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R-08-11-25-9B2 - 11/25/2008RESOLUTION NO. R -08-11-25-9B2 WHEREAS, the City of Round Rock desires to retain engineering services for traffic signal design at the intersections of Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard, and WHEREAS, Klotz Associates has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Klotz Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Klotz Associates for traffic signal design at the intersections of Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:\WDOX\RESOLUTI\R81125B2.DOC/rmc RESOLVED this 25th day of November, 2008. SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas "1*".--ROUND ROCK, TEXAS PURPOSE, al35toN PRosPERmc CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KLOTZ ASSOCIATES ("Engineer") ADDRESS: 901 S. Mopac Expy., Bldg. V, Suite 220, Austin, Texas 78746 PROJECT: Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard -Traffic Signal Design THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2008 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7086; 146790 TXO5TRFSIG 1 a EXHIBIT IIAn 1 Rev. 10/08 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Fifty Nine Thousand Nine Hundred Sixty -Eight and No/100 Dollars ($59.968.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Blvd. Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address Bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: James Schwerdtfeger Project Engineer 901 S. Mopac Expy., Bldg. V, Suite 220 Austin, TX 78746 Telephone Number (512) 328-5771 Fax Number (512) 328-5774 Email Address james.schwerdtfeger@klotz.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 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 Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Scott Dukette, P.E. Vice President 901 S. Mopac Expy., Bldg. V Suite 220 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of detemiining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary KLOTZ ASSOCIATES By: 2/1 c7 -I /6- Signature"of Princip 31 Printed Name: ll /14 , ®� �� L� XeC 4%; t/,t iQ7i%L 14 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A CITY SERVICES The City Shall: A. Provide plans, traffic volumes and any other available documentation identified in Exhibit B that would assist in the completion of the project. B. Review recommendations offered by the Engineer and approve or reject any or all work performed under this project. C. Review progress of work and provide final acceptance of all documents. D. Review all work and process all payments for work performed by Engineer. E. Final acceptance of the work shall be determined by the City with the recommendation of the Engineer. EXHIBIT B ENGINEERING SERVICES General The scope of services proposed for this contract includes design, bid, and construction phase engineering services for the proposed traffic signals at various intersections in Round Rock, Texas. One design package will be prepared, to include the following intersections: • Old Settlers Boulevard at Greenhill Drive • A.W. Grimes Boulevard at Plateau Vista Boulevard Details of the services to be performed at each intersection are provided in the following sections. Design Services Topographic Survey Klotz Associates will engage a surveyor to perform a topographic survey of the project intersections. The surveyor will perform the utility research and will identify utilities on the topographic survey. An intersection base sheet(s) for the project intersection will be developed from the topographic survey. Signal Design The design services include the design of fully actuated, mast -arm configured traffic signals in accordance with City of Round Rock and TxDOT standards and specifications. Klotz Associates will prepare plans, bid documents, and construction cost estimates for the proposed signals. The traffic signal design plans will include the following sheets for each of the two design packages: title sheet; general notes; traffic signal notes; estimates and quantities; existing conditions sheet, signal layout, signal elevation layout, and striping layout for each intersection; and TxDOT/City of Round Rock standard detail sheets. A description of the signal, elevation, and striping layouts follows: Signal Layout — Klotz Associates will prepare a signal layout for the intersection. The signal layout will include lane configuration, width, and use; future widening, if applicable; pavement markings with pedestrian crosswalk locations and stop lines; traffic signal head configuration and location; pedestrian signal head configuration and location; vehicle detector configuration and location; pole location; luminaries location; pull box location; conduit and cable size and location (electrical schedule); street name; right-of- way and easements; pavement type; corner radii; tapers; curbs; driveways; sidewalks; ADA ramps; trees and shrubs that pose a sight distance restriction; railings and barriers; utilities; bus stops; adjacent land use; other required traffic signs (i.e., signal -related signs, lane use signs, illuminated street name signs); electrical service (meter cabinet) location; controller cabinet location; and spread -spectrum antenna location. Klotz Associates will field verify existing conditions and locations of proposed improvements. Signal Elevation Layout — Klotz Associates will prepare a signal elevation layout for the signal design. The layout will include an elevation profile for each approach to the intersection. The mounting elevation specified for each signal item shall conform to the Texas MUTCD and TxDOT standards. Striping Layout — Klotz Associates will provide a striping layout for the intersection. The striping shall be in accordance with the Texas MUTCD and the current ADA Rules and Regulations for new construction within Public Rights -of -Way. Traffic Control Plan No site-specific traffic control plan will be required. Typical TxDOT traffic control standards will be included in the plans and will be sufficient for the traffic signal installation. Any additional traffic control plans will be considered as Additional Services. Utility Coordination If this project involves railroad, pipeline, or private rights-of-way or easements which require the concurrence of these agencies, then Klotz Associates will obtain design approval on behalf of City of Round Rock. Permit applications, if required, from the appropriate governmental or private agency will be completed and submitted by Klotz Associates. Klotz Associates will submit a letter stating that coordination with each utility has been completed and that there are no unresolved conflicts. If conflicts exist or a utility has not responded to the Klotz Associates inquiry, the letter will state what the conflicts are, which utility has not responded, and when coordination was initiated. Bid Documents Klotz Associates will prepare one bid package for the traffic signal design as described above. The signal design plans will be complete drawings with sufficient information for use in construction. Notes, call -outs, details, appurtenances, etc., will be shown in their entirety. The bid documents will be provided in City of Round Rock format including the City of Round Rock bid and contract information, bid proposal, and specifications. Pay items will be according to TxDOT standards, unless otherwise specified. Klotz Associates will provide a construction cost estimate for each intersection signal. Signal Timing Plans Klotz Associates will prepare the basic signal timings for each project intersection. These intersections are expected to operate in a "free" mode; therefore, only basic controller phase settings including minimum green, extension, max times, clearance intervals and pedestrian timings will be developed. The City of Round Rock will provide Klotz Associates any traffic volume data that has been collected at the intersections. Klotz Associates would submit these basic signal timings in a spreadsheet format. Other signal timing services such as time of day coordinated timing plan development and timing implementation assistance will be considered as Additional Services. Submittals Two review submittals will be made to City of Round Rock Transportation Department and TxDOT, if required, (50% and 95%). The 50% review submittals will include the 11" x 17" signal design plans (i.e., title sheet, general notes, traffic signal notes, estimates and quantities, existing conditions sheet, signal layout, signal elevation layout, and striping layout) at a 50% level of completion. The 95% review submittals will include 11" x 17" signal design plans and all applicable standards and specifications. In addition, the bid documents and construction cost estimates will be submitted at 95%. After each submittal (50% and 95%), Klotz Associates will attend a design review meeting. All review comments will be addressed prior to the next submittal. The last submittal will be final (100%) 11" x 17" mylar plans, bid documents, and a construction cost estimate. Signal design plans and bid documents will be signed, sealed, and dated by the registered State of Texas Professional Engineer responsible for the drawings. Bid Phase Services Klotz Associates will advertise the bid, reproduce plan sets and bid documents, and sell plan sets and bid documents to contractors. Klotz Associates will attend and conduct one pre-bid meeting, address all formally submitted questions from contractors, and prepare and issue addenda as appropriate. The City of Round Rock will conduct the bid opening. Klotz Associates will not attend the bid opening, but will review and tabulate all bids received by the City of Round Rock. Klotz Associates will perform bid analysis and make recommendations accordingly. Construction Phase Services The construction phase services will include attendance at one pre -construction meeting, addressing technical questions from the meeting, responding to Requests for Information (RFI) attending the signal turn -on meeting, and preparation of record drawings. Klotz Associates will, upon receipt of the contractor's marked -up construction plans, revise the original mylar drawings showing changes made during construction. Klotz Associates will also revise the original electronic files and submit in electronic format. EXHIBIT C WORK SCHEDULE The Engineer will complete the work in accordance with the following schedule: A. Survey B. 50% Design Submission C. 95% Design Submission D. Final Bid Documents 6 Weeks from Notice -to -Proceed 6 Weeks from Completion of Survey 4 Weeks from Receipt of 50% Review Comments from Client 2 Weeks from Receipt of 95% Review Comments from Client EXHIBIT D Fee Schedule Attached Behind This Page O Construction Phase 1 Design Phase* co 0) rn ai c0 O N t0 tip 69 0) w o 'Includes survey of $7,130 total for 2 intersections. EXHIBIT E Certificates of Insurance Attached Behind This Page 1C!! 1 (1 LCJCJo 1J. J:J Lot /YJUO:JJ CERTIFICATE OF LIABILITY INSURANCE \LlJ 1 L 1-1JJV\+11-1 1 LJ 1114 Date: 10/14/08 TV number PRODUCER: US$ Southwest required. Pisses refer to the Dept of Insurance embeds: titte://wWw.tdLetattpt.us/ pr.ua/ 640 Gaselier Ste 80 Houston:pc 77024 hone; 713-4600 Elye11. JNSUFIED: Klotz A nc M Inc 1180 Dalryi,etlford Ste 500 Houston TX 77079 Phone: 281-589-7257 THIS IS TO CERTIFY THAT the Insured tweed above Is Insured by the Ccinpenles Rated above with respect to the buskress operadons hereinafter described, for the types of Insurance and In sccordance whh tt» provisions of the standard poNdes used by the cempantes, and further hereinafter described. Exc.ptkars to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE UMITS GENERAL UASIU1Y GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGO. i PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE UA191LITY COMBINED SINGLE UMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCE138 LIABILITY EACH OCCURRENCE i AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT i DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LABILITY AE8114325 12R1/07 12/01/00 Per Claim $2.000,000 Annual Aggregate $4,000,000 BUILDERS RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATiONSNEHICLES/SPEpAL ITEMS/EXCEPTIONS The City of Round Rock is named as additions! Insured with respect to an policies except 'Workers" Compensation and Oat. LiebIftty' ono 'Pr+ofsabnel Liability'. Should any of the above described policies be cancelled or changed before the expiration thereof, the laming company will Mill thirty (30) days written nodel to the certificate holder named below. CERTIFICATE HOLDER: City Manager Rook of Round 221 E. Main Street SIGN `/ EP O IN STATE OF TEXAS Trouts Flock, Texas 78984 :�de AO 128384 00650 — 1-2008 Typed Name: Bethany L Levine Title: Senior Vice President Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE 7D1 A Evanston insurance Company 35378 B C D THIS IS TO CERTIFY THAT the Insured tweed above Is Insured by the Ccinpenles Rated above with respect to the buskress operadons hereinafter described, for the types of Insurance and In sccordance whh tt» provisions of the standard poNdes used by the cempantes, and further hereinafter described. Exc.ptkars to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE UMITS GENERAL UASIU1Y GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGO. i PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE UA191LITY COMBINED SINGLE UMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCE138 LIABILITY EACH OCCURRENCE i AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT i DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LABILITY AE8114325 12R1/07 12/01/00 Per Claim $2.000,000 Annual Aggregate $4,000,000 BUILDERS RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATiONSNEHICLES/SPEpAL ITEMS/EXCEPTIONS The City of Round Rock is named as additions! Insured with respect to an policies except 'Workers" Compensation and Oat. LiebIftty' ono 'Pr+ofsabnel Liability'. Should any of the above described policies be cancelled or changed before the expiration thereof, the laming company will Mill thirty (30) days written nodel to the certificate holder named below. CERTIFICATE HOLDER: City Manager Rook of Round 221 E. Main Street SIGN `/ EP O IN STATE OF TEXAS Trouts Flock, Texas 78984 :�de AO 128384 00650 — 1-2008 Typed Name: Bethany L Levine Title: Senior Vice President Page 2 Certificate of Liability Insurance -\ W VI n� W 0 DATE: November 19, 2008 SUBJECT: City Council Meeting — November 25, 2008 ITEM: 9B2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Klotz Associates for the design of traffic signals on Old Settlers Boulevard at Greenhill Drive and A.W. Grimes at Plateau Vista Boulevard. Department: Staff Person: Justification: Transportation Services Tom Martin, P.E., Director of Transportation Services Based on traffic impact studies for proposed development, these locations have been deemed by staff as warranted for traffic signals due to heavy traffic volume and increasing development. Funding: Cost: $59,968.00 Source of funds: 4B Corporation Outside Resources: Klotz Associates Background Information: The proposed services include the design of fully actuated traffic signal installations, with mast - arm and illuminated street name signs at the noted intersections in accordance with City of Round Rock and the TxDOT standards. The proposed services also include a topographic survey of the project intersections and utility identification for conflict resolution, bid phase services, construction phase services, and submittal of basic signal timings for each project. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS ROUND ROCK, TEXAS PURPOSE. WtSSdoN. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KLOTZ ASSOCIATES ("Engineer") ADDRESS: 901 S. Mopac Expy., Bldg. V, Suite 220, Austin, Texas 78746 PROJECT: Old Settlers Boulevard at Greenhill Drive and A.W. Grimes Boulevard at Plateau Vista Boulevard -Traffic Signal Design THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 'l day of thnvw'1,>Ln.-, 2008 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 10/08 0199.7086; 146790 00064494 TX05TRFSIG - -~1�-2�7�Z 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached 4o this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services per'ormed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Fifty Nine Thousand Nine Hundred Sixty -Eight and No/100 Dollars ($59,968.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Blvd. Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address Bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: James Schwerdtfeger Project Engineer 901 S. Mopac Expy., Bldg. V, Suite 220 Austin, TX 78746 Telephone Number (512) 328-5771 Fax Number (512) 328-5774 Email Address james.schwerdtfeger@klotz.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written. Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terns shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that heishe/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 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 Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Scott Dukette, P.E. Vice President 901 S. Mopac Expy., Bldg. V Suite 220 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of deteiinining prices, or over competitive bidding or market conditicns, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY O OUND ROCK, TEXAS By: (l' lti. ✓I� Alan McGraw, Mayor ATTEST: By: U` 1/tt,'l. tte Sara L. White, City Secretary KLOTZ ASSOCIATES By: (77 ,4 Signaturof Princip31 Printed Name: rh /14 .4� 11(;," r--#) v> . cA1 14 AP OVEAS 110 FORM: J Steph: L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A CITY SERVICES The City Shall: A. Provide plans, traffic volumes and any other available documentation identified in Exhibit B that would assist in the completion of the project. B. Review recommendations offered by the Engineer and approve or reject any or all work performed under this project. C. Review progress of work and provide final acceptance of all documents. D. Review all work and process all payments for work performed by Engineer. E. Final acceptance of the work shall be determined by the City with the recommendation of the Engineer. EXHIBIT B ENGINEERING SERVICES General The scope of services proposed for this contract includes de sign, bid, and construction phase engineering services for the proposed traffic signals at various intersections in Round Rock, Texas. One design package will be prepared, to include the following intersections: • Old Settlers Boulevard at Greenhill Drive • A.W. Grimes Boulevard at Plateau Vista Boulevard Details of the services to be performed at each intersection are provided in the following sections. Design Services Topographic Survey Klotz Associates will engage a surveyor to perform a topographic survey of the project intersections. The surveyor will perform the utility research and will identify utilities on the topographic survey. An intersection base sheet(s) for the project intersection will be developed from the topographic survey. Signal Design The design services include the design of fully actuated, mast -arm configured traffic signals in accordance with City of Round Rock and TxDOT standards and specifications. Klotz Associates will prepare plans, bid documents, and construction cost estimates for the proposed signals. The traffic signal design plans will include the following sheets for each of the two design packages: title sheet; general notes; traffic signal notes; estimates and quantities; existing conditions sheet, signal layout, signal elevation layout, and striping layout for each intersection; and TxDOT/City of Round Rock standard detail sheets. A description of the signal, elevation, and striping layouts follows: Signal Layout — Klotz Associates will prepare a signal layout for the intersection. The signal layout will include lane configuration, width, and use; future widening, if applicable; pavement markings with pedestrian crosswalk locations and stop lines; traffic signal head configuration and location; pedestrian signal head configuration and location; vehicle detector configuration and location; pole location; luminaries location; pull box location; conduit and cable size and location (electrical schedule); street name; right-of- way and easements; pavement type; corner radii; tapers; curbs; driveways; sidewalks; ADA ramps; trees and shrubs that pose a sight distance restriction; railings and barriers; utilities; bus stops; adjacent land use; other required traffic signs (i.e., signal -related signs, lane use signs, illuminated street name signs); electrical service (meter cabinet) location; controller cabinet location; and spread -spectrum antenna location. Klotz Associates will field verify existing conditions and locations of proposed improvements. Signal Elevation Layout — Klotz Associates will prepare a signal elevation layout for the signal design. The layout will include an elevation profile for each approach to the intersection. The mounting elevation specified for each signal item shall conform to the Texas MUTCD and TxDOT standards. Striping Layout — Klotz Associates will provide a striping layout for the intersection. The striping shall be in accordance with the Texas MUTCD and the current ADA Rules and Regulations for new construction within Public Rights -of -Way. Traffic Control Plan No site-specific traffic control plan will be required. Typical TxDOT traffic control standards will be included in the plans and will be sufficient for the traffic signal installation. Any additional traffic control plans will be considered as Additional Services. Utility Coordination If this project involves railroad, pipeline, or private rights-of-way or easements which require the concurrence of these agencies, then Klotz Associates will obtain design approval on behalf of City of Round Rock. Permit applications, if required, from the appropriate governmental or private agency will be completed and submitted by Klotz Associates. Klotz Associates will submit a letter stating that coordination with each utility has been completed and that there are no unresolved conflicts. If conflicts exist or a utility has not responded to the Klotz Associates inquiry, the letter will state what the conflicts are, which utility has not responded, and when coordination was initiated. Bid Documents Klotz Associates will prepare one bid package for the traffic signal design as described above. The signal design plans will be complete drawings with sufficient information for use in construction. Notes, call -outs, details, appurtenances, etc., will be shown in their entirety. The bid documents will be provided in City of Round Rock format including the City of Round Rock bid and contract information, bid proposal, and specifications. Pay items will be according to TxDOT standards, unless otherwise specified. Klotz Associates will provide a construction cost estimate for each intersection signal. Signal Timing Plans Klotz Associates will prepare the basic signal timings for each project intersection. These intersections are expected to operate in a "free" mode; therefore, only basic controller phase settings including minimum green, extension, max times, clearance intervals and pedestrian timings will be developed. The City of Round Rock will provide Klotz Associates any traffic volume data that has been collected at the intersections. Klotz Associates would submit these basic signal timings in a spreadsheet format. Other signal timing services such as time of day coordinated timing plan development and timing implementation assistance will be considered as Additional Services. Submittals Two review submittals will be made to City of Round Rock Transportation Department and TxDOT, if required, (50% and 95%). The 50% review submittals will include the 11" x 17" signal design plans (i.e., title sheet, general notes, traffic signal notes, estimates and quantities, existing conditions sheet, signal layout, signal elevation layout, and striping layout) at a 50% level of completion. The 95% review submittals will include 11" x 17" signal design plans and all applicable standards and specifications. In addition, the bid documents and construction cost estimates will be submitted at 95%. After each submittal (50% and 95%), Klotz Associates will attend a design review meeting. All review comments will be addressed prior to the next submittal. The last submittal will be final (100%) 11" x 17" mylar plans, bid documents, and a construction cost estimate. Signal design plans and bid documents will be signed, sealed, and dated by the registered State of Texas Professional Engineer responsible for the drawings. Bid Phase Services Klotz Associates will advertise the bid, reproduce plan sets and bid documents, and sell plan sets and bid documents to contractors. Klotz Associates will attend and conduct one pre-bid meeting, address all formally submitted questions from contractors, and prepare and issue addenda as appropriate. The City of Round Rock will conduct the bid opening. Klotz Associates will not attend the bid opening, but will review and tabulate all bids received by the City of Round Rock. Klotz Associates will perform bid analysis and make recommendations accordingly. Construction Phase Services The construction phase services will include attendance at one pre -construction meeting, addressing technical questions from the meeting, responding to Requests for Information (RFI), attending the signal turn -on meeting, and preparation of record drawings. Klotz Associates will, upon receipt of the contractor's marked -up construction plans, revise the original mylar drawings showing changes made during construction. Klotz Associates will also revise the original electronic files and submit in electronic format. EXHIBIT C WORK SCHEDULE The Engineer will complete the work in accordance with the following schedule: A. Survey B. 50% Design Submission C. 95% Design Submission D. Final Bid Documents 6 Weeks from Notice -to -Proceed 6 Weeks from Completion of Survey 4 Weeks from Receipt of 50% Review Comments from Client 2 Weeks from Receipt of 95% Review Comments from Client EXHIBIT D Fee Schedule Attached Behind This Page .a x w Fee Schedule 0 0 F - h N M a w Construction Phase__ m N 4Q r 0 0 a Design Phase* Phase/Task t0 N c0 a u9 *Includes survey of $7,130 total for 2 intersections. EXHIBIT E Certificates of Insurance Attached Behind This Page J_ f J. If LCJCJO IJ. JJ LOl 1 YJC)OJJ CERTIFICATE OF LIABILITY INSURANCE r\LV 1 L MJJVL.IH LJ 111, Date: 10/14/08 TDI number required Plane refer to the PRODUCER: USI Southwest Texas Dept of Insurance website: I>ttsciA ww.PJLeta t9pr.ue/ 640 Geean a HA Houston TX 77024 riots: 713-4600 E�riell: INSURED! MOtzAssoolalsalg9 1180 Dairy/Word Ste 500 Houston TX 77079 Phone: 281-589-7257 THIS I8 TO CERTIFY THAT the Insured named abovI II insured by the Companies listed above with respect to the busbies* operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hersinaiter described. Exceptions to the policies ars noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE UMITS GENERAL LIAOILITY GENERAL AGGREGATE t PRODUCTS-COMP/OP AGG. 5 PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE 5 $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT 5 DISEASE - POLICY UNIT DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LIABILITY AE8114325 12/01/07 12/01/00 Per Claim 512.000,000 Annual Aggregate 54,000,000 BUIL)ER`(' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIFTION OF OPERATIONSILOCATIONSNEFECLESJSPEaaL ITEMSfEXGEPT1ONg The City of Rand Rods Is maimed as additional Inured rfth respect to all policies except 'workers' Compensation and pp ,• uabhfty and 'Protetebty' nal Usbf. Should any of the above described pond's be candied or changed before the !hereof, the !wooing company sill' real, thirty (30) days written nodes to the certificate holder Hamad below. CERTIFICATE HOLDER City Manager CRad( E. Maks Street SIGN - CEASED IN STATE OF TEXAS Rand Flock, Texas 78884 41 4111, Typed Name: Bethany L Lovina Title: _Senior Ytce President 128384 Page 2 00650 — 1-2008 Certificate of Liability Insurance IMMPAMES AFFORDING COVERAGE TDI A Evanston Insurance Company 35378 a c D THIS I8 TO CERTIFY THAT the Insured named abovI II insured by the Companies listed above with respect to the busbies* operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hersinaiter described. Exceptions to the policies ars noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE UMITS GENERAL LIAOILITY GENERAL AGGREGATE t PRODUCTS-COMP/OP AGG. 5 PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE 5 $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT 5 DISEASE - POLICY UNIT DISEASE - EACH EMPLOYEE $ A PROFESSIONAL LIABILITY AE8114325 12/01/07 12/01/00 Per Claim 512.000,000 Annual Aggregate 54,000,000 BUIL)ER`(' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIFTION OF OPERATIONSILOCATIONSNEFECLESJSPEaaL ITEMSfEXGEPT1ONg The City of Rand Rods Is maimed as additional Inured rfth respect to all policies except 'workers' Compensation and pp ,• uabhfty and 'Protetebty' nal Usbf. Should any of the above described pond's be candied or changed before the !hereof, the !wooing company sill' real, thirty (30) days written nodes to the certificate holder Hamad below. CERTIFICATE HOLDER City Manager CRad( E. Maks Street SIGN - CEASED IN STATE OF TEXAS Rand Flock, Texas 78884 41 4111, Typed Name: Bethany L Lovina Title: _Senior Ytce President 128384 Page 2 00650 — 1-2008 Certificate of Liability Insurance 6 i PLATEAU VISTA BLVD z D A M Cn 03 0 pp,�M VA��EY g�uD NS 79l " Traffic Signal W E Plateau Vista Blvd �(�/� A.W. Grimes -!�RONDRDCKTEXAS 'V sE.tnssiun.rxosrcnm S