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R-00-02-24-11F8 - 2/24/2000RESOLUTION NO. R -00-02-24-11F8 WHEREAS, the City of Round Rock desires to retain engineering services for the design and permitting of railroad crossings for Aterial A and Arterial B, and WHEREAS, HDR Engineering, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, 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 an agreement with HDR Engineering, Inc., for the design and permitting of railroad crossings for Aterial A and Arterial B, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this 24th day of Fe,ary, ? 00 ATTEST: a/nd- E LAND, City Secretary K:\WPDOCS\RESOLUTI\R00224F8.WPD/sc alit ROB— A. S LUKA, J? , Mayor City of Round Rock, exas STATE OF TEXAS COUNTY OF WILLIAMSON § § Contract No. a THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and HDR Engineering Inc, having its principal business address at 2211 South IH 35 Suite 300, Austin, Texas 78741, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Provide coordination with Union Pacific Railroad for approval of the Arterial "A" Underpass. Develop complete plans for the proposed bridge and shoo -fly of Union Pacific Railroad Underpass at Arterial "A". AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. engcontrc. wpd/spectw Page 1 of 12 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on July 01, 2001 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable for design under this Contract without modification of the Contract is $ 258,530.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. engcontrc.wpd/spectw Page 2 of 12 The per diem amount payable for geotechnical investigation and surveying under this Contract without modification of the Contract is $ 28,550.00 as shown in Attachment D - Fee Schedule. The per diem amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City. The submittal shall also include the progress assessment report, identified as Attachment H-2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Payment of the per diem fee will be as identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, engcontrc. wpd/spec tw Page 3 of 12 or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of engcontrc. wpd/spec tw Page 4 of 12 a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 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 the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. engcontrc.wpd/spectw Page 5 of 12 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. engcontrc. wpd/spectw Page 6of12 ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take engcontrc. wpd/spec tw Page 7of12 over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. engcontrc.wpd/spectw Page 8 of 12 ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that 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, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. engcontrc. wpd/spectw Page 9 of 12 ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. engcontrc.wpd/spectw Page 10 of 12 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 address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Engineer Attn.: /re,4 // n e� Z L i) Soul h 11-133- Sui Son (-us---1 n _ 137,4) ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. 1J �2 CSU C� / it) EC' R /IV/ivy THE ENGINEER By:.,..1L Signat re Printed Name �� �'t . G�+''/ 1 e .� G/i.L/,11 4 Title 01""1,4 . 7lje Date engcontrc.wpd/spectw 41", Page 11 of 12 City o ock 211 Rwer , Mayo LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule engcontrc.wpd/spectw Page 12 of 12 ATTACHMENT "A" Services To Be Provided By The City The City of Round Rock will provide to the Engineer: 1. Data that the City has on file concerning the project, if available. (For example environmental documents, public hearing transcripts, etc.) 2. Available interface data for any projects adjacent to this project, including as -built plans. 3. A example estimate, general notes master file, sample specification list, and related hard copy documentation for the Engineer's use in preparing preliminary estimate, general notes, and specifications. 4. Available and applicable paper prints of design standards, and diskette in DOS for Microstation with design files containing City Standards applicable to the project. 5. Record drawings of existing facilities. 6. Flight data and resulting DTM files if available. 7. Proposed horizontal and vertical alignment files and data. The City of Round Rock will provide for the project: 1. Negotiate with all utilities for any agreements and/or relocations required. 2. Assist the Engineer, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. 3. Provide the Engineer with timely review and decisions necessary in order to permit the Engineer to maintain an agreed upon project schedule. 4. All environmental document preparation as necessary. 5. Incorporate plans prepared under this contract by the Engineer into the PS&E package and bidding documents prepared by the roadway designer for Arterial "A". Arterial "A" Page 1 of 1 ATTACHMENT "B" Services To Be Provided By The Engineer The Engineer will provide to the City: 1. CONCEPTUAL RAILROAD GRADING AND TRACK DESIGN 1.1. Digital Terrain Model: From information in the design survey, a digital terrain model will be developed in InRoads design software. This digital terrain model is critical to development of all horizontal and vertical alignments and quantity calculations. 1.2. Track Alignment Design: InRoads design software will be used to create an existing vertical and horizontal track alignment from survey data provided by the City. The proposed track top -of -rail (T/R) profile will match the existing T/R profile. The proposed horizontal alignment will meet UPRR design criteria as outlined in the UPRR Engineering Track Standards. The shoo -fly will be offset a maximum of 100' from the existing track through the area of the bridge construction. Track design parameters unique to this project will incorporate data from the UPRR Timetable and Condensed Profiles. Any necessary variances from UPRR standard design will be approved through UPRR's project representative. 1.3. Typical Fill Section and Embankment Design: The UPRR Engineering Track Standards will be followed for selecting a typical track section. An InRoads template will be created for the typical section. UPRR requires a roadbed top width that varies with track superelevation. For the conceptual design only the standard 30' top width will be modeled. The variable top width will be modeled during final design. Cross sections will be generated at 100' intervals using the existing ground digital terrain model developed. 1.4. Plan and Profile Plot: A 1"=100' plan and profile scroll plot with top of rail elevations will be created for a conceptual design meeting in Round Rock. The plot will include the existing topographic features, existing railroad signal lines and bungalows, existing track alignment, proposed track alignment, proposed track embankment grading limits, proposed roadway location, proposed bridge location and approximate UPRR right-of- way limits. This plot will also be submitted to the UPRR in Omaha, NE for approval of the temporary shoo -fly conceptual design. 1.5. Typical Cross Sections: Typical embankment cross sections and preliminary drainage concepts will be prepared for the conceptual design meeting in Round Rock. These will also be submitted to the UPRR for approval of the temporary shoo -fly conceptual design. Arterial "A" Page 1 of 6 1.6. Quality Control: Independent QC reviews of the conceptual track and embankment design will be performed by senior HDR railroad staff. 1.7. Conceptual Design Meeting: A project site and a conceptual design meeting in Round Rock are included with this task. 2. FINAL RAILROAD GRADING AND TRACK DESIGN 2.1. Track Alignment Design: InRoads design software will be used to create final vertical and horizontal shoo -fly track geometrics. The alignment will be based on the preliminary track design which was accepted by UPRR during conceptual design. The design will meet criteria as outlined in the UPRR Engineering Track Standards. 2.2. Typical Fill Section and Embankment Design: The UPRR Engineering Track Standards will be followed for selecting typical track sections. InRoads templates will be created for the typical sections. UPRR requires a roadbed top width which varies with track superelevation. The variable top width will be included in the final design. Cross sections will be generated at 100' intervals using the final design templates and the existing ground digital terrain model developed within the conceptual design phase. 2.3. Temporary Shoo -fly Embankment Drainage: Toe of slope ditches and temporary culverts required to provide positive drainage for the shoo -fly embankment and required to meet the UPRR drainage design criteria will be included in the grading design. This design task will be basic in nature and will be limited to the minimum effort necessary to address local drainage conditions. Erosion control issues and erosion control plan requirements will be addressed by others. Any other drainage permit issues will also be addressed by others. 2.4. Specifications: Specifications and Special Conditions required for railroad track construction will be provided. UPRR Standard Track Construction Specifications will be used as a template and modified as required for this project. Grading Specifications will be developed by others in accordance with TxDOT standard practice. HDR will review the grading specifications to check for UPRR acceptability. 2.5. Deliverables: HDR will provide drawings for the preliminary concept, 60%, 90% and 100% review submittals. Quantity and opinion of probable construction cost will be provided for the 60% and 90% submittals. Arterial "A" Page 2 of 6 2.6. Quality Control: Independent QC reviews of the final track and grading design will be performed by senior HDR railroad staff. 2.7. Meetings: One site visit and two other meetings with the City are included with this task. 3. RAILROAD BRIDGE DESIGN 3.1. Assumptions: A four -span railroad underpass is assumed to convey UPRR train traffic over the proposed Arterial "A" roadway which will be located in a cut section. It is assumed that provisions for double mainline tracks will be necessary. This will be accomplished via separate superstructures for each track, with a pedestrian walkway placed between the structures. Steel railings will be provided along the outer edges of the twin superstructures. Alternatively, a single-track superstructure will be provided with extended abutments and foundations for interior bent extensions for use in constructing a superstructure at a later date when the UPRR installs a second track. The final concept will have to be negotiated with the UPRR and it is likely that the City will need to agree to build the second superstructure in the future since the UPRR would not have needed to build a bridge at this location if Arterial "A" was not in-place at that time. The design of a separate maintenance road structure is not included with this scope of services. The design of Arterial "A" is not included with this scope of services. Coordination will be necessary with the engineer responsible for the design of Arterial "A" for setting horizontal and vertical geometrics. The City will provide geotechnical information along with foundation recommendations for use in designing the substructure elements of the underpass. TxDOT Standard Specifications for Construction of Highways, Streets and Bridges will be utilized as the construction specifications along with any special specifications required by the UPRR. AREMA specifications will be utilized for the design of the railroad bridge. The use of precast, prestressed concrete I -beams or precast, prestressed concrete box girders is assumed for the superstructure of the proposed underpass. Drilled shaft foundations are assumed. The use of "top-down" construction will be investigated in an effort to minimize shoring requirements for the construction of the bridge while maintaining railroad movements during construction. In essence, "top-down" construction would minimize the depth of excavation below the proposed superstructure during construction. Once train traffic was diverted to the new structure, the remainder Arterial "A" Page 3 of 6 of the excavation below the underpass structure could occur along with final surface finishing for the drilled shaft foundations. 3.2. Bridge Design Criteria: An AREMA Cooper E-80 live load will be utilized for the design of the structure. Minimum ballast depth shall be 12 inches below the bottom of concrete ties or 8 inches below the bottom of timber ties, but provisions shall be made in the dead loads for a maximum ballast depth of 30 inches. Minimum vertical clearance to Arterial "A" below shall be 17'-6" unless a sacrificial impact beam is located adjacent to the structure on each side. 3.3. Coordination with UPRR: Submittals to the UPRR will be required at the preliminary concept stage, at 60%, 90%, and 100% complete. Submittal of the bridge design calculations will also be required. 3.4. Deliverables: HDR will provide drawings for the preliminary concept, 60%, 90% and 100% review submittals. Quantity and opinion of probable construction cost will be provided for the 60% and 90% submittals. 3.5. Quality Control: Design calculations will be checked by engineering staff members and the drawings will undergo QC reviews by senior HDR railroad staff. 3.6. Meetings: There is one site visit and three other meetings with the City included in this scope. 4. FIELD SURVEY 4.1. Obtain Railroad Right of Entry permits, complete safety training and insurance as required by the Railroad. Provide coordination and fees for use of railroad flagman as required. 4.2. Perform full topographic survey, researching and showing on plan all overhead and underground utilities, existing structures, roads, parking areas, fences, poles, trees, wetland boundaries, existing water flow channels and other pertinent topographic features. Survey shall extend a minimum of 2000 feet each side of the proposed structure location and shall include the entire width of the existing railroad right-of-way. 4.3. Perform breakline survey locating natural grade breaks, ditches, steam flow areas and water elevations if applicable at 100' intervals between survey (i.e. cross section) locations. Identify ground breakline survey points longitudinally along the alignment. Arterial "A" Page 4 of 6 (i.e. surveying the flow line of a ditch from end point to end point consecutively). Breaklines shall not intersect. 4.4. Locate drainage structures and pipes indicating size, head wall dimensions and flow line elevations both in and out of the drainage elements. 4.5. Perform railroad location survey, which includes the following: 4.5.1 Locate and station the centerline of track. Locate curves at 25 -foot intervals (or closer if there are obvious, abrupt line changes within the 25 -foot segment). Locate tangent track at 100 -foot maximum intervals. Provide coordinates for each located centerline point. 4.5.2 Locate and station the following centerline control points: TS, SC, PCC, CS and ST. Provide coordinates of each located centerline point. 4.5.3 Locate and station the following turnout and crossover control points: PS (point of switch at centerline of track), PF (1/2 -inch point of frog) and last long switch tie. Provide coordinates of each located point. 4.5.4 Provide top of rail elevations at each location where centerline is shot. 4.5.5 Locate miscellaneous aboveground railroad equipment such as signals, bungalows, switch stands and cross bucks, which are located within the survey project limits. 4.5.6 Connect surveying stations to known mainline stations via known milepost such as roadway crossing and indicate increasing milepost. Stationing shall also be referenced to a permanent feature such as an existing bridge abutment. 4.5.7 Surveying coordinates shall be established by GPS (Global Positioning System) method or Traverse from existing NGS (National Geodetic Survey) control. Datum shall be the same as that used for the Arterial "A" roadway survey. 4.5.8 Vertical control shall have a minimum of third order accuracy. Benchmarks shall be as permanent as possible and located so as not to be disturbed during construction. 4.6. Survey Deliverables 4.6.1 Provide location of permanent project benchmarks and traverse points (description, coordinates and elevations). 4.6.2 Provide topographic map plot at a scale of 1"=100', depicting all surface features, legible text (leadered in if necessary) and 1 -foot contour lines indexed at even 5 -foot Arterial "A" Page 5 of 6 intervals. Forward hard copy plots and digital files (digital files shall be in MicroStation SE — 3D format on DOS 1.44 MB, 3.5 inch diskettes or CD-ROM). 4.6.3 Provide a separate MicroStation SE file that contains 3D breaklines, existing ground triangulation network and contours with elevations. 4.6.4 Provide digital ASCII file (on DOS 1.44 MB, 3.5" diskettes or CD-ROM) and hard paper copy of all survey points in (point number, Northing, Easting, elevation, description) format. 4.6.5 Provide detailed field book sketches, legibly indicating dimensions and survey shot numbers. 4.6.6 Research and provide the show location of any existing underground and overhead utilities. Underground facilities should be identified by utility type and size, man- hole rim elevation, flow lines, etc. Overhead utilities shall identify pole location and base elevation, number of overhead lines and elevation of the low wire where it intersects the centerline of track or roadway and at 100' offsets from the centerline of track. 5. GEOTECHNICAL INVESTIGATION 5.1. Obtain Right -of -Entry permits and potential clearing. 5.2. Field investigation includes 4 borings drilled to a depth of 75 ft. each. 5.3. Laboratory investigations to classify soil strata, evaluate plasticity, and shrink/swell potential. Unconfined compression tests will be conducted on selected intact soil/rock specimens. Swell tests may be performed on select potentially expansive clay soils. 5.4. Technical services including logging, laboratory assignment, drafting and report preparation. 5.5. Engineering analysis of the results of the field and laboratory data will be made to develop recommendations for foundation design. The report will include general subsurface conditions, boring logs with strata descriptions, lab test results, water levels, boring location plan, recommended foundation type(s), specific allowable bearing pressures, settlement and/or heave estimates, and general foundation construction requirements. Arterial "A" Page 6 of 6 ATTACHMENT "C" - SCHEDULE '01 a) c n ca 2 8. Q 0 N L R 2 Feb c a0 2000 w1Ci Nov 4- v 0 Sept m c Q c a) c 3 7 A co 2 8. Q H RI c 0 (6 a d 0 o 0 (1) 5 c Q.' Q D O 0 co O 6 a) 0 3 5 Q' d D O O O'5 O 0)ct a) 0 ct d D O .-- O 'N a) 0 a) CC w d D a) E- 76 c ii Arterial "A" ATTACHMENT "D" - FEE SCHEDULE Project Name: Consultant: COST COMPONENT, HOURS Fee Summary UPRR Underpass - Arterial "A" HDR Engineering, Inc. Total Design Bidding Construction (Lump Sum) (Per Diem) (Per Diem) Principal 40 40 To be To be Project Manager/Senior Engineer 472 472 Provided Provided Engineer 766 766 By Others By Others Technician 868 868 Clerical 48 48 Total Hours 2194 2194 COST COMPONENT, DOLLARS Principal $7,991 $7,991 Project Manager/Senior Engineer $72,301 $72,301 Engineer $84,176 $84,176 Technician $66,480 $66,480 Clerical $2,557 $2,557 Total Dollars $233,505 $233,505 EXPENSES Engr computers @ $10/hr $5,400 $5,400 Cadd $11,800 $11,800 Phone, Fax, Postage $550 $550 Travel Expenses $3,300 $3,300 Printing $1,700 $1,700 Subtotal $22,750 $22,750 TOTAL EXPENSES w/10% markup $25,025 $25,025 TOTAL LUMP SUM FEE $258,530 $258,530 SUBCONSULTANTS SAM, Inc. (Survey) $12,350 $12,350 Fugro South, Inc. (Geotechnical) $16,200 $16,200 TOTAL PER DIEM $28,550 $28,550 Arterial "A" Contract No. STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and HDR Engineering, Inc., having its principal business address at 2211 South IH 35 Suite 300, Austin, Texas 78741, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Conceptual alternatives for the Union Pacific Railroad Underpass at Arterial "B". Coordinate with Union Pacfic Railroad staff with respect to the UPRR Underpass at Arterial "B". AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. engcontrc.wpd/spectw Page 1 of 12 ARTICLE 2 SCOPE OF SERVICES.TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on April 01, 2001 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the per diem amount shown below as full compensation for the engineering services to be performed under this Contract. The per diem amount payable under this Contract without modification of the Contract is not to exceed $ 20,000.00 as shown in Attachment D - Fee Schedule. The per diem amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. engcontrc.wpd/spectw Page 2of12 The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City. The submittal shall also include the progress assessment report, identified as Attachment H-2. Payment of the per diem fee will be as identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. engcontrc.wpd/spectw Page 3of12 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review . the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. engcontrc.wpd/spectw Page 4 of 12 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 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 the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. e n gc on trc. wpd/spec tw Page 5 of 12 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. e ngcontrc. wpd/spectw Page 6of12 ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this engcontrc.wpd/spectw Page 7 of 12 Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. engcontrc.wpolspectw Page 8of12 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that 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, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. engcontrc. wpd/spec t w Page 9 of 12 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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. engcontrc.wpd/spectw Page l0 of 12 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Engineer Attn.: IT C V\ }-ta Z 2 l 1 S o u -}h 11+35" 300 AAA -TT x- B -7 L) ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. NDS Eu710602.).06) JUG. THE ENGINEER engcontrc. wpd/spec tw Page 11 of 12 A4A414 1644%, 04V/17_, Si atur Printed Name )t &c 4, ' s44' Title iP +" ea Date LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule engcontrc.wpd/spectw Page 12 of 12 ATTACHMENT "A" Services To Be Provided By The City The City of Round Rock will provide to the Engineer: 1. Data that the City has on file concerning the project, if available. (for example environmental documents , public hearing transcripts, etc.) 2. Available interface data for any projects adjacent to this project, including as -built plans. 5. Record drawings of existing facilities. 6. Typical right-of-way map, metes and bounds descriptions, and typical sets of plans. 7. Flight data and resulting partial DTM files if available. 8. Preliminary horizontal alignment files. 9. Provide proposed horizontal and vertical alignment files and data. 10. Provide survey and geotechnical data for the proposed Arterial "B". The City of Round Rock will provide for the project: 1. Negotiate with all utilities for any agreements and/or relocations required. 2. Assist the Engineer, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. 3. Provide the Engineer with timely review and decisions necessary in order to permit the Engineer to maintain an agreed upon project schedule. 4. Be responsible for conducting all environmental document. 5. The City will incorporate plans prepared under this contract by the Engineer into the PS&E package and bidding documents prepared by the roadway designer for Arterial «B„ Arterial "B" Page 1 of 1 ATTACHMENT "B" Services To Be Provided By The Engineer The Engineer will provide to the City: UPRR PERMITTING ASSISTANCE FOR REALIGNED RAILROAD UNDERPASS — ARTERIAL "B" 1. Provide assistance to the City of Round Rock in an effort to obtain the necessary permits from the Union Pacific Railroad (UPRR) for construction of Arterial "B" below an existing UPRR structure. The existing structure is a multiple span, steel through -plate girder superstructure with an open deck. The existing roadway, which crosses under this structure, is a narrow, two-lane roadway. The proposed Arterial "B" is a multi -lane facility that is proposed to cross under two separate spans of the existing structure. The roadway design for Arterial "B" is being designed by others under separate contract with the City. 2. Develop alternative concepts that we believe may meet with UPRR's approval. 3. Submit alternatives for City review. 4. Meet with UPRR to discuss alternative concepts in an effort to seek UPRR concurrence. 5. Subsequent to UPRR concurrence, develop a detailed scope of services for a subsequent design and coordination related to the preferred alternative. The exact scope of services for this permitting assistance is not able to be accurately determined at this time. Therefore, the permitting assistance services for Arterial "B" will be performed on a per diem basis. Arterial "B" Page 1 ATTACHMENT "C" - SCHEDULE Upon your notice to proceed we will begin development of the alternative concepts. We understand the importance of this project and will complete the tasks as expeditiously as possible. Arterial "B" ATTACHMENT "D" - FEE SCHEDULE UPRR PERMITTING ASSISTANCE FOR REALIGNED RAILROAD UNDERPASS — ARTERIAL "B" HDR Engineering, Inc. shall provide assistance to the City of Round Rock in an effort to obtain the necessary permits from the Union Pacific Railroad (UPRR) for construction of Arterial "B" below an existing UPRR structure. The existing structure is a multiple span, steel through -plate girder superstructure with an open deck. The existing roadway which crosses under this structure is a narrow, two-lane roadway. The proposed Arterial "B" is a multi -lane facility that is proposed to cross under two separate spans of the existing structure. The roadway design for Arterial "B" is being designed by others under separate contract with the City. The exact scope of services for this permitting assistance is not able to be accurately determined at this time. Therefore, the permitting assistance services for Arterial "B" will be performed on a per diem basis. Per Diem shall mean an hourly rate equal to the direct labor cost times an overhead plus profit multiplier of 3.33 to be paid to HDR as total compensation for each hour an employee of HDR works on the project. All direct non -labor expenses will be billed at the invoice cost plus ten percent (10%) service charge. For the purposes of this scope of services, the maximum fee not to be exceeded without written approval from the City is $20,000.00. Arterial "B" DATE: February 18, 2000 SUBJECT: City Council Meeting — February 24, 2000 ITEM: 11.F.8. Consider a resolution authorizing the Mayor to execute an engineering contract with HDR Engineering, Inc., for the design and permitting of railroad crossings for Arterial A and Arterial B. Staff Resource Person: Jim Nuse, Public Works Director.