R-04-06-10-13C5 - 6/10/2004RESOLUTION NO. R -04-06-10-13C5
WHEREAS, the City of Round Rock desires to retain engineering
services for the design of the East Water Transmission Line, Phase 3A
(Redbud Lane), and
WHEREAS, Baker-Aicklen & Associates, Inc. has submitted a
Contract for Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract
with Baker-Aicklen & Associates, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract for Engineering Services with Baker-
Aicklen & Associates for the design of the East Water Transmission
Line, Phase 3A (Redbud Lane), a copy of said contract being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all timesduring 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 10th day of June, 2004.
• Ti S T
/1/ _,
CHRISTINE R. MARTINEZ, City Secre
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City oound Roc , Texas
ROUND ROCK, TEXAS
PURPOSE. PASSION, PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: Baker-Aicklen & Associates, Inc. ("Engineer")
ADDRESS: 405 Brushy Creek Road, Cedar Park, Texas 78613
PROJECT: East Water Transmission Line, Phase 3-A (Redbud Lane)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the 10th day of June, 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: eastwater; baker-aicklen; 68120
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EXHIBIT
a HA,/
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 Ninety-nine Thousand Two Hundred Eighty Dollars ($99,280.00) 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:
Don Rundell
212 Commerce Cove
Round Rock, Texas 78664
Telephone Number (512) 218-5554
Fax Number (512) 218-3242
Email Address drundell@round-rock-tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
David Allen, P.E.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Telephone Number: (512) 260-3700
Fax Number: (512) 260-3701
Email Address: dallen@b-ainc.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
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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 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:
Bill Waeltz, P.E.
203 E. Main St., Suite 201
Round Rock, TX 78664
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) Liquidated Damages. In addition to the remedies set forth in paragraph (1) above, Engineer
shall be subject to payment of liquidated damages for failure to meet critical deadlines as set forth
below. If Engineer fails to complete tasks 7, 12, 15, 17, 21, or 25 on or before the "Finish" dates
specified in Exhibit "C," Engineer shall pay to Owner, as liquidated damages, the Sum of One Thousand
and No/100 Dollars ($1,000.00) for each calendar day that the Finish date for any of the above tasks is
delayed. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a
reasonable forecast of just compensation for the harm that would be caused by Engineer's failure to
achieve the Finish dates as specified in Exhibit "C." It is agreed that the harm that would be caused by
such failure, which includes loss of expected use of the subject areas, provision of alternative facilities
and rescheduling of use dates, is one that is incapable or very difficult of accurate estimation. It is
hereby agreed that if there are more than a total of twenty (20) days of delay for the above described
tasks, the harm that would be caused to Owner cannot be reasonably forecast because it would include
business disruption to Owner in addition to loss of expected use of the subject areas, provision of
alternative facilities and rescheduling of use dates. Thus, after twenty (20) days of delay, the liquidated
damages set forth herein and above will cease to be assessed, and Owner shall thereafter rely on its
remedies under this Contract and at law and in equity, including without limitation, the recovery of
actual damages.
(3) 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
13
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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 10`h day of the month of
June, 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.
14
CITY OF ROUND ROCK, TEXAS:
By:
Nyle Maxwell, Mayor
Date:
ATTEST:
By:
Christine Martinez, City Secretary
BAKER- , CKLEN & ASSOCIATES, INC.
B /� � �►�
:1 _nature of Principal
Printed Name: /4. it)/V .,, Ick e 5/?G
Date: G,z/oy
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
17
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
The City of Round Rock will furnish to the Engineer the following items/information:
A. Copy(s) of other consultant work adjacent to or affecting any areas of work
included in this contract, in AutoCAD 2000, if said work is currently in AutoCAD
2000 format.
B. Any other pertinent base information as required during the process and not
previously defined within the basic services.
C. Provide updates of scope of work expected from consultant and sub -consultants.
D. Designate a person to act as the Owner's Representative with respect to services
to be rendered under this contract.
E. City will assist the Engineer in determining the horizontal and vertical location of
existing utilities.
O:\0601-2-058\Agreements CR122 East Water Transmission Line Phase 3-A (Redbud Lane)
EXHIBIT B
Engineering Services
18
BAKER-AICKLEN
& ASSOCIATES, INC.
Engineers/Surveyors
May 25, 2004
EXHIBIT B
Mr. Tom Clark, P.E.
DIRECTOR OF UTILITIES
City of Round Rock
Public Works Department
2008 Enterprise Dr.
Round Rock, Texas 78664
RE: Proposal For Professional Services
East Water Transmission Main, Phase 3-A
Dear Tom:
r%
We are pleased to submit our proposal for services related to the East Water Transmission Main, Phase
3-A. This project will construct a)nch, ductile iron waterline within the right-of-way of County Road
122 from the intersection of CR 122 and Forrest Creek Drive, north approximately 8,500 feet to the to the
intersection of CR 113.
rl
i
No. 04-3046
Our scope of services will consist of providing engineering design, and construction phase services for
the transmission main. This proposal is for the design phase services only. Upon completion of design,
we will provide a separate proposal for construction phase services.
This project will be "fast tracked" to coincide with bidding of the improvements to County Road 122
which has been designed by Baker-Aicklen & Associates, Inc. It is critical that we promptly proceed
with the work and that all team members work closely to achieve the project schedule. We developed the
attached schedule based upon the proposed July 1, 2004 bid date for the road improvements. We
strongly believe we can accommodate this schedule, however, it will require us to reallocate some
manpower resources and may require us to institute some level of overtime for certain key level staff
members.
David Allen, P.E. will be the Project Manager for Baker-Aicklen on this important project. He will be
responsible for project budget, schedule, managing resources, ensuring quality and overall client
interface. The project principals, Joe Baker, P.E. and Bill Waeltz, P.E. will be responsible for ensuring
the project is assigned the manpower and resources necessary to meet the schedule and will assist with
quality assurance/quality control reviews.
A proposed Scope of Services and Basis of Compensation follows. Our compensation is based upon the
attached rate schedule and our estimate of the level of effort (manhours) required to accomplish the tasks
identified.
405 Brushy Creek Road • Cedar Park, Texas 78613 • 512/260-3700 • FAX 512/260-3701
City of Round Rock
East Water Transmission Main Phase 3-A
May 25, 2004
SCOPE OF SERVICES
A. Design Surveys
No. 04-3046
Page 2
1. Assume 2 days additional field time and 2 days office time to pick up any
additional topographic information that may be required.
B. Geotechnical Investigation (Fugro South, Inc..)
2. Laying out soil borings, at 500 foot centers, 5 feet below the flowline of the pipe.
For the purposes of this proposal, borings were assumed to be 15 feet for the
waterline.
3. Provide all necessary manpower, equipment and materials for drilling, logging
and sampling.
4. Field logging to include visual classifications and pocket penetrometer tests.
5. Laboratory testing of selected samples for Atterberg Limits, moisture contents,
unconfined compressive strengths, minus 200 mesh sieves and unit weights.
6. Preparation of an engineering report with logs of boring, lab test results,
allowable bearing values, OSHA soil classifications, construction considerations
and recommendations for backfill and pipe bedding.
C. Design Phase and Bidding Phase
1. Meet with CORR staff as appropriate to review horizontal and vertical
alignments, and other design issues that may arise from time to time.
2. Develop horizontal alignment.
3. Stake horizontal alignment in the field, and field verify adequacy.
4. Arrange for and coordinate any additional surveying effort.
5. Establish the scope of any soils investigations required and coordinate with
Fugro South, Inc. to secure soil borings and a geotechnical report for the
proposed route and structures (PRV Vault).
6. Prepare drawings, and revise erosion & sedimentation control plans, construction
details, and traffic control plans as necessary. Transmission main plan and
profile drawings will be prepared at 1:20 scale horizontal and 1:4 scale vertical.
7. Prepare quantities and horizontal alignment for incorporation into bid documents
for the County Road 122 Street Improvements, Phases 1 and 2 Project. Issue
addendum as necessary to complete this task.
8. Revise Street Improvement bid documents as necessary to include the water
transmission main.
9. Provide an engineer's opinion of probable construction cost for the transmission
main.
10. Furnish two copies of 100 % complete Construction Plans and Specifications to
the City's Chief Utility Engineer for review and approval.
11. Assist the City in evaluating the bids.
12. Submit completed drawings, specifications and contract documents to TCEQ and
address any review comments as required to obtain TCEQ approval.
City of Round Rock
East Water Transmission Main Phase 3-A
May 25, 2004
No. 04-3046
Page 3
13. Incorporate revisions to the stormwater pollution prevention plan to include the
water transmission main.
14. Furnish three sets copies of final, approved drawings, specifications and contract
documents to the Contractor and the City's Chief Utility Engineer.
D. Construction Phase — To Be Provided upon Completion of Design & Bidding Phase
BASIS OF COMPENSATION
We propose to provide the above-described Scope of Services on a lump sum basis in the
amount of $99,280 as indicated in Table 1. Compensation beyond this amount will require
specific authorization from the City of Round Rock.
The amounts proposed are based upon personnel time required to perform the described
Scope of Services. Additional time requirements resulting from project scope changes or
revisions beyond our control will be considered reasonable cause for us to seek additional
compensation for services not included in these amounts. Such services may be
compensated for on an hourly -charge basis in accordance with the attached hourly rate
schedule, at a mutually agreed -to lump sum amount, or as provided for in the Professional
Services Agreement. Not included in the above estimates are the following: trench safety
design, WPAP permitting, landscape plans, and T.I.A. reports, if required; and fees charged
by any governmental agencies.
Please contact us if you have any questions. We are prepared to commence work upon your
authorization.
Sincerely,
David A. Allen, P.E.
Project Manager
DAA:egk
Attachments
145NKFri-1 L. 4/exus."'
A. William Waeltz, P.E.
Round Rock Office Branch Manager
EXHIBIT C
Work Schedule
19
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11 Specifications 15 days 6/1/04 6/15/04 Specifications C , VI 6/1
12 Quantities 5 days 6/16/04 6/22/04 -
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13 A.3 Permitting - Not Required For This Phase 1 day? 6/1/04 6/1/04 i ermitting ` • Not Required For This Phase �/ 6/1
14 A.4 100 % Plan Set 33 days 6/21/04 7/23/04
1+ A.4 100 % Plan Set
15 Incorporate City Comments on Horizontal 4 days 6/21/04 6/23/04 Incorporate City"Comments on Horizontal Alignment 'Z
Alignment
16 Establish Vertical Alignment/Annotate 22 days 6/24/04 7/16/04
YEstablish Vertical AligumeoVAnnotat<Drawingsi
Drawings
17 Submit Plan Set to CORR For Review 0 days 7/16/04 7/16/04
18 CORR Review 7 days 7/16/04 7/23/04
19 A.5 Construction Plans 5 days 7/23/04 7/29/04
20 — —
Begin Adverfisement (A
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/Quantities/Specs Available.
lehdum to Contract for Transr.
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ARD 68 days? 6/13/04 8/23/04
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nsnnnwuAlain 1 day?
:-• 6/14/04 6/14/04 l
Align/Quantities/Specs Available.
Issue Addendum to Contract for Transmission Main 1 day? 6/24/04 6/24/04
3 Bid Opening 0 days 7/1/04 7/1/04
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EXHIBIT D
Fee Schedule
20
City of Round Rock
East Water Transmission Main Phase 3-A
May 25, 2004
EXHIBIT D
TABLE 1 -EAST WATER TRANSMISSION MAIN, PHASE 3-A
CITY OF ROUND ROCK
Branch Project Project
No. Task Manager Manager Engineer Designer CADD Clerical
Engineering
1 Project Management 8 40
2 Meetings 6 12 12
3 Develop Base Drawings 2 6 8 24
4 Horizontal Alignment
4.1 Establish Horizontal Alignment 2 8 32 40 40
4.2 Walk/Stake Alignment in Field 4 8 8
4.3 Revise Alignment as Necessary 4 8 8
4.4 Incorporate CORR Comments 2 8 8
5 Vertical Alignment/Annotation
5.1 Establish Vertical Alignment 2 8 32 60 120
5.2 Incorporate CORR Comments 2 8 20 32
6 Standard Notes/Details 4 4 8 16
7 Develop Opinion of Probable Cost 4 12
8 Specifications and Contract Documents 6 32
32
9 Quantities 2 12 8
10 Incorporate Waterline into Road Contract 2 8 8
11 Quality Assurance/Quality Control 12 24
12 Evaluate Bids 2 8
No. 04-3046
Page 4
Total Hours
Billing Rate
Total Engineering
30 116 176 168 256 40
145 135 115 90 70 50
54,350 515,660 S20,240 515,120 517,920 52,000
Survey
3 Man Crew @ 2 days @ 51040/day 2080
Survey Tech 12 Hours @ $60/hr 720
RPLS 4 Hours @ S 110/hour 440
Total Survey 53,240
Geotechnical
Subtotal
Reimbursable Expenses
$20,000
598,530
5750
TOTAL PROJECT COST THROUGH DESIGN 599,280
EXHIBIT E
Certificates of Insurance
21
UbIZ5/WU4 TUE 15:33 FAX 5123319950 GREATER TEXAS INSURANCE
CUU2/UO2
EXHIBIT E
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
GREATER TEXAS INSURANCE AGENCY
9809 ANDERSON MTLL RD
AUSTIN, TEXAS 78750
INSURED
BAKER —AICKLEN & ASSC, INC
203 EAST MAIN, SUTI'E 201
ROUND ROCK, TX 78664
Date: 05/24/04
COMPANIES AFFORDING COVERAGE
A UNION STANDARD
B
C
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LATS
LTR NUMBER DATE DATE
A GENERAL LIABILITY CPA1789212-24 03/20/04 03/02/05 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGG. $ 2,000,000
PERSONAL do ADV. INJURY 5 1,000.000
EACH OCCURRENCE 5 4000,000
FIRE DAMAGE (Any one fire) $ 100,000
MED. EXPENSE (Any one person) S 5,000
A AUTOMOBILE LIABILITY TA2333 157-25 03/20/04 03/20/05
COMBINED SINGLE LIMIT $ 500,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) 5
PROPERTY DAMAGE t
A EXCESS LIABILITY CUA2803198-24 03/20/04 03/20/05 F.ACH OCCURRENCE
$ 1,000,000
AGGREGATE 5
A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
PROFESSIONAL LIABILITY
WCA2508012-24 03/20/04 0320/05
STATUTORY LIMITS 51,000,000
EACH ACCIDENT $ 1,000,000
DISEASE - POLICY LIMIT $ 1,000,000
DISEASE - EAC[ -I EMPLOYEE S 1,000,000
DESCRU'TION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
he 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.
CERTIFICATE1-IOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Cert of Insur Gen Liub COKR firm 2-10-03
SIGNATURE; F AUTHORIZED RT.PRES ATIVE
Typed Name: GERALD WEISS
Title: AGENT
EXHIBIT -
Revised 10/2002
U5/25/2004 12::4 00000000000
CERTIFICATIE OF LIABILITY INSURANCE
PROFESSIONAL SERVICES
111 1111111111111111 PAGE 01/01
• EXHIBIT E
Date: 05/25/2004_
PRODUCER COMPANIES AFFORDING COVERAGE
A Liberty Insurance Underwriter, Inc.
USI Insurance Services of Texas
1946 South IH -3S, Suite 301
Austin, Texas 78704
Phone: 512/443-0878
INSURED
Baker-Aicklen & Associates
203 East Main Strut, Suite 201
Round Rock, TX 78664
Phone: 512 244-9620
B
C
D
THIS IS TO CERTIFY THAT .the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF INSURANCE POLICY EFFECTIVE
LTR NUMBER DATE
EXPIRATION
DATE
A PROFESSION/3/,LIABILITY AEE197207-0104 05/71/04
05/21/05
$1,000,000/Claim
$1.000,000/Aggregate
DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS
Project Reference: Coon y Road 122
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company wiJ1 mail
thirty (30) days written notice to the certificate holder named below.
CER miCA'1 HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
att7x: Christine Martinez, City Secretary
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Rev'd.2/10/03 - Profeeaicavil Liability Certlftcate.doc
.al
LY-444(.
PL • ate. _ J stm
Title: Sales Executive
DATE: June 4, 2004
SUBJECT: City Council Meeting - June 10, 2004
ITEM: 13.C.5. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with Baker-Aicklen &
Associates, Inc. for the East Water Transmission Line, Phase 3-
A (Redbud Lane).
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director of Utilities
Justification: This resolution is required to add to the existing contract with Baker
Aicklen & Associates, for the design and engineering of the 36" East
Water Transmission Main along Red Bud Lane.
Funding:
Cost: $99,280
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: Baker Aicklen & Associates, Inc.
Background Information:
Public Comment: N/A
The recent Water Distribution Master Plan calls for this
line to be installed from Us 79 to Forrest Creek Drive in
order to meet water demands in the south east portion
of the City. In the previous Master Plan, the line was not
required until 2012 and is needed because of the
accelerated growth experienced in the south east part of
town. Staff generally requests proposals for this type of
work however, Baker Aicklen have done surveying and
design of the roadway in Redbud Lane and this will
allow for a shorter construction schedule, close
coordination of the pipeline and roadway project and
cost savings by preventing redundant work. Because of
the impending roadway construction, the water line
needs to be installed prior to the roadway. This will
improve the water distribution system and reliability in
the area.
Executed
Document
Follows
Ifiliti"
ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: Baker-Aicklen & Associates, Inc. ("Engineer")
ADDRESS: 405 Brushy Creek Road, Cedar Park, Texas 78613
PROJECT: East Water Transmission Line, Phase 3-A (Redbud Lane)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the 10th day of June, 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: eastwater; baker-aicklen; 68120
2-04-06 -i0-130
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 Ninety-nine Thousand Two Hundred Eighty Dollars ($99,280.00) 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:
Don Rundell
212 Commerce Cove
Round Rock, Texas 78664
Telephone Number (512) 218-5554
Fax Number (512) 218-3242
Email Address drundell@round-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:
David Allen, P.E.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Telephone Number: (512) 260-3700
Fax Number: (512) 2 6 0— 3 7 01
Email Address: dallen@b-ainc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental 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.
6
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.
7
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 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:
Bill Waeltz, P.E.
203 E. Main St., Suite 201
Round Rock, TX 78664
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) Liquidated Damages. In addition to the remedies set forth in paragraph (1) above, Engineer
shall be subject to payment of liquidated damages for failure to meet critical deadlines as set forth
below. If Engineer fails to complete tasks 7, 12, 15, 17, 21, or 25 on or before the "Finish" dates
specified in Exhibit "C," Engineer shall pay to Owner, as liquidated damages, the Sum of One Thousand
and No/100 Dollars ($1,000.00) for each calendar day that the Finish date for any of the above tasks is
delayed. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a
reasonable forecast of just compensation for the harm that would be caused by Engineer's failure to
achieve the Finish dates as specified in Exhibit "C." It is agreed that the harm that would be caused by
such failure, which includes loss of expected use of the subject areas, provision of alternative facilities
and rescheduling of use dates, is one that is incapable or very difficult of accurate estimation. It is
hereby agreed that if there are more than a total of twenty (20) days of delay for the above described
tasks, the harm that would be caused to Owner cannot be reasonably forecast because it would include
business disruption to Owner in addition to loss of expected use of the subject areas, provision of
alternative facilities and rescheduling of use dates. Thus, after twenty (20) days of delay, the liquidated
damages set forth herein and above will cease to be assessed, and Owner shall thereafter rely on its
remedies under this Contract and at law and in equity, including without limitation, the recovery of
actual damages.
(3) 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
13
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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 10th day of the month of
June, 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.
14
CITY OF ' : UN ► RO. .. T b X
By:
Ny
Date:
el� y/^OLl
Christine Martinez, City Secretary
BAKER -AI • EN & ASSOCIATES, INC.
By:
S' : ature of Principal
Printed Name:
Date: ./Z/p �C
&la e613/c
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
17
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
The City of Round Rock will furnish to the Engineer the following items/information:
A. Copy(s) of other consultant work adjacent to or affecting any areas of work
included in this contract, in AutoCAD 2000, if said work is currently in AutoCAD
2000 format.
B. Any other pertinent base information as required during the process and not
previously defined within the basic services.
C. Provide updates of scope of work expected from consultant and sub -consultants.
D. Designate a person to act as the Owner's Representative with respect to services
to be rendered under this contract.
E. City will assist the Engineer in determining the horizontal and vertical location of
existing utilities.
O:\0601-2-058\Agreements CR122 East Water Transmission Line Phase 3-A (Redbud Lane)
EXHIBIT B
Engineering Services
18
I .4k
EXHIBIT B
BAKER-AICKLEN
& ASSOCIATES, INC.
Engineers/Surveyors
May 25, 2004 No. 04-3046
Mr. Tom Clark, P.E.
DIRECTOR OF UTILITIES
City of Round Rock
Public Works Department
2008 Enterprise Dr.
Round Rock, Texas 78664
RE: Proposal For Professional Services
East Water Transmission Main, Phase 3-A
Dear Tom:
(42 uteal
We are pleased to submit our proposal for services related to the East Water Transmission Main, Phase
3-A. This project will construct a)inch, ductile iron waterline within the right-of-way of County Road
122 from the intersection of CR 122 and Forrest Creek Drive, north approximately 8,500 feet to the to the
intersection of CR 113.
Our scope of services will consist of providing engineering design, and construction phase services for
the transmission main. This proposal is for the design phase services only. Upon completion of design,
we will provide a separate proposal for construction phase services.
This project will be "fast tracked" to coincide with bidding of the improvements to County Road 122
which has been designed by Baker-Aicklen & Associates, Inc. It is critical that we promptly proceed
with the work and that all team members work closely to achieve the project schedule. We developed the
attached schedule based upon the proposed July 1, 2004 bid date for the road improvements. We
strongly believe we can accommodate this schedule, however, it will require us to reallocate some
manpower resources and may require us to institute some level of overtime for certain key level staff
members.
David Allen, P.E. will be the Project Manager for Baker-Aicklen on this important project. He will be
responsible for project budget, schedule, managing resources, ensuring quality and overall client
interface. The project principals, Joe Baker, P.E. and Bill Waeltz, P.E. will be responsible for ensuring
the project is assigned the manpower and resources necessary to meet the schedule and will assist with
quality assurance/quality control reviews.
A proposed Scope of Services and Basis of Compensation follows. Our compensation is based upon the
attached rate schedule and our estimate of the level of effort (manhours) required to accomplish the tasks
identified.
405 Brushy Creek Road • Cedar Park, Texas 78613 • 512/260-3700 • FAX 512/260-3701
City of Round Rock
East Water Transmission Main Phase 3-A
May 25, 2004
SCOPE OF SERVICES
A. Design Surveys
No. 04-3046
Page 2
1. Assume 2 days additional field time and 2 days office time to pick up any
additional topographic information that may be required.
B. Geotechnical Investigation (Fugro South, Inc..)
2. Laying out soil borings, at 500 foot centers, 5 feet below the flowline of the pipe.
For the purposes of this proposal, borings were assumed to be 15 feet for the
waterline.
3. Provide all necessary manpower, equipment and materials for drilling, logging
and sampling.
4. Field logging to include visual classifications and pocket penetrometer tests.
5. Laboratory testing of selected samples for Atterberg Limits, moisture contents,
unconfined compressive strengths, minus 200 mesh sieves and unit weights.
6. Preparation of an engineering report with logs of boring, lab test results,
allowable bearing values, OSHA soil classifications, construction considerations
and recommendations for backfill and pipe bedding.
C. Design Phase and Bidding Phase
1. Meet with CORR staff as appropriate to review horizontal and vertical
alignments, and other design issues that may arise from time to time.
2. Develop horizontal alignment.
3. Stake horizontal alignment in the field, and field verify adequacy.
4. Arrange for and coordinate any additional surveying effort.
5. Establish the scope of any soils investigations required and coordinate with
Fugro South, Inc. to secure soil borings and a geotechnical report for the
proposed route and structures (PRV Vault).
6. Prepare drawings, and revise erosion & sedimentation control plans, construction
details, and traffic control plans as necessary. Transmission main plan and
profile drawings will be prepared at 1:20 scale horizontal and 1:4 scale vertical.
7. Prepare quantities and horizontal alignment for incorporation into bid documents
for the County Road 122 Street Improvements, Phases 1 and 2 Project. Issue
addendum as necessary to complete this task.
8. Revise Street Improvement bid documents as necessary to include the water
transmission main.
9. Provide an engineer's opinion of probable construction cost for the transmission
main.
10. Furnish two copies of 100 % complete Construction Plans and Specifications to
the City's Chief Utility Engineer for review and approval.
11. Assist the City in evaluating the bids.
12. Submit completed drawings, specifications and contract documents to TCEQ and
address any review comments as required to obtain TCEQ approval.
City of Round Rock
East Water Transmission Main Phase 3-A
May 25, 2004
No. 04-3046
Page 3
13. Incorporate revisions to the stormwater pollution prevention plan to include the
water transmission main.
14. Furnish three sets copies of final, approved drawings, specifications and contract
documents to the Contractor and the City's Chief Utility Engineer.
D. Construction Phase — To Be Provided upon Completion of Design & Bidding Phase
BASIS OF COMPENSATION
We propose to provide the above-described Scope of Services on a lump sum basis in the
amount of $99,280 as indicated in Table 1. Compensation beyond this amount will require
specific authorization from the City of Round Rock.
The amounts proposed are based upon personnel time required to perform the described
Scope of Services. Additional time requirements resulting from project scope changes or
revisions beyond our control will be considered reasonable cause for us to seek additional
compensation for services not included in these amounts. Such services may be
compensated for on an hourly -charge basis in accordance with the attached hourly rate
schedule, at a mutually agreed -to lump sum amount, or as provided for in the Professional
Services Agreement. Not included in the above estimates are the following: trench safety
design, WPAP permitting, landscape plans, and T.I.A. reports, if required; and fees charged
by any governmental agencies.
Please contact us if you have any questions. We are prepared to commence work upon your
authorization.
Sincerely,
David A. Allen, P.E.
Project Manager
DAA:egk
Attachments
Ke,NetFrd C. 4/cxcFI
A. William Waeltz, P.E.
Round Rock Office Branch Manager
EXHIBIT C
Work Schedule
19
i
Task Name
DESIGN
August 1 September
8/1 8/8 8/15 8/22 8/29 9/5
7/29
A.1 Develop Horizontal Alignment
Review Existing Road Plans
Develop Base Drawings
Establish Preliminary Alignment
Walk Alignment in Field
Finalize Horizontal Alignment
Submit to CORR for Review
CORR Review
A.2 Specifications and Quantities
Specifications
Quantities
A.3 Permitting - Not Required For This I
A.4 100 % Plan Set
Incorporate City Comments on Horizon
Alignment
Establish Vertical Alignment/Annotate
Drawings
Submit Plan Set to CORR For Review mit Plan Set to CORR For Review
CORR Review
A.5 Construction Plans
Construction Plans Complete and Signe 7/2 - Construction Plans Complete and Signed
BIDDING & AWARD
Begin Advertisement
Road Plans/Transmission Main
Align/Quantities/Specs Available.
25 C3 Issue Addendum to Contract for Transmissi
Bid Openning
Council Award
Council Award
BEGIN CONSTRUCTION
BEGIN CONSTRUCTIO
Project: \\Cp\voil\Users dallen\Project
Date: 5/25/04
Baker-Aicklen & Assoc., Inc.
Task
Split
EXHIBIT D
Fee Schedule
20
City of Round Rock EXHIBIT D
East Water Transmission Main Phase 3-A
May 25, 2004
TABLE 1 -EAST WATER TRANSMISSION MAIN, PHASE 3-A
CITY OF ROUND ROCK
No. 04-3046
Page 4
Branch Project Project
No. Task Manager Manager Engineer Designer CADD Clerical
Engineering
1 Project Management 8 40
2 Meetings 6 12 12
3 Develop Base Drawings 2 6 8 24
4 Horizontal Alignment
4.1 Establish Horizontal Alignment 2 8 32 40 40
4.2 Walk/Stake Alignment in Field 4 8 8
4.3 Revise Alignment as Necessary 4 8 8
4.4 Incorporate CORR Comments 2 8 8
5 Vertical Alignment/Annotation
5.1 Establish Vertical Alignment 2 8 32 60 120
5.2 Incorporate CORR Comments 2 8 20 32
6 Standard Notes/Details 4 4 8 16
7 Develop Opinion of Probable Cost 4 12
8 Specifications and Contract Documents 6 32
9 Quantities 2 12 8
10 Incorporate Waterline into Road Contract 2 8
11 Quality Assurance/Quality Control 12 24
12 Evaluate Bids 2 8
32
8
Total Hours
Billing Rate
Total Engineering
30 116 176 168 256 40
145 135 115 90 70 50
S4,350 515,660 $20,240 515,120 517,920 52,000
Survey
3 Man Crew @ 2 days @ $1040/day 2080
Survey Tech 12 Hours @ S60/hr 720
RPIS 4 Hours @ $110/hour 440
Total Survey 53,240
Geotechnical
Subtotal
Reimbursable Expenses
520,000
598,530
$750
TOTAL PROJECT COST THROUGH DESIGN $99,280
EXHIBIT E
Certificates of Insurance
21
Ub/Z5/ZUU4 TUE 15;36 FAA 5123319950 GREATER TEXAS INSURANCE
EXHIBIT E
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
GREATER TEXAS INSURANCE AGENCY
9809 ANDERSON MILL RD
AUSTIN, TEXAS 78750
INSURED
BAKER —AICKLEN & ASSC, INC
203 EAST MAIN, SUITE 201
ROUND ROCK, TX 78664
THIS IS TO CERTIFY THAT the Insured
business operations hereinafter described,
standard policies used by the companies,
below.
A
13
C
D
Date: 05/24/04
COMPANIES AFFORDING COVERAGE
UNION STANDARD
IBJ 002/002
named above is insured by the Companies listed above with respect to the
for the types of insurance and in accordance with the provisions of the
and further hereinafter described. Exceptions to the policies are noted
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE • DATE
A GENERAL LIABILITY CPA1789212-24
A AUTOMOBILE LIABILITY TA2333157-25
LIMITS
0320/04 03/02/05
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG.
PERSONAL & ADV. INJURY
$ 2,000,000
$ 2,000,000
S 1,000,000
EACH OCCURRENCE S 1,000,000
FIRE DAMAGE (Any one fire) $ 100,000
MED. EXPENSE (Any one person) S 5,000
A EXCESS LIABILITY CUA2803198-24
03/20/04 03/20/05
COMBINED SINGLE LI IIT $ 500,000
BODILY INJURY (Per person) S
BODILY INJURY (Per accident) $
PROPERTY DAMAGE S
03/20/04 03/20/05
A WORKERS' COMPENSATION AND EMPLOITRS' LIABILITY
PROFESSIONAL LIABILITY
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
S
WCA2508012-24 03/20/04 03/20/05
STATUTORY Limns
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EAC[•I EMPLOYEE
S 1,000,000
$1,000,000
$ 1,000,000
S 1,00000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/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 lhercof, the issuing
company will mail thirty (30) days writtcn notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Cert of Instil. Gen Liao CORK form 2-10-03
SJGNATU1RE F AUTHORIZED REPRPS AT1VE
_Yle.12(/)-1
Typed Name: GERALD WEISS
Title: AGENT
EXHIBIT -
Revised 10/2002
Elb/25/2004 12:34 00000000000 111 1111111111111111 PAGE 01/01
CERTIFICATIE OF LIABILITY INSURANCE
PROFESSIONAL SERVICES
EXHIBIT E
Date: 05/25/2004_
PRODUCER COMPANIES AFFORDING COVERAGE
USI Insurance Services of Texas A Liberty Insurance Underwriters, Inc.
1946 South 1H -3S, Suite 301
Austin, Texas 78704
Phone: 512/443-0878
INSURED
Baker-Aicklen & Associates
203 East Maim StrE et, Suite 201
Round Rock, TX 7 8664
Phone: 512 244-9620
B
C
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF INSURANCE
LTR
POLICY
NUMBER
EFFECTIVE EXPIRATION
DATE DATE
A PROP83SIONaLLIABILITY AEE197207-0104 05/21/04
05t21/05 $1,000,000/Claim
$1,000,000/Aggro
DESCRIPTION OF :SPECIAL ITEMS/EXCEPTIONS
Project Reference: Counry Road 122
Should any of the above described policies be cancelled or changed before the expiration dale thereof, the issuing company wall mail
thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
attm: Christine Martinez, City Secretary
Tiae' Sates Executive
Rcv'd.2/10/03 - Profesaiteal Edibility Certifcate.doc