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R-11-09-22-11D4 - 9/22/2011ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY EXHIBIT 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 Coordination on Three Corridors 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., Govermnent 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 0199.7185; 232071 00192831 TX05TRFSIG 1 RESOLUTION NO. R -11-09-22-11D4 WHEREAS, the City of Round Rock desires to retain engineering services for the Signal Coordination on Three Corridors Project, 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 Coordination on Three Corridors Project, 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 22nd day of September, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\1 104\MUNICIPAL\00232829.DOC/rmc CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Six Thousand. Three Hundred Three and 84/100 Dollars ($106.303.84) 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., PTOE Transportation Department Transportation Engineer 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 Van De Walle, 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 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 inay 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 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 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 rERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 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 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 JNSURANCE (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 Van De Waite, Transportation Engineer 10415 Morado Circle, Bldg. Austin, Texas 78759 P.E., PTOE I, Ste. 300 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 alt 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 APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary KIMLEY-H D ASSOCIATES, INC. By: i!/. Signat of Prin ipal �� Printed Name: Hares,' Id. yer teen Wen 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City: Round Rock, Texas Location(s): Multiple Corridors FM 3406 -Old Settlers Blvd -- Chisolm Trail to Sunrise Road Gattis School Road — S Mays St to Redbud Lane Louis Henna — A.W. Grimes to La Frontera Project: Corridor Traffic Signal Synchronization SCOPE 01? WORK OVERVIEW The PROJECT will consist of traffic signal synchronization along three corridors: six (6) signals along FM 3406 - Old Settlers Blvd; 12 signals along Gattis School Road, and five (5) diamond interchanges along Louis Henna in Round Rock, Texas. The project will also include providing up to 20 hours of training on the Synchro traffic modeling software for City of Round Rock staff. 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 existing signal timing plans/sheet at all the signalized intersections within project limits. C. Provide weekday peak hour turning movement counts at all the signalized intersections on Old Settlers Boulevard and Gattis School Road within project limits during the AM, PM, Off -Peak periods. D. Provide information on location of future traffic signals that have been approved by the City of Round Rock and are located within the limits of this project. E. Provide information on any planned roadway construction work along Old Settlers Blvd and Gattis School Road that may affect signal operation. F. Provide a computer with a licensed copy of the traffic modeling software Synchro for training City staff. 1 EXHIBIT B Engineering Services City: Round Rock, Texas Location(s): Multiple Corridors FM 3406 -Old Settlers Blvd -- Chisolm Trail to Sunrise Road Gattis School Road — S Mays St to Redbud Lane Louis Henna — A.W. Grimes to La Frontera Project: Corridor Traffic Signal Synchronization SCOPE OF WORK OVERVIEW Kimley-Horn and Associates, Inc. ("KHA") will provide coordinated signal timing plans for AM Peak, PM Peak, and Off -Peak periods for six (6) signals along FM 3406 -Old Settlers Blvd, 12 signals along Gattis School Road, and five (5) diamond interchanges along Louis Henna in the City of Round Rock, Texas ("the City"). The project will also include providing up to 20 hours of training on the Synchro traffic modeling software for City of Round Rock staff The following assumptions pertain to this Scope of Work: • Training on Synchro will be based on the sample roadway networks created for the actual project corridors. • The proposed splits for pedestrian crossing at signals will be calculated assuming pedestrian walking speed of 4.0 ft/sec as specified in the 2009 Manual on Uniform Traffic Control Devices (MUTCD). ■ No federal funds will be used in the planning and implementation of this study. ■ Existing traffic counts for FM 3406 and Gattis School Road will be provided by the City of Round Rock. New traffic counts will be collected along Louis Henna as part of this project. KHA will implement the proposed signal timings within six weeks of receiving authorization to proceed. Final report will be submitted within one week of receiving City review comments. 1 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 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 IB. 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 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's Public Works Department offices. It is agreed for budgeting purposes that one kickoff meeting, one field review meeting, one timing plan review meeting, and one implementation / field fine tuning meeting will be held relative to the project. Subtask 1D. Project Coordination The Engineer will coordinate data collection and design efforts with City staff. TASK 2.0 DATA COLLECTION KHA will collect different turning movement counts at the following intersections along the Louis Henna Crossing Corridor: 1. A.W. Grimes 2. Greenlawn 3. Target / Walmart Driveway 4. IH 35 Northbound Frontage Road 5. IH 35 Southbound Frontage Road 6. La Frontera Note: The intersections along Louis Henna are "diamond" interchanges and represent two intersections for each cross street. 2 The City will provide turning movement counts for the following signalized intersections: Gattis School Road Corridor Old Settlers Blvd / FM 3406 Corridor 1. Chisolm Trail 2. IH -35 SBFR 3. IH -35 NBFR 4. N Mays St 5. Greenhill Dr 6. Sunrise Rd 1. S Mays St 2. Surrey Dr 3. Greenlawn Blvd 4. Windy Park Dr 5. S A W Grimes Blvd 6. S Creek Dr 7. Double Creek Dr 8. Round Rock Ranch Blvd 9. Round Rock Ranch Blvd/Meister Lane 10. Via Sonoma Trail 11. High Country Blvd 12. Red Bud Lane Subtask 2A. Field Observations KHA will monitor operations at critical signals which will be determined in consultation with the City staff. KHA will identify and note any operational challenger and improvement potentials at these intersections. Subtask 2B. Intersection Data KHA will collect existing lane geometries, traffic control, speed limits, and signal phasing information for each corridor and intersection listed above. Subtask 2C. Photo Log KHA will photograph the approaches to each intersection for verification of field data. These photographs will be provided as an appendix to the final report. Subtask 2D. Turning Movement Counts (TMCs) KHA will provide TMCs for the signals along Louis Henna listed under Task 2.0. The counts will be collected on a Tuesday or Wednesday from 7-9 AM (morning peak), and 4-6 PM (afternoon peak). The City of Round Rock will provide existing count data for the intersections along Gattis School Road and FM 3406. Subtask 2E. Daily Traffic Volumes KHA will collect directional 24-hour tube counts at up to six locations to determine traffic peaking patterns along the project corridors. Data will include speed measurements to establish vehicle progression speeds. 3 TASK 3.0 DEVELOP SYNCHRONIZED SIGNAL TIMING PLANS KHA will perform the following tasks to develop synchronized signal timing plans for the corridors: Subtask 3A. Base Models KHA will develop base models using traffic simulation software Synchro 7.0 with existing signal timings, lane geometries, and roadway speeds. Models will be created for each of AM Peak, PM Peak, and Off -Peak periods. Subtask 3B. Cycle Length Analysis After setting up the base models, different cycle lengths will be analyzed using Synchro 7 to identify the optimum system cycle lengths and lead/lag sequences for the corridor. The optimum cycle length for the diamond interchange at IH -35 and FM 3406 / Old Settlers Blvd will be determined using PASSER III software. Subtask 3C. Optimized Models Optimized splits, offsets and phase sequences will be developed for each corridor to maximize green bands for the AM, PM, and Off Peak period. The off peak period will be modeled by factoring down the afternoon model using data from the historical 24 hour counts along each corridor. The green band splits will be based on peak period traffic demand, with larger green bands favoring predominant traffic flows. The new timing plans will be discussed with City staff for their review and approval. Modifications will be made to the timing plans based on the City's comments and a set of timing plans and time - space diagrams will be presented to the City. TASK 4.0 SIGNAL TIMING IMPLEMENTATION AND FINE TUNING KHA will assist in the implementation of the signal timing plans as follows: Subtask 4A. Lab Test Each individual timing plan will be downloaded to a test controller at the City's traffic shop for testing prior to implementation to prevent any glitches upon implementation in the field. Subtask 4B. Input New Timings KHA will input the proposed signal timing plans at each signal using new `pattern' numbers preventing the need to overwrite existing coordination pattern. The initial implementation of the timing plans will be done remotely via the City's ACTRA/TACTICS system to increase efficiency of programming the controllers. 4 Subtask 4C. Fine Tuning After the proposed signal timing plans have been implemented, KHA will drive through the corridor during each peak period (AM, Off -Peak, and PM peak) to identify any modifications that need to be made to the splits and or the offsets. Attention will be paid to vehicular delays and queuing on minor streets. Upon completion of the fine tuning, KHA will update the City's ACTRAJTACTICS database and deliver final timing plan sheets to the City. TASK 5.0 FINAL REPORT AND MODEL SUBMITTALS KHA will prepare a technical report detailing the methodology adopted, assumptions, and the results of the study. The report will include a `Before' and `After' analysis measuring the overall improvement to each corridor in terms of travel time savings and reduction in pollutants with the deployment of new signal timing plans. Additionally, numerous appendices providing details of the data collection efforts, signalized intersection reports using the Highway Capacity Manual (HCM) reporting feature of Synchro 7, time -space diagrams, and timing sheets will be included as part of the report. KHA will submit three (3) draft copies of the report to the City for review. Within ten (10) working days of receiving review comments, KHA will finalize the report and provide three (3) copies to the City. All reports will be signed and sealed by a Texas registered professional engineer. All Synchro 7 models will be submitted to the City at the completion of the project. TASK 6.0 SYNCHRO MODELING TRAINING Under this task, KHA will provide training to the City staff on basic operations and capabilities of Synchro 7 for no more than 20 hours. The training will be provided at City's offices and the following topics will be covered: • Importing a geospatial referenced background image in to Synchro. • Setting up a network using roadway links and curves. • Coding a network with lane assignments, traffic volumes, and signal timing details (cycle lengths, splits, offsets, recall, etc.). • Running a simulation and debugging a model. • Basics of time -space diagrams and optimizing green -band progression along a corridor. 5 EXHIBIT C Work Schedule Attached Behind This Page 41 I w c m a a .2 W ��3 —c 0 Ic.) ENS X N co E 8 w E�§ O ZC d /�7 J Corridor Traffic Signal Synchronization (2 Corridors) Y N V m 0o N ri n 1 j N ei .-1 .-1 d N 01 co I3 N ,■ Io 1 on rt m N �� e.1 II d P 1 Wk 3 % .-1 303o 1-1 H M. M 00333 M N m N .-4 1 Wk gi 3 ' Task Field Data Collection 'Turning Movement Counts/ 24-HrTube Counts Develop Synchronized Timing Plans__ Base Model Set Up Cycle Length Analysis Optimized Models Ws" ro a c c E F .S 3 ry 51F- u 'Timing Implementation and Fine Tuning J e t (Field implementation c H v 'Draft Report City Review of Draft Report Final Report Synchro Training EXHIBIT D Fee Schedule Project Name: Corridor Traffic Signal Synchronization Project Limits: FM 34061 Old Settlers Blvd - Chisoim Trail to Sunrise Gattis School Road - S. Mays St to Redbud Lane Louis Henna - AW Grimes to La Frontera Consultant: Kimley-Horn and Associates, Inc. Labor Costs Total Project Hours Billable Rates (Fully -Loaded) Total Labor Costs $34,665.40 $41,081.92 $9,079.29 $1,200.36 $300.12 $86,327.09 Project Manager 154 Engineer 352 EIT 99 Project Accountant 12 Clerical Admin 4 Total 621 Direct Costs $225.10 $116.71 $91.71 $100.03 $75.03 Reimbursable Expenses Travel Expenses Total $6,188.75 $231.00 $6,419.75 Kimley-Horn and Associates, Inc. Fee Summary Labor Cost $86,327.09 Direct Costs $6,419.75 SUBTOTAL $92,746.84 Subconsultants' Fee Summaries GRAM Traffic Iteris, Inc. $3,677.00 $9,880.00 SUBTOTAL $13,557.00 TOTAL PROJECT FEES $106,303.84 2 Si8T • EXHIBIT D Fee Schedule BUDGET Sunmary of Minimums by Classification & Major Task Analysis Malley--Hom and Associates, Inc. Corridor Traffic Signal Syndron'aa5on At Golds School Road FM 3400 / Old Settlers Blvd Louis Hema DESCRIPTION OF WORK TASK ,s Reid Observations YlWsedion Data Post Process TMC$ Post Process 24-Hr%be Counts Base Modal Roadway NkMrodl, Lane Assignments, Speed Llmits AM, ON, PM Volumes AM, ON, PMT N% .. Length Malys% PASSER a Mdyds Synch° Analysis 000901 scat Optimize Green Bands 0111 GC perk) Lab Test (arts) 111914 ,499,118 19a 01404) PM S225.10 3 Engr 5116.71 EIT 591.71 Proj Acct 5100.03 Clerical Mn*n 576.03 a a $ s 4 a It Ice 4 6 • 1 1•1111111■ e 20 10 6 2 20 10 Total Hours --■ NOM as — I 12 a 18 KHA Total loaded Labor Cost 51.187.08 51,375.56 52,734.48 MOM 7.]=1111® P .1E- I Total Sub -Consult Cost - 16 40 20 6 2 Milli= MUM 75. MEM OM= MEI MEM■ IL _L' L 11■11■- MEM •1111:1111E1 1♦1MM� 16 6 14 1 12 40 40 $2,734.48 54,168.40 52,084.20 5700.26 5233.42 18 12 MMS 1111111M110 MEM =IN 111111M11•11 --■ =IN IMMI MEM ■�III MEM MEM ■MI= MEM IN= MOM ■-11MEM !IM MI= MINN 11•1731111111 MEM= MEM MOM NEN IIII■------ II-1__11■--- ® 40 ---0 — — — — t0®27MEMO� ------ MIME1 22 11111111MarlMEM !MENEM� MEM 111171111 MUM 111111111 NM MIER= 117:El IIIMINIIIIIM11♦- 52,477.00 51,200.00 tayin 1� 52,967.88 51,600.78 $3,434.74 51,834.08 52,300.92 58,720.20 5976.00 51,950.00 52,600.00 ? L Orap Report Repel Report Tables. Figures, Appendices Revisions Widen City Rsvlew ■ OMNO TOTAL 0m©®--® Total loaded Labor Alocetiot KM Dred Costs Total KHA Fee (Phne) TOM Suboonsukant Total Project Fee 3 $86,327.09 $6,419.75 592,746.84 613.657.00 $106.303.84 87.25% 12.75% 100.00% EXHIBIT D Fee Schedule Kimley-Horn and Associates, Inc. EXPLANATION OF EXPENSES (Round Rock Corridor Traffic Signal Synchronization) Corridor Traffic Signal Synchronization: FM 3406 /Old Settlers Blvd - Chlaolm Trait to Sunrise Gattis School Road - S. Mays St to Redbud t.ane General Expenses (Function Code 110 and 165) A. Printing and Reproduction Report Submittal Printing Draft 75 (8'x11.5" Prints / Copies)/set x 2 sets x $0.15 ea. $22.50 Final 75 (8'x11.5" Prints / Copies)/set x 3 sets x $0.15 ea. $33.75 Total Printing and Reproduction: $56.25 B. Communication Fed -Ex Service 0 pkgs x $30.00 /pkg. $0.00 Telephone, Fax, Postage Total Communication: $0.00 C. Travel Automobile Mileage Meetings 4 trips x 30 miies/trip x $0.55 /mi $66.00 Field Recon 2 trips x 30 miles/trip x $0.55 /mi $33.00 Fine Tuning 6 trips x 40 miles/hip x $0.55 /mi $132.00 Automobile Rental Rental 0 days x $61.00 /day $0.00 Fuel 0 days x $15.00 /day $0.00 Airfare 0 trips x $200.00 /trip $0.00 Per Diem & Lodging Lodging 0 nights x $80.00 /night $0.00 Per Diem 0 days x $30.00 bay $0.00 Total Travel: $23t00 D. Computer 100% CADD Tech hours x $25.00 /hr $0.00 70%EIT 69 hours x $25.00 /hr $1,732.50 60% Engineer 176 hours x $25.00 /hr $4,400.00 TOTAL 245 Total Computer: $6,132.60 Total Direct Expenses: $6,419.75 4 EXHIBIT E Certificates of Insurance Attached Behind This Page A D' CERTIFICATE OF LIABILITY INSURANCE 9�i�2D�ii`' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 450 Northridge_ Parkway Suite 102I0s00001398 Atlanta GA 30350 CONTACT Jerry Noyola Mee �ry,I, (770)552-4225 IK; jerry.noyolaegrayling.00m LIMIT$ INSURER(s)AFFORmNG COVERAGE RANI e INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 wauRERA:Travelers Indemnity Company of 25682 Nrsunais:Travelere Indesmity Company 25658 NauRERc:rravelers Property Casualty 25674 wsunERD:phoenix Insurance Company 25623 ,ssuaelU:Lexington Insurance Company 19437 NISURERF: ;e10-11(Kielay Nolan • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LASTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MIDICATF.O. 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 !WISE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLJ IES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PNO GLOMS. DUR NA TYPSOFIIURANCB iNNLEND POUCYRIINaER "ABM ! 1MIMIOD/rYYtR, LIMIT$ oENEaM LrAearTY EACH OCCURRENCE • $ 1,000,000 X COMMERCIAL GENERAL wE:u1Y PItEAr.B oararerwl 8 1,000,000, A J a S•MADE X OCCUR P -630 -819399911 -TCT -10 12/1/2010 12/1/2011 pap pus 0,q one person) 1 10,000 PERSDNIL&AIN V AMY $ 1,000,000 OENERN.AGGREOATE $ 2,000,000 seri PAGRE'OAATTEL5DrAPPLIESPM —1 POLICY Nil n3RAO K I Loc PRODUCE-COMPIOPA00 $ 1,000,000 $ IWTOMOWLEUABIUTY COMBINEDS8 0LEU1$T (Ea $ 1,000,000 X MY AUTO BOgLYWNatY(Perpeeon) S B Pit -OWNED AUTOS P -1310 -572111697 -IND -10 12/1/2010 12/1/2011 ROOMY INJURY(Pereoddent) MY _ _ SCHEDULED AUTOS PROPERTY DAMAGE em sodded) _ X HIREDAt)r� X NON.OVAVEDAUTOS Underinaeedmotorist Nisi( 8 UNmwedmetodetprops* i X UMBRELLA UAI rl maxi EACH OCCURRENCE N 5,000,00e1 EXCESS LAD CWMS#UNTE AGGREGATE a 5,000,000 _ OEOUCMILE $ C X RETENTION $ 10,000 98M -CUP -8193999A -TIL -10 12/1/2010 12/1/2011 t .... WORKERS COMPENSATION NmUNPLOYERWUNEJTY •Y X' STATUrs l OJRN. '�-- N PROPRIETORPARTIENEXECUTNE OOFFRCONADm EXCLUDED? NIA ILL EACH ACCIDENT $ 500,000 r•• , pYI.�sed�s��inmu PNUB-8193a99L-10 12/1/2010 *2/1/2011 �DISEASE - FA $ • 500,000 OWgOPT10NOfOPERATIONSbelow .E.LDISEASE - POLICY UNIT • s 500,000 E Professional Liability 016017332 & 001162363 12/9/2010 12/1/2011 pwO m $4,000,000 • Aggnewe $4,000,000 DESCRIPTION OFOPERATIONS/LOCATIONS IMMIX* 4AsadaACOR01II.A0 I0asa RenarletdRdrdgBisms walla requbd) Ra: Tor All Projects with the City of Round Rock. The city of Round Rock, TX is named as lin Additional Insured on the above referenced liability polioies with the exception of workers compensation 6 professional liability. This insnrenee is primary 6 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 RTIFICATE HOLDER CANCELLATION City of Round Rock, TX City Manager 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED NN ACCORDANCE WITH THE POUCY PROVISIONS. AUTNORREONEPRE5ENTA1I5 at vela,/ Alan Bressler ACORD 25 (2009109) 1148025 aJoWoe) 01988,2009 ACORD CORPORATION. Alt rights reserved. The ACORD name and logo aro registered marks of ACORD 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 SERVICER INC. City Council Agenda Surn.rn.ary Sheet Agenda Item No. 11D4. Agenda Caption: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Kimley-Horn and Associates, Inc. for the Signal Coordination on the Three Corridors Project. Meeting Date: September 22, 2011 Department: Transportation Staff Person making presentation: Gary Hudder Transportation Director Item Summary: The professional services included in this contract will result in new coordinated signal timing plans along three east - wast arterial corridors; these are Old Settlers Blvd. / FM 3406 from Sunrise to Chisholm Trail, Gattis School Road from Redbud to Mays, and Louis Henna Blvd. (SH 45 frontage roads) from AW Grimes to La Frontera. The consultant will collect traffic data and analyze the existing signal timing plans. The consultant will develop coordinated timing plans for all signalized intersections along each corridor. The consultant will develop multiple time of day plans for progressing traffic in the predominant direction, typically westbound in the morning peak and eastbound in the evening peak. An off-peak timing plan will also be studied and implemented if determined necessary. The services necessary to implement the new timing plans will be completed in approximately 10 weeks of notice to proceed. A final report of the plan as well as all traffic models will be submitted to transportation staff after implementation and fine tuning. Cost: $106,303.84 Source of Funds: RR Trans Dev Corp Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW 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. L Ste. 300, Austin, Texas 78759 PROJECT: Signal Coordination on Three Corridors 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 0199.7185; 232071 00192831 TX05TRFSIG 1 12 -,l( -041.22e -((D4 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Six Thousand. Three Hundred Three and 84/100 Dollars ($106303.84) 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., PTOE Transportation Department Transportation Engineer 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 Van De Walle, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg. I, 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 snake 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 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 Van De Walle, Transportation Engineer 10415 Morado Circle, Bldg. Austin, Texas 78759 P.E., PTOE I, Ste. 300 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 alt 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 L► . D ROCK EXAS By: Alan McGraw, Mayor ATTEST: A n, I�171' By: `NAV'YQWJ� Sara L. White, City Secretary KIMLEY-H D ASSOCIATES, INC. By: N/. 1444441".•.. Signat of Principal Printed Name: Afar eta W. Ark Lego ire" 15 APP' • ED AS TO FORM: i ,1 Stephan . 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 16 EXHIBIT A City Services City: Round Rock, Texas Location(s): Multiple Corridors FM 3406 -Old Settlers Blvd — Chisolm Trail to Sunrise Road Gattis School Road — S Mays St to Redbud Lane Louis Henna — A.W. Grimes to La Frontera Project: Corridor Traffic Signal Synchronization SCOPE OF WORK OVERVIEW The PROJECT will consist of traffic signal synchronization along three corridors: six (6) signals along FM 3406 - Old Settlers Blvd; 12 signals along Gattis School Road, and five (5) diamond interchanges along Louis Henna in Round Rock, Texas. The project will also include providing up to 20 hours of training on the Synchro traffic modeling software for City of Round Rock staff. 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 existing signal timing plans/sheet at all the signalized intersections within project limits. C. Provide weekday peak hour turning movement counts at all the signalized intersections on Old Settlers Boulevard and Gattis School Road within project limits during the AM, PM, Of Peak periods. D. Provide information on location of future traffic signals that have been approved by the City of Round Rock and are located within the limits of this project. E. Provide information on any planned roadway construction work along Old Settlers Blvd and Gattis School Road that may affect signal operation. F. Provide a computer with a licensed copy of the traffic modeling software Synchro for training City staff. 1 EXHIBIT B Engineering Services City: Round Rock, Texas Location(s): Multiple Corridors FM 3406 -Old Settlers Blvd — Chisolm Trail to Sunrise Road Gattis School Road — S Mays St to Redbud Lane Louis Henna — A.W. Grimes to La Frontera Project: Corridor Traffic Signal Synchronization SCOPE OF WORK OVERVIEW Kimley-Horn and Associates, Inc. ("KHA") will provide coordinated signal timing plans for AM Peak, PM Peak, and Off -Peak periods for six (6) signals along FM 3406-01d Settlers Blvd, 12 signals along Gattis School Road, and five (5) diamond interchanges along Louis Henna in the City of Round Rock, Texas ("the City"). The project will also include providing up to 20 hours of training on the Synchro traffic modeling software for City of Round Rock staff. The following assumptions pertain to this Scope of Work: • Training on Synchro will be based on the sample roadway networks created for the actual project corridors. • The proposed splits for pedestrian crossing at signals will be calculated assuming pedestrian walking speed of 4.0 ft/sec as specified in the 2009 Manual on Uniform Traffic Control Devices (MUTCD). • No federal funds will be used in the planning and implementation of this study. • Existing traffic counts for FM 3406 and Gattis School Road will be provided by the City of Round Rock. New traffic counts will be collected along Louis Henna as part of this project. KHA will implement the proposed signal timings within six weeks of receiving authorization to proceed. Final report will be submitted within one week of receiving City review comments. 1 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 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 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's Public Works Department offices. It is agreed for budgeting purposes that one kickoff meeting, one field review meeting, one timing plan review meeting, and one implementation / field fine tuning meeting will be held relative to the project. Subtask 1D. Project Coordination The Engineer will coordinate data collection and design efforts with City staff. TASK 2.0 DATA COLLECTION KHA will collect different turning movement counts at the following intersections along the Louis Henna Crossing Corridor: 1. A.W. Grimes 2. Greenlawn 3. Target / Walmart Driveway 4. IH 35 Northbound Frontage Road 5. IH 35 Southbound Frontage Road 6. La Frontera Note: The intersections along Louis Henna are "diamond" interchanges and represent two intersections for each cross street. 2 The City will provide turning movement counts for the following signalized intersections: Gattis School Road Corridor Old Settlers Blvd / FM 3406 Corridor 1. Chisolm Trail 2. IH -35 SBFR 3. IH -35 NBFR 4. N Mays St 5. Greenhill Dr 6. Sunrise Rd 1. S Mays St 2. Surrey Dr 3. Greenlawn Blvd 4. Windy Park Dr 5. S A W Grimes Blvd 6. S Creek Dr 7. Double Creek Dr 8. Round Rock Ranch Blvd 9. Round Rock Ranch Blvd/Meister Lane 10. Via Sonoma Trail 11. High Country Blvd 12. Red Bud Lane Subtask 2A. Field Observations KHA will monitor operations at critical signals which will be determined in consultation with the City staff. KHA will identify and note any operational challenger and improvement potentials at these intersections. Subtask 2B. Intersection Data KHA will collect existing lane geometries, traffic control, speed limits, and signal phasing information for each corridor and intersection listed above. Subtask 2C. Photo Log KHA will photograph the approaches to each intersection for verification of field data. These photographs will be provided as an appendix to the final report. Subtask 2D. Turning Movement Counts (TMCs) KHA will provide TMCs for the signals along Louis Henna listed under Task 2.0. The counts will be collected on a Tuesday or Wednesday from 7-9 AM (morning peak), and 4-6 PM (afternoon peak). The City of Round Rock will provide existing count data for the intersections along Gattis School Road and FM 3406. Subtask 2E. Daily Traffic Volumes KHA will collect directional 24-hour tube counts at up to six locations to determine traffic peaking patterns along the project corridors. Data will include speed measurements to establish vehicle progression speeds. 3 TASK 3.0 DEVELOP SYNCHRONIZED SIGNAL TIMING PLANS KHA will perform the following tasks to develop synchronized signal timing plans for the corridors: Subtask 3A. Base Models KHA will develop base models using traffic simulation software Synchro 7.0 with existing signal timings, lane geometries, and roadway speeds. Models will be created for each of AM Peak, PM Peak, and Off -Peak periods. Subtask 3B. Cycle Length Analysis After setting up the base models, different cycle lengths will be analyzed using Synchro 7 to identify the optimum system cycle lengths and lead/lag sequences for the corridor. The optimum cycle length for the diamond interchange at IH -35 and FM 3406 / Old Settlers Blvd will be determined using PASSER III software. Subtask 3C. Optimized Models Optimized splits, offsets and phase sequences will be developed for each corridor to maximize green bands for the AM, PM, and Off Peak period. The off peak period will be modeled by factoring down the afternoon model using data from the historical 24 hour counts along each corridor. The green band splits will be based on peak period traffic demand, with larger green bands favoring predominant traffic flows. The new timing plans will be discussed with City staff for their review and approval. Modifications will be made to the timing plans based on the City's comments and a set of timing plans and time - space diagrams will be presented to the City. TASK 4.0 SIGNAL TIMING IMPLEMENTATION AND FINE TUNING KHA will assist in the implementation of the signal timing plans as follows: Subtask 4A. Lab Test Each individual timing plan will be downloaded to a test controller at the City's traffic shop for testing prior to implementation to prevent any glitches upon implementation in the field. Subtask 4B. Input New Tunings KHA will input the proposed signal timing plans at each signal using new `pattern' numbers preventing the need to overwrite existing coordination pattern. The initial implementation of the timing plans will be done remotely via the City's ACTRA/TACTICS system to increase efficiency of programming the controllers. 4 Subtask 4C. Fine Tuning After the proposed signal timing plans have been implemented, KHA will drive through the corridor during each peak period (AM, Off -Peak, and PM peak) to identify any modifications that need to be made to the splits and or the offsets. Attention will be paid to vehicular delays and queuing on minor streets. Upon completion of the fine tuning, KHA will update the City's ACTRA/TACTICS database and deliver final timing plan sheets to the City. TASK 5.0 FINAL REPORT AND MODEL SUBMITTALS KHA will prepare a technical report detailing the methodology adopted, assumptions, and the results of the study. The report will include a `Before' and `After' analysis measuring the overall improvement to each corridor in terms of travel time savings and reduction in pollutants with the deployment of new signal timing plans. Additionally, numerous appendices providing details of the data collection efforts, signalized intersection reports using the Highway Capacity Manual (HCM) reporting feature of Synchro 7, time -space diagrams, and timing sheets will be included as part of the report. KHA will submit three (3) draft copies of the report to the City for review. Within ten (10) working days of receiving review comments, KHA will finalize the report and provide three (3) copies to the City. All reports will be signed and sealed by a Texas registered professional engineer. All Synchro 7 models will be submitted to the City at the completion of the project. TASK 6.0 SYNCHRO MODELING TRAINING Under this task, KHA will provide training to the City staff on basic operations and capabilities of Synchro 7 for no more than 20 hours. The training will be provided at City's offices and the following topics will be covered: • Importing a geospatial referenced background image in to Synchro. • Setting up a network using roadway links and curves. • Coding a network with lane assignments, traffic volumes, and signal timing details (cycle lengths, splits, offsets, recall, etc.). • Running a simulation and debugging a model. ▪ Basics of time -space diagrams and optimizing green -band progression along a corridor. 5 EXHIBIT C Work Schedule Attached Behind This Page t1 w � C a E +b to 8 c o 5 Q E t •-• �'m E 03 6 t 0 G E J Corridor Traffic Signal Synchronization At Corridor Traffic Signal Synchronization (2 Corridors) 1 Y N 41 m 00 N 1 CO n 40. 1 m 1 N .i M .-1 0 .4 01 10 I r. in to , In Tr en N H ID 1:--3 .i 3 IN ri. 3 .-, 0 H 3 M. 0 m o, M N 3wks 2 Wks 3 d 3 .i 3 't Y N Field Data Collection 'Turning Movement Counts / 24 -Hr Tube Counts (Develop Synchronized Timing Plans Base Model Set Up Cycle Length Analysis Optimized Models (City Review of Timing Plans____ 00 C ~ aiG IL -a C R C 0 N C at N a E c C Ja (Field Implementation G 1-- c E IL 'Draft Report City Review of Draft Report n CC C it JSynchro Training EXHIBIT D Fee Schedule Project Name: Corridor Traffic Signal Synchronization Project Limits: FM 3406 / Old Settlers Blvd - Chisolm Trail to Sunrise Gattis School Road - S. Mays St to Redbud Lane Louis Henna - AW Grimes to La Frontera Consultant: Kimley-Horn and Associates, Inc. Labor Costs Total Project Hours Billable Rates (Fully -Loaded) Project Manager 154 Engineer 352 EIT 99 Project Accountant 12 Clerical Admin 4 Total 621 Direct Costs $225.10 $116.71 $91.71 $100.03 $75.03 Total Labor Costs $34,665.40 $41,081.92 $9,079.29 $1,200.36 $300.12 $86,327.09 Reimbursable Expenses Travel Expenses Total $6,188.75 $231.00 $6,419.75 Kimsey -Horn and Associates, Inc. Fee Summary Labor Cost $86,327.09 Direct Costs $6,419.75 SUBTOTAL $92,746.84 Subconsultants' Fee Summaries GRAM Traffic Iteris, Inc. $3,677.00 $9,880.00 SUBTOTAL $13,557.00 TOTAL PROJECT FEES $106,303.84 2 EXHIBIT D Fee Schedule BUDGET Summery of Manhours by °ossification & Major Task Analysis KJmiey.Hom and Associates, Inc. Coatdor Traffic Signal SyndroniaSon At Gattis School Road FM 3406 / Old Settlers Blvd Louis Henna DESCRIPTION OF WORK TASK PM 3225.10 Engr 8116.71 Err 391.71 Proj Mel 3100.03 Clerical Admin 875.03 =NI SEMI Total Hors KHA Total loaded Labor Cost Total Sub -Consult Cost 1,0 tFl _,t3_' 0 d Cocnfnaton d 0 --- - 0 - - - - - 1131 - Field Observations infersecticn Data Photo • • Post Process TMCs Post Process 24-HrTube Counts 3 8 8 4 a -a 6 8 NEM 8 11111111111 12 9 IL "if 3 a 20 10 6 20 10 18 24 16 40 20 2 MINIM MIN ---111131111 MEM EOM M1111 !'.311MM� MEM 11111= 11111•11 81,167.08 31,375.58 MEMO 6 2 d E Base Model Roadway Network, Lane Assignments, Speed Lints AM, Off, PM Volumes AM, Of, PM Timings enoth Analysis PASSER I8 Analysis Syndro Analysis Optimized Models 008179 SPS Optimize Green Bands GA/ GC (tests) 8 4 18 52,734.48 54,188.40 52,08420 570028 8233.42 32,477.00 31,200.80 6 14 18 22 6 1111 12 40 40 - L-11_1,s-12.11aia,Lii.'1P a .;iii I;.q_ 1131- El -- -- 1131 - - El 0 -• - 1111 -� 0 1M IN ---- 12 18 58 58 --1 32,967.88 81,800.78 83,434.74 81,834.08 32,300.92 58,720.20 8975.03 Lab Test (leds) Mixt NewTMhgs (l ads) Foe Turfk 9 M1E11 M1=111 MUM =IN - �_—_ 54 54 108 31,950.00 MIMEEEI 11111113122353 32,600.00 Daft Report Report Report Tables, Figures, AppenMces Revisions based on City Review Final Report 12 40 12 IS 4 9 I8 9 Skiff Waking a 20 L 62 30 27 22 --- 37,389.80 33,051.30 82,701.17 52,776.18 25 GRAND TOTAL. 33,459.70 01WIMI0®01111111113:11111• Total Loaded Labor Moca8on KHA Direct Costa Total KHA Fee (Prime) Total Subconsuttant Total Project Fee 3 586,327.09 56,419.76 592,746.84 313,657.00 8108,903.84 87.25% 12.75% 100.00% EXHIBIT D Fee Schedule Kimsey -Horn and Associates, Inc. gXPLANATION OF EXPENSES (Round Rock Corridor Traffic Signal Svnchronizationl Corridor Traffic Signal Synchronization: FM 3408 /Old Settlers Blvd - Chisoim Trak to Sunrise Gattis School Road - S. Mays St to Redbud Lane General Expenses (Function Code 110 and 165) A. Printing and Reproduction Report Submittal Printing Draft 75 (8'x11.5" Prints / Copies)/set x 2 sets x $0.15 ea. $22.50 Final 75 (8'x11.5" Prints /Copies)/set x 3 sets x $0.15 ea. $33.75 Total Printing and Reproduction: $56.25 B. Communication Fed -Ex Service 0 pkgs x $30.00 /pkg. $0.00 Telephone, Fax, Postage Total Communication: $0.00 C. Travel Automobile Mileage Meetings 4 trips x 30 miles/trip x $0.55 /mi $66.00 Field Recon 2 trips x 30 miles/trip x $0.55 /mi $33.00 Fine Tuning 6 trips x 40 miles/trip x $0.55 /mi $132.00 Automobile Rental Rental 0 days x $61.00 /day $0.00 Fuel 0 days x $15.00 /day $0.00 Airfare 0 trips x $200.00 /trip $0.00 Per Diem & Lodging Lodging 0 nights x $80.00 /night $0.00 Per Diem 0 days x $30.00 /day $0.00 Total Travel: $231.00 D. Computer 100% CADD Tech hours x $25.00 /hr $0.00 70% EIT 69 hours x $25.00 /hr $1,732.50 50% Engineer 176 hours x $25.00 /hr $4,400.00 TOTAL 245 Total Computer: $6,132.60 Total Direct Expenses: $6,419.76 4 EXHIBIT E Certificates of Insurance Attached Behind This Page A Rva CERTIFICATE OF LIABILITY INSURANCE DATEQUWDDIYYTY) 9/1/2011 THIS CERTIFICATE 18 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(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 18 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 Grayling Insurance Brokerage 450 Northridge_Parkway Suite 102 Atlanta GA 30350 MIMI. Jerry Noyola (770)552-4225 1 W. Not spume jerry.noyola8greyling.00 m cu Rtosp0001398 INN/REMS{AFFORDINGCOVERAGE NAICI INSURED • Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 alsuREEA:Travelers Indemnity Company of 25682 INsunana;Travelers Indemnity Coapany 25658 neuREac:Travelers Property Casualty 25674 menwaDhoenix Insurance Company 25623 INsuRER a:Lexington Inaurance Company 19437 INSURER F= is EODP(myon,Mnmm) COVERAGES CERTIFICATE NUMBER:510-11 (Kimlay Melanie REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN I88UED 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 1S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAM C��LAA�I►MS. OMR TR OPEIIURA/ICE ADOLVIIIITYPE MR WroR POUCYNUMSER p (MttlDOIYY% UMITS A GENERALUA1RJTY X commix. Guam. mem P -630 -8193899A -TCT -10 12/1/2010 12/1/2011 EAOHOCCIIRRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES a:a awning{ i 1, 000, 000 1 CLAIMS -MADE OCCUR is EODP(myon,Mnmm) s 10,000 peagiarg,&A0vw uRY i 1,000,000 GENERAL AGGREGATE $ 2,000,000 OEM AGGREGATE LSAT APPLIES —1 POUcv 17C Ill= PRODUCTS-COMPIOPAGO $ 1,000,000 s B AUTOMOBILE X ^ X X LIABIUTY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS P-810-57218497-It1D-10 12/1/2010 12/1/2011 COMBINED SPiOLE MT (sem $ 1,000,000 BOOlLYM4AURY(Per meson) $ BODILY INJURY (Par=Moe) $ PROPERTY DAMAGE (Perscddent) : Undedneured mobdel EV spit $ Udnwed molodstF.,$y $ C X UMBRELLA UAa 111 OCCUR EXCESS LIAR CLANS -MADE E881-0IP-8193B99A-TIL-10 12/1/2010 12/1/2011 EACH OCCURRENCE $ 5,000,000 AGGREGATE E 5,000,000 _ X DEDUCTIBLE RELENiION i 10,000 $ s n WORKERS AND ANY OFFICER/MEMBER (�Myyrrs�sMtay EOlRCRPTpN"albs COMPENSATION EMPLOYER, LULENpTY Y/ N NIA ENtIB-81938991►-10 12/1/2010 12/1/2011 X I WO S AATis L (( O _Pr EL EACH ACCIDENT $ 500,000 PROPRETORPARTNERaXECUTNE EXCLUOEM N E.L. DISEASE - EA EMPLOYEE $ 500, 000 I n NH) OF OPERATIONS babe . ELL DISEASE -POLICY LIMIT t 500.000 E Professional Liability 016017332 a 001162363 12/9/2010 12/1/2011 Percisim $4,000,000 seg egos $4,000,000 DESCRIPTION OFOPERATIONS / LOCATIONS (VEHICLES (Minh ACOR)1111,AddMmWRemelts SGwd1M VBMW slim* bepubsd) Re: For All Projects with the City of Round Rock. The City of Round Rock, TX is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation 6 professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contrast & 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 East Main Street Round Rock, TX 78664 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 ACORD 25 (2009109) INS023(20o9os) 01088 2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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.