under this contract, it shall be in the City's
format, and, to the extent possible, incorporate references to the City's approved test procedures.
Texas Department of Transportation (TxDOT) specifications and standard drawings shall be
used for all remaining design and construction related items.
Palm Valley Boulevard Extension Page 1 of 6 6/15/2004 10:31 AM
The Engineer shall provide the following engineering services required for the design and
construction of the above referenced project:
FC11O ROUTE AND DESIGN STUDIES
1. Identify Project Issues.
a. Review previously developed issues.
(1) Identify significant issues.
(2) Prepare issues memorandum.
(3) Develop Initial Project Data.
b. Collect and review available data.
(1) Horizontal and vertical control using the establish City NAD 83 HARN
(English) datum.
(2) Digital Orthophotography data.
2. Perform preliminary studies.
a. Perform preliminary hydraulic and hydrologic studies:
(1) Prepare both offsite and preliminary onsite drainage area maps for project
limits.
(2) Prepare conceptual storm sewer and water quality facility layouts.
(3) Develop WPAP.
b. Perform structural studies:
(1) Study Two (2) bridge vs. excavation/retaining wall alternatives.
3. Identify and evaluate feasible alternatives.
a. Develop constraints map.
b. Identify design Two (2) alternatives using results of hydraulic, hydrologic and
structural studies.
c. Develop alternative designs using City of Round Rock digital orthophotography and
GEOPAK:
(1) Establish design criteria.
(2) Develop typical sections.
(3) Establish preliminary horizontal alignments.
(4) Establish preliminary vertical alignments.
(5) Prepare preliminary earthwork design.
(6) Establish preliminary ROW requirements.
(7) Prepare preliminary cost estimate for each alternative.
Palm Valley Boulevard Extension
Page 2 of 6 6/15/2004 10:31 AM
4. Prepare design schematic.
a. Define existing ROW and other property lines required to accurately establish
roadway alignments.
b. Prepare design schematic of Preferred Alternative utilizing City aerial flight data and
GEOPAK. The design schematic will include the following:
(1) Typical sections.
(2) Horizontal and Vertical alignments.
(3) Bridge structure configuration and layout.
(4) Earthwork design (develop design cross sections to identify required ROW,
bridge and retaining wall limits).
(5) Determine preliminary slope/utility or drainage easement ROW requirements.
(6) Display identified utility locations.
(7) Develop preliminary plan/profile sheets while addressing pedestrian needs
including hike and bike trails, sidewalks and wheelchair ramps (to be used for
coordination with utility companies and other parties requiring preliminary
horizontal and vertical information).
c. Prepare an Engineering Summary Report for the Technically Preferred Alternative
including the following items:
(1) Project description and history.
(2) Alternative studies evaluation/selection.
(3) Construction project limits.
(4) Conceptual Sequence of Construction and Traffic Control Plan.
(5) Preliminary Construction cost estimates.
FC12O ENVIRONMENTAL STUDIES
1. Ecological Investigations - Literature Review.
This phase will involve a review of existing literature on the project area. The literature
review will include an evaluation of files at the Texas Parks and Wildlife Department
(TPWD) Biological and Conservation Data System (TXBCD), county list of species
protected by the U.S. Fish and Wildlife Service (FWS) that may potentially occur within
the project vicinity, Soil Survey of Williamson County, and distribution maps of endemic
caverinole fauna (Veni and Associates, Inc.).
The results of the literature search of the entire project area will be presented in a
preliminary technical memorandum and will be completed within approximately 6 weeks
of receiving the notice to proceed. This preliminary memorandum will include a
discussion of possible permitting options, if applicable. This preliminary memorandum
will also include a description and figure(s) illustrating the limits of any lands that are
Palm Valley Boulevard Extension
Page 3 of 6 6/15/2004 10:31 AM
jurisdictional under Section 404 of the Clean Water Act, any karst features and any
habitat that is suitable for utilization by federally protected species. This information will
be based on the research methods described above.
2. Cultural Resources Investigations
a. Studies will include historical and archival records review to develop a baseline level
of knowledge regarding known and possible cultural resources within the project
vicinity. This preliminary level of cultural resource information will be reported in
the form of a Technical Memo.
b. Data to be gathered and reported will include:
(6) officially recorded archaeological and historical sites listed with the Texas
Historical Commission and Texas Archaeological Research Lab, including
listed National Register and State Archaeological Landmark sites.
(7) historical background information assembled from published and on-line
information sources, as well as local historical societies and museums.
(8) historical map and aerial photo coverage prior to ca. 1955.
(9) deed, tax, and census research to identify historic period property
improvements and land use patterns.
d. The Technical Memo will also provide assessments and recommendations regarding
regulatory permitting and compliance requirements for the project, including the need
for permitted field investigations to be performed during the final design phase of the
project. The Technical Memo may serve to facilitate regulatory agency coordination
and public involvement for this project, but is not intended to satisfy formal federal
and state regulatory compliance requirements. Mapping of cultural resource site
location data will be prepared to assist the project engineering and design team, but
such information is restricted from public access and distribution.
FC15O FIELD SURVEYING
1. Coordination with Roadway Designer, project manager and surveyor provides for, but is
not limited to, data exchange, meetings and general project coordination.
2. Deed, Plat, Utility and Right -of -Way Research will provide for record information
needed. Includes, but not limited to, adjoining properties deeds, recorded plats, right-of-
way documents, evidence of new surveys, municipal and cooperating area utility provider
plans. This does not include title abstracting for fee ownership or legal opinions of record
documents including easements.
3. Boundary and Platted Right -of -Way Surveys sufficient to provide proposed roadway
alignments. This provides for the boundary surveys of existing parcels, lots, plats and
existing right-of-ways in order to create schematic alignments of the proposed roadway.
Palm Valley Boulevard Extension Page 4 of 6 6/15/2004 10:31 AM
4. Obtain Right -of Entry (ROE) to effected property owners for surveying. Coordination
with the City in determining what properties will be contacted, to what extent, and when.
PBS&J will obtain approval prior to delivering written request for right -of -entry. This
includes certified mailings to property owners as needed to accomplish the task set forth.
PBS&J will notify the City of any property owners not cooperative with the right -of -
entry for possible legal remedy.
5. Horizontal and vertical control by conventional and global positioning methods. Datum
may be specified by the client, or engineer based on the City of Round Rock control
network, or as state plane coordinates, vertical as needed.
6. Topographic and planimetric mapping of existing roadways on each end of the proposed
alignment within approved ROE areas only. This includes mapping of existing curbs,
pavements, visible and exposed utilities, structures, drainage facilities and other
improvements that may affect design criteria.
DELIVERABLES
30% Submittal.
1. Environmental constraints map.
2. Rendered illustrations of environmental technical memorandums and engineering summary
reports.
3. Design schematic (showing utilities identified to date).
4. Preliminary plan/profile sheets of all proposed roadways.
5. Preliminary construction cost estimate.
REFERENCES
1. Standard Specifications for Construction of Highways, Streets, and Bridges - TxDOT.
2. Special Provisions and Special Specifications - TxDOT.
3. PS&E Preparation Manual - TxDOT.
4. Division of Bridges and Structures Operation and Planning Manual - TxDOT.
5. Division of Bridges and Structures Hydraulic Manual - TxDOT.
6. Division of Bridges and Structures Design Examples - TxDOT.
7. Division of Bridges and Structures Bridge Design Guide - TxDOT.
8. Division of Bridges and Structures Detail Manual - TxDOT.
9. Division of Bridges and Structures Foundation Exploration and Design Manual TxDOT.
10. Standard Specifications for Highway Bridges - AASHTO.
11. Division of Highway Design Operations and Procedures Manual - TxDOT.
12. Division of Highway Design Operations and Procedures Manual Part IIB - Environmental
and Public Involvement Procedures during Project - Specific Planning and Development -
TxDOT.
13. A Policy on Geometric Design of Highways and Streets ("The Green Book") AASHTO.
14. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB).
15. Technical Advisory T6640.8A - FHWA.
16. Noise Guidelines - TxDOT.
Palm Valley Boulevard Extension
Page 5 of 6 6/15/2004 10:31 AM
17. Air Quality Guidelines - TxDOT.
18. Flexible Pavement Design Manual - TxDOT.
19. Guide for the Design of Pavement Structures, 1996 - AASHTO.
20. Texas Manual on Uniform Traffic Control Devices - TxDOT.
21. Standard Highway Sign Designs for Texas - TxDOT.
22. Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic
Signals - AASHTO.
23. Utility Accommodation Policy - TxDOT.
24. Utility Manual -TxDOT.
25. Division of Right of Way, ROW Manual - Book I - TxDOT.
26. Division of Right of Way, ROW Manual - Book II - TxDOT.
27. Code of Federal Regulations, Title 23 - "Highway" - Federal Register.
28. Administrative Order No. 5-89 - Signing, Sealing and Dating of Engineering Documents -
TxDOT.
29. Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating Procedures for
Department Engineering Documents - TxDOT.
30. Administrative Circular No. 25-84 - Soils Information for High Mast Lighting, Overhead
Sign Bridges, and Retaining Walls - TxDOT.
31. Administrative Circular No. 33-87 - Preliminary Retaining Wall Layouts to be submitted to
Division of Bridges and Structures - TxDOT.
32. Administrative Circular No. 25-92 - Division of Bridges and Structures to be responsible for
all geotechnical engineering support for foundations, retaining walls, and embankment
stability and settlement - TxDOT.
33. Institute of Transportation Engineers (ITE) "Guidelines for Urban Major Street Design — A
Recommended Practice".
Palm Valley Boulevard Extension
Page 6 of 6 6/15/2004 10:31 AM
EXHIBIT C
Work Schedule
18
EXHIBIT D
Fee Schedule
19
EXHIBIT D
PBS&J Classification Summary
Palm Valley Boulevard Extension
Classification
Principal
Project Manager
Sr Trans/Struct Engineer
Sr Engineer
Design Engineer
EIT
Sr Scientist/Sr EnvPlnr
Scientist/Env Plnr
RPLS
GPS Tech
3 Man Crew
CADD Designer
Clerical
Architect
Sr Ins•ector
Total Labo
PBS&J Expenses
PBS&J Total Fee
$2,320.00
$87,400.00
SUBCONSULTANTS $0.00
Project Total Fee
$87,400.00
PBS&J Hourly Rates include a 161.63% Audited Overhead Rate and a 12% Profit
Margin for a Total Multiplier of 2.9302
Exhibit D.Fee Breakout.xls Page 1 of 1 6/15/2004
TOTAL
Hours
Hourly Rate
Labor Cost
0
$150.00
$0.00
56
$150.00
$8,400.00
62
$140.00
$8,680.00
24
$130.00
$3,120.00
60
$95.00
$5,700.00
80
$80.00
$6,400.00
16
$100.00
$1,600.00
48
$70.00
$3,360.00
124
$95.00
$11,780.00
40
$75.00
$3,000.00
84
$125.00
$10,500.00
256
$85.00
$21,760.00
13
$60.00
$780.00
0
$90.00
$0.00
0
$75.00
$0.00
863
$85,080.00
$2,320.00
$87,400.00
SUBCONSULTANTS $0.00
Project Total Fee
$87,400.00
PBS&J Hourly Rates include a 161.63% Audited Overhead Rate and a 12% Profit
Margin for a Total Multiplier of 2.9302
Exhibit D.Fee Breakout.xls Page 1 of 1 6/15/2004
EXHIBIT D
PBS&J Function Code Summary
Palm Valley Boulevard Extension
Function Code
110
120
150
190
Total Labor
PBS&J Expenses
PBS&J Total Fee
SUBCONSULTANTS
Project Total Fee
$2,320.00
$87,400.00
$0.00
$87,400.00
Estimated Construction Cost
Fee % of Construction Cost
$5,000,000
1.7%
Exhibit D.Fee Breakout.xls Page 1 of 1 6/15/2004
TOTAL
Hours
Labor Cost
354
$34,780.00
80
$7,360.00
389
$36,940.00
40
$6,000.00
863
$85,080.00
$2,320.00
$87,400.00
$0.00
$87,400.00
Estimated Construction Cost
Fee % of Construction Cost
$5,000,000
1.7%
Exhibit D.Fee Breakout.xls Page 1 of 1 6/15/2004
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Hot shot deliveries (2 hour service)
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'Plans reproduction, paper
Plans reproduction (Final) 22"x34" Mylar
Bidding Documents Reproduction (25 Sets)
Helicopter rental (Environmental Investigation)
Mechanical Excavator rental (Environmental Investigation)
Environmental Field Supplies
Artifact Curation Fees (3/8 of File Box for artifacts and records located at TARL)
WI
oH
Exhibit D.Fee Breakout.xls
Exhibit D. Fee B
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ROUTE ANDOESIGN STUDIES
1 Identify Protect Issues
u
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A Preliminary Hydrologic Analysis
B Preliminary Hydraulic Analysis
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B Identify and Develop Design Alternatives
Task SubtOtaf
4 Prepare Design Schematic of Preferred Alternative
5 Prepare Engineering Summary Report of Preferred Alternative
a
1 Ecological Investigations - Literature Review
2 Cultural Resources Investigations
A Prepare Technical Memorandum
FC 120 Subtotal
FIELD SURVEYING
1 Coordination vnt City and Roadway Designer
2 Oeed, Plat, Utility and ROW Research
3 Boundary and Platted ROW Surveys
4 Coordination with Roadway Designer
5 Obtain ROE
6 Horiaontal and Vertical Control
7 Topographic and planimetoR Mapping
FC 150 Subtotal
PROJECT MANAGEMENT
1 Prepare Monthly Billings
i
m
R
Y.2
b3
1
m
ITOTAL PROJECT
2
Exhibit D. Fee B
EXHIBIT E
Certificates of Insurance
20
CERTIFICATE OF LIABILITY INSURANCE Date: 06/14/2004
PRODUCER COMPANIES AFFORDING COVERAGE
Collinsworth, Alter, Fowler, Dowling & French Group Inc
P.O Box 9315 A. Continental Casualty Company A XV
Miami Lakes, FL 33014-9315
B. American Casualty Co Reading A XV
INSURED C. Lloyds of London A- XV
Post, Buckley, Schuh & Jernigan, Inc.
2001 NW 107 Avenue D
Miami, FL 33172-2507
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of
the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are
noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A GENERAL LIABILITY GL247843206 9/30/2003 9/30/2004 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $1,000,000
MED. EXPENSE (Any one person)$25,000
A AUTOMOBILE LIABILITY BUA247843223 9/30/2003 9/30/2004 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
A EXCESS LIABILITY
CUP2068179760 9/30/2003 9/30/2004 EACH OCCURRENCE
AGGREGATE
$10,000,000
$10,000,000
B WORKERS' COMPENSATION WC247843268 9/30/2003 9/30/2004 STATUTORY LIMITS X
AND EMPLOYERS' LIABILITY EACH ACCIDENT $1,000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE $1,000,000
C PROFESSIONAL LIABILITY P2303
9/30/2003 9/30/2004 Each Claim and Annual Aggregate $1,000,000 Limits
Retrodate 11/11/1961
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers'
Liability' and `Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664 W MeafeCollr'nswortf
Cert of Insur CORR/specs master
Typed Name: W. Meade Collinsworth
Title: President
EXHIBIT " " Revised 10/2002