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R-03-02-13-13D2 - 2/13/2003RESOLUTION NO. R -03-02-13-13D2 WHEREAS, the City of Round Rock desires to retain engineering services for preliminary schematic design, preliminary hydrological and hydraulic studies, and railroad coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services 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 for Engineering Services with HDR Engineering, Inc., for preliminary schematic design, preliminary hydrological and hydraulic studies, and railroad coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:\wdox\RESOLUTI\R30213D2.WPD/sc RESOLVED this 13th day of February, 003. A) E IMayor ity of Round Rock, Texas AT.E T: 1 CHR STINE R. MARTINEZ, City Secretary 2 '`ROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY Contract No. CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR ENGINEERING SERVICES ("Agreement") is made and entered into on this the day of the month of , 2003, 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 HDR Engineering, Inc., whose principal place of business is located at 2211 South IH -35, Suite 300, Austin, Texas, 78741, (hereinafter called "Engineer"), and such Agreement 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT "A" ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the Scope of Services or review times take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely request for additional time, which shall be subject to the approval of City, which approval shall not be unreasonably withheld. Any approved extension of time shall be through a written Supplemental Agreement. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 31st day of the month of December, 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her/its request for time extension by City prior to expiration of this Agreement. (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 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 on Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in a professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B 2 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of one hundred thirty eight thousand, seven hundred and sixty-four dollars ($138,764.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable shall be revised equitably only by written Supplemental Agreement in the event of a change in scope, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word Chief Transportation Engineer 2008 Enterprise Round Rock, Texas 78664 (512) 218-5562 (512) 218-3242 4 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: George E. Tillett Project Manager 2211 South IH 35, Suite 300 Austin, Texas 78741 (512) 912-5100 (512) 912-5158 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification 5 followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties..If this Agreement is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Agreement. If City suspends the work, 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 work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, 6 Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at his/her/its own expense, may retain copies of such documents or any other data which he/she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her/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 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 work shall immediately be removed from association with the project when so instructed by City. Engineer'certifies that he/she/it presently has adequate qualified personnel in his/her/its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. 7 ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work 8 at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the work 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 scope of services under this Agreement. 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 Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 Agreement, which are caused by or which result from the negligent error, omission, or act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its work 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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 Agreement is in effect minimum professional liability insurance coverage in the amount of One Million Dollars ($ 1,000,000.00) from a company authorized to do insurance business in Texas 10 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. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of One Million Dollars ($ 1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (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 Agreement, 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 or equivalent conditions by endorsement to the policy: (1) 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 (2) Omitted (3) Omitted (4) 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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 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 Agreement 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 Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement 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 Agreement. 12 ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement 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 Engineer: James K. (Ken) Haney, P.E. HDR Engineering, Inc. 2211 South 11135 Suite 300 Austin, Texas 78741 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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. 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 Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform accordingly, City may 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 Agreement 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. 13 (3) Enforcement and Venue. This Agreement 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 Agreement 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 Agreement 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 36 herein, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. (5) Opinions of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Agreement 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. 14 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 Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of January, 2003, and Engineer, HDR Engineering, Inc., signing by and through his/her/its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Nyle Maxwell, Mayor ATTEST: By: City Secretary ENGINEER: By:( gnature of Princip Printed Name: Jams K. (Ken) Haney, P.E. ATTEST: By: Project Manager George E. Tillett, P.E. 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "OMITTED" (6) Exhibit F "Certificates of Insurance" 16 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City will provide for the Engineer under this agreement the following items/information for use on CR 122 (Red Bud Lane) from US 79 to just south of CR 123: 1) Schematic Development of CR122 a) Review and approve roadway design criteria. b) Schedule, coordinate and conduct meeting of affected property owners. c) Provide a digital aerial photo of the project area. d) Provide a digital terrain model (DTM) for the project area. e) Provide a list of utility providers with contact names and phone numbers for the project area. f) Provide electronic drawings of the proposed developments within the project limits. 2) Railroad Coordination and Master plan a) Provide written documentation of ordinance regarding removal of private crossings elimination during the re -platting process. b) Assist in planning for UPRR Coordination. c) Provide aerial photographic and DTM for proposed grade separation d) Provide conceptual plans for grade separation structures at: i) Double Creek ii) Arterial A iii) A. W. Grimes e) Review, coordinate and participate in the development of conceptual plans for C. R. 122. f) Provide timeline for implementation of proposed improvements of existing streets. 17 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer will furnish to the City of Round Rock the following items/information: The work to be performed under this agreement shall consist of providing the following items/information for CR 122 (Red Bud Lane)from US -79 to just south of CR 123: 1) Schematic Design will be developed from US -79 to Forest Bluff Drive a) Attend up to four meetings with the City of Round Rock. b) Coordinate one meeting with the City of Round Rock, Texas Department of Transportation (TxDOT) and Williamson County. c) Provide a MicroStation format on compatible archive media containing all graphics files used in developing the schematic and all Geopak (Gpk) alignment files. d) Collect, review, and evaluate available existing data pertaining to project. e) Survey work: i) Locate roadway right of way lines and apparent adjoining parcel line locations. ii) Obtain right of entry to adjacent properties, as required. iii) Establish & Stake Baseline Control & furnish listing of horizontal alignment & coordinates for baseline control. iv) Establish benchmark circuit throughout the project and project control data. v) Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flowlines of existing sanitary sewer and storm sewer lines. vi) Provide Coordination with utility companies. vii) Temporary signs, traffic control, flags, safety equipment, etc. viii) Ties to existing bridges, bridge foundations and culverts. ix) Provide 6 hydraulic cross-sections for hydraulic analysis. f) Utilities: i) Contact area utility companies and perform a visual survey of the project sites. ii) Identify existing utility locations and place utility information on plans. g) Right of Way: i) Determine location of additional right of way. ii) Determine preliminary right of way requirements by parcel. iii) Develop list of affected property owners. h) Roadway: i) Select roadway geometry and prepare Typical Section. The typical section shall also reflect proposed geometric including pavement cross slopes, lane and shoulder widths, and x -slopes. ii) Develop Horizontal and Vertical Alignment. iii) Develop roadway plan view. i) Drainage: i) Gather information regarding existing drainage features, facilities and watersheds. ii) Evaluate existing drainage conditions and review FEMA study. iii) Prepare preliminary drainage area map and discharge rates. iv) Perform hydraulic design, documentation and analysis of existing & proposed bridge 18 structure utilizing existing FEMA detail model along with supplemental survey data. v) Prepare report containing the above information. j) Bridge: i) Develop bridge typical section. ii) Determine superstructure and substructure requirements. iii) Determine location and number of test holes for geotechnical testing. k) Miscellaneous items: i) Develop preliminary traffic control narrative. ii) Determine preliminary estimate of probable construction cost utilizing City supplied or TxDOT average unit bid item cost. iii) Permits for 401/404 are not anticipated at this time. Work will include the review of project information to determine if 401/404 and any applicable environmental assessment are required for regulatory compliance. Should the review determine the need of the above, it will be added under the design phase services. iv) Review and submittal of letter to State Historical Preservation Office. A letter will be prepared and submitted to the SHPO for historical clearance. Should the SHPO require a detail study or additional investigation this will be added as additional service. 2) Railroad Coordination and Master Plan: a) Attend two meetings with City. b) Develop master plan from City supplied aerial photos indicating areas of proposed improvements and locations of private crossings to be closed in the future. Railroad crossing to be incorporated into the master plan are: i) Double Creek Road ii) Arterial A iii) A. W. Grimes Road iv) C. R. 122 c) Attend two railroad coordination meetings with Local Union Pacific Railroad Representative. d) Attend two meeting with National Union Pacific Railroad Representatives in Omaha Nebraska. 3) Work not included at this time a) Geotechnical testing. b) Right of way mapping or parcel plats. c) Meets and bounds for parcel legal descriptions. d) Environmental assessment. e) Prepare 404/401 permit. f) Pavement Design. g) Utility conflict design and plan preparation. h) Roadway, Railway or Bridge design. i) Final PS & E and Bid Document preparation. 19 EXHIBIT C WORK SCHEDULE 20 HDR Engineering, Inc. 1. EXHIBIT D FEE SCHEDULE 22 N N-- 0 N �Y c7 M 62 80 36 � c1' N N Hours for the Classifications Schematic Preparation Project PM / Senior Design I Engineer Sr. Design CADD Steno / from US 79 to Forest Bluff Dr. Principal Engineer Engineer in Training I Technician I Technician I Clerical � N •ct CO N CO N 0 0 80 0 0 cfl 40 C 0 00 N CO CO v N 10 00 00 O 0 N N CO N- O .- 00 N v- N-1- CO 'T d' I (Total Hours and Sheets I 20 105 80 d' 'It CO N ' d V COCO0 CO00 N Preliminary Design 1 Kick off and review meetings 4 Compile and assess existing data 1 Stakeholder Coordination meetings1 Design Criteria Selection ROW determination and status Location maps 1 Project Exhibits 1 N Typical sections I 2 Horizontal & Vertical alignments I 2 Hydrology and Floodplain maps I 2 Preliminary Hydraulic Anaylsis 1 47-1 Utility identification and conflict assessment 1 Develop Prelim. Construction Cost Estimates N N a) c m EC Identify Codes, rules and agencies1 Compling report and deliverables1 Bridge Type & Typical Section w N O ti a) O m Z'L Manhour Summary Project Name: CR 122 over Brushy Creek HDR Engineering, Inc. : o N C O 0 -Cil F- r- CV CO N C) a) fications Steno / Clerical (0 vt N N .-- N in CADD Technician OCO 208 In N Sr. Design Technician m 95 O d' CO Hours for the Classi Engineer in Training ON CO CD r Design Engineer O 80 M t r PM / Senior Engineer Op Cr 105 56 Cr) CIIN Project Principal co O N N r O 'Cr Tasks 'Project Administration 'Schematic Preparation 'UPRR Coordination 'Total Hours Project Name CR 122 over Brushy Creek HDR Engineering, Inc. c (0 7 c O 0 28 56 N CO CD LO N CD .t— Hours for the Classifications Project PM / Senior Design Engineer Sr. Design CADD Steno / Principal Engineer Engineer in Training Technician Technician Clerical N- NI- N N N r N N 0' 0 co r- co `_ N M d d' N M N co N CO CO Notal Hours and Sheets I 12 56 N CO N UPRR Coordination Attend two conceptual meetings with City Develop masterplan Attend two meeetings with local UPRR Attend two meetings with UPRR in Omaha Modify masterplan per UPRR O d a) O d L V) Fee Summary Project Name: CR 122 over Brushy Creek Consultant: HDR Engineering, Inc. Cost Component, Hours Schematic UPRR Project Total Coor. Admin. Hours Project Principal 20 12 8 40 Project Manager/Senior Engineer. 105 56 48 209 Design Engineer 80 32 0 112 Engineer -in -Training 128 32 16 176 Sr. Design Technician 56 0 8 64 CADD Technician 208 48 0 256 Clerical/Steno 24 12 16 52 Total Hours 621 192 96 909 Cost Component, Dollars Rate Project Principal $237 $4,746 $2,848 $1,899 $9,493 Project Manager/Senior Engineer. $151 $15,857 $8,457 $7,249 $31,563 Design Engineer $117 $9,369 $3,748 $0 $13,117 Engineer -in -Training $86 $11,046 $2,761 $1,381 $15,188 Sr. Design Technician $99 $5,523 $0 $789 $6,312 CADD Technician $77 $16,026 $3,698 $0 $19,725 Clerical/Steno $55 $1,331 $666 $888 $2,885 Labor Dollars $63,899 $22,178 $12,205 $98,282 TOTAL EXPENSES W/ 10% markup $18,482 TOTAL LUMP SUM FEE $138,764 Hydraulic Survey & ROW Di Hydraulic Survey & ROW Determination $22,000 Direct Labor $31,889 Indirect Costs $55,863 Direct Costs $18,482 Profit @12% $10,530 Total HDR Fee $138,764 EXHIBIT F CERTIFICATES OF INSURANCE 27 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112-1906 INSURED HDR Engineering, Inc. 8404 Indian Hills Drive Omaha NE 68114-4049 THIS iS TO CERTIFY THAT the Insured business operations hereinafter described, standard policies used by the companies, below. Date: 1/3/03 COMPANIES AFFORDING COVERAGE A Zurich American Ins Co — 0.P., KS B American Guarantee & Liab (Zurich) C Sentry Ins. Co. D Continental Cas (V.O. Schinnerer) named above is insured by the Companies listed above with respect to the for the types of insurance and in accordance with the provisions of the and further hereinafter described. Exceptions to the policies are noted CO TYPE OF INSURANCE POLICY EFNECTIVE EXPIRATION LTR NUMBER DATE DATE GENERAL LIABILITY LIMITS AUTOMOBILE LIABILITY C,. EXCESS LIABILITY GL03504583 6/1/02 6/1/03 GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) $ 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000 BAP 3504584 BAP 3504585 TAP3504586 6/1/02 6/1/03 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ 1,000,000 $ WORKERS' COMPENSATION EACH OCCURRENCE AGGREGATE $ AND EMPLOYERS' LIABILITY PROFESSIONAL LIABILITY .90-1491.0-0.1....6/1/02 6/1/03. STATUTORY LIMITS $ EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE. --EACH EMPLOYEE $~- —t;er }Q ; QOQ... PLN113978408 6/1/02 6/1/03 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS Per Claim: Aggregate: $1,000,000 $1,000,000 RE: Schematic Design and UPRR Coordination for CR 122 (Red Bud Lane) from US 79 to just south of CR 123. 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 threof, 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 Cert of incur CORR .docCert of InattF-CORR 1 20/2002 SIGNAT OF AUTHORIZE EPRESENTATIVE Typed Name: Grover Simpson Title: President EXHIBIT - Revised DATE: February 7, 2003 SUBJECT: City Council Meeting — February 13, 2003 ITEM: 13.D.2. Consider a resolution authorizing the Mayor to execute a contract with HDR Engineering, Inc. to provide preliminary roadway and bridge schematic design, and bridge and railroad crossing coordination services for the segment of Red Bud Lane from US 79 to just south of CR 123. Resource: History: Tom Word, Director of Transportation Services The City is developing a project to rebuild and widen Red Bud Lane from CR 123 to Forest Creek Boulevard. The project will develop and coordinate with Union Pacific Railroad a long term crossing plan to cover all railroad crossings from the future Double Creek Drive to the Round Rock East City Limits. This project will also complete the gap on Red Bud Lane from CR 123 to US 79. This proposal from HDR will complete the development through schematic design. A supplemental agreement for plan preparation and contract documents will be prepared upon completion of this first phase of design. The engineer has agreed to perform the work for $138,764.00. Funding: Cost: $138,764.00 Source of funds: Capital Project Funds (1997 CO) Outside Resources: HDR Engineering, Inc. Impact/Benefit: This project will provide for increased capacity and safety for this segment of Red Bud Lane. Public Comment: N/A Sponsor: N/A Executed Document Follows "ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Contract No. CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR ENGINEERING SERVICES ("Agreement") is made and entered into on this the )3 day of the month of FFB&U AR , 2003, 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 HDR Engineering, Inc., whose principal place of business is located at 2211 South IH -35, Suite 300, Austin, Texas, 78741, (hereinafter called "Engineer"), and such Agreement 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. R- 63 -o0? -13-131)., ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the Scope of Services or review times take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely request for additional time, which shall be subject to the approval of City, which approval shall not be unreasonably withheld. Any approved extension of time shall be through a written Supplemental Agreement. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 31st day of the month of December, 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her/its request for time extension by City prior to expiration of this Agreement. (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 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 on Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in a professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B 2 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of one hundred thirty eight thousand, seven hundred and sixty-four dollars ($138,764.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable shall be revised equitably only by written Supplemental Agreement in the event of a change in scope, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word Chief Transportation Engineer 2008 Enterprise Round Rock, Texas 78664 (512) 218-5562 (512) 218-3242 4 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: George E. Tillett Project Manager 2211 South IH 35, Suite 300 Austin, Texas 78741 (512) 912-5100 (512) 912-5158 [Name] [Title] [Address] [City, State, Zip] [Telephone Number] [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification 5 followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties..If this Agreement is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Agreement. If City suspends the work, 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 work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, 6 Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at his/her/its own expense, may retain copies of such documents or any other data which he/she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her/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 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified personnel in his/her/its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. 7 ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work 8 at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the work 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 scope of services under this Agreement. 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 Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 Agreement, which are caused by or which result from the negligent error, omission, or act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its work 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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 Agreement is in effect minimum professional liability insurance coverage in the amount of One Million Dollars ($ 1,000,000.00) from a company authorized to do insurance business in Texas 10 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. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of One Million Dollars ($ 1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (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 Agreement, 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 or equivalent conditions by endorsement to the policy: (1) 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 (2) Omitted (3) Omitted (4) 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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 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 Agreement 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 Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement 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 Agreement. 12 ARTICLE 3 2 NOTICES All notices to either party by the other required under this Agreement 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 Engineer: James K. (Ken) Haney, P.E. HDR Engineering, Inc. 2211 South IH 35 Suite 300 Austin, Texas 78741 ARTICLE 3 3 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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. 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 Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform accordingly, City may 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 Agreement 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. 13 (3) Enforcement and Venue. This Agreement 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 Agreement 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 Agreement 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 36 herein, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. (5) Opinions of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Agreement 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. 14 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 Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. -03-a)-13- -13- J3.pa, , approved by the City Council on the /3 day of the month of -A y 2003, and Engineer, HDR Engineering, Inc., signing by and through his/her/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, TE By: ATTEST: By: xwe , Mayor City Secretary ENGINEER: By: gnature of Princip Printed Name: Jam s K. (Ken) Haney, P.E. ATTEST: By: Project Manager George E. Tillett, P.E. 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "OMITTED" (6) Exhibit F "Certificates of Insurance" 16 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City will provide for the Engineer under this agreement the following items/information for use on CR 122 (Red Bud Lane) from US 79 to just south of CR 123: 1) Schematic Development of CR122 a) Review and approve roadway design criteria. b) Schedule, coordinate and conduct meeting of affected property owners. c) Provide a digital aerial photo of the project area. d) Provide a digital terrain model (DTM) for the project area. e) Provide a list of utility providers with contact names and phone numbers for the project area. f) Provide electronic drawings of the proposed developments within the project limits. 2) Railroad Coordination and Master plan a) Provide written documentation of ordinance regarding removal of private crossings elimination during the re -platting process. b) Assist in planning for UPRR Coordination. c) Provide aerial photographic and DTM for proposed grade separation d) Provide conceptual plans for grade separation structures at: i) Double Creek ii) Arterial A iii) A. W. Grimes e) Review, coordinate and participate in the development of conceptual plans for C. R. 122. f) Provide timeline for implementation of proposed improvements of existing streets. 17 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer will furnish to the City of Round Rock the following items/information: The work to be performed under this agreement shall consist of providing the following items/information for CR 122 (Red Bud Lane)from US -79 to just south of CR 123: 1) Schematic Design will be developed from US -79 to Forest Bluff Drive a) Attend up to four meetings with the City of Round Rock. b) Coordinate one meeting with the City of Round Rock, Texas Department of Transportation (TxDOT) and Williamson County. c) Provide a MicroStation format on compatible archive media containing all graphics files used in developing the schematic and all Geopak (Gpk) alignment files. d) Collect, review, and evaluate available existing data pertaining to project. e) Survey work: i) Locate roadway right of way lines and apparent adjoining parcel line locations. ii) Obtain right of entry to adjacent properties, as required. iii) Establish & Stake Baseline Control & furnish listing of horizontal alignment & coordinates for baseline control. iv) Establish benchmark circuit throughout the project and project control data. v) Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flowlines of existing sanitary sewer and storm sewer lines. vi) Provide Coordination with utility companies. vii) Temporary signs, traffic control, flags, safety equipment, etc. viii) Ties to existing bridges, bridge foundations and culverts. ix) Provide 6 hydraulic cross-sections for hydraulic analysis. f) Utilities: i) Contact area utility companies and perform a visual survey of the project sites. ii) Identify existing utility locations and place utility information on plans. g) Right of Way: i) Determine location of additional right of way. ii) Determine preliminary right of way requirements by parcel. iii) Develop list of affected property owners. h) Roadway: i) Select roadway geometry and prepare Typical Section. The typical section shall also reflect proposed geometric including pavement cross slopes, lane and shoulder widths, and x -slopes. ii) Develop Horizontal and Vertical Alignment. iii) Develop roadway plan view. i) Drainage: i) Gather information regarding existing drainage features, facilities and watersheds. ii) Evaluate existing drainage conditions and review FEMA study. iii) Prepare preliminary drainage area map and discharge rates. iv) Perform hydraulic design, documentation and analysis of existing & proposed bridge 18 structure utilizing existing FEMA detail model along with supplemental survey data. v) Prepare report containing the above information. j) Bridge: i) Develop bridge typical section. ii) Determine superstructure and substructure requirements. iii) Determine location and number of test holes for geotechnical testing. k) Miscellaneous items: i) Develop preliminary traffic control narrative. ii) Determine preliminary estimate of probable construction cost utilizing City supplied or TxDOT average unit bid item cost. iii) Permits for 401/404 are not anticipated at this time. Work will include the review of project information to determine if 401/404 and any applicable environmental assessment are required for regulatory compliance. Should the review determine the need of the above, it will be added under the design phase services. iv) Review and submittal of letter to State Historical Preservation Office. A letter will be prepared and submitted to the SHPO for historical clearance. Should the SHPO require a detail study or additional investigation this will be added as additional service. 2) Railroad Coordination and Master Plan: a) Attend two meetings with City. b) Develop master plan from City supplied aerial photos indicating areas of proposed improvements and locations of private crossings to be closed in the future. Railroad crossing to be incorporated into the master plan are: i) Double Creek Road ii) Arterial A iii) A. W. Grimes Road iv) C. R. 122 c) Attend two railroad coordination meetings with Local Union Pacific Railroad Representative. d) Attend two meeting with National Union Pacific Railroad Representatives in Omaha Nebraska. 3) Work not included at this time a) Geotechnical testing. b) Right of way mapping or parcel plats. c) Meets and bounds for parcel legal descriptions. d) Environmental assessment. e) Prepare 404/401 permit. f) Pavement Design. g) Utility conflict design and plan preparation. h) Roadway, Railway or Bridge design. i) Final PS & E and Bid Document preparation. 19 EXHIBIT C WORK SCHEDULE 20 HDR Engineering, Inc. K U e to Proceed z Review Existing Information and Prepare for Desgn Concept 1 Desgn Concept Meeting Begin Hydraulic Survey 0 o a R o a N N I Develop area of required ROW by parcel Develop Hydrology and Hydraulics Generate Schematic Roll Plot Cost Estimate, Envr. Quest., and E N Of Schematic Respond to City Comments 773 To U Generate Color Schemati Attend MAPO Meeting Oa O9 Na Na �a Update Exhibit based on UPRR comments R' 0 1 ^.o EXHIBIT D FEE SCHEDULE 22 Project Name: CR 122 over Brushy Creek HDR Engineering, Inc. c ca 5 ti c O 0 R H N CD N CO 30 (N0 80 CO CCO SO ~ v a - N O Hours for the Classifications Steno / Clerical d CO N CO N CADD Technician 10 80 co r- co , co 40 I co o 0 N Sr. Design Technician CO CO N CO in Engineer in Training CO CO (0 a0 CO N N CO p CO a— Design Engineer �t d Cb N N coo PM / Senior En ineer -1- d' CO N d c1' 't' CO CO (0 CO .- 00 N in 0 r Project Principal Preliminary Design 1 Kick off and review meetings 1 4 Compile and assess existing data Stakeholder Coordination meetings 1 Design Criteria Selection 1 ROW determination and status 1 Location maps 1 Project Exhibits N Typical sections I 2 Horizontal & Vertical alignments I 2 Hydrology and Floodplain maps I 2 Preliminary Hydraulic Anaylsis 1 4 Utility identification and conflict assessment I Develop Prelim. Construction Cost Estimates N N Co N Schematic Preparation from US 79 to Forest Bluff Dr. 3 a) .5 c tv a Identify Codes, rules and agencies1 Compling report and deliverables Bridge Type & Typical Section Total Hours and Sheets U) O d • O d Z L Project Name CR 122 over Brushy Creek HDR Engineering, Inc. ON O H or) N CO LX) N N LCO) Q% r Hours for the Classifications Steno / Clerical V fV nt N N e - CADD Technician 24 'd N CO Nr Sr. Design Technician 0 Engineer in Training Coco `- N M Design Engineer .- d `t M PM / Senior Engineer N CO N CO CO t0 in Project Principal N CO N N 1- UPRR Coordination !Attend two conceptual meetings with City Develop masterplan Attend two meeetings with local UPRR Attend two meetings with UPRR in Omaha Modify masterplan per UPRR (Total Hours and Sheets w H O r) d O Z (C Manhour Summary Project Name: CR 122 over Brushy Creek HDR Engineering, Inc. c (a 7 co c 0 0 CI (0 N 0) Hours for the Classifications 1 Steno / Clerical (0 24 N N CADD Technician cp 208 48 CO InN Sr. Design Technician co 56 o Tr c0 Engineer in Training (0N 128 M co ti r Design En ineer 80 N co N r r PM / Senior En ineer 105 56 0 N Project Principal 20 N 0O Tasks 'Project Administration 'Schematic Preparation 'UPRR Coordination 'Total Hours Fee Summary Project Name: CR 122 over Brushy Creek Consultant: HDR Engineering, Inc. Cost Component, Hours Schematic UPRR Project Total Coor. Admin. Hours Project Principal 20 12 8 40 Project Manager/Senior Engineer. 105 56 48 209 Design Engineer 80 32 0 112 Engineer -in -Training 128 32 16 176 Sr. Design Technician 56 0 8 64 CADD Technician 208 48 0 256 Clerical/Steno 24 12 16 52 Total Hours 621 192 96 909 Cost Component, Dollars Rate Project Principal $237 $4,746 $2,848 $1,899 $9,493 Project Manager/Senior Engineer. $151 $15,857 $8,457 $7,249 $31,563 Design Engineer $117 $9,369 $3,748 $0 $13,117 Engineer -in -Training $86 $11,046 $2,761 $1,381 $15,188 Sr. Design Technician $99 $5,523 $0 $789 $6,312 CADD Technician $77 $16,026 $3,698 $0 $19,725 Clerical/Steno $55 $1,331 $666 $888 $2,885 Labor Dollars $63,899 $22,178 $12,205 $98,282 TOTAL EXPENSES W/ 10% markup $18,482 TOTAL LUMP SUM FEE $138,764 Hydraulic Survey & ROW Di Hydraulic Survey & ROW Determination $22,000 Direct Labor $31,889 Indirect Costs $55,863 Direct Costs $18,482 Profit @12% $10,530 Total HDR Fee $138,764 EXHIBIT F CERTIFICATES OF INSURANCE 27 CERTIFICATE OF LIABILITY INSURANCE Date: 1/3/03 PRODUCER COMPANIES AFFORDING COVERAGE A Zurich American Ins Co - 0.P., KS B American Guarantee & Liab (Zurich) INSURED C' Sentry Ins. Co. HDR Engineering, Inc. 8404 Indian Hills Drive D Continental Cas (V.O. Schinnerer) Omaha NE 68114-4049 THIS fS 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. Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112-1906 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY A GL03504583 6/1/02 6/1/03 GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE $ 1,000,000 $ 1,000,000 1,000,000 1,000,000 1,000,000 5,000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY B BAP3504584 6/1/02 6/1/03 BAP3504585 TAP3504586 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE $ C WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 90-14910-01 6/1/02 6/1/03 STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ 1,000,000 $ 1,000,000 $ 1,000,000 PROFESSIONAL LIABILITY D PLN113978408 6/1/02 6/1/03 Per Claim: Aggregate: $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Schematic Design and UPRR Coordination for CR 122 (Red Bud Lane) from US 79 to just south of CR 123. 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 thkeof, 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 Cert of in.sur CORR .doc1r CORR I 10/2002 SIGNAT �7 OF AUTHORIZE EPRESENTATIVE Grover Simpson Typed Name: Title: President EXHIBIT - Revised