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R-11-07-14-11F2 - 7/14/2011RESOLUTION NO. R -11-07-14-11F2 WHEREAS, the City of Round Rock desires to retain engineering services for the Signal Improvements on University at Teravista Club Dr., Sandy Brook Dr., and College Park Dr., and on A.W. Grimes at Creek Ridge Blvd., and WHEREAS, Kimley-Horn and Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Kimley-Horn and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Kimley-Horn and Associates, Inc. for the Signal Improvements on University at Teravista Club Dr., Sandy Brook Dr., and College Park Dr., and on A.W. Grimes at Creek Ridge Blvd., 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 14th day of July, 2011. )14/Z ------ ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCCInts\0112\ 1104\MUNICIPAL \00226705.DOC/rmc ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer") ADDRESS: 10415 Morado Circle, Bldg. I, Ste. 300, Austin, Texas 78759 PROJECT: Signal Improvements on University at Terravista Club Dr., Sandy Brook Dr., and College Park Dr.; and on A.W. Grimes at Creek Ridge Blvd. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made.and entered into on this the day of , 2011 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. 05/10 0199.7175; 00224949 00192831 TX05-TRFS1G-Group J 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services. !! Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and 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 Seventy Nine Thousand. Ninety -Seven and 71/100 Dollars ($79,097.71) 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: Chad Andrew Wood, P.E. Transportation Engineer Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6601 Fax Number (512) 218-5563 Email Address cwood@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: Brian David VanDeWalle, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg. I, Ste. 300 Austin, Texas 78759 Telephone Nurnber (512) 418-4500 Fax Number (512) 418-1771 Email Address brian.vandewalle@kimley-horn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in fi►11 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 USE 01? DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instrutnents of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instrutnents of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. 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. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfinI 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 9 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. 10 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 11 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. 12 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Brian David VanDeWalle, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg. 1, Suite 300 Austin, Texas 78759 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. 14 (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 By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary KIMLIW -HORN AND A SOCIATES, INC. /il, 0".4)...4... --- By: Signature of Principal L � � Printed Name: Hooke «� a,� eeu &fen 15 AP VED Ls T FORM: Step L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City: Round Rock, Texas Location(s): Multiple Intersections University Boulevard @ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Boulevard @ Creek Ridge Boulevard Project: Signal Improvements SCOPE OF WORK OVERVIEW The PROJECT will consist of traffic signal designs for four intersections in Round Rock, Texas. SERVICES TO BE PROVIDED BY THE CITY A. Provide a project coordinator to work with Kimley-Horn and Associates, Inc. (KHA) during the development of the project. B. Provide example plans for City of Round Rock formatting preferences. C. Provide GIS layers with City utility locations for each of the intersections. D. Provide example Bid Documents for City of Round Rock formatting preferences. E. Provide MSWord files with Construction Contract and Bid Document boilerplate. F. Provide available as -built plans showing the location of storm sewer, water lines, and wastewater lines. G. Provide City specific detail sheets for traffic signals. H. Provide utility contact information. EXHIBIT B Engineering Services City: Round Rock, Texas Location(s): Multiple Intersections: University Boulevard.@ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Boulevard @ Creek Ridge Boulevard Project: Signal Improvements SCOPE OF WORK OVERVIEW Kimley-Horn and Associates, Inc. (KHA) will provide design plans, specifications, estimates, and bid documents for traffic signal designs at four (4) intersections in Round Rock, Texas. The following assumptions pertain to this Scope of Work: ■ Each intersection will be mast arm pole installations with VIVDS detection and Opticom. • It is likely that a fourth leg will be added to the intersection of University @ College Park Drive due to new development on the north side of the intersection. The signal will be built to accommodate the ultimate intersection configuration. • Base drawings for the intersection will be based on record drawings provided by the City of Round Rock. A One -Call Utility locate will be issued to field verify all marked utilities. ■ Design will be based on TxDOT standards and specifications. • Plans will be prepared in accordance with the Texas Manual on Unifoini Traffic Control Devices (TMUTCD). • Bid Documents will be based on standard contract material provided by the City of Round Rock. ■ No federal funds will be used in the construction of these projects. KHA will submit draft plans within nine weeks of receiving authorization to proceed. Final plans will be submitted within two weeks of receiving City review comments. TASK 1.0 PROJECT ADMINISTRATION Project management spans the entire duration of the project and involves monitoring and coordination of services provided to the City to assure timely and efficient completion of the project. Included in this task are project control and scheduling, documentation, reporting requirements, staff forums, meetings, and quality control. Subtask 1A. Documentation Surveying notes, reports, technical memoranda, status reports, invoices, and other correspondence relevant to the project will be summarized and turned over to the City at the conclusion of the project. Subtask 1B. Reporting Requirements Monthly email status reports will be prepared and submitted to the City. The emails will contain a general report of project progress and contract fulfillment. Subtask IC. Meetings Project review and project specific technical meetings will be conducted under this subtask. Unless otherwise stated herein, it is assumed that all Project review meetings will be held at the City of Round Rock Public Works Department offices. It is agreed for budgeting purposes that one kickoff meeting, one field review meeting, one PS&E review meeting and one technical meeting will be held relative to the Project. Subtask ID. Project Coordination The Engineer will coordinate data collection and design efforts with City staff. TASK 2.0 BASE MAPS, AND SPECIFICATIONS ASSEMBLY This task includes the collection and organization of data by the Engineer for use in other tasks of this project. The specific type, quantity and other requirements of the data to be surveyed, collected, reduced, and/or organized by the Engineer are described in the following subtasks. (a) KHA will assemble applicable design standards and specifications from TxDOT. (b) KHA will gather available existing record drawings and design file information of the Project from City of Round Rock files. (c) KHA will conduct a one call utility Locate for the site investigation. KHA will perform a field reconnaissance of the intersection to determine existing pavement widths, lane configurations, traffic control devices, and above ground utility locations. (d) KHA will prepare a base map of existing geometries, utilities, and traffic control devices, from record drawings and site reconnaissance. 2 (e) KHA will collect vehicle turning movement counts at up to 20 locations, as directed by the City. TASK 3.0 PRELIMINARY PLANS & SPECIFICATIONS KHA will prepare preliminary traffic signal designs for the project locations. The basic design parameters will be based on discussions with the City of Round Rock and applicable TxDOT standards. Using the base maps from Task 2.0, KHA will prepare a conceptual layout showing the locations of the controller cabinet and signal poles. The conceptual layout will be utilized in a field review meeting with City staff and the electric utility provider. Adjustments will be made based on field conditions. Following the field review meeting, KHA will produce, provide internal quality control/quality assurance for, and submit preliminary plans and a list of specifications to the City of Round Rock for review and comment. The anticipated sheets to be prepared and submitted are: (a) Title Sheet; (b) General Notes; (c) Quantity Estimates (d) Existing Conditions; (e) Signal Layout; (f) Signal Elevations; (g) Conduit Run and Wiring Summaries; (h) Phasing and Detection Schemes; (i) Signing and Pavement Markings; and (j) Preliminary, detail sheets Specifications for inclusion in the bid documents will also be submitted to the City for review and comment. Task 3 deliverables will include three (3) copies of the signal layout sheets, summary chart sheets, all modified TxDOT standard sheets, timber pole standard sheets, and a list of all applicable specifications. TASK 4.0 FINAL PLANS. SPECIFICATIONS & ESTIMATES Following the review meeting described in Subtask 1(c), KHA will produce the final plans, specifications, engineer's opinion of probable construction cost, and bid document package. Final plans and specifications will be submitted to the City. Task 4 deliverables will include: (a) Final Plans. Three (3) paper copies will be provided to the City. Following receipt of construction as built markups from the contractor, one (1) set of reproducible record drawings will be provided to the City. (b) Final Engineer's Opinion of Probable Construction Cost. Three (3) copies will be provided to the City. TASK 5.0 BID DOCUMENTS KHA will prepare bid documents for the signal design and intersection modifications. Bidding documents, including specifications for the subject Work and the construction contract, will be based on standard City of Round Rock documents. Preliminary bid documents will be submitted to the City for review and comment. After receiving review comments, one (1) set of unbound specifications and bid documents will be provided to the client. The deliverables under this task will include: a) Preliminary Bid Documents. One (1) unbound set will be provided to the City. b) Final Bid Documents. One (1) set of reproducible originals and one (1) bound copy will be provided to the City. TASK 6.0 CONSTRUCTION BIDDING ASSISTANCE If required, KHA will also provide bidding assistance to the City. This will include the following: a) Providing copies of the plans and bid documents on an online plan room. b) Sending out fax notices to known traffic signal contractors. c) Responding to contractor questions through -the issuance of addenda. d) Attend bid opening, prepare a tabulation of bids, and prepare a letter of recommendation for award of the contract. e) Prepare the contract documents for execution by the contractor, receive and . review such documents for completeness, and forward to the Client for review and execution. TASK 7.0 CONSTRUCTION PHASE SERVICES KHA will provide the City with the services during construction listed below, which are only related to the civil improvements designed under this contract for one phase. The City will administer all construction contracts. KHA will: (a) Make up to three (3) visits to the project site, at intervals appropriate to the various stages of construction as KHA deems necessary, in order to observe the progress and quality of the civil aspects of the work of the construction contractor. Based on KHA's site visits, KHA will inform the City as to the progress of the work and advise the City of any substantial defects and deficiencies in the work of the contractor which are discovered by KHA, or are otherwise brought to KHA's attention. (b) Attend one (1) pre -construction meeting with the City, Contractor, or other members of the project team. Additional meetings, if required, will be invoiced on an hourly basis. (c) Consult with and advise the City and issue instructions to the contractor on civil engineering items requested by the City. (d) Conduct, in company with City staff, a final inspection of the traffic signal facilities of the project for conformance with the design concept of the project and in general compliance with the Contract. (e) Provide Engineer's concurrence letter to the City indicating that the traffic signal and median modification -related portions of the project were constructed in general conformance with the construction plans and specifications. KHA -shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor or the safety precautions and programs incidental to the work of the Contractor. KIIA shall not guarantee the performance of the Contractor nor be responsible for the acts, errors, omissions, or the failure of the Contractor to perform the construction work in accordance with the Contract Documents. The City agrees to include in all construction contract provisions for Contract indemnification of both the City and KHA for Contractor's negligence and to name both the City and KHA as additional insured on applicable contractor's insurance policies. TASK 8.0 TRAFFIC COUNTS (a) KHA will collect vehicle turning movement counts at up to 20 locations, as directed by the City. This service will be provided by GRAM Traffic Counts and billed on a cost plus basis. EXHIBIT C Work Schedule Attached Behind This Page d0 p T 2 8 g E0 m V� g v c i9i d Y N .S T W gigUto to 2 y3EPEE UQ .Vwm$ Aiil To y • UC u i"i $ci 1- 0 PSE for Traffic Signal Imrovements: al ? I 47% 40 00 .. n H .�-1 m .. 410. a 1-1Y 0 411.7U! co1 111 o .1110. n to LA a m N d21 m .....-i X m .-i .-1 Y N (Base Maps / Field Recon Cm Y (Preliminary Layouts g� i`n NOP/Coordination (Preliminary PS&E 1 w gm C A g a d N BId Opening /Tabulations IpunoO Alli E Z CConstruct on Phase 1 Drawing of Record EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D Fee Schedule Project Name: Signal Improvements University Boulevard @ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Blvd. @ Creek Ridge Blvd Consultant: Kimley-Horn and Associates, Inc. Cost Component, Hours Project Manager Engineer EIT Project Accountant Clerical Admin Total Hours Total Hours Cost Component, Dollars Project Manager Engineer EIT Project Accountant Clerical Admin Direct Hourly Rate $68.66 $35.34 $27.77 $30.29 $22.72 Direct Labor Cost $10,161.68 $6,997.32 $4,554.28 $363.48 $363.52 Indirect Cost $19,802.07 $13,635.68 $8,874.93 $708.31 $708.39 Profit @ 12.00% Phone, Fax, Postage, Advertisements, Computer Time Travel Expenses Total Expenses Total Cost 148 198 164 12 16 538 $29,963.75 $20,633.00 $13,429.21 $1,071.79 $1,071.91 $66,169.65 $7,940.36 $4,872.20 $115.50 $4,987.70 Kimley-Horn (KHA) Lump Sum Fee Summary Direct Labor Indirect Costs ( 194.87% Direct Costs Profit @ 12.00% SUBTOTAL KHA Fee Subconsultant Fee Summary Traffic Counts (not to exceed - by GRAM Traffic) SUBTOTAL Subconsultants $22,440.28 $43,729.37 $4,987.70 $7,940.36 r $79,097.711 $4,193.80 $4,193.80 TOTAL PROJECT FEES $83,291.51 Hour Breakdown by Task PSSE for Traffic Signal Improvements At University Boulevard Terravista Club Drive University Boulevard a Sandy Brook Drive University Boulevard trg College Park Drive AW. Grimes Blvd. DI Creek Ridge Blvd 79097.71207 DESCRIPTION OF WORK TASK Total Plan Sheet Count PM Engr E1T Proj Acet Clerical Admin Total Labor Hours L PROJECT MANAGEMENT a Project Setup- 4.0 4.0 8.0 b Meetings - 8.0 8.0 18.0 c Repotting - 8.0 4.0 12.0 d Project Coordination - 8.0 4.0 12.0 Subtotal 24.0 8.0 12.0 4.0 48.0 II. BASE MAPS AND SPECIFICATIONS a Assemble Design Standards end Specifications - 4.0 4.0 20.0 28.0 b Gather Available Record Drawings - 4.0 4.0 8.0 16.0 c Ona Can Laity Locale - 8.0 8.0 16.0 d Ste Recon - 16.0 16.0 32.0 • Prepare Base Map - 4.0 4.0 24.0 32.0 Subtotal 28.0 36.0 60.0 124.0 It PRELPMNARY PLANS a Title Sheet 4.0 2.0 4.0 8.0 b General Notes 4.0 8.0 4.0 12.0 c Oua Dy Estimates 4.0 2.0 8.0 10.0 d Signal Layout 4.0 4.0 4.0 32.0 40.0 is Signal Elevations 4.0 4.0 4.0 24.0 32.0 1 Phasing and wring Diagrams 4.0 4.0 4.0 16.0 24.0 g Detection Schemes 4.0 2.0 4.0 4.0 10.0 h Condo/ and Cabtng Charts 4.0 4.0 8.0 16.0 28.0 Subtotal 32.0 30.0 40.0 82.0 162.0 W. FINAL PLANS a Tile Sheet 4.0 2.0 4.0 6.0 b General Notes 4.0 4.0 4.0 8.0 c OtantiiyEstknetes 4.0 4.0 8.0 12.0 d Signal Layout 4.0 2.0 4.0 8.0 14.0 • Signal Elevations 4.0 2.0 16.0 18.0 1 Phasing and Wring Diagrams 4.0 4.0 • 16.0 20.0 o Detection Schemes 4.0 2.0 4.0 6.0 h Conduit and Cabing Charts 4.0 2.0 8.0 10.0 1 Standard Distad Sheets 20.0 0.5 2.0 2.5 Subtotal 62.0 22.5 66.0 8.0 86.5 V. BID DOCUMENTS a Pratt Bid Docs 2.0 8.0 1.0 11.0 b Special Specifications - 4.0 4.0 e Special Provisions - 0.5 1.0 1.5 d Revisions based on City Review 1.0 1.0 2.0 e Final BM Docs _ 1.0 4.0 6.0 Subtotal 8.5 10.0 5.0 23.5 W. CONSTRUCTION BIDDING ASSISTANCE a Plan Sheets to Online Plan Room20 2.0 4.0 b Fax Notices to Signal Contractors 1.0 1.0 2.0 c Addenda issuance 1.0 1.0 2.0 d Bld Operhing, Tabulation. Letter of Recommendation 0.5 2.0 2.5 • Contact Doaxnaks 1.0 4.0 5.0 Subtotal 2.5 6.0 7.0 15.5 Vtl. CONSTRUCTION PHASE SERVICES a Ste risks (2) 12.0 12.0 24.0 b Pre -Construction Meeting (1) 3.0 3.0 6.0 c RFI 1.0 4.0 5.0 d Final Inspections 1 Tum On (2 Hrs 1 kix) 16.0 12.0 28.0 • Concurrence Letter 0.5 1.0 1.5 Subtotal 32.5 32.0 64.5 VM. TRAFFIC COUNTS a Turning Movement Counts (Up to 20 kNerseetions) 4.0 4.0 Subtotal 4.0 4.0 HOURS TOTALS 84.0 148.0 158.0 164.0 12.0 16.0 538.0 Kimley-Horn and Associates, Inc. EXPLANATION OF EXPENSES (Round Rock Signal Designs - 4 Intersections} PS8E for Traffic Signal Designs At: University Boulevard @ Terravista Club Drive University Boulevard Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Blvd. @ Creek Ridge Blvd General Expenses (Function Code 110 and 165) A. Printing and Reproduction Plan Submittal Printing Preliminary 32 (11'x17" Prints / Copies)/set x 4 sets x 30.15 ea. 319.20 Final 52 (11"x17" Mylar Prints)Iset x 4 sets x 31.00 ea. 5208.00 Check Prints 150 (11"x17" Prints l Copies)/set x 1 sets x 30.15 ea. 522.50 Total Printing and Reproduction: $249.70 B. Communication Fed -Ex Service 0 pkgs x 530.00 /pkg. $0.00 Telephone, Fax, Postage Total Communication: $0.00 C. Travel Automobile Mileage Mileage 7 trips x 30 miles/trip x 30.55 /mi $115.50 Automobile Rental Rental 0 days x $61.00 /day 30.00 Fuel 0 days x 515.00 /day 30.00 Airfare 0 trips x $200.00 /trip 30.00 Per Clem B Lodging Lodging 0 nights x $80.00 /night 30.00 Per Diem 0 days x $30.00 /day $0.00 Total Travel: $115.50 D. Computer CARD Tech 100% 0 hours • x 325.00 fir 30.00 EIT 60% 98 hours x 325.00 fir 32,460.00 Engineer 25% 87 hours x 525.00 /hr $2,162.50 TOTAL 185 Total Computer: $4,622.50 Total Direct Expenses: 34,987.70 EXHIBIT E Certificates of Insurance Attached Behind This Page 0 'l_AlIC'" CERTIFICATE OF LIABILITY: INSURANCE DATE f THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. •- IMPORTANT: 0 the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 0 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER cue cT Jerry Noyola Grayling Insurance Brokerage rPil�cNroe.E.,„ (770)552-4225 FAX , 450 Northridge Parkway Ittriss:Jerry.noyo1a@greyling.com Suite 102GUSTO/AERIDA00001398 Atlanta GA 30350 IN9URER(S)AFFORDING COVERAGE NAZCA INSURED eisuRERA:Travelers Indemnity Company of ,25682 A INsunERa:Travelers Indemnity Company 25658• Kimley-Horn and Associates, Inc. INSURER C:Travelers Property Casualty 25674 P.O. Box 33068 nrsuRERD:Phoenix Insurance Company 25623 s(suReaE:Lexington Insurance Company 19437 Raleigh NC 27636 • INSURERF: PERSONALEADVWURY .-.,v,vrm nvn,ogn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS -CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR TYPE OF INSURANCE INS OMR SUBR MND POLICY NUMBER POU EFF {MWD POLICY RXP_ ruao UNITS GENERAL }( LIABILITY COMMERCIAL GENERAL tawny EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREM1SEs{Eaooc,,,,„col - $ 1,000,000 A CLAIMS -MADE X OCCUR P -630 -8193399A -TCT -10 12/1/2010 12/1/2011 NEDup(Any ene son) $ 10,000 $ 1,000,000 PERSONALEADVWURY —1 GENLAGGRE(G�A�,I� GENERAL AGGREGATE $ 2 , 000 , 000 PECT TELI�MpITAP�PUESPEC POLICY I >< II X I to, PRODUCTS-COMPJOPAGG $ 1,000,000 $ ' B . AUTOMOBILE X X X LUABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS ION -OWNED AUTOS P -810 -5724B497 -IND -10 12/1/2010 12/1/2011 COMBINED SINGLE MUT QEaaoddenq $ 1, 000 000 , BODILYINJURY (Perpawn) $ BODILY INJURY (Pa accident) 5 PROPERTY DAMAGE (Per accident) 5 UndeNmred motorist BI spit $• - Uninsured motedstproperty $ C X UMBRELLA !JAB EXCESSi1Ae X OAR CLAIMS -MADE PSH -CUP -8193899A -TIL -10 12/1/2010 12/1/2011 EACH OCCURRENCE $ 5 , 000 , 000, AGGREGATE $ 5,000,000 X DEDUCTIBLE RETENr10N $ 10,000 $ $ D WORKERS COWERS/MON AND EMPLOYERS' LIABILITY MY PR IRI ESR R1NEIVEXCLUDED? OFFI(MandalwylnNH) 1OF OPERATIONS YIN NIA PNUB-8103899A-10 12/1/2010 12/1/2011 X I RYSUMT I {GER ` ECW1VE N EL. EACH ACCIDENT $ 500,000 below ELDISEASE -EA EMPLOYEE $ 500,000 EL. DISEASE -POLICY LIMIT $ ' 500,000 E Professional Liability 016017332 6 001162363 12/9/2010 12/1/2011 Per darn $4,000,000 Anneals $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attaph ACORO 101, Addldo al Remarke Schedule, U tion space Is requited) ' Re: For A11 Projects with the City of Round Rock. Th. City of Round Rock, TX is named es an Additional Insured on the above referenced liability policies with the exception of workers compensation s professional liability. This insurance is primary i non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract 6 allowed by law. Should any of the above described policies be cancelled by the issuing CANCELLATION City of Round Rook, TX City Manager 221 East Main Street Round Rock, TX 78664 ACORD 25 (2009108) 1N3025 poses) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION • DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Alan Bressler CI 198: ACORI3 CORPORATION. All rights reserved. The ACORD name and logo are registered marks o • RD COMMENTS/REMARKS insurer before the expiration date thereof, 30 days written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below will be provided. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Na )18Vd 3031103 o CAMPUS VILLAGE' J CO ›- I -- CO CO X W > Z K Zia 8(113 V1S AV 031 Na NonHR 4a MINI MIMI IMO MIMI. wow mum - low Nor I&UIIIIHII1III1= •isummummmum. 1S _N 310•� ■= 11111? r iIffIiitIiv N7 3INNO IP Mir NEW MI=. >:=� Mph WEI: 1111WMP' iP �M NOW4q NIVA IR* 4 1101111M '0 al c 0) VJ 0 2 ci) a) E .6Q Date: 6/27/2011 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 11F2. City Council Agenda Summary Sheet Agenda Caption: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Kimley-Horn and Associates, Inc. for the Signal Improvements on University at Terravista Club Dr., Sandy Brook Dr., and College Park Dr., and on A.W. Grimes at Creek Ridge Blvd. Project. Meeting Date: July 14, 2011 Department: Transportation Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: These proposed signal improvements on University Drive at Teravista Club Drive, Sandy Brook Drive, and College Park Drive; and on A.W. Grimes Boulevard at Creek Ridge Boulevard will provide for increased traffic safety and congestion control. This engineering contract will cover design, bidding, and construction phase services for the new traffic signal installations and all necessary pedestrian features for the intersections mentioned above. Each of these signals meets more than one of the current signal warrants as described in the 2006 Texas Manual on Uniform Traffic Control Devices. By designing these four signals under one professional services agreement the City will realize approximately a $20,000.00 savings on the consultant costs alone. City staff also expects that one construction contract for all four signal installations to yield approximately $100,000.00 in savings. These savings are in comparison to the costs that would be expected for four individual signalization projects and do not include the costs associated with City engineering staff time and effort. Strategic Plan Relevance: Goal No. 26: Construct major element of the transportation and mobility system as approved by Council in the Master Transportation Plan Cost: $79,097.71 Source of Funds: Round Rock Transportation Development Corporation Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW l'11114* --ROUND ROCK. TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer") ADDRESS: 10415 Morado Circle, Bldg. I, Ste. 300, Austin, Texas 78759 PROJECT: Signal Improvements on University at Terravista Club Dr., Sandy Brook Dr., and College Park Dr.; and on A.W. Grimes at Creek Ridge Blvd. THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the I}thday of lit , 2011 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 01993175; 00224949 TX05-TRFS1G-Group J 1 Rev. 05/10 00192831 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 Seventy Nine Thousand, Ninety -Seven and 71/100 Dollars ($79,097.71) 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 (I) 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: Chad Andrew Wood, P.E. Transportation Engineer Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6601 Fax Number (512) 218-5563 Email Address cwood@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: Brian David VanDeWalle, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg. 1, Ste. 300 Austin, Texas 78759 Telephone Number (512) 418-4500 Fax Number (512) 418-1771 Email Address brian.vandewalle@kimley-horn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. 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. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 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 hibunals 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 alt 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. 10 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 11 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 fiiture 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. 12 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Brian David VanDeWalle, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg. I, Suite 300 Austin, Texas 78759 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 perforin 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. 14 (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 0 OUND ROCK, TEXAS By: AP VED AS T * FORM: Alan McGraw, Mayor Step ATTEST: By: 6044/L • RittAIL Sara L. White, City Secretary KIML -HORN %AND A SOCIATES, INC. By: �" • �`- C�i�-'�-�^' Signature of Principal Printed Name: fl nd e «j it/ t c'u &Jen 15 L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (I) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City: Round Rock, Texas Location(s): Multiple Intersections University Boulevard @ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Boulevard @ Creek Ridge Boulevard Project: Signal Improvements SCOPE OF WORK OVERVIEW The PROJECT will consist of traffic signal designs for four intersections in Round Rock, Texas. SERVICES TO BE PROVIDED BY THE CITY A. Provide a project coordinator to work with Kimley-Horn and Associates, Inc. (KHA) during the development of the project. B. Provide example plans for City of Round Rock formatting preferences. C. Provide GIS layers with City utility locations for each of the intersections. D. Provide example Bid Documents for City of Round Rock formatting preferences. E. Provide MSWord files with Construction Contract and Bid Document boilerplate. F. Provide available as -built plans showing the location of storm sewer, water lines, and wastewater lines. G. Provide City specific detail sheets for traffic signals. H. Provide utility contact information. EXHIBIT B Engineering Services City: Round Rock, Texas Location(s): Multiple Intersections: University Boulevard @ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Boulevard @ Creek Ridge Boulevard Project: Signal Improvements SCOPE OF WORK OVERVIEW Kimley-Horn and Associates, Inc. (KHA) will provide design plans, specifications, estimates, and bid documents for traffic signal designs at four (4) intersections in Round Rock, Texas. The following assumptions pertain to this Scope of Work: ■ Each intersection will be mast arm pole installations with VIVDS detection and Opticom. ■ It is likely that a fourth leg will be added to the intersection of University @ College Park Drive due to new development on the north side of the intersection. The signal will be built to accommodate the ultimate intersection configuration. ■ Base drawings for the intersection will be based on record drawings provided by the City of Round Rock. A One -Call Utility locate will be issued to field verify all marked utilities. ■ Design will be based on TxDOT standards and specifications. • Plans will be prepared in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). • Bid Documents will be based on standard contract material provided by the City of Round Rock. • No federal fluids will be used in the construction of these projects. KHA will submit draft plans within nine weeks of receiving authorization to proceed. Final plans will be submitted within two weeks of receiving City review comments. TASK 1.0 PROJECT ADMINISTRATION Project management spans the entire duration of the project and involves monitoring and coordination of services provided to the City to assure timely and efficient completion of the project. Included in this task are project control and scheduling, documentation, reporting requirements, staff forums, meetings, and quality control. Subtask 1A. Documentation Surveying notes, reports, technical memoranda, status reports, invoices, and other correspondence relevant to the project will be sununarized and turned over to the City at the conclusion of the project. Subtask 1B. Reporting Requirements Monthly email status reports will be prepared and submitted to the City. The einails will contain a general report of project progress and contract fulfillment. Subtask 1C. Meetings Project review and project specific technical meetings will be conducted under this subtask. Unless otherwise stated herein, it is assumed that all Project review meetings will be held at the City of Round Rock Public Works Department offices. It is agreed for budgeting purposes that one kickoff meeting, one field review meeting, one PS&E review meeting and one technical meeting will be held relative to the Project. Subtask ID. Project Coordination The Engineer will coordinate data collection and design efforts with City staff . TASK 2.0 BASE MAPS, AND SPECIFICATIONS ASSEMBLY This task includes the collection and organization of data by the Engineer for use in other tasks of this project. The specific type, quantity and other requirements of the data to be surveyed, collected, reduced, and/or organized by the Engineer are described in the following subtasks. (a) KHA will assemble applicable design standards and specifications from TxDOT. (b) KHA will gather available existing record drawings and design file information of the Project from City of Round Rock files. (c) KHA will conduct a one call utility locate for the site investigation. KHA will perforin a field reconnaissance of the intersection to determine existing pavement widths, lane configurations, traffic control devices, and above ground utility locations. (d) KHA will prepare a base map of existing geometries, utilities, and traffic control devices, from record drawings and site reconnaissance. (e) KHA will collect vehicle turning movement counts at up to 20 locations, as directed by the City. TASK 3.0 PRELIMINARY PLANS & SPECIFICATIONS KHA will prepare preliminary traffic signal designs for the project locations. The basic design parameters will be based on discussions with the City of Round Rock and applicable TxDOT standards. Using the base maps from Task 2.0, KHA will prepare a conceptual layout showing the locations of the controller cabinet and signal poles. The conceptual layout will be utilized in a field review meeting with City staff and the electric utility provider. Adjustments will be made based on field conditions. Following the field review meeting, KHA will produce, provide internal quality control/quality assurance for, and submit preliminary plans and a list of specifications to the City of Round Rock for review and comment. The anticipated sheets to be prepared and submitted are: (a) Title Sheet; (b) General Notes; (c) Quantity Estimates (d) Existing Conditions; (e) Signal Layout; (f) Signal Elevations; (g) Conduit Run and Wiring Summaries; (h) Phasing and Detection Schemes; (i) Signing and Pavement Markings; and (j) Preliminary detail sheets Specifications for inclusion in the bid documents will also be submitted to the City for review and comment. Task 3 deliverables will include three (3) copies of the signal layout sheets, summary chart sheets, all modified TxDOT standard sheets, timber pole standard sheets, and a list of all applicable specifications. TASK 4.0 FINAL PLANS, SPECIFICATIONS & ESTIMATES Following the review meeting described in Subtask 1(c), KHA will produce the final plans, specifications, engineer's opinion of probable construction cost, and bid document package. Final plans and specifications will be submitted to the City. Task 4 deliverables will include: (a) Final Plans. Three (3) paper copies will be provided to the City. Following receipt of construction as built markups from the contractor, one (1) set of reproducible record drawings will be provided to the City. (b) Final Engineer's Opinion of Probable Construction Cost. Three (3) copies will be provided to the City. TASK 5.0 BID DOCUMENTS KHA will prepare bid documents for the signal design and intersection modifications. Bidding documents, including specifications for the subject Work and the construction contract, will be based on standard City of Round Rock documents. Preliminary bid documents will be submitted to the City for review and comment. After receiving review comments, one (1) set of unbound specifications and bid documents will be provided to the client. The deliverables under this task will include: a) Preliminary Bid Documents. One (1) unbound set will be provided to the City. b) Final Bid Documents. One (1) set of reproducible originals and one (1) bound copy will be provided to the City. TASK 6.0 CONSTRUCTION BIDDING ASSISTANCE If required, KHA will also provide bidding assistance to the City. This will include the following: a) Providing copies of the plans and bid documents on an online plan room. b) Sending out fax notices to known traffic signal contractors. c) Responding to contractor questions throughthe issuance of addenda. d) Attend bid opening, prepare a tabulation of bids, and prepare a letter of recommendation for award of the contract. e) Prepare the contract documents for execution by the contractor, receive and . review such documents for completeness, and forward to the Client for review and execution. TASK 7.0 CONSTRUCTION PHASE SERVICES KHA will provide the City with the services during construction listed below, which are only related to the civil improvements designed under this contract for one phase. The City will administer all construction contracts. KHA will: (a) Make up to three (3) visits to the project site, at intervals appropriate to the various stages of construction as KHA deems necessary, in order to observe the progress and quality of the civil aspects of the work of the construction contractor. Based on KHA's site visits, KHA will inform the City as to the progress of the work and advise the City of any substantial defects and deficiencies in the work of the contractor which are discovered by KHA, or are otherwise brought to KHA's attention. (b) Attend one (1) pre -construction meeting with the City, Contractor, or other members of the project team. Additional meetings, if required, will be invoiced on an hourly basis. (c) Consult with and advise the City and issue instructions to the contractor on civil engineering items requested by the City. (d) Conduct, in company with City staff, a final inspection of the traffic signal facilities of the project for conformance with the design concept of the project and in general compliance with the Contract. (e) Provide Engineer's concurrence letter to the City indicating that the traffic signal and median modification -related portions of the project were constructed in general conformance with the construction plans and specifications. KHA -shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor or the safety precautions and programs incidental to the work of the Contractor. KHA shall not guarantee the performance of the Contractor nor be responsible for the acts, errors, omissions, or the failure of the Contractor to perform the construction work in accordance with the Contract Documents. The City agrees to include in all construction contract provisions for Contract indemnification of both the City and KHA for Contractor's negligence and to name both the City and KHA as additional insured on applicable contractor's insurance policies. TASK 8.0 TRAFFIC COUNTS (a) KHA will collect vehicle turning movement counts at up to 20 locations, as directed by the City. This service will be provided by GRAM Traffic Counts and billed on a cost plus basis. EXHIBIT C Work Schedule Attached Behind This Page PS&E for Traffic Signal Imrovements: -It CU 3t0 cr, 40 co n H i to .i a a l millo rMr N .a .-1 I. m 00 N. l0 in a - • m;. N /"3b°3ag33`.. m.-i.-s.ti m.-1., Task 'Base Maps / Field Recon et%c 0.0. ?' O d 'Preliminary Layouts z C o c O a Preliminary PS&E City Review Final PS&E Bidding Phase V W �Qm0lz H C o iJ N � T •;a 1 'Construction Phase 'Drawing of Record , EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D Fee Schedule Project Name: Signal improvements University Boulevard @ Terravista Club Drive University Boulevard @ Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Blvd. @ Creek Ridge Blvd Consultant: Kimley-Horn and Associates, Inc. Cost Component, Hours Total Hours Project Manager 148 Engineer 198 EIT 164 Project Accountant 12 Clerical Admin 16 Total Hours 538 Cost Component, Dollars Direct Direct Hourly Labor Indirect Total Rate Cost Cost Cost Project Manager $68.66 $10,161.68 $19,802.07 $29,963.75 Engineer $35.34 $6,997.32 $13,635.68 $20,633.00 EIT $27.77 $4,554.28 $8,874.93 $13,429.21 Project Accountant $30.29 $363.48 $708.31 $1,071.79 Clerical Admin $22.72 $363.52 $708.39 $1,071.91 $66,169.65 Profit @ 12.00% Phone, Fax, Postage, Advertisements, Computer Time Travel Expenses Total Expenses $7,940.36 $4,872.20 $115.50 $4,987.70 Kimley-Horn (KHA) Lump Sum Fee Summary Direct Labor indirect Costs ( 194.87% ) Direct Costs Profit @ 12.00% SUBTOTAL KHA Fee Subconsultant Fee Summary Traffic Counts (not to exceed - by GRAM Traffic) SUBTOTAL Subconsultants $22,440.28 $43,729.37 $4,987.70 $7,940.36 r $79,097.711 $4,193.80 $4,193.80 TOTAL PROJECT FEES $83,291.51 Hour Breakdown by Task PSSE for Traffic Signal Improvements Al: University Boulevard Terravista Club Drive Universty Boulevard L Sandy Brook Drive University Boulevard a College Park Drive AW. Grimes Blvd. @ Creek Ridge Blvd 79097.71207 DESCRIPTION OF WORK TASK Total Plan Sheat Count PM Engr EIT Proj Acct Clerical AdmM Total Labor Hours 1. PROJECT MANAGEMENT a Project Setup - 4.0 4.0 8.0 b Meet gs - 8.0 8.0 16.0 C Reporting 8.0 4.0 12.0 d Project Coordination- 8.0 4.0 12.0 Subtotal 24.0 8.0 12.0 4.0 48.0 IL BASE MAPS AND SPECIFICATIONS a Assemble Design Standards and Specifications 4.0 4.0 20.0 28.0 b Other Available Record Dree ngs 4.0 4.0 8.0 16.0 0 One Cab Utility Locate8.0 8.0 16.0 d Ste Recon - 16.0 18.0 32.0 • Prepare Base Map - 4.0 4.0 24.0 32.0 Subtotal 28.0 36.0 60.0 124.0 III. PRELIMINARY PLANS a Tale Sheet 4.0 2.0 4.0 6.0 b General Notes 4.0 8.0 4.0 12.0 c Quoddy Estimates 4.0 2.0 8.0 10.0 d Sigel Layout 4.0 4.0 4.0 32.0 40.0 e SignalElevatIons 4.0 4.0 4.0 24.0 32.0 6 Phasing and Wru1g Diagrams 4.0 4.0 4.0 16.0 24.0 U Detection Schemes 4.0 2.0 4.0 4.0 10.0 h Conduit and Cabirng Charts 4.0 4.0 8.0 18.0 28.0 Subtotal 32.0 30.0 40.0 92.0 162.0 IV. FINAL PLANS a Tata Sleet 4.0 2.0 4.0 6.0 b General Notes 4.0 4.0 4.0 8.0 c Money Estimates 4.0 4.0 8.0 12.0 d Signal Layout 4.0 2.0 4.0 8.0 14.0 a Signal Elevations 4.0 2.0 16.0 18.0 I Phasing end Wring Diagrams 4.0 4.0 160 20.0 g Detection Schemes 4.0 2.0 4.0 6.0 h Condal and Cabling Charts 4.0 2.0 8.0 10.0 1 Standard Detail Sheets 20.0 0.5 2.0 2.6 Subtotal 52.0 22.6 66.0 8.0 96.6 V. 810 DOCUMENTS a Preto Bid Docs 2.0 8.0 1.0 11.0 b Special Specifications _ 4.0 4.0 c Special Provisions - 0.5 1.0 1.5 d Revisions based on City Review - 1.0 1.0 20 e Fine) Bid Docs - 1.0 4.0 5.0 Subtotal 8.6 10.0 5,0 23,5 VI. CONSTRUCTION BIDDING ASSISTANCE a Plan Sheets to Online Plan Room 2.0 2.0 4.0 b Fax Notices to Signal Contractors 1.0 1.0 2.0 c Addenda Issuance 1.0 1.0 2.0 d BM Opening, Tabulation, Letter of Recommendation 0.5 2.0 2.5 • Contract Documents 1.0 4.0 5.0 Subtotal 2.5 6.0 7.0 15.5 VII. CONSTRUCTION PHASE SERVICES a Ste vents (2) 12.0 12.0 24.0 b Pre -Construction Meeting (1) 3.0 3.0 6.0 c RFIs 1.0 4.0 5.0 d Final Inspections 1 Tran On (2 Hrs! IIx) 16.0 12.0 28.0 e Concxrence Letter 0.5 1.0 1.5 Subtotal 32.6 32.0 64.6 VOL TRAFFIC COUNTS a Turning Movement COunts (Up to 20 Intersections) 4.0 4.0 Subtotal 4.0 4.0 HOURS TOTALS 84.0 148.0 198.0 164.0 12.0 16.0 538.0 Kimsey -Horn and Associates, Inc. EXPLANATION OF EXPENSES (Round Rock Signal Designs - 4 Intersectlonsl PSBE for Traffic Signal Designs At: University Boulevard Terravista Club Drive University Boulevard c Sandy Brook Drive University Boulevard @ College Park Drive A.W. Grimes Blvd. Creek Ridge Blvd General Expenses (Function Code 110 and 165) A. Printing and Reproduction Plan Submittal Printing Preliminary 32 (11'x17" Prints / Copies)/set x 4 sets x $0.15 ea. 819.20 Final 52 (11"x17" Mylar Prints)iset x 4 sets x $1.00 ea. $208.00 Check Prints 150 (11"x17" Prints / Copies)/set x 1 sets x $0.15 ea. 522.50 Total Printing and Reproduction: $249.70 B. Communication Fed -Ex Service 0 pkgs x $30.00 /pkg. $0.00 Telephone, Fax, Postage Total Communication: $0.00 C. Travel Automobile Mileage Mileage 7 trips x 30 miles/trip x 50.55 /mi $115.50 Automobile Rental Rental 0 days x $61.00 /day 50.00 Fuel 0 days x 515.00 /day $0.00 Airfare 0 trips x $200.00 /trip 50.00 Per Diem & Lodging Lodging 0 nights x $80.00 /night $0.00 Per Diem 0 days x $30.00 /day $0.00 D. Computer CADD Tech 100% EIT 60% Engineer 25% TOTAL 0hours • 98 hours 87 hours 185 Total Travel: 5115.50 x S25.00 /hr $0.00 x $25.00 /hr 52,460.00 x $25.00 fir $2,162.50 Total Computer: 54,622.50 Total Direct Expenses: 84,987.70 EXHIBIT E Certificates of Insurance Attached Behind This Page ACCORD°° CERTIFICATE OF LIABILITY -.INSURANCE ��11 6/134 onn THIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. • IMPORTANT: 0 the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Greyling Insurance Brokerage RcA�l r Jerry Noyola PENN E„0: (770)552-4225 FAX NC. Not 450 Northridge Parkway Suite 102 Atlanta GA 30350 ADDRESS:jerry.noyola@greyling.com Mourn ID0001398 cusr INSURER(S) AFFORDING COVERAGE NNCII INSURED Ximley-Horn and Associates, Inc. P.O. Box 33068 ' Raleigh NC 27636 INSIRtERA:Travelers Indemnity Company of ,25682 iNsuRERB:Travelers Indemnity Company 12/1/2010 25658- 25674 tusuRERc:Travelere Property Casualty INsu, no:Phoenix Insurance Company 25623 NrsuRERE:Lexington Insurance Company 19437 INSURER F: ;Am 8a, (Anyone so) COVERAGES CERTIFICATE NUMBER:*10-11 (Kimley Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL$R LTR TYPE OP INSURANCE ADOL INSR SUER WVQ_ UM POLICY NUMBER POU ERR (MWDCD%YYYY _POLICY EXP WDIYYYYI LIMBS • A GENERAL X LIABILITY COMMERCIAL GENERAL Lamm),PREMI X OCCUR P -630 -8193599A -TCT -10 12/1/2010 12/1/2011 • EACH OCCURRENCE S 1,000,000 ES (RENTED WMAGETEa•ITErenoe] $ 1,000,000 CLAIMS -MADE ;Am 8a, (Anyone so) S 10,000 S 1,000,000 PERSONAL& ADV INJURY GENERAL AGGREGATE $ 2,000,000 GENLAGGREGATE UNIT APPUESPElt —1 POLICY 5{128: (,pIECT I x I LOC PRODUCTS - COMP/OP AGO S 1,000,000 S B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS P -810 -57243497 -IND -10 • 12/1/2010 12/1/2011 COMBINED SINGLE UNIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per eoddenI) S PROPERTY DAMAGE (Pe/accident)S Undsdrwaed molodat 01 spit $ Uninsured motorist properly 5 C X UMBRELLA GAB EXCESS UAB X OCCUR CLAIMS -MADE PSM -CUP -8193899A -TIL -10 12/1/2010 12/1/2011 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 X DEDUCTIBLE RETENTION $ 10,000 5 S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEVORIPARTNENEXECUTIVE OFFICER)MEMBER EXCLUDED? (Mandatory In NH) tiya, dssa�beurWer OESCRIPTION OF OPERATIONS YIN N 1 A PNUB-8193899A-10 12/1/2010 12/1/2011 X 1 WC BTATU• OTH- TORY -UNITE ER £.L. EACH ACCIDENT $ 500,000 N B.L. DISEASE -EA EMPLOYEE S 500,000 below £.L. DISEASE - POLICY LIMIT $ 500 ,000 B Professional Liability 016017332 & 001162363 12/9/2010 12/1/2011 pe,pyn, $4,000,000 AOOreyate $4,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) Re: Yor A11 Projects with the City of Round Rock. The City of Round Rock, TX ie named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing CERTIFICATE HOLDER CANCELLATION City of Round Rock, TX City Manager 221 Fast Main Street Round Rock, TX 78664 ACORD 25 (2009109) INS025 Rooms) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ell @ 1988 I The ACORD name and logo are registered marks o • RD CORPORATION. All rights reserved. RD Alan Bressl.r COMMENTS/REMARKS insurer before the expiration date thereof, 30 days written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below will be provided. OFREMARK COPYRIGHT 2000, AMS SERVICES INC.