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R-08-06-26-10D2 - 6/26/2008RESOLUTION NO. R -08-06-26-10D2 WHEREAS, the City of Round Rock desires to retain engineering services for the Wyoming Springs Drive - Widening Project, and WHEREAS, Klotz Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Klotz Associates, Inc. for the Wyoming Springs Drive - Widening Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of June, 2008. ALAN MCGRAW, Mayor City of Round Rock, Texas SARA L. WHITE, City Secretary 0:\WDOX\RESOLUTI\R80626D2.DOC/rmc ROUNDRIX PURPOSE -FROM ROUND ROCK, TEXAS PURPOSE. FRSS!o PROSPERfl CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KLOTZ ASSOCIATES. INC. ("Engineer") ADDRESS: 901 S MoPac Expressway Bldg V, Ste 220. Austin, TX 78746 PROJECT: Wyoming Springs Drive — Widening THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2008 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 01/07 0127.6015; 139299 00064494 TX04WYO 1. EXHIBIT CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (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. 2. 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 Five Hundred Seventy-seven Thousand, Six Hundred and No/100 Dollars ($577,600.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Transportation Engineering Associate 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3237 Fax Number (512) 218-3242 Email Address bstablein@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: Bill Caffey, P.E. Senior Project Manager 901 S MoPac Expressway Bldg V, Ste 220 Austin, TX 78746 Telephone Number: (512) 328-5771 Cell Number: (512) 964-0311 Fax Number: (512) 328-5774 Email Address: Bill.caffey@klotz.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental 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 the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering ; Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 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 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately 8. 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. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending 9. claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 10. (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. 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. 11. 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 12. Engineer: Scott Dukette, PE Vice President Klotz Associates, Inc. 901 S MoPac Expressway Bldg V, Ste 220 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 13. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Sara White, City Secretary KLOTZ ASSOCIATES, INC. ff�r By: D. Wayne Klo 1E, SWRE, -reside t 14. LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15. Exhibit A City Services The City of Round Rock will furnish to the Engineer the following items/information: WYOMING SPRINGS PROJECT CITY OF ROUND ROCK, TEXAS From: Brightwater Blvd. To: RM 620 Length: 0.91 miles County: Williamson PROJECT DESCRIPTION The City of Round Rock, in cooperation with the County of Williamson, is developing a project to widen Wyoming Springs Drive from Brightwater Boulevard to RM 620 in southern Williamson County. The proposed improvements would widen the existing two-lane roadway to the ultimate four -lane major arterial divided (MAD -4) roadway. The proposed improvements would include constructing within existing right-of-way the final two lanes of the four -lane divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary School, sidewalks, bicycle accommodations and drainage. These improvements are in accordance with the Capital Area Metropolitan Planning Organization 2008-2011 Transportation Improvement Program (TIP), which was adopted February 12, 2007, the City of Round Rock's 2004 Transportation Master Plan, and the Williamson County Road Bond Program. The proposed improvements are • intended to increase capacity of an existing roadway and reduce congestion. Median breaks and turn lanes would be provided at intersecting streets. The proposed project would be developed in accordance with applicable rules and regulations and an environmental evaluation would be prepared. In conjunction with the services to be provided by the ENGINEER, as described in Exhibit B, the CITY shall provide the following, as available: I ROUTE AND DESIGN STUDIES (Function Code 110) 1. Provide electronic copies of schematic documents (if available). 2. Provide background information for design including: a. Proposed typical sections for all roadways (including cross streets) b. Proposed pavement sections/design if available 3. The CITY shall host a design concept conference to be held early in the project to identify the roadway design criteria, project objectives, and local requirements of the project. The conference will also be used to identify the standard details that will be incorporated into the design. Copies of the design criteria will be furnished by the ENGINEER and will be finalized upon completion of the design conference. II. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) 1. The CITY shall provide copies of previous available previous meetings information, schematic, plans (Wyoming Springs and connecting streets), environmental studies, reports and other documents related to the project, including but not limited to analyses of endangered species, wetlands and other environmental issues necessary to complete the project. III. RIGHT-OF-WAY DATA (Function Code 130) 1. The CITY shall provide previous dedicated Rights -of -Way (ROW) parcel sketches, field notes for existing ROW (if available). IV. FIELD SURVEYING (Function Code 150) 1. Surveying - The CITY shall provide all existing surveys (if available) available to the ENGINEER. V ROADWAY DESIGN CONTROLS (Function Code 160) 1. Traffic Volumes - The ENGINEER shall use current and projected traffic information, based on study information available. 2. Pavement Design - The CITY shall review and approve ENGINEER's proposed pavement design or geotechnical borings. 3. Estimate and Quantity Sheets and General Notes - The CITY will supply current specification and general notes if any for review by the ENGINEER. The ENGINEER will incorporate into the PS&E CITY specifications and general notes, as applicable. DRAINAGE (Function Code 161) 1. CITY shall provide all previous Drainage Impact Study information available (including the HEC -1 and HEC -2, if desired), and drainage and flood control impact evaluation material, preliminary drainage engineering information related to the Engineer's focus area for design, if available. 2. CITY shall provide input into the types of landscaping design and Pedestrian Underpass. (if applicable) aesthetics. VII. SIGNING, MARKINGS, AND SIGNALIZATION (Function Code 162) 1. Standards - The CITY shall provide copies of Standards for signage and pavement markings for inclusion in the PS&E packages. VIII. MISCELLANEOUS (Function Code 163) 1. Agreements — With direction and coordination provided by the CITY, the ENGINEER shall be responsible for securing necessary agreements pertaining to the utilities and traffic signals as necessary. The ENGINEER shall be responsible for construction permits from TxDOT for connection to State facilities at RM 620. 2. CITY shall provide copies of appropriate and applicable Standard sheets. 3. CITY shall relay approvals for local, regional, state and federal agencies and provide assistance, as necessary, to obtain necessary data, information, and approvals from the various agencies. 4. CITY shall provide reviews according to the following design plan review schedule: PLAN REVIEW TURNAROUND TIMES 60% PLAN REVIEW: 5 Business Days 90% PLAN REVIEW: 10 Business Days 100% PLAN REVIEW: 10 Business Days EXHIBIT B ENGINEERING SERVICES KLOTZ ASSOCIATES (ENGINEER) WYOMING SPRINGS PROJECT CITY OF ROUND ROCK, TEXAS From: Brightwater Blvd. To: RM 620 Length: 0.91 miles County: Williamson PROJECT DESCRIPTION The City of Round Rock, in cooperation with the County of Williamson, is developing a project to widen Wyoming Springs Drive from Brightwater Boulevard to RM 620 in southern Williamson County. The proposed improvements would widen the existing two-lane roadway to the ultimate four -lane major arterial divided (MAD 4) roadway. The proposed improvements would include constructing within existing right-of-way the fmal two lanes of the four -lane divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary School, sidewalks, bicycle accommodations and drainage. These improvements are in accordance with the Capital Area Metropolitan Planning Organization 2008-2011 Transportation Improvement Program (TIP), which was adopted February 12, 2007, the City of Round Rock's 2004 Transportation Master Plan, and the Williamson County Road Bond Program. The proposed improvements are intended to increase capacity of an existing roadway and reduce congestion. Median breaks and turn lanes would be provided at intersecting streets. The proposed project would be developed in accordance with applicable rules and regulations and an environmental evaluation would be prepared. In conjunction with the services to be provided by the CITY, as described in Exhibit A, the ENGINEER shall provide the following engineering services: ROUTE AND DESIGN STUDIES (Function Code 110) A. Data Collection & Field Reconnaissance. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the CITY in writing whenever the Engineer finds disagreement with collected information. The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer's office) of notable existing features. B. Roadway and Hydraulic Design Criteria. The Engineer shall design the project according to the City of Round Rock Design and Construction Standards / Specifications (DACS) - Transportation Criteria, Drainage Criteria, Pavement Criteria, Standards and Specifications Manual for a MAD 4 roadway (45 MPH). The Engineer shall supply project specific design criteria (typical sections, design exceptions, etc.) to be inserted into the Design Criteria Report for discussion at the Design kick-off meeting. C. Geotechnical Borings. The Engineer shall determine the location of proposed soil borings for pavement analysis / design, embankment settlement analysis, slope stability, and along storm sewer alignment. The CITY shall provide final review and approval of all pavement design developed by the Engineer. Engineer will perform pavement design services (see attached Geotechnical scope and fee) which will include: survey boring locations in the field by station, offset and elevation; drill a total of eleven pavement borings to a maximum depth of 15 ft (typically 5 feet) below existing grade performing Standard Penetration Tests and collect samples of subgrade; perform Texas Triaxial and/or California Bearing Ratio testing; provide pavement design analyses utilizing FPS 19 based on the tested subgrade characteristics and traffic loading conditions provided by the CITY DACS; and provide a written pavement design report for the project. This scope of services and estimated cost assumes that only minor traffic control will be required, and that all boring locations will be accessible to a truck mounted drill rig. If the above proves to be incorrect, special equipment and traffic control devices will be subcontracted and billed to CITY at cost, plus the cost for coordination will be billed in accordance with the hourly rate established for Field Coordination. The CITY DACS will be used for the pavement design criteria and for pavement design. D. Design Concept Conference. The Engineer shall plan to attend and document a Design Concept Conference (DCC). Personnel from the CITY and the County (invited) will participate. The Engineer shall prepare Wyoming Springs aerial map, typical sections and Design Criteria for the DCC. The conference will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on: 1. Roadway and drainage design parameters 2. Engineering and environmental constraints 3. Project development schedule 4. Other issues as identified by the. CITY 5. Identify any Design Exceptions and/or waivers, if applicable 6. Pavement Design 7. Hydraulic Design 8. Design Summary Form 9. Typical Sections. E. Probable Cost of Construction. The Engineer will develop a probable cost of construction (one estimate during schematic development) utilizing the approved roadway design criteria and the Average Low Bid Unit Prices for Construction located on the TxDOT website or other cost information provided by the CITY. F. Design Schematic. The Engineer will develop a design schematic (1" = 100' roll plot) utilizing the construction plans (provided by the CITY), utilizing the approved roadway design criteria and information from the Design Concept Conference (DCC) to be utilized for obtaining the environmental clearance. The schematic layouts will include the basic information necessary for the proper review and evaluation of the proposed improvements. The basic information needed on the schematic is as follows: • General project information including project limits, design speed, and functional classification. • The location of roadways. • Tentative right of way limits. • Culverts. • The geometries (pavement cross slope, super -elevation, lane and shoulder widths, slope ratio for fills and cuts) of the typical sections of proposed highway roadway and crossroads. • Location of retaining walls (if required). • The proposed traffic volumes and, as applicable, turning movement volumes. • Direction of traffic flow on all roadway lanes. • CITY aerial for background information. • Existing roadways and structures to be closed or removed. SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) (See attached Public Involvement and Environmental scope and fee) 1. Coordinate with the environmental consultant. 2. Attend up to 12 small group Stakeholder meetings. 3. Prepare exhibits and maps for two public presentations. Attend and make presentations at two public / open house meetings. RIGHT-OF-WAY DATA (Function Code 130) Utility Adjustments. The Engineer shall be responsible for the utility relocation coordination tasks, with direction and coordination provided by the CITY. This will include the design of Water / Waste Water ** relocations within the project if required. This, will also include the Stone Canyon Sign at RM 620, if sign is permitted. ENGINEER's Surveyor will provide for one -call of utilities and pothole as required. Separate Utility P&P sheets will be provided. Right -of -Way. The Engineer shall be responsible for the review of surveying and right-of-way pin location(s) and schematic review from surveyor. This will include the surveying of existing ROW pins or markers within the project. The identified ROW will be shown on the schematic. FIELD SURVEYING (Function Code 150) (see attached Survey scope and fee) Field Surveying. The Engineer's Surveyor shall establish the benchmark coordinates and control for the project. ROADWAY DESIGN (Function Code 160) All design criteria; standards and specifications will use the CITY DACS Manuals. A. Finalize Horizontal and Vertical Alignments. The Engineer shall design the horizontal and vertical alignment for the project. Minor modifications in the alignment will be considered to provide optimal design. Modifications must be coordinated with the CITY. Plan and Profile views shall be developed. B. Typical Sections: Typical sections shall be required for all proposed and existing roadways and structures. Typical sections shall include width of travel lanes, directional traffic arrows, shoulders, outer separations, border widths, curb offsets and ROW. The typical section shall also include Profile Grade Line (PGL), centerline, pavement design, longitudinal joints, side slopes, sod/seeding limits and sidewalks, station limits, common proposed/existing structures including retaining walls. C. Intersection Layout / Grading Plans: The Engineer shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout shall include the curb returns, geometrics, transition length, stationing, pavement and drainage details. The Engineer shall design for the proposed pavement width and provide a transition to the existing roadway(s). D. Design Cross Sections / Cut and Fill Quantities. The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 50 foot intervals. Annotation shall include at a minimum existing / proposed ROW, side slopes (front and back), profiles, etc. Cross sections shall be delivered in standard GEOPAK format on roll plots for review and 11"x17" sheets for the plans (if required) and electronic files. The Engineer shall provide all criteria and input files used to generate the design cross sections. Cross sections and quantities shall consider existing pavement removals (if any). The Engineer at the 60% and 90% submittals shall submit two sets of drawings. E. Plan Preparation. The Engineer shall prepare roadway plans, profiles and typical sections for the proposed improvements. This scope of services and the corresponding cost proposal are based on the Engineer preparing plans to construct main lanes and cross street tie-in at intersections. Review plans (3 each) shall be 24" X 36" (full-size) and final plans (5 each) shall be 11" X 17". The plans shall generally include the following sheets: 1. Title Sheet 2. Project Layout 3. Survey Data 4. Typical Sections 5. General Notes 6. Quantity Sheets 7. Traffic Control & Construction Sequence 8. Traffic Control Standards & DetaiIs 9. Pavement Removal Plan 10. Plan & Profile 11. Utility Plan & Profile 12. Intersection and Driveway Details (4" conduit at major intersections) 13. Roadway Standards & Details 14. Drainage Plans 15. Storm Sewer layouts and design 16. Drainage Standards & Details 17. Utility Plan 18. Utility Standards & Details 19. Structural Plans (Retaining Walls if required) 20. Structural Standards & Details 21. Traffic Signals and Illumination (RM 620) 22. Traffic Signal and Illumination Standards & Details 23. Pavement Markings and Signing Plans 24. Pavement Markings and Signing Standards & Details 25. Erosion Control 26. Erosion Control Standards & Details 27. Cross Sections 28. Other F. Pavement Design. The typical sections and previous Wyoming Springs pavement design will be furnished if available to the Engineer for the project. The Engineer shall evaluate the pavement section design and perform a supplemental design. Engineer shall procure the services of a geotechnical Engineer for use in the pavement design evaluations. G. Pavement Design Management. The Engineer shall perform site visits to the project as necessary. Coordinate with the Geotechnical Engineer on the pavement design. The CITY shall perform the final review and approval of pavement design developed by the Engineer. DRAINAGE DESIGN (Function Code 161) A. Perform final hydrologic and hydraulic computations and analysis of existing, proposed and / or revised detention ponds. B. Culvert and Storm Drain Design. The Engineer shall develop design details that minimize the interference with the passage of traffic or incur damage to the highway and local property. The Engineer shall provide layouts, drainage area maps, and design of all drainage components. The Engineer shall design all conventional storm drainage and cross drainage using City of Round Rock design criteria, and any specific program guidance provided by the CITY. Storm drain design shall be performed using WinStorm or GEOPAK Drainage. Cross drainage design shall be performed using THYSYS, THYSYS CULVERT or HEC 2 (as required). When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic gradeline throughout the whole system, within project limits, for the design frequency(ies) and make necessary system adjustments. The Engineer shall coordinate with the CITY any proposed changes to the detention systems. The CITY will assess the effects of such changes on the comprehensive drainage studies. The Engineer shall perform the following: 1. Prepare culvert cross sections. 2. 3. Identify areas requiring trench protection, excavation, shoring and de -watering. Prepare drainage area maps. 4. Prepare plan/profile sheets for storm drain systems and outfall ditches. 5. Select standard details from CITY DACS or TxDOT (as applicable) list of standards for items such as traffic control, traffic signals, inlets, manholes, junction boxes and end treatment, etc. 6. Prepare details for non-standard inlets, manholes and junction boxes. 7. Prepare drainage details for outlet protection, outlet structures and utility accommodation structures. 8. Identify pipe strength requirements. 9. Prepare drainage facility quantity summaries. 10. Prepare design for up to two water quality ponds if necessary. 11. Identify potential utility conflicts and design around them, wherever possible. 12. Take into consideration pedestrian facilities, utility impacts, driveway grades, retaining wall and drainage impacts. 13. Identify existing ground elevation profiles at the ROW lines on storm sewer plan and profile sheets. 14. Prepare Hydraulic Data Sheets for Bridge Class Culvert(s). C. Water Pollution Abatement Plans (WPAP), Contributing Zone Plans (CZP), Storm Water Pollution Prevention Plans (SW3P) and Ponds. The Engineer shall complete a WPAP or CZP as required. An SW3P shall be developed on separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving waterways. The SW3P shall include text describing the plan, quantities, type, phase and locations of erosion control devices and any required permanent erosion control measures. D. Temporary drainage facilities. The Engineer shall develop plans for temporary drainage facilities necessary to allow staged construction of the project and to conform with the phasing of adjacent construction projects without significant impact to the hydraulic capacity of the area. E. Layout, Structural Design and Detailing of Drainage Features. The Engineer shall perform layout, structural design and detailing for the following: 1. Culverts: New culverts; culvert replacement (if required). 2. Storm Sewers: New or modified storm sewers; inlets; manholes; trunk lines. 3. Outfall channels within existing ROW 4. Retaining Walls The Engineer shall use CITY standard details where practical. SIGNING, MARKINGS & SIGNALIZATION (Function Code 162) 1. Signing and Marking Layout - All signing and pavement marking will be shown on plan sheets in accordance with TxMUTCD. 2. Sign Details - The Engineer shall detail non-standard signs or marking details required for the project. CITY DACS or TxDOT standards (as applicable) shall be utilized whenever possible. 3. Traffic Signals a. Plan Sheets - The Engineer shall develop the revised traffic signal layout for existing signal at the intersection of RM 620 and Wyoming Springs. The layouts shall include existing traffic control that will remain (signs and markings), existing utilities, proposed roadway improvements, proposed installation, proposed additional traffic controls, and if required, proposed illumination. b. Elevation Sheets - The Engineer shall develop an elevation sheet showing the vertical clearance required for span wire modification design on the signal plans. c. Phase Sequence Diagrams - The Engineer shall modify the phase sequence diagrams that will include signal locations, signal indication, phase diagram, signal sequence table, flashing operation (normal to emergency), interval timing, cycle length and offset. d. Signal Standards/Detail Sheets - The Engineer shall use TxDOT standard sheets and CITY detail sheets for construction details including poles, detectors, pull box and conduit layout, and controller foundation standard sheet. e. General Requirements • Utility Coordination — The Engineer shall coordinate with the CITY or owner in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify the potential overhead utility conflicts, and coordinate with the CITY and the utility companies to help resolve the conflicts. We will use the CITY bi-weekly Utility Coordination meetings as necessary. • Governing Specifications - The Engineer shall use TxDOT specifications and provisions required for the TxDOT traffic signal modification at RM 620. The CITY will be coordinated with for traffic signal design or modifications. f. The Engineer will perform a traffic signal operations analysis for turn lanes and other geometric alternatives for the proposed project. The existing and projected traffic volumes will be analyzed to determine the necessary lane configurations. A brief technical memorandum will be prepared to justify the geometric recommendations (if required). MISCELLANEOUS (Function Code 163) 1. Title Sheet and Index of Sheets. The Engineer will prepare a title sheet and Index of Sheets in accordance with CITY DACS. 2. Sequence of Construction. The Engineer will prepare a sequence of construction for the overall project. After review by the CITY, comments will be incorporated for the fmal PS&E and the detailed traffic control plans will then be prepared. 3. Traffic Control Plan. The Engineer will prepare detailed traffic control plans based on the approved overall sequence of construction. CITY / TxDOT construction standards will be incorporated into the traffic control plans. 4. Construction Schedule. The Engineer shall prepare a construction schedule, which will identify the major items of work for the construction project. Construction time determination shall be developed for 90% and final submittals. 5. Compute and Tabulate Quantities. The Engineer shall compute quantities that are required for pay items, and those quantities identified by the CITY as necessary for inclusion for contractor's information only. Quantities shall be shown in the plan sheets and the project manual bid form. 6. Specifications and General Notes. The CITY shall furnish an electronic listing of the current general notes, standard specifications, and special specifications that will be utilized for the project. The Engineer will prepare any special specifications and will work with the CITY to identify the applicable general notes. 7. Roadway Closures. One month prior to the fmal milestone submittal, the Engineer shall prepare an exhibit of any roadway closures, including a narrative, for submission to the CITY and / or Williamson County (Commissioner's Court) for approval of the closure. 8. Agreements & Permits. With direction and coordination provided by the CITY, the Engineer shall assist the CITY in obtaining necessary agreements and or permits pertaining to the utilities, construction and traffic signals as necessary. 9. Data collection. Engineer shall be responsible for record research and coordination necessary for obtaining all record drawings and existing project information, with assistance from the CITY as needed. PEDESTRIAN UNDERPASS DESIGN ** (Function Code 170) Final Design Calculations and Details. Should a Pedestrian Underpass be required at Fern Bluff Elementary School, ENGINEER shall perform design of this underpass upon separate NTP by the CITY. BIDDING PHASE SERVICES 1. Prepare all construction documents, including project manual, for bidding. 2. Attend the pre-bid meeting and furnish construction documents to prospective bidders. 3. Respond to bidder's questions during the bid period. 4. Prepare, distribute project addenda and attend bid period and bid opening. 5. Analyze contractor bids, prepare bid tabulation, check references, and make recommendation for award of the apparent low bidder. 6. Furnish construction documents to awarded contractor. 7. Attend the pre -construction conference. 8. Make periodic site visits and attend construction meetings during construction and report findings and observations. DELIVERABLES ROUTE AND DESIGN STUDIES 1. Schematic on roll plot at 1"=100' 2. Preliminary Probable Cost of Construction (1 estimate this task) 3. Proposed bore location(s) plot for approval 4. Design Criteria report for Design Concept meeting SOCIAL. ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 1. Project Manual denoting findings and recommendations for CITY review 2. Prepare Exhibits and maps for up to two Public Meetings 3. See attached deliverables for Public Involvement and Environmental Sub -consultants RIGHT-OF-WAY DATA and FIELD SURVEYING 1. See attached deliverables for Survey Sub -consultant CONSTRUCTION PLANS (complete) 1. 60% and 90% review copies (3 each) on 24" X 36" sheets 2. 100% construction copies (5 each) on 11" X 17" sheets 3. See attached deliverables for Geotechnical Sub -consultant 4. CITY of Round Rock DACS will be utilized for construction plans BIDDING and CONSTRUCTION PHASE SERVICES 1. Contract documents, including hard copies and electronic files, shall be turned over to the CITY at the completion of the project. Contract documents shall be posted to the CITY's Internet project management database (if utilized) as requested. 2. 100% (Final Bid Package) design submittal (11" X 17" sheets) shall be included. 3. Engineer's Estimated Probable Cost of Construction shall be furnished at the 60%, 90% and Final submittals. Construction time determination shall be developed for 90% and final submittal. 4. Design schedule shall be updated and furnished with each review submittal. 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CO (3 1W� O 0 O QO N Q y W 0 8 8 � W yqO g(� " W O 8 8 F � UO Z N w 8 7 O 8 U wZ R (tl W 0 Ow�Y w 6 w Yr 0 0 0 $ � w i Z 5Z w 6 2 N 0 N O 05 p 4 6 0 8 8 0 6, sc yc U' Z 0 8 1 8 2 3 8 t1 2 Z 122 3 q0 8 a m N PAGE 4 OF 5 0 a 2 og i z z rri w OOg 8 8 b 14. 0 U • 8 O 0 o 8 0 00� 8 8 ^ Z ry 8 8 ~W W V W E6 8 8 edW � 1 W Q 8 8 �- w U 110 z N Z 3 N Fi 8 TASK DESCRIPTION • 9 4 1. N ow o r 33:N3iCF ,. -2z .. 8 i - gB�KP g 9•-•-"a _. ° r t • I CADD I CLERICAL I TOTAL COSTS BY FC TECH yR`twe $ $8808. it v y n 8 ' 1 s 88g888.83 '',f, .^ ' 3 s :w Y a. N `#$ Z a :1 '� O N O N O O O O O O O P I n 5122osF49o800 E: Z_ `�. 0............ 0 0 {g A >' go *q6 x <;OxzSa „ogo p j gib. Pa Oa•22o.. q W Rwoo8F888`rr8.o .q ' t r� ow o o EZ W V Y O g h N N N O g N E. w ` 5P4 1 IT4,22d 000gmoo o g.11 kfl iii :$wN'dior_R igow '°Ff :.:2,5 0 0 0 0 P O O N O ry 0 0 0 04 0 ^ 0410 MQ N o ,� 4 �. r: La o i i t 3 vl UealwaalUUICS(FC 110) EENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (FC 120) � i 5 ! i FtgA nT utalUn OONI NOLO (FC 160) ,....NAGE (PC 161) -----.------ _-_ n Gil �< r t =1 s € cmcn i rnvdet; I AN) SUe.CONSULTANTS (FC 164) EDESTR(AN UNDERPASS DESIGN (FC 170)" ..`. u�i `l$ 5'wSSz g u2 �i ttW 1 4 IGIK NtT1K5 PERCENT TOTAL HOURS u2 g1 M ec 3 2._ €q � n N1, j IROLL PLOTS (200 Teot $6.00 per toot) REVIEW PLOTS (mar. 500 Q $2.00 per plot) $ .:g N f0 Q�g §M -R FF I PHOTO COPES (8 112-x11"; 2500 ® 50.10 per copy) PHOTO COPIES (11"r1T 4000 © 20.15 per copy) � 4Q' $ isi o`=l 8 ;m1, X _ M ti i Z4 � A a IsMISC., PHONE, ETC.• UBTOTAL DIRECT EXPENSES i„ I i ENVIRONMENTALLIFC 120t (Coo I Mcla1 .-..--.-.... • gi _ 8 u'i PUBLIC INVOLVEMENT (FC 120) (CD&P) i 0 W ,. 2, s5 gyp+.• N 0 0, 0 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE Date: 05/30/08 TDI number required. Please refer to the PRODUCER: Texas Dept of Insurance website: http://www.tdi.state.tx.us/ UST SOUTHWEST 840 GESS,NER STE 600 HOUSTON rX /MA Phone: 711-490-4651 nail: INSURED: KLOTZ ASSOCIATES INC 1160 DA RY ASHFORD STE 500 HOUSTON TX //0/9 Phone: 281-589— / Zt/mail: THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies fisted above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY LIMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY EXCESS LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LIABILJTY AE814325 12/01/07 12/01/08 ANNUALPAGGR ATE 14:888:880 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 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 thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. 221 E. Main Street Round Rock, Texas 78664 CERTIFICATE HOLDER: City Manager City of Round Rock SIG • �' �,�•' SED IN STATE OF TEXAS Typed ame: 128384 00650 —1-2008 BETHANY LOVING Title: SENIOR VICE PRESIDENT Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A EVANSTON INSURANCE COMPANY 101054 B c D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies fisted above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY LIMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY EXCESS LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LIABILJTY AE814325 12/01/07 12/01/08 ANNUALPAGGR ATE 14:888:880 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 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 thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. 221 E. Main Street Round Rock, Texas 78664 CERTIFICATE HOLDER: City Manager City of Round Rock SIG • �' �,�•' SED IN STATE OF TEXAS Typed ame: 128384 00650 —1-2008 BETHANY LOVING Title: SENIOR VICE PRESIDENT Page 2 Certificate of Liability Insurance CERTIFICATE OF LIABILITY INSURANCE PRODUCER; ACECIMarsh 701 Market Street. Ste 1100 St. Los$;.M9 63101 phans:800-338.1391 E mail: INSURED: K1oIL Associates, Inc 1160JJajry Ashford St. Ste,500 Houston. TX 77079 phone:281-589.7257 E p ail THIS 1S TO CERTIFY THAT the Insured named above to I..,...,.....r ,.,o vv.nFrw,xns n�ww a4vw w,m raspuc w Tree nualnes l' Open tIOns 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 aro noted below. Date: 4/25/08 701 number required Please refer to the Texas Dept of Insurance website: bttn:/hwrw.tdLetate.tx.us/ CO TYPE OF POLICY LTR INSURANCE NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY 64SBWK 1609 11/01/07 11/01/08 GENERAL AGGREGATE $ 2.000,000 PRODUCTS-COMP/OP AGO. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 11.000,000 FIRE DAMAGE (Any one fire) 51,000,000 MED. EXPENSE (Any one person) $10,000 A AUTOMOBILE LIABILITY 64UEGRF3961 11/01/07 11/01/08 COMBINED SINGLE LIMIT 51.000,000 BODILY INJURY (Per person) $ • •- .. a _ ._ PROPERTY DAMAGE $ . A EXCESS UASILITY 84SBWKB1609 11/01/07 11/01/08 EACH OCCURRENCE *4,000.000 AGGREGATE $4.000,000 A WORKERS' COMPENSATION 84WBGFQi368 11/01/07 11/01/08 STATUTORY LIMIT$ MID EMPLOYERS' LIABIUTY EACH ACCIDENT 11,000,000 ,....• SE - POLICY UNIT ..11400.004 DISEASE - EACH EMPLOYEE 51,000,000 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERAT10NSSLOCATIONS/VEHICLEBISPECIAL ITEMS/EXCEPTIONS The City of Round Rock Is rump's, as additional Insured with respect to ell policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability' 8hould any of the above described policies be cancelled or Changed before the expiration date thereof, the Issuing company will mall thirty (30) days written notice to the certifies% holder named below. CERTIFICATE HOLDER: City Manager City of Round Rode 810VTU F A S INS TE OF TEXAS 221E Math Street `//((,' /� Round Rock. Terri 78664 4! LL 00650 — 1-2008 Typed Name: _Alfred A Peterfeso Title: Sr. Vice Presiders Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Hartford Acddant & Indemnity 38500 B C 0 CO TYPE OF POLICY LTR INSURANCE NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY 64SBWK 1609 11/01/07 11/01/08 GENERAL AGGREGATE $ 2.000,000 PRODUCTS-COMP/OP AGO. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 11.000,000 FIRE DAMAGE (Any one fire) 51,000,000 MED. EXPENSE (Any one person) $10,000 A AUTOMOBILE LIABILITY 64UEGRF3961 11/01/07 11/01/08 COMBINED SINGLE LIMIT 51.000,000 BODILY INJURY (Per person) $ • •- .. a _ ._ PROPERTY DAMAGE $ . A EXCESS UASILITY 84SBWKB1609 11/01/07 11/01/08 EACH OCCURRENCE *4,000.000 AGGREGATE $4.000,000 A WORKERS' COMPENSATION 84WBGFQi368 11/01/07 11/01/08 STATUTORY LIMIT$ MID EMPLOYERS' LIABIUTY EACH ACCIDENT 11,000,000 ,....• SE - POLICY UNIT ..11400.004 DISEASE - EACH EMPLOYEE 51,000,000 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERAT10NSSLOCATIONS/VEHICLEBISPECIAL ITEMS/EXCEPTIONS The City of Round Rock Is rump's, as additional Insured with respect to ell policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability' 8hould any of the above described policies be cancelled or Changed before the expiration date thereof, the Issuing company will mall thirty (30) days written notice to the certifies% holder named below. CERTIFICATE HOLDER: City Manager City of Round Rode 810VTU F A S INS TE OF TEXAS 221E Math Street `//((,' /� Round Rock. Terri 78664 4! LL 00650 — 1-2008 Typed Name: _Alfred A Peterfeso Title: Sr. Vice Presiders Page 2 Certificate of Liability Insurance 10D2. — SUBSTITUTE BLUE SHEET DATE: June 19, 2008 SUBJECT: City Council Meeting — June 26, 2008 ITEM: 10D2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Klotz Associates, Inc. for the Wyoming Springs Drive — Widening Project. Department: Staff Person: Justification Transportation Services Thomas G. Martin, P.E., Director of Transportation Services This contract will provide the necessary engineering and technical services for the preparation of Plans, Specifications and Estimates to widen Wyoming Springs Drive from the existing two-lane roadway to the ultimate four -lane major arterial roadway. The limits are from Brightwater Boulevard to RM 620. Funding: Cost: $577,600.00 Source of funds: 4B — Round Rock Transportation System Development Corporation Outside Resources: Klotz Associates, Inc. Background Information: The City of Round Rock, in cooperation with the Williamson County, is developing a project to widen Wyoming Springs Drive from Brightwater Boulevard to RM 620 in Williamson County. The proposed improvements would widen the existing two-lane roadway to the ultimate four -lane roadway. The proposed improvements would include constructing within existing ROW the final two lanes of the four -lane divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary School, sidewalks, bicycle accommodations and drainage. The proposed improvements are intended to increase capacity of an existing roadway and reduce congestion for the traveling public. Public Comment: N/A Executed Document Follows RO(INDRIX nmro.�[q�Ww ROUND ROCK, TEXAS PURPOSE. PASSION; PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KLOTZ ASSOCIATES, INC. ("Engineer") ADDRESS: 901 S MoPac Expressway Bldg V, Ste 220, Austin, TX 78746 PROJECT: Wyoming Springs Drive — Widening THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the'‘:4'`day of 11jj4-e, , 2008 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 01/07 0127.6015; 139299 00064494 TX04WY0 1.-O -2‘ -tam. 1. 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 defmite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (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. 2. 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 Five Hundred Seventy-seven Thousand, Six Hundred and No/100 Dollars ($577,600.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Transportation Engineering Associate 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3237 Fax Number (512) 218-3242 Email Address bstablein@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: Bill Caffey, P.E. Senior Project Manager 901 S MoPac Expressway Bldg V, Ste 220 Austin, TX 78746 Telephone Number: (512) 328-5771 Cell Number: (512) 964-0311 Fax Number: (512) 328-5774 Email Address: Bill.caffey@klotz.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental 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 the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 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 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately 8. 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. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending 9. claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 10. (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. 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. 11. 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 12. Engineer: Scott Dukette, PE Vice President Klotz Associates, Inc. 901 S MoPac Expressway Bldg V, Ste 220 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be govemed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 13. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS AP ' R e VED AS TO ORM: By: Alan McGraw, Mayor ATTEST: BY 9444/L taikte Sara White, City Secretary KLOTZ ASSOCIATES, INC. By: 14. Steph L. 411'4 heets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance Exhibit A City Services The City of Round Rock will furnish to the Engineer the following items/information: WYOMING SPRINGS PROJECT CITY OF ROUND ROCK, TEXAS From: Brightwater Blvd. To: RM 620 Length: 0.91 miles County: Williamson PROJECT DESCRIPTION The City of Round Rock, in cooperation with the County of Williamson, is developing a project to widen Wyoming Springs Drive from Brightwater Boulevard to RM 620 in southern Williamson County. The proposed improvements would widen the existing two-lane roadway to the ultimate four -lane major arterial divided (MAD -4) roadway. The proposed improvements would include constructing within existing right-of-way the final two lanes of the four -lane divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary School, sidewalks, bicycle accommodations and drainage. These improvements are in accordance with the Capital Area Metropolitan Planning Organization 2008-2011 Transportation Improvement Program (TIP), which was adopted February 12, 2007, the City of Round Rock's 2004 Transportation Master Plan, and the Williamson County Road Bond Program. The proposed improvements are • intended to increase capacity of an existing roadway and reduce congestion. Median breaks and turn lanes would be provided at intersecting streets. The proposed project would be developed in accordance with applicable rules and regulations and an environmental evaluation would be prepared. In conjunction with the services to be provided by the ENGINEER, as described in Exhibit B, the CITY shall provide the following, as available: I ROUTE AND DESIGN STUDIES (Function Code 110) 1. Provide electronic copies of schematic documents (if available). 2. Provide background information for design including: a. Proposed typical sections for all roadways (including cross streets) b. Proposed pavement sections/design if available 3. The CITY shall host a design concept conference to be held early in the project to identify the roadway design criteria, project objectives, and local requirements of the project. The conference will also be used to identify the standard details that will be incorporated into the design. Copies of the design criteria will be furnished by the ENGINEER and will be finalized upon completion of the design conference. II. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) 1. The CITY shall provide copies of previous available previous meetings information, schematic, plans (Wyoming Springs and connecting streets), environmental studies, reports and other documents related to the project, including but not limited to analyses of endangered species, wetlands and other environmental issues necessary to complete the project. III. RIGHT-OF-WAY DATA (Function Code 130) 1. The CITY shall provide previous dedicated Rights -of -Way (ROW) parcel sketches, field notes for existing ROW (if available). IV. FIELD SURVEYING (Function Code 150) 1. Surveying - The CITY shall provide all existing surveys (if available) available to the ENGINEER. V. ROADWAY DESIGN CONTROLS (Function Code 160) 1. Traffic Volumes - The ENGINEER shall use current and projected traffic information, based on study information available. 2. Pavement Design - The CITY shall review and approve ENGINEER's proposed pavement design or geotechnical borings. 3. Estimate and Quantity Sheets and General Notes - The CITY will supply current specification and general notes if any for review by the ENGINEER. The ENGINEER will incorporate into the PS&E CITY specifications and general notes, as applicable. VI. DRAINAGE (Function Code 161) 1. CITY shall provide all previous Drainage Impact Study information available (including the HEC -1 and HEC -2, if desired), and drainage and flood control impact evaluation material, preliminary drainage engineering information related to the Engineer's focus area for design, if available. 2. CITY shall provide input into the types of landscaping design and Pedestrian Underpass. (if applicable) aesthetics. VII. SIGNING, MARKINGS, AND SIGNALIZATION (Function Code 162) 1. Standards - The CITY shall provide copies of Standards for signage and pavement markings for inclusion in the PS&E packages. VIII. MISCELLANEOUS (Function Code 163) 1. Agreements — With direction and coordination provided by the CITY, the ENGINEER shall be responsible for securing necessary agreements pertaining to the utilities and traffic signals as necessary. The ENGINEER shall be responsible for construction permits from TxDOT for connection to State facilities at RM 620. 2. CITY shall provide copies of appropriate and applicable Standard sheets. 3. CITY shall relay approvals for local, regional, state and federal agencies and provide assistance, as necessary, to obtain necessary data, information, and approvals from the various agencies. 4. CITY shall provide reviews according to the following design plan review schedule: PLAN REVIEW TURN -AROUND TIMES 60% PLAN REVIEW: 5 Business Days 90% PLAN REVIEW: 10 Business Days 100% PLAN REVIEW: 10 Business Days EXHIBIT B ENGINEERING SERVICES KLOTZ ASSOCIATES (ENGINEER) WYOMING SPRINGS PROJECT CITY OF ROUND ROCK, TEXAS From: Brightwater Blvd. To: RM 620 Length: 0.91 miles County: Williamson PROJECT DESCRIPTION The City of Round Rock, in cooperation with the County of Williamson, is developing a project to widen Wyoming Springs Drive from Brightwater Boulevard to RM 620 in southern Williamson County. The proposed improvements would widen the existing two-lane roadway to the ultimate four -lane major arterial divided (MAD 4) roadway. The proposed improvements would include constructing within existing right-of-way the final two lanes of the four -lane divided roadway, raised medians, curb and gutter, safety improvements at Fern Bluff Elementary School, sidewalks, bicycle accommodations and drainage. These improvements are in accordance with the Capital Area Metropolitan Planning Organization 2008-2011 Transportation Improvement Program (TIP), which was adopted February 12, 2007, the City of Round Rock's 2004 Transportation Master Plan, and the Williamson County Road Bond Program. The proposed improvements are intended to increase capacity of an existing roadway and reduce congestion. Median breaks and turn lanes would be provided at intersecting streets. The proposed project would be developed in accordance with applicable rules and regulations and an environmental evaluation would be prepared. In conjunction with the services to be provided by the CITY, as described in Exhibit A, the ENGINEER shall provide the following engineering services: ROUTE AND DESIGN STUDIES (Function Code 110) A. Data Collection & Field Reconnaissance. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the CITY in writing whenever the Engineer finds disagreement with collected information. The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer's office) of notable existing features. B. Roadway and Hydraulic Design Criteria. The Engineer shall design the project according to the City of Round Rock Design and Construction Standards / Specifications (DACS) - Transportation Criteria, Drainage Criteria, Pavement Criteria, Standards and Specifications Manual for a MAD 4 roadway (45 MPH). The Engineer shall supply project specific design criteria (typical sections, design exceptions, etc.) to be inserted into the Design Criteria Report for discussion at the Design kick-off meeting. C. Geotechnical Borings. The Engineer shall determine the location of proposed soil borings for pavement analysis / design, embankment settlement analysis, slope stability, and along storm sewer alignment. The CITY shall provide final review and approval of all pavement design developed by the Engineer. Engineer will perform pavement design services (see attached Geotechnical scope and fee) which will include: survey boring locations in the field by station, offset and elevation; drill a total of eleven pavement borings to a maximum depth of 15 ft (typically 5 feet) below existing grade performing Standard Penetration Tests and collect samples of subgrade; perform Texas Triaxial and/or California Bearing Ratio testing; provide pavement design analyses utilizing FPS 19 based on the tested subgrade characteristics and traffic loading conditions provided by the CITY DACS; and provide a written pavement design report for the project. This scope of services and estimated cost assumes that only minor traffic control will be required, and that all boring locations will be accessible to a truck mounted drill rig. If the above proves to be incorrect, special equipment and traffic control devices will be subcontracted and billed to CITY at cost, plus the cost for coordination will be billed in accordance with the hourly rate established for Field Coordination. The CITY DACS will be used for the pavement design criteria and for pavement design. D. Design Concept Conference. The Engineer shall plan to attend and document a Design Concept Conference (DCC). Personnel from the CITY and the County (invited) will participate. The Engineer shall prepare Wyoming Springs aerial map, typical sections and Design Criteria for the DCC. The conference will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on: 1. Roadway and drainage design parameters 2. Engineering and environmental constraints 3. Project development schedule 4. Other issues as identified by the. CITY 5. Identify any Design Exceptions and/or waivers, if applicable 6. Pavement Design 7. Hydraulic Design 8. Design Summary Form 9. Typical Sections. E. Probable Cost of Construction. The Engineer will develop a probable cost of construction (one estimate during schematic development) utilizing the approved roadway design criteria and the Average Low Bid Unit Prices for Construction located on the TxDOT website or other cost information provided by the CITY. F. Design Schematic. The Engineer will develop a design schematic (1" = 100' roll plot) utilizing the construction plans (provided by the CITY), utilizing the approved roadway design criteria and information from the Design Concept Conference (DCC) to be utilized for obtaining the environmental clearance. The schematic layouts will include the basic information necessary for the proper review and evaluation of the proposed improvements. The basic information needed on the schematic is as follows: • General project information including project limits, design speed, and functional classification. • The location of roadways. • Tentative right of way limits. • Culverts. • The geometrics (pavement cross slope, super -elevation, lane and shoulder widths, slope ratio for fills and cuts) of the typical sections of proposed highway roadway and crossroads. • Location of retaining walls (if required). • The proposed traffic volumes and, as applicable, turning movement volumes. • Direction of traffic flow on all roadway lanes. • CITY aerial for background information. • Existing roadways and structures to be closed or removed. SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) (See attached Public Involvement and Environmental scope and fee) 1. Coordinate with the environmental consultant. 2. Attend up to 12 small group Stakeholder meetings. 3. Prepare exhibits and maps for two public presentations. Attend and make presentations at two public / open house meetings. RIGHT-OF-WAY DATA (Function Code 130) Utility Adjustments. The Engineer shall be responsible for the utility relocation coordination tasks, with direction and coordination provided by the CITY. This will include the design of Water / Waste Water ** relocations within the project if required. This will also include the Stone Canyon Sign at RM 620, if sign is permitted. ENGINEER's Surveyor will provide for one -call of utilities and pothole as required. Separate Utility P&P sheets will be provided. Right -of -Way. The Engineer shall be responsible for the review of surveying and right-of-way pin location(s) and schematic review from surveyor. This will include the surveying of existing ROW pins or markers within the project. The identified ROW will be shown on the schematic. FIELD SURVEYING (Function Code 150) (see attached Survey scope and fee) Field Surveying. The Engineer's Surveyor shall establish the benchmark coordinates and control for the project. ROADWAY DESIGN (Function Code 160) All design criteria; standards and specifications will use the CITY DACS Manuals. A. Finalize Horizontal and Vertical Alignments. The Engineer shall design the horizontal and vertical alignment for the project. Minor modifications in the alignment will be considered to provide optimal design. Modifications must be coordinated with the CITY. Plan and Profile views shall be developed. B. Typical Sections: Typical sections shall be required for all proposed and existing roadways and structures. Typical sections shall include width of travel lanes, directional traffic arrows, shoulders, outer separations, border widths, curb offsets and ROW. The typical section shall also include Profile Grade Line (PGL), centerline, pavement design, longitudinal joints, side slopes, sod/seeding limits and sidewalks, station limits, common proposed/existing structures including retaining walls. C. Intersection Layout / Grading Plans: The Engineer shall provide an intersection layout detailing the pavement design and drainage design at the intersection of each cross street. The layout shall include the curb returns, geometrics, transition length, stationing, pavement and drainage details. The Engineer shall design for the proposed pavement width and provide a transition to the existing roadway(s). D. Design Cross Sections / Cut and Fill Quantities. The Engineer shall develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 50 foot intervals. Annotation shall include at a minimum existing / proposed ROW, side slopes (front and back), profiles, etc. Cross sections shall be delivered in standard GEOPAK format on roll plots for review and 11"x17" sheets for the plans (if required) and electronic files. The Engineer shall provide all criteria and input files used to generate the design cross sections. Cross sections and quantities shall consider existing pavement removals (if any). The Engineer at the 60% and 90% submittals shall submit two sets of drawings. E. Plan Preparation. The Engineer shall prepare roadway plans, profiles and typical sections for the proposed improvements. This scope of services and the corresponding cost proposal are based on the Engineer preparing plans to construct main lanes and cross street tie-in at intersections. Review plans (3 each) shall be 24" X 36" (full-size) and final plans (5 each) shall be 11" X 17". The plans shall generally include the following sheets: 1. Title Sheet 2. Project Layout 3. Survey Data 4. Typical Sections 5. General Notes 6. Quantity Sheets 7. Traffic Control & Construction Sequence 8. Traffic Control Standards & Details 9. Pavement Removal Plan 10. Plan & Profile 11. Utility Plan & Profile 12. Intersection and Driveway Details (4" conduit at major intersections) 13. Roadway Standards & Details 14. Drainage Plans 15. Storm Sewer layouts and design 16. Drainage Standards & Details 17. Utility Plan 18. Utility Standards & Details 19. Structural Plans (Retaining Walls if required) 20. Structural Standards & Details 21. Traffic Signals and Illumination (RM 620) 22. Traffic Signal and Illumination Standards & Details 23. Pavement Markings and Signing Plans 24. Pavement Markings and Signing Standards & Details 25. Erosion Control 26. Erosion Control Standards & Details 27. Cross Sections 28. Other F. Pavement Design. The typical sections and previous Wyoming Springs pavement design will be furnished if available to the Engineer for the project. The Engineer shall evaluate the pavement section design and perform a supplemental design. Engineer shall procure the services of a geotechnical Engineer for use in the pavement design evaluations. G. Pavement Design Management. The Engineer shall perform site visits to the project as necessary. Coordinate with the Geotechnical Engineer on the pavement design. The CITY shall perform the final review and approval of pavement design developed by the Engineer. DRAINAGE DESIGN (Function Code 161) A. Perform final hydrologic and hydraulic computations and analysis of existing, proposed and / or revised detention ponds. 13. Culvert and Storm Drain Design. The Engineer shall develop design details that minimize the interference with the passage of traffic or incur damage to the highway and local property. The Engineer shall provide layouts, drainage area maps, and design of all drainage components. The Engineer shall design all conventional storm drainage and cross drainage using City of Round Rock design criteria, and any specific program guidance provided by the CITY. Storm drain design shall be performed using WinStorm or GEOPAK Drainage. Cross drainage design shall be performed using THYSYS, THYSYS CULVERT or HEC 2 (as required). When oversized storm drains are used for detention, the Engineer shall evaluate the hydraulic gradeline throughout the whole system, within project limits, for the design frequency(ies) and make necessary system adjustments. The Engineer shall coordinate with the CITY any proposed changes to the detention systems. The CITY will assess the effects of such changes on the comprehensive drainage studies. The Engineer shall perform the following: 1. Prepare culvert cross sections. 2. Identify areas requiring trench protection, excavation, shoring and de -watering. 3. Prepare drainage area maps. 4. Prepare plan/profile sheets for storm drain systems and outfall ditches. 5. Select standard details from CITY DACS or TxDOT (as applicable) list of standards for items such as traffic control, traffic signals, inlets, manholes, junction boxes and end treatment, etc. 6. Prepare details for non-standard inlets, manholes and junction boxes. 7. Prepare drainage details for outlet protection, outlet structures and utility accommodation structures. 8. Identify pipe strength requirements. 9. Prepare drainage facility quantity summaries. 10. Prepare design for up to two water quality ponds if necessary. 11. Identify potential utility conflicts and design around them, wherever possible. 12. Take into consideration pedestrian facilities, utility impacts, driveway grades, retaining wall and drainage impacts. 13. Identify existing ground elevation profiles at the ROW lines on storm sewer plan and profile sheets. 14. Prepare Hydraulic Data Sheets for Bridge Class Culvert(s). C. Water Pollution Abatement Plans (WPAP), Contributing Zone Plans (CZP), Storm Water Pollution Prevention Plans (SW3P) and Ponds. The Engineer shall complete a WPAP or CZP as required. An SW3P shall be developed on separate sheets from (but in conformance with) the TCP, to minimize potential impact to receiving waterways. The SW3P shall include text describing the plan, quantities, type, phase and locations of erosion control devices and any required permanent erosion control measures. D. Temporary drainage facilities. The Engineer shall develop plans for temporary drainage facilities necessary to allow staged construction of the project and to conform with the phasing of adjacent construction projects without significant impact to the hydraulic capacity of the area. E. Layout, Structural Design and Detailing of Drainage Features. The Engineer shall perform layout, structural design and detailing for the following: 1. Culverts: New culverts; culvert replacement (if required). 2. Storm Sewers: New or modified storm sewers; inlets; manholes; trunk lines. 3. Outfall channels within existing ROW 4. Retaining Walls The Engineer shall use CITY standard details where practical. SIGNING, MARKINGS & SIGNALIZATION (Function Code 162) 1. Signing and Marking Layout - All signing and pavement marking will be shown on plan sheets in accordance with TxMUTCD. 2. Sign Details - The Engineer shall detail non-standard signs or marking details required for the project. CITY DACS or TxDOT standards (as applicable) shall be utilized whenever possible. 3. Traffic Signals a. Plan Sheets - The Engineer shall develop the revised traffic signal layout for existing signal at the intersection of RM 620 and Wyoming Springs. The layouts shall include existing traffic control that will remain (signs and markings), existing utilities, proposed roadway improvements, proposed installation, proposed additional traffic controls, and if required, proposed illumination. b. Elevation Sheets - The Engineer shall develop an elevation sheet showing the vertical clearance required for span wire modification design on the signal plans. c. Phase Sequence Diagrams - The Engineer shall modify the phase sequence diagrams that will include signal locations, signal indication, phase diagram, signal sequence table, flashing operation (normal to emergency), interval timing, cycle length and offset. d. Signal Standards/Detail Sheets - The Engineer shall use TxDOT standard sheets and CITY detail sheets for construction details including poles, detectors, pull box and conduit layout, and controller foundation standard sheet. e. General Requirements • Utility Coordination — The Engineer shall coordinate with the CITY or owner in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify the potential overhead utility conflicts, and coordinate with the CITY and the utility companies to help resolve the conflicts. We will use the CITY bi-weekly Utility Coordination meetings as necessary. • Governing Specifications - The Engineer shall use TxDOT specifications and provisions required for the TxDOT traffic signal modification at RM 620. The CITY will be coordinated with for traffic signal design or modifications. f. The Engineer will perform a traffic signal operations analysis for turn lanes and other geometric alternatives for the proposed project. The existing and projected traffic volumes will be analyzed to determine the necessary lane configurations. A brief technical memorandum will be prepared to justify the geometric recommendations (if required). MISCELLANEOUS (Function Code 163) 1. Title Sheet and Index of Sheets. The Engineer will prepare a title sheet and Index of Sheets in accordance with CITY DACS. 2. Sequence of Construction. The Engineer will prepare a sequence of construction for the overall project. After review by the CITY, comments will be incorporated for the final PS&E and the detailed traffic control plans will then be prepared. 3. Traffic Control Plan. The Engineer will prepare detailed traffic control plans based on the approved overall sequence of construction. CITY / TxDOT construction standards will be incorporated into the traffic control plans. 4. Construction Schedule. The Engineer shall prepare a construction schedule, which will identify the major items of work for the construction project. Construction time determination shall be developed for 90% and final submittals. 5. Compute and Tabulate Quantities. The Engineer shall compute quantities that are required for pay items, and those quantities identified by the CITY as necessary for inclusion for contractor's information only. Quantities shall be shown in the plan sheets and the project manual bid form. 6. Specifications and General Notes. The CITY shall furnish an electronic listing of the current general notes, standard specifications, and special specifications that will be utilized for the project. The Engineer will prepare any special specifications and will work with the CITY to identify the applicable general notes. 7. Roadway Closures. One month prior to the final milestone submittal, the Engineer shall prepare an exhibit of any roadway closures, including a narrative, for submission to the CITY and / or Williamson County (Commissioner's Court) for approval of the closure. 8. Agreements & Permits. With direction and coordination provided by the CITY, the Engineer shall assist the CITY in obtaining necessary agreements and or permits pertaining to the utilities, construction and traffic signals as necessary. 9. Data collection. Engineer shall be responsible for record research and coordination necessary for obtaining all record drawings and existing project information, with assistance from the CITY as needed. PEDESTRIAN UNDERPASS DESIGN ** (Function Code 170) Final Design Calculations and Details. Should a Pedestrian Underpass be required at Fern Bluff Elementary School, ENGINEER shall perform design of this underpass upon separate NTP by the CITY. BIDDING PHASE SERVICES 1. Prepare all construction documents, including project manual, for bidding. 2. Attend the pre-bid meeting and furnish construction documents to prospective bidders. 3. Respond to bidder's questions during the bid period. 4. Prepare, distribute project addenda and attend bid period and bid opening. 5. Analyze contractor bids, prepare bid tabulation, check references, and make recommendation for award of the apparent low bidder. 6. Furnish construction documents to awarded contractor. 7. Attend the pre -construction conference. 8. Make periodic site visits and attend construction meetings during construction and report findings and observations. DELIVERABLES ROUTE AND DESIGN STUDIES 1. Schematic on roll plot at 1"=100' 2. Preliminary Probable Cost of Construction (1 estimate this task) 3. Proposed bore location(s) plot for approval 4. Design Criteria report for Design Concept meeting SOCIAL. ECONOMIC, AND ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 1. Project Manual denoting findings and recommendations for CITY review 2. Prepare Exhibits and maps for up to two Public Meetings 3. See attached deliverables for Public Involvement and Environmental Sub -consultants RIGHT-OF-WAY DATA and FIELD SURVEYING 1. See attached deliverables for Survey Sub -consultant CONSTRUCTION PLANS (complete) 1. 60% and 90% review copies (3 each) on 24" X 36" sheets 2. 100% construction copies (5 each) on 11" X 17" sheets 3. See attached deliverables for Geotechnical Sub -consultant 4. CITY of Round Rock DACS will be utilized for construction plans BIDDING and CONSTRUCTION PHASE SERVICES 1. Contract documents, including hard copies and electronic files, shall be tumed over to the CITY at the completion of the project. Contract documents shall be posted to the CITY's Internet project management database (if utilized) as requested. 2. 100% (Final Bid Package) design submittal (11" X 17" sheets) shall be included. 3. Engineer's Estimated Probable Cost of Construction shall be furnished at the 60%, 90% and Final submittals. Construction time determination shall be developed for 90% and final submittal. 4. Design schedule shall be updated and furnished with each review submittal. 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K O � Z N " W to 8 8 8 N F W U � a N 8 8 a 0 8 N TASK DESCRIPTION s S 6 0 O 8 8 2 a O W O 2 4 f_Z7 z it N 0 a 0 0 0 8 CO 8 0 0 a mtK U a O e, 8 .' 2 0 0 N r3g 8 �" N 8 8 8 0 0 8 w 8 8 8 8 a 6 W N ° 8 8 8 w 0 c L d w 5 8 RO O 2 N N E O O f81 8 8 M w K Z a o o 8 8 IN y a W 0 8 N a S M Y N 8 2 Q 5 O 8 8 w8 G c 1 a 0 8 8 m0 W 0 8 0 A 2 8 0 0 0 m N 8 0 z° 0 z 17, owe rU b • U a' U R 8 w o° U U f O 8 8 W t9 � 1DY 8 R 6 u 8 5i 8 8 Q w UO 2 N n 8 w w Z a w 8 O W S!� N a W F M 8 owW W tai 8 9-- 8 9 8 8 s a 1 U 0 2) 0 8 4 5 N PAGE 3 OF 5 U O .O z N la ~ H cn • 0 C di co co 9 J ▪ 0 C C 0 .0 0 E I C 0. O t 4! N ro 8 ti oS 2 O b ID C � Q 2 m � O U 8 8 8 8 8 0 0 a 8 N w a o z 5 8 8 8 rw off^' 8w 0 8 w w w 'oma yzi 8 r a o w 8 8 2 b m 6 i 8 8 N O 8 N TASK DESCRIPTION er, 0:1 2p 2 6 S a � 5 O m 2 Z 2 Z aiSr m 0 O 8 b'' 0 0 8 O 2 0 a aw 20 m O 8 - a w w 0 8 8 8 wO 0 2 N b � w 8 8 8 8 r w 0 a w i3 8 r w O Z a g to to 8 8 a U w� W Z 3 m a 3 !0 8 8 a a 5 5 1* N O 8 0 1 g- 0 a 0 2 2 z 0 2 Z z z 2 z � a � r �u tl 8 8 0 8 7i 0 8 8 a w m 0 O 8 8 � a W 8 2 w 8 w a qO Z N K 2 b 8 0 02 O(7 0 U1 8 r ¢ 0 U Z b � W eo 0 8 8 8 cfs c2)- O (7 m u 3 b 8 8 8 es 8 8 TASK DESCRIPTION O 2 0 0 2 0 f 3 2 8 RESPOND TO BIDDER QUESTIONS O Z s 422 a 0 N PAGE 4 OF 5 03 O Z z O 0 8 8 u U 8 8 sO V 0 1.4 8 0 O U 8 8 W a. N ZUZ 4 W 8 8 W � � w �aN 8 8 W W 8 8 UHU � () W � w 8 tf' r 8 ;8 8 z TASK DESCRIPTION m 0 0 g 0 5 LABOR RATE PER HOUR SUBTOTAL (FC 164) 41, o" of z a a' 43"F'zrR:3m'zzi a r a 4 a a $ g9'• 8 R x -N -e{ : : 2 i. TOTAL COSTS BY FC tri $ N n,. N� .8$88$, Qv� 5. Cv N 888,8.88 � N N $ d 8uim �aM,.M NR SSi ? r - N ` x b $ e iV G $ R E o 9 M.N 6 :8888$888888 5� Q S2S a,Rw ) `S 9i� N si N $ .. Q� �i ' "0 N N ,8 pp 4 "i f N , xr l''' j q 13 Ss ,..E�ix w 6 b { .;. R� w N` S 3 r q p M 9' '8 S In O N O N m 0 0 t0 O O 0l O O ra '-0 1 p., g f._,.22 oma o$ oo! siPi 3 . Fp . W Z,:. Is g o0 000 0 0 0 00 00 0 00 0 v ly 8 N Z odao.Snvoffo;o , f ry R3k r0 ii N R e o o O N 8 f9 r. r O C Q' 14 k' LI N 4 m R N N R N O r• N E!a Lt - ',61-,,'. u„ Z N O o o A A N 7. O,_ N o d yq R �p(F wg , :SbNROr AWgvp N e5 l ry OOOOYOONON000 o N ErN4 §N m poo u al rF sy. DESCRIPTION s • iY ROUTE AND DESIGN STUDIES (FC 110) ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (FC 120) R1GGHT OF WAY / UTILITY— (FC 130) Y (FC1 50) OADWAY DESIGN CONTROLS (FC 160) RAINAGE (FC 161) ING, PVMT. MARK, M SIGNALS (FC 162) MISCELLANEOUS (ROADWAY) (FC 163) ANAGEMENT PROJECT AND SUB -CONSULTANTS (FC 164) EDESTRIAN UNDERPASS DESIGN (FC 170)" AVEMENT DESIGN (FC 160) _ IDDINO PHASE SERVICES (FC 164) ONSTRUCTION PRASE SERVICES (FC 164) OTAL HOURS - PERCENT TOTAL HOURS UBTOTAL LABOR EXPENSES DIRECT EXPENSES MILEAGE (2000 ML 30505 per mile) ROLL PLOTS (200 feet Q S5.00 per foot) --- REVIEW PLOTS (24"336', 500 0 52.00 per plot) PLOTs(11 1r,1500051.00perplot) _ _----� MYLAR (lrs lr, 300 @ 55.00 Per Meet) PHOTO COPIES (812'111'; 2500 0 20.10 par copy) PHOTO COPIES (11"x17". 4000 0 30.15 per copy) PDF/FAXES (100 0 01.00 per page) DELIVERIES (20 0 025.00 per delivery) BIC PRINTING (20 sets of 300 11"317- 0 5015 per copy) CONSTRUCTION PRINTING (10 sets of 3001T11r 0 50.15 per copy) IsMISC.. PHONE, ETC. USTOTAL DIRECT EXPENSES 8 ' 1f N NVIRONMENTAL (FC 120) (Coe ) McLain) fott y W $�. • USLIC INVOLVEMENT (FC 120) (COMP) ., � i .Y n .---- § 8 0 a EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE Date: 05/30/08 TDI number required. Please refer to the PRODUCER: Texas Dept of Insurance website: http:llwww.tdlstate.tx.us/ USI SOUTHWEST 840 GESSNER STE 600 HOUSTON TX 7/0Z4 Phone: 713-440-46 mail: INSURED: KLOTZ ASSOCIATES INC 1160 AIRY ASHFORD STE 500 HOUSTON TX /70/9 Phone: 281-589-12 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY LIMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ A PROFESSIONALLIABILITY AE814325 12/01/07 12/01/08 , ]„IT P ORGREGATE 4:888:888 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 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 thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2008 SIG : . . SED IN STATE OF TEXAS 41011 '►t` ' LOVING Typed Name: BET Title: Page 2 SENIOR VICE PRESIDENT Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A EVANSTON INSURANCE COMPANY 101054 B C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY LIMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ A PROFESSIONALLIABILITY AE814325 12/01/07 12/01/08 , ]„IT P ORGREGATE 4:888:888 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 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 thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2008 SIG : . . SED IN STATE OF TEXAS 41011 '►t` ' LOVING Typed Name: BET Title: Page 2 SENIOR VICE PRESIDENT Certificate of Liability Insurance CERTIFICATE OF LIABILITY INSURANCE PRODUCER: ACECMarsh 701 Market Street. Ste 1100 St. Lopis. MO 63101 phvne:800-33@-139 E.4nnti: INSURED: Klotz Associates. Inc 1160 Dairy Ashford St. Ste 500 Houston. TX 77079 Phone:281-689-7257 E-natr Date: 4/25/08 TDI number required. Please refer to the Texas Dept of insurance website: htto:/lwww.tdi.state.tx.usl THIS 1S 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 to accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies aro noted below. CO LTR TYPE OF POLICY EFFECTIVE INSURANCE NUMBER DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY 84SBWKB1809 11/01/07 11/01/08 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (Any one tire) 51,000,000 MED. EXPENSE (Any one person) $10,000 A AUTOMOBILE LIABILITY 64UEGRF3961 11/01/07 11/01/08 COMBINED SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) $ .. �8(SifY•fNJUR1T(PerexldoMj..... $ PROPERTY DAMAGE $ • A EXCESS UABII.ITY 84SBWKB1609 11/01/07 11/01/08 EACH OCCURRENCE $4,000,000 AGGREGATE 54,000,000 A WORKERS' COMPENSATION 84WBGFQ1388 11101/07 11/01/08 STATUTORY LIMITS AND EMPLOYERS' LIABILITY . EACH ACCIDENT 11,000,000 :. PAW •-POLICY LIMIT 1.900.094..... DISEASE - EACH EMPLOYEE $1,000,000 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONBNEHICLEW$PECIAL ITEMS/EXCEPTIONS The City of Round Rock in named as additional Insured with respect to all polkiss except 'Workers' Compensation and Employers' Liability' and 'Professional Liability' Should any of the above described p011015a be cancelled or *hanged before the expiration date thereof, the issuing company w81 mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rodc Stf3lydjTt F A IC SE ENS TE OF TEXAS 221 E. Main Street ''�V(I`` Round Rock, Texas 78664 00650 —1-2008 Certificate of Liability Insurance Typed Name: `Alfred A Peterfeso Title: Sr. Vice PrestdeM Page 2 COMPANIES AFFORDING COVERAGE TDI A Hartford Accident & Indemnity 38500 B C D THIS 1S 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 to accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies aro noted below. CO LTR TYPE OF POLICY EFFECTIVE INSURANCE NUMBER DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY 84SBWKB1809 11/01/07 11/01/08 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (Any one tire) 51,000,000 MED. EXPENSE (Any one person) $10,000 A AUTOMOBILE LIABILITY 64UEGRF3961 11/01/07 11/01/08 COMBINED SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) $ .. �8(SifY•fNJUR1T(PerexldoMj..... $ PROPERTY DAMAGE $ • A EXCESS UABII.ITY 84SBWKB1609 11/01/07 11/01/08 EACH OCCURRENCE $4,000,000 AGGREGATE 54,000,000 A WORKERS' COMPENSATION 84WBGFQ1388 11101/07 11/01/08 STATUTORY LIMITS AND EMPLOYERS' LIABILITY . EACH ACCIDENT 11,000,000 :. PAW •-POLICY LIMIT 1.900.094..... DISEASE - EACH EMPLOYEE $1,000,000 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONBNEHICLEW$PECIAL ITEMS/EXCEPTIONS The City of Round Rock in named as additional Insured with respect to all polkiss except 'Workers' Compensation and Employers' Liability' and 'Professional Liability' Should any of the above described p011015a be cancelled or *hanged before the expiration date thereof, the issuing company w81 mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rodc Stf3lydjTt F A IC SE ENS TE OF TEXAS 221 E. Main Street ''�V(I`` Round Rock, Texas 78664 00650 —1-2008 Certificate of Liability Insurance Typed Name: `Alfred A Peterfeso Title: Sr. Vice PrestdeM Page 2