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R-09-09-10-10E5 - 9/10/2009RESOLUTION NO. R -09-09-10-10E5 WHEREAS, the City of Round Rock desires to retain engineering services for the Transportation Master Plan -Update, and WHEREAS, URS Corporation has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with URS Corporation, 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 URS Corporation for the Transportation Master Plan -Update, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of September, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\0905\MUNICIPAL\R90910E5.DOC/rmc ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION ADDRESS: 9400 Amberglen Blvd., Austin, Texas 78729 PROJECT: Transportation Master Plan -Update THE STATE OF TEXAS §. COUNTY OF WILLIAMSON ("Engineer") THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2009 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 0199.7122; 168124 AAOOMPLAN EXHIBIT 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 One Hundred Eighty Two Thousand, Four Hundred Ninety Two and No/100 Dollars ($182,492.00) 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: John Dean Transportation Planner Transportation Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address jdean@round-rock.tx.us 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: Tina L. Walker, P.E. Transportation Planner 9400 Amberglen Blvd. Austin, Texas 78729 Telephone Number (512) 419-6470 Fax Number (512) 454-8807 Email Address tina_walker@urscorp.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 attaimnent 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 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 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 t0 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: Tina L. Walker, P.E. Transportation Planner 9400 Amberglen Blvd. Austin, TX 78729 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 determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this 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 URS CORPORATIO By: d 2c,ud'ii CIO 1i"" Signature of Principal Printed Name: Tony Arredondo ,ita u a 4I-?rrec ocle _ Stephan L. Sheets, City Attorney 14 EXHIBIT A City Services In conjunction with the service to be provided by the ENGINEER, as described in Exhibit B, the City of Round Rock, "City", shall provide to ENGINEER the following: 1. All available studies, reports, plans, drawings, and other documents including GIS files applicable as background information to be used in development of the Transportation Master Plan Update. 2. Existing and future land use plans and GIS land use data files. 3. List of committed improvement projects for the City and County. The County's committed projects are shown in the 2015 roadway network of the Williamson County Long Range Transportation Plan. List of projects submitted to Capital Area Metropolitan Planning Organization (CAMPO) as a part of the 2035 Metropolitan Transportation Plan update process. 4. Agreement with Williamson County regarding use of model from the Long Range Transportation Plan. 5. Available major land development traffic impact study reports. 6. Major high accident locations and accident rates in the ETJ of City. 7. Available existing arterial roadway network inventory data. 8. Available list or map with intersection controls on the arterial network as defined by the previous transportation plan in the ETJ of City, including stop control and traffic signals. 9. Available train volumes, ridership and schedule information. 10. Available future railroad plans for realignment, double -tracking and/or other improvements. 11. Most current available digital orthophotography of City and its ETJ. 12. Assistance in obtaining information from municipalities, counties, and regional/state agencies such as Capital Area Metropolitan Council of Governments (CAMPO), Capitol Area Council of Governments (CAPCOG) Texas Department of Transportation (TxDOT), Williamson County and Travis County. 13. Available traffic counts in the City and its ETJ. 14. Reserving public meeting facilities at a city building, such as the Baca Center. 15. Up to 4 staff members to assist with public meeting open house. 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 B Engineering Services The following scope of services clearly defines the tasks necessary to update the existing Round Rock Transportation Plan. 1. NOTICE TO PROCEED — ENGINEER shall commence work immediately after receiving the notice to proceed. 2. PROJECT MANAGEMENT - Project management shall consist of project coordination, project administration, and periodic progress meetings. 2.1 Project coordination involves coordinating all activities on the project with the City of Round Rock (including comprehensive planning effort), TxDOT, CAMPO, Williamson County, Travis County and adjacent or nearby municipalities. 2.2 Prepare Project Execution Plan (PXP) and Quality Assurance Plan (QAP). 2.3 Project administration involves the preparation of invoices, coordination of all work assigned to and accomplished by subconsultants, development of the baseline schedule and monthly updates, and assignment of appropriate staff members to tasks. 2.4 Periodic progress meetings involve attendance at progress meetings requested by City not specifically identified below. 3. PUBLIC INVOLVEMENT 3.1 Public Meetings — ENGINEER will develop a Public Involvement Plan during the first month of the project. The plan will address the following activities: (1) One general public meeting — an open house format public meeting shall be held for presentation of the proposed Transportation Master Plan Update to the public prior to submission of the draft final plan to the City. This task shall includes coordination and logistics for the meeting date, preparation of exhibits/handouts/presentation, attendance by 3 staff members and preparation of a meeting summary with response to public comments. The meeting location will be at a city -owned facility. (2) Presentations — the Engineer shall prepare the presentation, handouts and exhibits for city briefings of the proposed plan update before the Planning and Zoning Commission and the City Council. (3) Stakeholder meetings — support for stakeholder meeting shall be considered additional services. (4) Providing content for a project web page on the City's website. 3.2 ENGINEER shall maintain a database of all attendees at public meetings and individuals who request that they be included in the mailingie-mailing database. This database is anticipated to include contact information as well as comments and information provided by each individual. ENGINEER Deliverable: Project Execution Plan with Quality Assurance Plan, Public Involvement Plan; exhibits, handouts, and script for public meeting content for web page and presentations for planning and zoning presentation and city council presentation. Engineer will provide up to three personnel for the public meeting and one person for city briefings. Stakeholder meetings can be authorized by City as additional services. ENGINEER's contract does not include paying any fees for use of venues for public meetings if a city facility is unavailable for the desired date. It also excludes printing or mailing/delivery costs for any public outreach communications pieces. 4. EXISTING DATA INVENTORY 4.1 Environmental Issues - ENGINEER will obtain existing available environmental data that affects the City and its ETJ from readily available government sources. 4.1.1 This effort will include identifying significant environmental issues and conservation areas of concern through review of existing plans, consultation with City staff. This effort will include obtaining mapping data for karst features, Edwards Aquifer recharge, contributing, and transition zones, hazardous materials sites (limited to Leaking Petroleum Storage Tanks from the Texas Commission on Environmental Quality, Texas Railroad Commission, and sites known by the City of Round Rock staff), potential endangered or threatened species habitat identified in the Williamson County Habitat Conservation Plan and the Texas Natural Diversity Database, parks and other recreational areas, unique natural areas, known and recorded cultural resources sites and places, FEMA floodplain mapping or other readily available mapping data. 4.1.2 Limited visual field investigations from public roadways to confirm constraints in the areas associated with new projects as described in Task 7, Identify Improvement Alternatives shall be considered additional services in support of the evaluation of any new corridors. ENGINEER shall compile available information in GIS format. 4.1.3 ENGINEER shall review the compiled data with city staff to determine land area within the City and its ETJ that is 2 unlikely for development due to environmental constraints. This assessment will consider the potential use of the Williamson County Habitat Conservation Plan as an offset to development impacts. 4.1.4 ENGINEER will also utilize available demographic data to evaluate potential for environmental justice issues related to proposed transportation system improvements. This effort will also include a meeting with City planning staff. 4.1.5 ENGINEER shall prepare a technical memorandum on the environmental work from which the environmental chapter of the Transportation Plan Update will be written. ENGINEER Deliverable: GIS-based maps will be provided which depict changes in the identified environmentally sensitive areas from the 1999 plan. Data log indicating the data source and year in which the data was either created by the source entity or obtained by the ENGINEER .Technical memorandum as documentation of the work effort. 4.2 Obtain City Background Data -- Working with City staff, ENGINEER will obtain all available relevant information from the City as itemized in Attachment A. ENGINEER will use digital orthophotography provided by the City or Capital Area Planning Council of Governments to develop basemaps for use in study exhibits. This task will include one meeting with City staff regarding the update of the Comprehensive Plan. 4.3 Update TxDOT/Other Background Data - ENGINEER will monitor the CAMPO, Williamson County Commissioners Court and CAPCOG meetings to see if additional relevant information should be obtained from other entities as identified in Exhibit A. 4,4 Traffic Counts - The fee estimate assumes using existing TxDOT 2007/2008 ADT counts, City data (if available), and 2007/2008 TxDOT Saturation counts (ADT Only) exclusively. The ENGINEER shall catalog the data in the GIS for the modeling effort and for development of the existing conditions chapter of the report. 4.5 Multi-Modal Data - Existing multi-modal plans, such as transit, bicycle, and pedestrian, will be reviewed and incorporated into the existing transportation network plan as appropriate. This effort does not include Capital Metro ridership information on any existing transit service. ENGINEER Deliverable: Current digital mapping in GIS format will be updated with the information gathered for this project. Data collection log. 3 5. UPDATE WILLIAMSON COUNTY TRAVEL DEMAND MODEL 5.1 Review of Existing Conditions and Growth Projections — ENGINEER will review existing land use mapping provided by the City and demographic and land use assumptions used by Williamson County in their travel demand model for use in creating an updated Travel Demand Model (TDM) for the City. Concurrently with this project, the City is updating its General Plan. ENGINEER's efforts on this project will be coordinated with the General Plan being prepared by others. ENGINEER will provide appropriate information from the Master Transportation Pian Update to the City for incorporation into the General Plan as necessary. Demographic estimates at the traffic analysis zone (TAZ) level will be prepared for the base year of 2008 and forecast years of 2015 and 2035 Ultimate. This information will also be incorporated into the updated TDM. 5.2 Development of Forecast Year Data — ENGINEER will revise TAZs to modify the boundaries to more closely represent the City's ETJ. Corresponding adjustments to the population and employment will be made for the adjusted TAZs. The ENGINEER will work with City staff to assess distribution on population and employment for the ultimate build -out year. Various control totals from the City and other agencies will be used as the initial foundation for the demographic projections by TAZ. The socio-economic projections being developed by the City in its General Plan Update will be used to the maximum extent feasible. If this information is not available when needed for performance of services under this contract, City may authorize ENGINEER to develop the necessary information as additional services. Available additional information regarding under -construction, planned, or proposed developments and infrastructure are to be incorporated by ENGINEER into projections. In addition, ENGINEER shall review environmental constraints (identified in Section 1.4.1 above) within each TAZ that may affect development potential to assist in properly distributing forecasted population in each TAZ. 5.3 Socioeconomic Data Report — ENGINEER shall submit a preliminary draft copy of the base year and forecast years (2015, 2035 and Ultimate) data files to the City for review. Upon receipt of City comments on the preliminary report, ENGINEER shall incorporate changes as necessary and submit a final report and accompanying data to the City. The projected socioeconomic data for the forecast year (ultimate build -out) will be the primary determinant of the future demand for travel, and therefore strongly influence the transportation investments needed to provide adequate mobility in the future. The interim years (2015 and 2035) 4 will be used to assist the City in its prioritizing of the needed improvements for capital investment planning purposes. 5.4 Calibration of Updated Travel Demand Model -- ENGINEER will utilize the Williamson County Travel Demand Model as the basis for development of a City of Round Rock Travel Demand Model. ENGINEER will utilize existing traffic count information to calibrate the updated TDM to meet or exceed NCHRP 255 requirements. No revision to the CAMPO roadway capacity Zook-up table is included in this scope of work. Since the ENGINEER is modifying a county- wide model which is based on the CAMPO model for the 2030 MTP, a thorough review and adjustments (if necessary) to the following sub-models is required to create a stand-alone Round Rock model. • Household Size, Workers, and Income Model • Review Trip Purposes for application to Round Rock • Review Trip Distribution for application to Round Rock • External Trips for application to Round Rock • Review and update the CAMPO Trip Generation and Trip Distribution Programs • Toll diversion with URS proprietary sub-model • Transit component for additional proposed services 5.5 Each of these sub-models exists in the CAMPO model and those model results will be extrapolated to the expanded, refined zone and network structures of the model developed for the City of Round Rock. This approach will perform the basic function required to analyze roadway network improvements for purposes of need identification and project prioritization as necessary for the Transportation Master Plan Update. 5.6 Training -- ENGINEER will develop the City of Round Rock Travel Demand Model and will hold one (1) two-hour initial orientation session for City staff. At the initial orientation session, ENGINEER will provide handouts with general information about the model. Development of a specific User's Guide for the model is not included within this scope of services. ENGINEER will be available by telephone to answer questions and/or provide guidance to City staff on use of the model as additional services after completion of the Transportation Master Plan Update, if requested. ENGINEER Deliverable: Calibration technical memorandum, exhibits presenting existing and future land use assumptions and socioeconomic technical memorandum and a calibrated base year TDM along with handouts at initial orientation session. Results of 5 Williamson County Long -Range Plan for inclusion in the initial Draft General Plan (August 2009) and updates as required. 6. TRAVEL DEMAND FORECASTING 6.1 Future Year Forecasts - ENGINEER will assign the 2015, 2035 and Ultimate trips to the current Transportation Master Plan network. ENGINEER will review roadway capacity requirements. Based upon these 2015, 2035 and Ultimate capacities, ENGINEER will review the currently proposed roadway and intersection configurations in the existing Transportation Master Plan to determine locations where the TDM indicates there will be insufficient capacity. 6.2 Future Year Improvements - ENGINEER will review 2015, 2035 and Ultimate capacity deficiencies to identify potential modifications to the roadway network to alleviate andlor minimize capacity deficiencies. Through an iterative process of identification of alternatives and model updates with revised network configurations, ENGINEER will determine appropriate locations to provide new roadway alignments; to increase the number of travel lanes on existing or currently proposed alignments; and/or other capacity improvements. ENGINEER will perform up to four network iterations, which may include transit alternatives, within the scope of services. Additional iterations can be performed under a supplemental agreement. ENGINEER Deliverable: Technical memorandum for this task an updated Travel Demand Model, up to four iterations of future year conditions, and a draft updated Transportation Master Plan exhibit for each scenario. 7. IDENTIFY IMPROVEMENT ALTERNATIVES 7.1 Preliminary Engineering Studies — Conceptual design for new corridors shall be considered as additional services. If new corridors are warranted, the ENGINEER shall map adjacent and proximate environmental constraints (as identified in Section 4.1 above), and analyze existing traffic data in order to develop conceptual alignments, profiles, and corresponding typical sections for all proposed new roadways based upon City Design and Construction (DAC) Standards. 7.2 Multi -Modal Alternatives — ENGINEER will review all planned and implemented transit initiatives to serve the City. ENGINEER will assist the City in identifying any additional cost-effective transit, bicycle and pedestrian alternatives to complement the roadway network and the currently planned and/or implemented transit initiatives. Neither focus groups nor surveys on potential ridership are included in this effort. The task will include review andlor 6 consideration of previous studies for the development of the following subtasks: 7.2.1 Transit 7.2.1.1 Passenger rail between downtown Austin and Round Rock, with extensions to Pflugerville and Georgetown is being evaluated by the City with another consultant. ENGINEER will include the latest information from that effort in the assessment of an integrated public transportation network. 7.2.1.2 Regional Rail (ASAICRD) service between Georgetown and San Antonio. 7.2.1.3 Express Bus (to downtown Austin, Lakeline Park and Ride, or other CapMetro rail stations), Passenger Rail (from Georgetown to downtown Austin with up to two stations in the City). 7.2.1.4 Local circulator service within the City including conceptual routing for up to eight routes. 7.2.1.5 On -demand service (similar to existing CARTS with upgraded service within the City). 7.2.2 ENGINEER will review the City's Bicycle/Pedestrian Plan (prepared by others) and Parks Master Plan to evaluate and recommend potential remedies to any identified incompatibilities/inconsistencies with the roadway/transit system networks. 7.2.3 The ENGINEER shall prepare a technical memorandum as documentation of this effort. 7.3 Assessment of Right -of -Way Needs — ENGINEER shall review the typical sections in the previous plan for compliance with City and/or TxDOT standards. These right-of-way requirements will allow the City to accurately define future right-of-way needs for use during the platting process to assure that adequate corridors are secured for future transportation system needs. The ENGINEER shall review the streets designated for the proposed circulator bus system to confirm compatibility for bus operations. 7.4 Preliminary Estimates — ENGINEER shall develop preliminary construction cost estimates based on the conceptual designs for all projects based on a cost -per -mile for each typical section. The cost -per -mile estimates will be derived from recent City of Round Rock, Williamson County, and/or TxDOT Austin District bids. Construction cost estimates for projects in the current plan shall be reviewed and updated using the new cost -per -mile by typical and any project -specific information provided by the City. Right-of-way and utility adjustment costs are not included in this task. ENGINEER Deliverable: Technical memorandum, exhibits defining future facility improvements including conceptual alignments, typical sections, cost estimates, and right-of-way requirements for all elements. These exhibits will be furnished in a format acceptable to the City. 8. PRIORITIZE IMPROVEMENTS 8.1 Improvement Timing Evaluation — Based upon the identified facility improvement needs, ENGINEER along with City staff will evaluate the capacity deficiencies (current, 2015, 2035 and Ultimate), proposed facility improvements, adjustment factor for inflation, and anticipated funding availability to prioritize the proposed facilities. ENGINEER Deliverable: Facility improvements List, including typical sections, cost estimates and target implementation year. population, employment and tourism growth in Round Rock. 9. DEVELOP DRAFT MASTER PLAN UPDATE — ENGINEER will develop a draft Transportation Master Plan Update summarizing all study findings. ENGINEER will include recommendations for roadway, transit, bicycle and pedestrian improvements within the report. ENGINEER will coordinate the draft Transportation Master Pian Update with the General Plan being prepared for the City by others. The report will include appropriate text, exhibits, and documentation. ENGINEER Deliverable: Draft Transportation Master Plan Update report in electronic format (pdt) for review by the City. 10. FINALIZE MASTER PLAN REPORT 10.1 City of Round Rock Review — The schedule assumes 2 weeks for City Review of the draft Transportation Master Plan Update. Upon approval of the draft plan, the ENGINEER will schedule the public meeting. 10.2 Revise Master Plan Report — 10.2.1 ENGINEER will incorporate City comments prior to the public meeting. 10.2.2 Public comments will be logged and summarized for consideration by the City. The comment resolution will be incorporated into the final Transportation Master Plan Update. 10.3 Submit Final Master Plan Report — ENGINEER will submit 40 hard copies of the final Transportation Master Plan Update and ten electronic format copies (on CD or DVD) of the document to the 8 City. ENGINEER will provide both textual and graphical information in digital format. ENGINEER will provide a reproducible copy of the final Transportation Master Plan Update to the City. ENGINEER will provide a separate file with the final Transportation Master Plan Update map at 11"x17" format and updated text for the City to produce an updated handout to the March 2004 Transportation Master Plan "Ultimate Roadway Network" flyer. ENGINEER will provide an electronic version (PDF) of the TMP Update map and appropriate text suitable for printing at 36"x44". ENGINEER will furnish an ArcGIS "shapefiles" of the final map data on a CD or DVD (one copy) to City. ENGINEER will also provide meeting exhibits and other materials to the City, if desired. ENGINEER Deliverable: Final Transportation Master Plan Update Report and all Transportation Master Plan Update technical memoranda (printed and electronic) source documents in their original format. 10.4 Present Final Master Plan to Planning & Zoning Commission -- ENGINEER will prepare exhibits and handouts for a presentation of the final Transportation Master Plan Update to the City Council. The presentation will be led by City staff and ENGINEER will attend in a supporting role 10.5 Present Final Master Plan to the City Council - ENGINEER will prepare exhibits and handouts for a presentation of the final Transportation Master Plan Update to the City Council. The presentation will be led by City staff and ENGINEER will attend in a supporting role. 9 EXHIBIT C Work Schedule Attached Behind This Page 1 `0' ii •••• li 1.1 1 - ,-.....9- ................ _ - .... .. 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I ! 1 la , ',. .IIs ii11-11 I • I 1._:,,!; 11±1 A r? 1 _I] 1 il-. 411! : '4;12-r-f • . , 1 I • i frr, i i 5 i .N l• ' ,e1 VE A.• l:.1 il• g i,::•1•=1 • I 1 5 1g 1- i ii. a 11 13 1 21 3 'a 2 R ' .. ----.... _-- ___' . ,— + -'-�_- ''-�- fh -V — ---- - X i ---'- - x ii 2la ' _--- __— �2��_ '--- - -�� -- •� ^ z+ 21. 11, 11 a 1 [[ =K eg Fj r. * " || � II1n 1111RitIllifiltiii � II 6 ��•11 I . 41 |1 � |,8 II ) 111:.eqffil 11Hills1;011 41 44211111'01m iii14- 40 / . � '.—.,' 114-1 1 4141 • v� u ilii 4111,111, 111011 Ail. m I lag ultl, ,II vi 11 I 11 II l' .4 // �� x� o xx SS " EXHIBIT D Fee Schedule Attached Behind This Page ) ) ! !- i! • 743 3.1 37:2 ■ NO 0 04 04040 ,,, 2" a ta el a VA VP 4000 0 61 7!!a.!§7 �®|!®8 RE; 000 00000 00 00 32'8.-'4333?. =a-". VP 044 tO • 01 V 4040 ($ 0 40 01 ))k 33 k . 1111111111111111111111111111111111111111111111 ev 372 8 E NMV , NV N i! $|f , 28.32 & • ; t !E! ! | ! a | | e « so E | k k ) VD $ g. | os a. , et to ■ tri , § to q atg \ § | § § .04 ! Eng 2 2 ru (�\ ea ot al os es ea , .9 | 2 7. | a. E. vs !! } k \ ! .9 $ \ $ .9 / os / as) .9 \ lwakuiduainliglivtailililth, 3 k ) eu a | | Ls .9 ) \ k a § ) a. / ublolal rounded, lher Direct Coale ODC, vs 8 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE QF LIABILITY INSURANCE PRODUCER: Texas Dept of Insurance website: httelAvvev.tdistate.fx.us/ Wdlis insurance Services of Cal[fordo, Inc. 701 number required, Please refer to the Date: 0811112099 One Bush Street, 91h Floor San Francisco, CA 94104 Phone: 415-981-0600 E-mail: INSURED: URS Coiporatlon 9400 Arnbernlen Austin. TX 78729 Phone: E-mail: THIS IS TO CERTIFY THAT the insured named above is l..__.__ hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY GL919652 05101/2009 05/01/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO. $ 2,000,000 PERSONAL & ADV. INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE LIABILITY BAP938521500 05/01/2009 05/01/2010 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ 1,000,000 EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ C WORKERS' COMPENSATION W04990658 01/01/2009 01/01/2010 STATUTORY LIMITS $ AND EMPLOYERS' LIABILITY EACH ACCIDENT $ 2,000,000 DISEASE- POLICY LIMIT $ 2,000,000 DISEASE - EACH EMPLOYEE $ 2,000,000 D PROFESSIONAL LIABILITY 65023711PE08018211PEO801657 05/01/2009 05/0112030 Each Claim Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 3 1.000.000 $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITFMSIEXCEPTIONS The City of Round Rock Is named as additional Insured wlltt respect to alt policies except 'Workers' Liability' and 'Professional Liability'. Should any of the above described policies be cant thereof, the issuing company will mail thirty (30) days written notice to the cert (i ca a holde CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2908 ompensation and Employers' d before the expiration date . ida,Lelc`U1WV. / Title: Sr. V eftYJ ,S ! d Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE 701 A National Union Flre Ins Co of Piltsburgh 59500 B Zurich American Insurance Company 05322 o insurance Company of the State of PA 43390 D Lexington Ins. Company/ Lloyds of London & British Companies 101093 CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY GL919652 05101/2009 05/01/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO. $ 2,000,000 PERSONAL & ADV. INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 B AUTOMOBILE LIABILITY BAP938521500 05/01/2009 05/01/2010 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ 1,000,000 EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ C WORKERS' COMPENSATION W04990658 01/01/2009 01/01/2010 STATUTORY LIMITS $ AND EMPLOYERS' LIABILITY EACH ACCIDENT $ 2,000,000 DISEASE- POLICY LIMIT $ 2,000,000 DISEASE - EACH EMPLOYEE $ 2,000,000 D PROFESSIONAL LIABILITY 65023711PE08018211PEO801657 05/01/2009 05/0112030 Each Claim Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE 3 1.000.000 $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITFMSIEXCEPTIONS The City of Round Rock Is named as additional Insured wlltt respect to alt policies except 'Workers' Liability' and 'Professional Liability'. Should any of the above described policies be cant thereof, the issuing company will mail thirty (30) days written notice to the cert (i ca a holde CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2908 ompensation and Employers' d before the expiration date . ida,Lelc`U1WV. / Title: Sr. V eftYJ ,S ! d Page 2 Certificate of Liability Insurance DATE: September 3, 2009 SUBJECT: City Council Meeting — September 10, 2009 ITEM: 10E5. Consider a resolution authorizing the Mayor to execute a contract for engineering services with URS Corporation for the Transportation Master Plan - Update Project. Department: Staff Person: Justification: Transportation Services Tom Word, P.E., Chief of Public Works Operations The Transportation Master Plan depicts the location and general alignment of arterial level roadways within the City of Round Rock's extra territorial jurisdiction. This Pian is used to guide the Transportation Capital Improvement Program, which utilizes the /2 cent sales tax dedicated to transportation improvements which was approved by the voters in 1997. URS Corporation was chosen by the selection committee from a competitive Request for Qualifications process in which they competed with six other firms. Funding: Cost: $182,492.00 Source of funds: 4B — Round Rock Transportation System Development Corporation Outside Resources: URS Corporation Background Information: The Transportation Master Plan was originally adopted by the City of Round Rock in 1999. It was last updated in March, 2004. Some of the elements of the plan include land use and demographics, traffic demand modeling, environmental analysis, public involvement, financial analysis, and the Ultimate Roadway Network. This plan is used to assist with the economic development process and to help reduce congestion and promote mobility throughout the City. This plan incorporates elements of the Parks Department Trails Master Plan, and is incorporated into the General Plan. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY 01? ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION ADDRESS: 9400 Ainberglen Blvd., Austin, Texas 78729 PROJECT: Transportation Master Plan -Update ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the (O4):' day of Cceiw►iiler; 2009 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 0199.7122; 168124 00064494 AAOOMPLAN 1 ?,41 -o1 -(u- lue5 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 One Hundred Eighty Two Thousand, Four Hundred Ninety Two and No/100 Dollars ($182,492.00) 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: John Dean Transportation Planner Transportation Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address jdean@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: Tina L. Walker, P.E. Transportation Planner 9400 Amberglen Blvd. Austin, Texas 78729 Telephone Number (512) 419-6470 Fax Number (512) 454-8807 Email Address tina_walker@urscorp.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 attaimnent 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 01? 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 perforin 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 firlfill 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, perforrned 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 Iitigation 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 elaim 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: Tina L. Walker, P.E. Transportation Planner 9400 Amberglen Blvd. Austin, TX 78729 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 determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this 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 APP By: Alan McGraw, Mayor ATTEST: By: 11/1/11./L. Sara L. White, City Secretary URS CORPORATIO 1 By: . ' ��'%1 Co .1171"1"1. Signature of Principal Printed Name: Tony Arredondo A'rltinvo rrrol 14 VED AS To FORM: Stepha .t1 Sheets, City ttorney EXHIBIT A City Services In conjunction with the service to be provided by the ENGINEER, as described in Exhibit B, the City of Round Rock, "City", shall provide to ENGINEER the following: 1. All available studies, reports, plans, drawings, and other documents including GIS files applicable as background information to be used in development of the Transportation Master Plan Update. 2. Existing and future land use plans and GIS land use data files. 3. List of committed improvement projects for the City and County. The County's committed projects are shown in the 2015 roadway network of the Williamson County Long Range Transportation Plan. List of projects submitted to Capital Area Metropolitan Planning Organization (CAMPO) as a part of the 2035 Metropolitan Transportation Plan update process. 4. Agreement with Williamson County regarding use of model from the Long Range Transportation Plan. 5. Available major land development traffic impact study reports. 6. Major high accident locations and accident rates in the ETJ of City. 7. Available existing arterial roadway network inventory data. 8. Available list or map with intersection controls on the arterial network as defined by the previous transportation plan in the ETJ of City, including stop control and traffic signals. 9. Available train volumes, ridership and schedule information. 10. Available future railroad plans for realignment, double -tracking and/or other improvements. 11. Most current available digital orthophotography of City and its ETJ. 12. Assistance in obtaining information from municipalities, counties, and regional/state agencies such as Capital Area Metropolitan Council of Governments (CAMPO), Capitol Area Council of Governments (CAPCOG) Texas Department of Transportation (TxDOT), Williamson County and Travis County. 13. Available traffic counts in the City and its ETJ. 14. Reserving public meeting facilities at a city building, such as the Baca Center. 15. Up to 4 staff members to assist with public meeting open house. i 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 B Engineering Services The following scope of services clearly defines the tasks necessary to update the existing Round Rock Transportation Plan. 1. NOTICE TO PROCEED — ENGINEER shall commence work immediately after receiving the notice to proceed. 2. PROJECT MANAGEMENT - Project management shall consist of project coordination, project administration, and periodic progress meetings. 2.1 Project coordination involves coordinating all activities on the project with the City of Round Rock (including comprehensive planning effort), TxDOT, CAMPO, Williamson County, Travis County and adjacent or nearby municipalities. 2.2 Prepare Project Execution Plan (PXP) and Quality Assurance Plan (QAP). 2.3 Project administration involves the preparation of invoices, coordination of all work assigned to and accomplished by subconsultants, development of the baseline schedule and monthly updates, and assignment of appropriate staff members to tasks. 2.4 Periodic progress meetings involve attendance at progress meetings requested by City not specifically identified below. 3. PUBLIC INVOLVEMENT 3.1 Public Meetings — ENGINEER will develop a Public Involvement Plan during the first month of the project. The plan will address the following activities: (1) One general public meeting — an open house format public meeting shall be held for presentation of the proposed Transportation Master Plan Update to the public prior to submission of the draft final plan to the City. This task shall includes coordination and logistics for the meeting date, preparation of exhibits/handouts/presentation, attendance by 3 staff members and preparation of a meeting summary with response to public comments. The meeting location will be at a city -owned facility. (2) Presentations -- the Engineer shall prepare the presentation, handouts and exhibits for city briefings of the proposed plan update before the Planning and Zoning Commission and the City Council. (3) Stakeholder meetings — support for stakeholder meeting shall be considered additional services. (4) Providing content for a project web page on the City's website. 1 3.2 ENGINEER shall maintain a database of all attendees at public meetings and individuals who request that they be included in the mailing/e-mailing database. This database is anticipated to include contact information as well as comments and information provided by each individual. ENGINEER Deliverable: Project Execution Plan with Quality Assurance Plan, Public Involvement Plan; exhibits, handouts, and script for public meeting content for web page and presentations for planning and zoning presentation and city council presentation. Engineer will provide up to three personnel for the public meeting and one person for city briefings. Stakeholder meetings can be authorized by City as additional services. ENGINEER's contract does not include paying any fees for use of venues for public meetings if a city facility is unavailable for the desired date. It also excludes printing or mailing/delivery costs for any public outreach communications pieces. 4. EXISTING DATA INVENTORY 4.1 Environmental Issues - ENGINEER will obtain existing available environmental data that affects the City and its ETJ from readily available government sources. 4.1.1 This effort will include identifying significant environmental issues and conservation areas of concern through review of existing plans, consultation with City staff. This effort will include obtaining mapping data for karst features, Edwards Aquifer recharge, contributing, and transition zones, hazardous materials sites (limited to Leaking Petroleum Storage Tanks from the Texas Commission on Environmental Quality, Texas Railroad Commission, and sites known by the City of Round Rock staff), potential endangered or threatened species habitat identified in the Williamson County Habitat Conservation Plan and the Texas Natural Diversity Database, parks and other recreational areas, unique natural areas, known and recorded cultural resources sites and places, FEMA floodplain mapping or other readily available mapping data. 4.1.2 Limited visual field investigations from public roadways to confirm constraints in the areas associated with new projects as described in Task 7, Identify Improvement Alternatives shall be considered additional services in support of the evaluation of any new corridors. ENGINEER shall compile available information in GIS format. 4.1.3 ENGINEER shall review the compiled data with city staff to determine land area within the City and its ETJ that is 2 unlikely for development due to environmental constraints. This assessment will consider the potential use of the Williamson County Habitat Conservation Plan as an offset to development impacts. 4.1.4 ENGINEER will also utilize available demographic data to evaluate potential for environmental justice issues related to proposed transportation system improvements. This effort will also include a meeting with City planning staff. 4.1.5 ENGINEER shall prepare a technical memorandum on the environmental work from which the environmental chapter of the Transportation Plan Update will be written. ENGINEER Deliverable: GIS-based maps will be provided which depict changes in the identified environmentally sensitive areas from the 1999 plan. Data log indicating the data source and year in which the data was either created by the source entity or obtained by the ENGINEER . Technical memorandum as documentation of the work effort. 4.2 Obtain City Background Data -- Working with City staff, ENGINEER will obtain all available relevant information from the City as itemized in Attachment A. ENGINEER will use digital orthophotography provided by the City or Capital Area Planning Council of Governments to develop basemaps for use in study exhibits. This task will include one meeting with City staff regarding the update of the Comprehensive Plan. 4.3 Update TxDOT/Other Background Data - ENGINEER will monitor the CAMPO, Williamson County Commissioners Court and CAPCOG meetings to see if additional relevant information should be obtained from other entities as identified in Exhibit A. 4,4 Traffic Counts - The fee estimate assumes using existing TxDOT 2007/2008 ADT counts, City data (if available), and 2007/2008 TxDOT Saturation counts (ADT Only) exclusively. The ENGINEER shall catalog the data in the GIS for the modeling effort and for development of the existing conditions chapter of the report. 4.5 Multi-Modal Data - Existing multi-modal plans, such as transit, bicycle, and pedestrian, will be reviewed and incorporated into the existing transportation network plan as appropriate. This effort does not include Capital Metro ridership information on any existing transit service. ENGINEER Deliverable: Current digital mapping in GIS format will be updated with the information gathered for this project. Data collection log. 3 5. UPDATE WILLIAMSON COUNTY TRAVEL DEMAND MODEL 5.1 Review of Existing Conditions and Growth Projections — ENGINEER will review existing land use mapping provided by the City and demographic and land use assumptions used by Williamson County in their travel demand model for use in creating an updated Travel Demand Model (TDM) for the City. Concurrently with this project, the City is updating its General Plan. ENGINEER's efforts on this project will be coordinated with the General Plan being prepared by others. ENGINEER will provide appropriate information from the Master Transportation Plan Update to the City for incorporation into the General Plan as necessary. Demographic estimates at the traffic analysis zone (TAZ) level will be prepared for the base year of 2008 and forecast years of 2015 and 2035 Ultimate. This information will also be incorporated into the updated TDM. 5.2 Development of Forecast Year Data — ENGINEER will revise TAZs to modify the boundaries to more closely represent the City's ETJ. Corresponding adjustments to the population and employment will be made for the adjusted TAZs. The ENGINEER will work with City staff to assess distribution on population and employment for the ultimate build -out year. Various control totals from the City and other agencies will be used as the initial foundation for the demographic projections by TAZ. The socio-economic projections being developed by the City in its General Plan Update will be used to the maximum extent feasible. If this information is not available when needed for performance of services under this contract, City may authorize ENGINEER to develop the necessary information as additional services. Available additional information regarding under -construction, planned, or proposed developments and infrastructure are to be incorporated by ENGINEER into projections. In addition, ENGINEER shall review environmental constraints (identified in Section 1.4.1 above) within each TAZ that may affect development potential to assist in properly distributing forecasted population in each TAZ. 5.3 Socioeconomic Data Report — ENGINEER shall submit a preliminary draft copy of the base year and forecast years (2015, 2035 and Ultimate) data files to the City for review. Upon receipt of City comments on the preliminary report, ENGINEER shall incorporate changes as necessary and submit a final report and accompanying data to the City. The projected socioeconomic data for the forecast year (ultimate build -out) will be the primary determinant of the future demand for travel, and therefore strongly influence the transportation investments needed to provide adequate mobility in the future. The interim years (2015 and 2035) 4 will be used to assist the City in its prioritizing of the needed improvements for capital investment planning purposes. 5.4 Calibration of Updated Travel Demand Model — ENGINEER will utilize the Williamson County Travel Demand Model as the basis for development of a City of Round Rock Travel Demand Model. ENGINEER will utilize existing traffic count information to calibrate the updated TDM to meet or exceed NCHRP 255 requirements. No revision to the CAMPO roadway capacity look -up table is included in this scope of work. Since the ENGINEER is modifying a county- wide model which is based on the CAMPO model for the 2030 MTP, a thorough review and adjustments (if necessary) to the following sub -models is required to create a stand-alone Round Rock model. • Household Size, Workers, and Income Model • Review Trip Purposes for application to Round Rock • Review Trip Distribution for application to Round Rock • External Trips for application to Round Rock • Review and update the CAMPO Trip Generation and Trip Distribution Programs • Toll diversion with URS proprietary sub -model • Transit component for additional proposed services 5.5 Each of these sub -models exists in the CAMPO model and those model results will be extrapolated to the expanded, refined zone and network structures of the model developed for the City of Round Rock. This approach will perform the basic function required to analyze roadway network improvements for purposes of need identification and project prioritization as necessary for the Transportation Master Plan Update. 5.6 Training — ENGINEER will develop the City of Round Rock Travel Demand Model and will hold one (1) two-hour initial orientation session for City staff. At the initial orientation session, ENGINEER will provide handouts with general information about the model. Development of a specific User's Guide for the model is not included within this scope of services. ENGINEER will be available by telephone to answer questions and/or provide guidance to City staff on use of the model as additional services after completion of the Transportation Master Plan Update, if requested. ENGINEER Deliverable: Calibration technical memorandum, exhibits presenting existing and future land use assumptions and socioeconomic technical memorandum and a calibrated base year TDM along with handouts at initial orientation session. Results of 5 Williamson County Long -Range Plan for inclusion in the initial Draft General Plan (August 2009) and updates as required. 6. TRAVEL DEMAND FORECASTING 6.1 Future Year Forecasts - ENGINEER will assign the 2015, 2035 and Ultimate trips to the current Transportation Master Plan network. ENGINEER will review roadway capacity requirements. Based upon these 2015, 2035 and Ultimate capacities, ENGINEER will review the currently proposed roadway and intersection configurations in the existing Transportation Master Plan to determine locations where the TDM indicates there will be insufficient capacity. 6.2 Future Year Improvements - ENGINEER will review 2015, 2035 and Ultimate capacity deficiencies to identify potential modifications to the roadway network to alleviate and/or minimize capacity deficiencies. Through an iterative process of identification of alternatives and model updates with revised network configurations, ENGINEER will determine appropriate locations to provide new roadway alignments; to increase the number of travel lanes on existing or currently proposed alignments; and/or other capacity improvements. ENGINEER will perform up to four network iterations, which may include transit alternatives, within the scope of services. Additional iterations can be performed under a supplemental agreement. ENGINEER Deliverable: Technical memorandum for this task an updated Travel Demand Model, up to four iterations of future year conditions, and a draft updated Transportation Master Plan exhibit for each scenario. 7. IDENTIFY IMPROVEMENT ALTERNATIVES 7.1 Preliminary Engineering Studies — Conceptual design for new corridors shall be considered as additional services. If new corridors are warranted, the ENGINEER shall map adjacent and proximate environmental constraints (as identified in Section 4.1 above), and analyze existing traffic data in order to develop conceptual alignments, profiles, and corresponding typical sections for all proposed new roadways based upon City Design and Construction (DAC) Standards. 7.2 Multi -Modal Alternatives — ENGINEER will review all planned and implemented transit initiatives to serve the City. ENGINEER will assist the City in identifying any additional cost-effective transit, bicycle and pedestrian alternatives to complement the roadway network and the currently planned and/or implemented transit initiatives. Neither focus groups nor surveys on potential ridership are included in this effort. The task will include review and/or 6 consideration of previous studies for the development of the following subtasks: 7.2.1 Transit 7.2.1.1 Passenger rail between downtown Austin and Round Rock, with extensions to Pflugerville and Georgetown is being evaluated by the City with another consultant. ENGINEER will include the latest information from that effort in the assessment of an integrated public transportation network. 7.2.1.2 Regional Rail (ASAICRD) service between Georgetown and San Antonio. 7.2.1.3 Express Bus (to downtown Austin, Lakeline Park and Ride, or other CapMetro rail stations), Passenger Rail (from Georgetown to downtown Austin with up to two stations in the City). 7.2.1.4 Local circulator service within the City including conceptual routing for up to eight routes. 7.2.1.5 0n -demand service (similar to existing CARTS with upgraded service within the City). 7.2.2 ENGINEER will review the City's Bicycle/Pedestrian Plan (prepared by others) and Parks Master Plan to evaluate and recommend potential remedies to any identified incompatibilities/inconsistencies with the roadway/transit system networks. 7.2.3 The ENGINEER shall prepare a technical memorandum as documentation of this effort. 7.3 Assessment of Right -of -Way Needs — ENGINEER shall review the typical sections in the previous plan for compliance with City and/or TxDOT standards. These right-of-way requirements will allow the City to accurately define future right-of-way needs for use during the platting process to assure that adequate corridors are secured for future transportation system needs. The ENGINEER shall review the streets designated for the proposed circulator bus system to confirm compatibility for bus operations. 7.4 Preliminary Estimates — ENGINEER shall develop preliminary construction cost estimates based on the conceptual designs for all projects based on a cost -per -mile for each typical section. The cost -per -mile estimates will be derived from recent City of Round Rock, Williamson County, and/or TxDOT Austin District bids. Construction cost estimates for projects in the current plan shall be reviewed and updated using the new cost -per -mile by typical and any project-specific information provided by the City. Right-of-way and utility adjustment costs are not included in this task. ENGINEER Deliverable: Technical memorandum, exhibits defining future facility improvements including conceptual alignments, typical sections, cost estimates, and right-of-way requirements for all elements. These exhibits will be furnished in a format acceptable to the City. 8. PRIORITIZE IMPROVEMENTS 8.1 Improvement Timing Evaluation — Based upon the identified facility improvement needs, ENGINEER along with City staff will evaluate the capacity deficiencies (current, 2015, 2035 and Ultimate), proposed facility improvements, adjustment factor for inflation, and anticipated funding availability to prioritize the proposed facilities. ENGINEER Deliverable: Facility improvements list, including typical sections, cost estimates and target implementation year. population, employment and tourism growth in Round Rock. 9. DEVELOP DRAFT MASTER PLAN UPDATE -- ENGINEER will develop a draft Transportation Master Plan Update summarizing all study findings. ENGINEER will include recommendations for roadway, transit, bicycle and pedestrian improvements within the report. ENGINEER will coordinate the draft Transportation Master Plan Update with the General Plan being prepared for the City by others. The report will include appropriate text, exhibits, and documentation. ENGINEER Deliverable: Draft Transportation Master Plan Update report in electronic format (pdt) for review by the City. 10. FINALIZE MASTER PLAN REPORT 10.1 City of Round Rock Review — The schedule assumes 2 weeks for City Review of the draft Transportation Master Plan Update. Upon approval of the draft plan, the ENGINEER will schedule the public meeting. 10.2 Revise Master Plan Report — 10.2.1 ENGINEER will incorporate City comments prior to the public meeting. 10.2.2 Public comments will be logged and summarized for consideration by the City. The comment resolution will be incorporated into the final Transportation Master Plan Update. 10.3 Submit Final Master Plan Report — ENGINEER will submit 40 hard copies of the final Transportation Master Plan Update and ten electronic format copies (on CD or DVD) of the document to the 8 City. ENGINEER will provide both textual and graphical information in digital format. ENGINEER will provide a reproducible copy of the final Transportation Master Plan Update to the City. ENGINEER will provide a separate file with the final Transportation Master Plan Update map at 11"x17" format and updated text for the City to produce an updated handout to the March 2004 Transportation Master Plan "Ultimate Roadway Network" flyer. ENGINEER will provide an electronic version (PDF) of the TMP Update map and appropriate text suitable for printing at 36"x44". ENGINEER will furnish an ArcGIS "shapefiles" of the final map data on a CD or DVD (one copy) to City. ENGINEER will also provide meeting exhibits and other materials to the City, if desired. ENGINEER Deliverable: Final Transportation Master Plan Update Report and all Transportation Master Plan Update technical memoranda (printed and electronic) source documents in their original format. 10.4 Present Final Master Plan to Planning & Zoning Commission -- ENGINEER will prepare exhibits and handouts for a presentation of the final Transportation Master Plan Update to the City Council. The presentation will be led by City staff and ENGINEER will attend in a supporting role 10.5 Present Final Master Plan to the City Council - ENGINEER will prepare exhibits and handouts for a presentation of the final Transportation Master Plan Update to the City Council. The presentation will be led by City staff and ENGINEER will attend in a supporting role. 9 EXHIBIT C Work Schedule Attached Behind This Page 71 I l!li• t 1 1_0!51-1,1,A!!1:9,V.,,A1PATA!!!,101.1111114141114414144141114414441- !! ,, . .. .!..f .. "- -.. : ..., , . .. . li/J1 ,, . • IN I; 111 litiii1111111,1111111111111iiiiii g ggz gs .1a. al I 1-Hr1+-7;741--T14}14 1414H41414)M --''''TF-1-4-1-4}-40}-41. A 1. 1 a, a .0, 0. ti 1 1 «•a 1 IMO 111_14;11 gra * 2 3 3 e '3• t , r#4, e" ...................... i 19 112 . L ... .. li 4 j.... d ; [ [ S s Round Rock Tronnportadon M� e..w w,,,. , ._.__ Draft Schodule X R 7 I 1.1�Fa't 1 pp $3 $$ % A 4 : 1. $$i �$] 1 1 1 1 e^ 1 i�� Y 8§ 1411141!1"11!!!!114 y! r - :; E .� o 8 fl .! ;ail � "�'�#83 �^d jl . 9 '.. 111:41111111111111111-4t a3 I cd Mil •- - 3 ir s 1 1 1 1 � k i 'E ! p i i� S ]� is1 `^ l 3 3 5g3 a 1 1 1 g 1 3 � 4 3 g g '"1111 m 0 7 9$ a R g 334 ! E� , iA41 3,1P99999 ' a a1 n 1 1 1 5 1 aa; $ 1 i3 1 3 1 1 1 d t t �.. 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Project Management 2,1 Proleet Coerdlnallan 2.2 Project Execution Plan and Quality Assurance Plan ! ir.\k}f : !. )® ■f,. /06 PUplle Involvement 3.1 Public Involvement Plan 3.1.1 Pubs° Meetings 3.1.1.1 Open House 3.1.1.1.1 Logistics & Advertising ` ƒ 3.1.1.15 Comment Response 3.1.1.2 Presentations to City P02 and City Council 3.1.1.2.1 Prepare updated exhibits/handcarts based on public Teed D2ck, P8Zleed0ackgor council)___ 3.1.1.22 Attend PSZ meeting 3.1.1.2.3 Attend City Council meeting 3,1.1,2.4 Prepare meeting summaries/response to comments (2 meg 3.1.1.3 Stakeholder Meetings (Additional Services) 3.1.1.4 Project Webpego f _ \ } .0 ( ! liA / 0. _ 22 ` _ ) ' !i• S;; } Ii 4Existing Data Inventory 4.1 Environmental Issues 4.1 .1 Coiled and compile data sets Into GIS I Hemet Cites 4aail .1.1.4 4.1.1.4 Th00Ilnique noodd anAreaangered Species Habitat ) .- / 4.1.2 Visual Field Investigations foe Now Corridors (Additional Services) 4.1.3 Coordination 04111 City Regarding Future Land Use (Env. Peraperllue) ! g @; /© - �� 1.2.1 Coordinate receipt, cataloging and dissemination of data 4.2.2 Review and syntnesiae data applicability 42 3 Coonallo min Meeting vmh General Pion Efforts 4.3 Update TxDOT(Olher Background Date used for WILCO 4.4 Tra1Re Counts 4.5 MUIll-Modal Data 5 Update WILCO Travel Demand Model 5.1 Review Exlepng Conditions and Growth Projections 5.1.1 Coordination with City Planning Stag regarding Demographics & Projected Land Use : | - - . �� 5.22 Demographic DI64g9re4allon _ 5.3_Sae1oaeonemto Repof 5.3.1 Prepare Drat) Soelonconwnic Report 5.32 Respond to Comments/ Resubmit Fine1 Report 5.4 Calibration o/ Update Travel Demand Model 5.4.1 Develop Initial Model Restate and Assessment 5.4.2 Adjustment of Su5rnodels and Re -Assessment 5.4.3 Calibration Tech Meng I-.; •!,. 2 --_ f.. i$\ ! g(\ |§a , - I 16.2 Future year Improvements 6.2.1 Confirm RR's Projects In WILCO 2015 end 2035 Networks B 2 2 Assess Additional Capacity Needs 6.2.3 Evaluate Four Iteration, of Proposed improvements (includes Transit) / ) ■2224Z2@ AU , "s ,��. 2, §.1 . & #, ■. .; # § . ° / �■C "� :` E R q@ !! wR„ :ee9■ 2 [ - 2PE --- - -- R§3;2 ...- ---- ■■ - , | ! - .4 --N. Q; ; 2 - )� (® / " — g 2.4943 2.4943 2.4943 2.4943 2.4943 2.4943 2.4943 2.4943 2.4943 2.4943 24943 2.4943 2.4943 2.4943 2.4943 2.4943 2.49431 3 197.05 9 174,80 3 162.13 $ 115.88 $ 137.94 S 107.26 $ 94.16 5 85.93 $ 71.71 $ 126.71 $ 7882 $ 64.73 0 83,81 3 61.11 3 10207 9 58.62 $ 58.72 $ 1,576.40 624,444.31 $ 8,592.89 5 26,428.68 9 10,821,01 $ 7,293.35 $ 23,445.86 83,780.87 $20,724.57 $10,263.58 912,371.76 97,682.91 95,531.38 59,961.02 5 306.20 02,110.18 $5,558.07 H ) §k\ kt \ § c2§|| &k- k§ § $§| .|;! .k § \" § \=\'\ § Li § §/ 7 % {( ` ~ § ,St114 sr § ) )) )k{ ` § ° \� " \ § - -- I i / § , t i ( \/) {}) ` !2 It _ g! }ƒ re ] ! \ ) 2\ / i \a . \ _ k \] 7: - ! 5/ ƒ i \ \ 7.4.2.2 Projects in the Current Plan, os Modified by Update Improvement Timing Evaluation Develop Draft Muter Plan Update 9.1 Develop Table of Contents and Format Template 9.2 Compile and Edit Tach Memos 9.2.1 Prepare Draft Text sod Exhibits 9.2.2 Duality Reviews/Revise 09 Needed 9.3 Produce Draft Master Plan for Submittal (electronic) Finalise Master Plan Update Report 10.1 City of Round Rock Review _ \ // - . . - - ) ` � w 00000 nesponee en0 001u51 plan, as needed 10.3 Submit Final Draft 10.3,1 Produce 40 Pnnled/Sound Copies 8 10 Electronic Formal Copies (.581)_ 10.3.2 Provide we Reprodu4ble Copy 10.3.3 Develop/plovlde 11,17 map end lest for pian handootlflyer 10.3.4 Provide Ar0GIS 090900ies / )_ \_ 82 /) /j 4 \\ --. . B }_ !! ) \ a I 5 8 8 . t 2 / i - 8� newt -qv wµ•s et une BAN - 80'404400 sheets 99.10 Color letter - 20'40.800 sheets Bp 0.76 Color lablold - 20.40. 800 sheets X1.38 Tabs 376©0.49 Coil binders @ 1.50 4onnlin9 for Exhibits (11 oub0urres, boards 81350 each) 575er lcoMwlls, public meeting supplies) � � ] - , ., EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE QF LIABILITY INSURANCE PRODUCER: Willis insurance Services of California, Inc. One Bush Street, 9th Floor San Francisco, CA 94104 Phone: 415-081-0600 E-mail: INSURED: URS Corporation 9400 Ambernlen Austin. TX 78729 Phone: E -math Date: 08/11/2009 TDI number required. Please refer to the Texas Dept of Insurance website: hltp:lAwrw.tdLstate.tx.usl THIS 1S TO CERTIFY THAT the insured named above is Insured by lite Companies listed above with respect to tho busit ess operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by he companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL919652 05/01/2009 05/01/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 13 AUTOMOBILE LIABILITY BAP938521500 05/01/2009 05/01/2010 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ C WORKERS' COMPENSATION WC4990850 01/01/2009 01/01/2010 STATUTORY LIMITS $ AND EMPLOYERS' LIABILITY EACH ACCIDENT $ 2,000,000 DISEASE - POLICY LIMiT $ 2,000,000 DISEASE -EACH EMPLOYEE $ 2,000,000 D PROFESSIONAL LIABILITY 6502371/PE0801821IPE0801657 05/0112009 05/01/2010 Each Claim Aggregate $ 1,000,000 3 1,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSTLOCATIONSiVENIGLES/SPECIAL 1TEMSIEXCEPTIONS The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' ompensalion and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cant I or ang.d before the expiration date thereof, the Issuing company will mall thirty (30) days written netleo to the cert CERTIFICATE HOLDER: City Manager City of Round Rock SIGNAT 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2008 Type J _ _ Titte: sr. V n Vii- Yre7s Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE 7D1 A National Union Fire Ins Co of Pittsburgh 59500 B Zurich American Insurance Company 05322 C Insurance Company of the State of PA 43300 0 Lexington Ins. Company 1 Lloyds of London & British Companies 101093 THIS 1S TO CERTIFY THAT the insured named above is Insured by lite Companies listed above with respect to tho busit ess operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by he companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL919652 05/01/2009 05/01/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 13 AUTOMOBILE LIABILITY BAP938521500 05/01/2009 05/01/2010 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ C WORKERS' COMPENSATION WC4990850 01/01/2009 01/01/2010 STATUTORY LIMITS $ AND EMPLOYERS' LIABILITY EACH ACCIDENT $ 2,000,000 DISEASE - POLICY LIMiT $ 2,000,000 DISEASE -EACH EMPLOYEE $ 2,000,000 D PROFESSIONAL LIABILITY 6502371/PE0801821IPE0801657 05/0112009 05/01/2010 Each Claim Aggregate $ 1,000,000 3 1,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSTLOCATIONSiVENIGLES/SPECIAL 1TEMSIEXCEPTIONS The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' ompensalion and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cant I or ang.d before the expiration date thereof, the Issuing company will mall thirty (30) days written netleo to the cert CERTIFICATE HOLDER: City Manager City of Round Rock SIGNAT 221 E. Main Street Round Rock, Texas 78664 128384 00650 —1-2008 Type J _ _ Titte: sr. V n Vii- Yre7s Page 2 Certificate of Liability Insurance