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Contract - Halff Associates, Inc. - 4/26/2018
' ROUND ROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES,INC. ("Engineer") ADDRESS: 9500 Amberglen Boulevard,Building F, Suite 125,Austin, TX 78729 PROJECT: Kenney Fort Boulevard Intersection Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this theZ day of1 . 2018 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporate n, 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.04/13 0199.1812;00398035 00192831 -? U10) .1 �;0- 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Eighty-Two Thousand Nine Hundred Forty-Two and No/100 Dollars ($182,942.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 218-3237 Fax Number(512) 218-5563 Email Address bstableingroundrocktexas.gov 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: Daniel Franz Public Works Team Leader 9500 Amberglen Boulevard, Building F, Suite 125 Austin, TX 78729 Telephone Number(512) 777-4606 Fax Number(512) 869-0089 Email Address dfranz@halff.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the reasonable and necessary 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 reimbursement of reasonable attorney's 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such 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: Daniel Franz Public Works Team Leader 9500 Amberglen Boulevard, Building F, Suite 125 Austin, TX 78729 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 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 APPR D AS TO Fib': s By: d Stephanq. Sheets, City Attorney w►w "*:?FV ATTEST: ' By: Sara L. White, City derk HALFF A OCIATES, INC. By. Signatur riipal Printed Name: Mme) 'Fr--.1 15 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 i) Provide the Engineer with timely reviews and decisions to enable Engineer to maintain the project schedule. ii) Meet with the Engineer on an as-needed basis. iii) Provide Engineer existing City traffic signal phasing and timing information. EXHIBIT B Engineering Services Halff Associates, Inc. (Halff)will produce roadway construction plans, consistent with the City of Round Rock (City) guidelines and specifications, for City to address offsite roadway improvements required within current and proposed City Rights of Way for the proposed Kalahari Resort development by KR Acquisitions LLC (Developer) in Round Rock, Texas. The proposed roadway improvements consist of (3) three northbound Kenney Fort Blvd right turn lanes, (1) one southbound Kenney Fort Blvd hooded left turn lane within the existing median, traffic signal improvements at the proposed intersection of Kenney Fort Blvd and Kalahari Blvd, water main relocation design for Kenney Fort Blvd, and pavement failure investigation for a portion of Kenney Fort Blvd. It is assumed City will initiate formal construction of each of the referenced roadway improvements. TASK 1.0 PROJECT MANAGEMENT Project Management and Administration • The Engineer has provided for design meetings at two hours each. • Time has been included for general project coordination with the City and Sub-Consultants. • Time for Invoice and Progress Report creation has been included in the fee. • Direct Expenses for travel and copies is included in the fee. TASK 2. 0 FIELD SURVEY A. Project Control 1. Primary control - horizontal & vertical (3 Dimensional (313)control) a) The surveyor shall set 3 or more primary control monuments, one monument near each end of the project and outside of project limits. Additional monuments shall be set so that the interval between primary control monuments does not exceed approximately 2 miles. Primary Control monuments shall be placed where disturbance and future construction is least anticipated. These monuments shall be constructed according to the typical Type II Right of Way (ROW) marker standard M-92 (unless another standard is described here), with an aluminum Control disk placed in the top. Control monument numbers to be stamped on each monument shall be provided by the City and shall include City data. Information required shall include but not be limited to Texas Coordinate System (TCS) state plane coordinates and surface coordinates, TCS Zone, elevation (North American Vertical Datum 88 (NAVD 88) unless otherwise specified), project station and offset, monument description, reference or basis monument(s) used, a control layout 1 map and location sketches tying monuments to a minimum of three existing features. 2. Secondary control- a) Additional control shall be set as necessary to accomplish the survey efficiently and accurately. Information shall also be provided in the deliverables on any additional control set for the project. 3. Information on all control shall be furnished in the state's format and signed, sealed and dated by a Registered Professional Land Surveyor(RPLS). 4. All survey data collected by the surveyor for the purposes of this work authorization shall be based upon: a) The State's Real Time Network(netRTK) and based upon the latest National Geodetic Survey (NGS) datum adjustment (presently North American Datum (NAD) 83, epoch 2010, geoid 201213) and the latest elevation adjustment. 5. The surveyor shall calculate Project or Surface Coordinates by applying a Combined Adjustment Factor (CAF) to State Plane Coordinate values for this project as directed by the City by: a) Using a project scale factor of(1.00012). B. Design Surveys and Construction Surveys 1. The surveyor shall contact property owners for Right of Entry if needed. 2. Existing Right Of Way(ROW) a) The surveyor shall locate and verify Existing ROW. If any significant deviations from ROW records are found, these shall be brought to the attention of the state and discussed before any resolution is expected. 3. The surveyor shall collect data for a typical design and topographic survey as further detailed in State Survey specifications. Process data for DTM & Triangle Irregular Network (TIN) (213 & 3D), including but not limited to chains and points; planimetric maps (213) & topographic maps, cross sections and/or drainage analysis and other needs as detailed below. a) Typical DTM & topographic data includes but is not limited to: natural ground (NG), roadway surfaces, edge of pavement (EP), centerline, grade breaks, striping, driveways and side streets (determine driveway/side street radii), curb, ditches, culverts, headwalls, drainage structures, channel(s), riprap, power poles, signs, delineators, luminaries, fences, manholes, sewer lines, telephone boxes,junctions,etc.,water valves, fire hydrants,pipeline crossings, gas meters, gas valves, etc., and any other utility. b) Driveway and street/City road data collect type of surface (asphalt, 2 concrete, seal coat, gravel, dirt, etc.), with or without culvert, type of culvert pipe, size, length, with or without Safety End Treatment (SET). c) Cross road structures data (includes culverts and bridge class structures), collect type, size, end treatment, etc., and profile for crossroad structure. d) Identify and photograph features (signs, mail boxes,etc.). e) Develop pavement centerline alignment of existing pavement(s). f) Run existing cross sections as a back check for errors in data or processing g) Utility locations- collect horizontal and vertical location data of all underground and above ground utilities within the limits of the project in coordination with Task 3 SUE services. h) The Texas Excavation Safety System, DIGTESS one call system (phone number 1-800-DIG-TESS) shall be notified for utility locations and prior to drilling, setting or driving anything including property corners or control monuments below 16"depth, as detailed by DIGTESS (hllp://www.digtess.org), which may impact or be impacted by the existence of any underground utility, whether visible or not. Note that some local or city utilities may not be a part of the DIGTESS system and may require separate notification. i) Create centerline alignment. DELIVERABLES: A. Design Surveys and Construction Surveys Function Code 150 (3D model, TIN, etc.) The Surveyor Shall Provide Deliverables as stated below: 1. Data a) Raw field data b) Processed field data c) Project digital pictures (delivered in jpg format) d) 3D & 2D Topo (.dgn) processed files in MicroStation (latest version), with all chains and points. 2. Signed Right of Entry forms , if ROE was acquired. 3. ROW Products- a) Agn of Existing ROW b) Reference Deeds, support documents, scanned and in .pdf format. 4. Survey Control shall be furnished per the following: 1) The Survey Control Sheet(s) format, which consists of: (a) A Control Layout index map, which contains an overall view of the project area with the locations of primary and secondary control identified and labeled. (b) A Horizontal and Vertical Control Sheet(s), which contains monument sketches of primary and secondary control points. Monument sketches shall tie monuments 3 to a minimum of three existing features. (i) Survey Control Sheet(s) information shall include the NGS or other basis monument(s) name or identification number, Texas Coordinate System (TCS) zone information, Grid and Surface values in X, Y, & Z coordinates, the Combined Adjustment Factor or Surface Adjustment Factor, and project station and offset. (ii) Survey Control Sheet(s) shall be delivered as an 11" x 17" sized hard copy (White Opaque Film preferred) and as a PDF file. 2) All delivered control documentation shall be signed with a date of signature and sealed by a Texas RPLS. 5. Cross Sections-provide information on cross-sections used as a back check for errors in data or processing. 6. Raw GPS files a) For static GPS sessions, in RINEX format. b) For RTK GPS, furnish reports of network information. 7. ASCII file(s) of final position information. 8. MicroStation file or files (.dgn) (latest version) of all drawings. a) Shall include within the drawing file: Company name, address, telephone number, surveyor's name, date(s) of survey and survey datum information. b) Shall follow the naming convention"MDF"CSJ_Logical Name.dgn E.g. "MDF212104065_Topo.dgn" 9. .gpk, .prj, .tin and.dat files that are compatible with Geopak in Micro Station (latest version) format. SPECIFICATIONS & STANDARDS FOR THE WORK: The surveyor shall perform all work in accordance with the contract and the provisions, standards, specifications, manuals (TxDOT Survey Manual, ROW- Vol. 1, Procedures Preliminary to Release, et al), methods, procedures, deliverables, deliverable format and any other information contained within or referenced to in the contract as previously agreed to by both parties. TASK 3. 0 SUBSURFACE UTILTY ENGINEERING (SUE) Halff will perform SUE in accordance with ASCE CI/ASCE 38-02 "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data." This standard defines the following Quality Levels: Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the 4 potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on plan documents. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality Level B data should be reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Quality Level C: Information obtained by surveying and plotting visible above- ground utility features and by using professional judgment in correlating this information to Quality Level D information. Quality Level D: Information derived from existing records or oral recollections. Locating(Vacuum Excavation)—Level A Up to six (6) test holes will be performed on various subsurface utilities at locations specified by the Owner. Halff will dig an 8" x 8" test hole, to record the depth of utility, backfill and compact the hole, and restore the surface to its original condition. An iron rod with cap or"x-cut"will be set to mark the location of the test hole. Halff will make a good faith effort to locate all utilities, but shall be compensated for work performed even if the utility is not located. Designating—Level B Halff will designate toneable subsurface utilities within the apparent existing right-of- way/project limits using geophysical prospecting equipment and mark with paint and/or pin flags. Designating irrigation lines, asbestos concrete as well as pvc lines without tracer wire or access is not included in this Work Authorization. Halff s services will be performed in a manner consistent with that degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar circumstances. Because of limited record information, Halff cannot guarantee that all utilities will be found and marked on the project. SUE Deliverables/CADD Deliverables for the designated work will include an electronic file (Microstation and/or AutoCAD format) containing the horizontal locations of the utilities. The utilities will be overlaid onto the base/seed file provided by the Owner. A Test Hole Data Form will be completed and submitted to the Owner for each hole performed indicating depth, size, and material of utility. Electronic files will also be provided in DGN and/or DWG format along with PDFs and photos. Right-of-Entry 5 Right-of-entry is not included under this Work Authorization as work is anticipated within the right-of-way. If right-of-entry is required, it will be performed and provided to Halff by the Owner. Halff will coordinate with property owner(s) once right of entry has been obtained. Permitting Street cut permits (if necessary) will be coordinated with the City. Traffic Control Halff will provide routine/ordinary traffic control consisting of cones and free-standing signage for this project. It does not include lane closure(s), flag person(s), arrow board(s), changeable message board(s), or the preparation of engineered traffic control plans. TASK 4. 0 CONSTRUCTION DOCUMENTS A. Roadway Design Services 1. The public improvements required to service the proposed development are referenced in the approved Traffic Impact Analysis on file with the City. The proposed roadway improvements consist of (3) three northbound Kenney Fort Blvd right turn lanes, (1) one southbound Kenney Fort Blvd hooded left turn lane within the existing median, and traffic signal improvements at the proposed intersection of Kenney Fort Blvd and Kalahari Blvd. Each of these public improvements are anticipated to occur within existing public Right of Way. The vertical cross section of each turn lane will match the cross section of the existing Kenney Fort Blvd. Halff will prepare 60%, 90%and 100% Bid Construction Documents for the required public roadway infrastructure (herein known as the"PROJECT")necessary to service the initial Phase of development.Construction plans will be prepared in accordance with City of Round Rock and TCEQ standards and consist of the following drawings: a. Cover Sheet b. General Notes c. Survey Control d. Drainage Calculations e. Demolition Plan f. Roadway Plan and Profile Sheets g. Storm Drain Plan and Profiles h. Traffic Signal Sheets i. Signage and Striping Plan Sheets J. Illumination Sheets k. Traffic Control Plan 1. Erosion Control Plan m. Standard Details 6 2. Halff will prepare technical specifications for the offsite infrastructure at the 90% and 100%design stages. 3. Halff will prepare 60%, 90% and 100% preliminary opinions of probable construction costs (OPCC) for the offsite infrastructure improvements. 4. Halff will submit each level of plan preparation to the City for review and approval for processing. TASK 5. 0 TRAFFIC SIGNAL DESIGN Kenney Fort Blvd. is an existing six-lane divided major arterial generally running in the north-south direction. The posted speed limit on Kenney Fort Blvd. is 50 mph. Kalahari Blvd. which will form a T-intersection with Kenney Fort Blvd. is anticipated to be constructed as part of a proposed development south of US 79 and east of Kenney Fort Blvd. The proposed signal is anticipated to provide access to the proposed development. The fourth(west leg)of the intersection may be constructed in the future. This project will be developed utilizing Microstation V8i and Bentley Geopak V8i. A. SIGNAL DESIGN PLANS The Engineer will develop plans to install new traffic signal at the intersection of Kenney Fort Blvd. and Kalahari Blvd. The Engineer will develop plans to include a future fourth leg to the intersection. (a) The signal plans will be prepared at a scale of 1"=40' and will include the following sheets. (i) Existing Conditions sheet will show locations of existing traffic control devices, underground, and overhead utilities at each intersection. (ii) Signal Layout sheet will show the locations of proposed signal poles, pedestrian poles, signal heads, communication equipment, electrical conduits, ground boxes, signal cabinet, new electrical service, existing utilities, right of way, and proposed roadway improvements. Locations of pedestrian poles and pedestrian access ramps will be designed in conformance with ADA requirements. Due to lateral and vertical clearance required from an overhead electric line(per the State law),the Engineer will coordinate with the City before finalizing locations of signal poles, where applicable. (iii)Signal Elevation sheet will show placement of signal heads on a mast-arm and vertical clearance required for the mast-arm. 7 (iv)Conduit Chart and Electrical Wiring sheet will show the type and number of electrical wires in each conduit run. A new electrical service will be designed to support total electrical load due to the new traffic signal and safety lighting at the intersection. The electrical service will include two separate circuits for traffic signal and illumination. The Engineer will conduct a field meeting with the City and ONCOR to determine location of new electrical service. The Engineer will locate and design conduits for the future west leg of the intersection. (v) Phasing & Detection sheet will show the proposed phasing at each intersection. Phasing and signal-heads for left-turn movements will be designed in conformance with 2011 Texas MUTCD.Video detection details for each movement will also be shown. (vi)Quantities sheet will be provided for the intersection. (b) The Engineer will use latest general notes issued by the City/TxDOT and update appropriately as required for traffic signals. (c) The Engineer will design signal poles, foundations, conduits, cables, etc. to include a future fourth leg to the intersection. B. STANDARDS, SPECIFICATIONS, AND ESTIMATE (a) The Engineer will download the appropriate City and TxDOT standards from the City or State web site, as appropriate. Standards that require modification will be corrected and sealed by the Engineer. All other standards will have their title blocks filled out with the applicable project data and printed for inclusion in the final plan set. (b) The Engineer will provide a list of applicable special specifications for traffic signals. If needed, the Engineer will develop or modify up to four (4) unique special specifications where an existing statewide specification is unavailable. (c) An opinion of probable construction cost will be prepared at the 90% and prior to final PS&E submittal, and supplied to the City in Microsoft Excel format. TASK 6.0 CONSTRUCTION PHASE SERVICES A. Bid Phase Services I. Halff will provide assistance to the design team in responding to questions from bidders and provide clarifications as reasonably needed. 2. Halff will prepare contract addenda as necessary to incorporate into the construction document bid package. B. Construction Administration I. Submittal Review a. Review, and provide written responses to contractor submittals and RFI's on construction drawings and specifications prepared under this proposal. 8 b. Assist the City in review of general contractor applications for payment to confirm general compliance with contract requirements and percentage of completion of contract work associated with the civil site improvements. c. If required, issue written recommendations on claims and disputes between the City and contractor. 2. On-Site Meetings and Construction Observation a. Halff Associates will provide periodic observation and attend meetings during the site work phase of construction for the project. Up to four (4) site visits/site meetings are budgeted for this task. Additional requested attendance over this number can be provided for an additional scope and fee. b. Assist the City in determining whether work conforms to the contract documents or should be rejected. c. In addition to the above construction observation services, Halff will attend the pre-construction meeting at the start of construction. TASK 7. 0 UTILITY DESIGN With the three proposed NB right turn lanes proposed in Kenney Fort, it is anticipated that the existing 16-inch water main would be located under the future pavement section. As a result, the City has requested design for relocation of the existing 16-in water main currently located under the 10-ft shared use path on the eastern side of Kenney Fort Blvd. Halff will provide design and construction documents for the relocation of the existing 16-inch main. The proposed relocation will location will be coordinated with the City of Round Rock. Halff will determine if additional Right of Way may be necessary for the proposed 16-in water main relocation. TASK 8. 0 PAVEMENT INVESTIGATION The City has requested Halff conduct an investigation on the existing pavement failure within Kenney Fort Blvd between the Brushy Creek Trail connection point and the Kenney Fort Bridge. A. Geotechnical Investigation and Analysis (1) Perform field and laboratory geotechnical investigations to provide subgrade conditions, soil and groundwater conditions for excavations, pavement repair and backfill recommendations, as necessary for the design of PROJECT; (a) Drill,classify, and perform pertinent tests on soils at 5 locations(not to exceed 10 linear feet of vertical boring). If number of borings required exceeds these values, additional compensation may be requested as an additional service. 9 (2) Prepare a report containing recommendations regarding surface conditions, soil and geologic conditions at the proposed Kenney Fort turn lanes and pavement repair location, excavation and trench slope consideration, anticipated settlement, compaction, fill and structural design considerations. Provide one copy of geotechnical investigation summary report for CITY records.Report shall be sealed by a Professional Engineer licensed in the State of Texas. (3) Incorporate the geotechnical bore log(s) into the construction drawings or contract documents. B. Construction Plan Preparation Halff will prepare construction plans for the repair/reconstruction of the existing pavement failure within Kenney Fort Blvd. The submittal sequencing and OPCC for the pavement repair/reconstruction plan preparation will be in accordance with Task 4.0. SERVICES NOT COVERED The services stipulated below are specifically excluded from the scope of this contract. In the event additional services are required, an addendum to this contract will be required before work can proceed. Additional services include but are not limited to the following: 1. Cultural Resources Survey and Permitting. 2. Construction Materials Testing Services. 3. Construction Phase survey services. 4. Property acquisition services including appraisal and condemnation services or Easement preparation. 5. Drafting,preparation or submittal of formal agreements between the Owner and City or other outside agencies. 6. Design and Utility coordination of private utilities such as electrical, gas, or communications facilities. 7. Any Environmental Analysis including investigation and permitting. 8. Obtaining 24-hr or peak period turning movement traffic counts. 9. Temporary Traffic Signal Design. 10. Traffic Signal warrant study. 11. Coordinated signal timing plans along Kenney Fort Blvd or other signal communication systems. 10 12. Coordination with TxDOT or other approving agencies. 13. Utility System modeling 14. SWPPP preparation for the project.SWPPP to be requirement of contractor. 15. Attendance at public meetings or City Council, Planning & Zoning meetings. 11 EXHIBIT C Work Schedule Attached Behind This Page EXHIBIT C - TENTATIVE DEVELOPMENT SCHEDULE ■„■. HALF L1March April May June July August September October 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 1 2 3 4 1 2 3 4 Task Task I Description 1 Project Management I Coordination City Council Meeting Notice to Proceed 2 Survey 3 SUE-Test Holes i 4 Construction Documents 60%Construction Documents 60%City Review 90%Construction Documents 90%City Review 100%Construction Documents 5 Traffic Signal Design 7 _Utility Design 8 Pavement Investigation Geotech Construction Documents City Review 5 Bidding Assistance* -Bid Dates to be determined 6 Construction Phase Services* Notes:This schedule is tentative and general design and review time may adjust overall project deadlines. * Bidding and Construction initiation contingent on City Schedule for Joint Kenney Fort Blvd Improvements EXHIBIT D Fee Schedule Compensation for design services shall be paid by the City to Halff for all services required for work stated under the following Tasks in the following lump sum amounts: TASK I —PROJECT MANAGEMENT $ 413950 TASK II.—SURVEY $ 7,060 TASK III—SUE $ 11,030 TASK IV. —CONSTRUCTION DOCUMENTS $ 83,180 TASK V.—TRAFFIC SIGNALS $275715 TASK VI.—CONSTRUCTION PHASE SERVICES $ 13,295 TASK VII.—UTILITY DESIGN $ 17,930 TASK VIII.—PAVEMENT INVESTIGATION $ 179782 TOTAL PROJECT DESIGN SERVICES TASKS $ 182,942 ENGINEER shall submit monthly invoices for Lump Sum Services rendered,based upon the actual percentage of work complete at the time the invoice is prepared for each individual task listed. Exhibit D-Fees Breakdown Professional Services Date:3/20/2018 Kenney Fort Intersection Improvements City of Round Rock PRINCIPAL PROJECT SR PE E.I.T. ENV ENV ENV CARD/ SURVEY SURVEY SURVEY/ CLERICAL TOTAL LABOR DELIV, TOTAL COST ASK/DESCRIPTION MANAGER PE SCIENTIST SCIENTIST SCIENTIST GIS MANAGER /SUE SUE I ADMIN MAN- CHARGES PRINTING, TRAVEL SUB FOR TASK Shaels PM SR in TECH RPLS TECH CREW HOURS PLOTTING 6 SUE CONSULTANTS (INCL MULTS) ASK 1 'iiPROJECT STARTUP 6 MANAGEMENT �CGOROMATION AND INVOICING 12 12 $2,700 $2,700 -MEETINGS 10 10 $2,250 $2,250 SUBTOTAL HOURS/COSTS 22 22 $4,950 $4,950 TASK 'SURVEY 'PROJECT CONTROL 2 6 10 18 $2,480 $2,480 !DESIGN SURVEY 2 6 24 32 $4,580 $4,580 SUBTOTAL HOURS/CGSTS 4 12 34 50 $7,060 $7,060 ASK 4 PSE 60%DESIGN .COVER SHEET 2 1 2 8 8 21 $2,665 $2,665 GENERAL NOTES 1 2 8 8 19 $2,165 $2,165 ',DRAINAGE CALCS 4 8 24 _ 6 44 $5,740 $5,740 ',DEMOPLAN 2 4 10 8 24 $2,990 $2,990 !STORM P&P 4 8 30 16 58 $7,080 $7,080 !ROADWAY PSP 4 12 36 24 76 $9,180 $9,180 SIGNSTRIPING 1 4 12 12 29 $3,325 $3,325 YRAFFIC CONTROL 1 2 10 B 21 $2,385 $2,385 ILLUMINATION SHEETS 1 4 12 10 27 $3,155 $3,155 ELS PLAN 1 4 10 _ 8 23 $2,765 $2,765 '',DETAILS 2 4 24 24 54 $5,890 $5,890 D&DESIGN 2 10 24 40 56 132 $16,470 $16,470 ',BID CONSTRUCTION DOCS 2 10 20 32 40 104 $13,470 $13,470 1 2 8 24 16 51 $5,900 $5,900 PROJECT MANUAL SUBTOTAL HOURSICOSTS 7 44 106 280 230 16 683 $83,180 $83,180 ASK 5 TRAFFIC SIGNALS DESIGN $27,715 $27,715 SUBTOTAL HOURSICOSTS $27'715'00 $27,715 ASK 6 ',CONSTRUCTION PHASE SERVICES IG PHASE SERVICES 4 10 14 28 $4,340 $4,340 SUBMITTAL REVIEW 1 12 32 45 $6,025 $6,025 ;CONSTRUCTION MEETINGS 1 8 8 17 $2,930 $2,930 SUBTOTAL HOl1RS/COSTS 1 13 22 54 90 $13,295 $13,295 ASK 7 UTILITY DESIGN 6.1 WATER LINE RELOCATION 1 8 24 72 40 145 $17,930 $17,930 SUBTOTAL HOURS/COSTS 1 8 24 72 40 145 $17,930 $17,930 ASK B KENNEY FORT PVT INVESTIGATION 7.1 OEOTECM $9,682 $9,682 7.2'DESIGN 8 12 18 24 62 $8,100 $8,100 SUBTOTAL HOURSICOSTS 8 12 18 24 62 $8 100 $9,682.00 $17,782 ASK3 -SUE SUE SERVICES 4 16 2 22 $3,230 $3,230 (TEST HOLES $7,800 $7,800 SUBTOTAL HOURS/COSTS 4 16 2 22 $3,230 $7,800.00 $11,030 EE SUMMARY TASK 1 '.PROJECT STARTUP 6 MANAGEMENT 22 22 $4,950 $4,950 TASK2 ;SURVEY 4 12 34 50 $7,060 _ _ $7,060 TASK ;PSE 7 44 106 280 230 716 683 $83,180 $83,180 File:GRAFT FEE SUMMARV_HaIH_Team 65_v4 WIN Aaseciales Inc. 1 OF 2 Exhibit D-Fees Breakdown Professional Services Date 3/20/2018 Kenney Fort Intersection Improvements City of Round Rock PRINCIPAL PROJECT SR PE E.I.T. ENV ENV ENV CADD, SURVEY SURVEY SURVEYI CLERICAL TOTAL LABOR DELIV, TOTAL COST AS K i D E S C R I P T I O N MANAGER PE SCIENTIST SCIENTIST SCIENTIST GIB MANAGER :SUE SUE I ADMIN MAN- CHARGES PRINTING, TRAVEL SUB FOR TASK Sn�cf� PM SR JR TECH RPLS TECH CREW HOURS PLOTTING &SUE CONSULTANTS (INCL MULT'S) TASK :.TRAFFIC SIGNALS $27,715 $27,715 TASK CONSTRUCTION PHASE SERVICES 1 13 22 54 90 $13,295 $13'295 TASK 7 ',UTILITY DESIGN 1 8 24 72 40 145 $17,930 $17,930 TASK 'KENNEY FORT PVT INVESTIGATION 8 12 18 24 62 $8,100 $9,682 $17,782 TASK SUE 4 16 2 22 $3,230 $7,800 $11,030 SPECIAL SERVICES TOTAL HOURS 9 95 164 424 294 8 12 50 18 1074 CONTRACT PATES(SI $250.00 $225.00 $190.00 $145.00 $110.00 $190.77 $123.07 $81.54 $85.00 $175.00 $105.00 $150.00 $65.00 ASE RATES&REIMS'S TOTAL $2,250 $21,375 $31,160 $46.640 $24:990 $1,400 $1,260 $7,500 $1,170 $137,745 $45,197 $182,942.00 OTAL BY CATEGORY 2% 16% 2390 34% 18% 1% 1% 5% 1% 100% $137,745 $45,197 $182,942.00 OTAL FEE $137,745 $45.197 $182,942.00 File:DRAFT FEE SUMMARY Halff Team 65 v4 Halfl Associates Inc. 2 OF 2 EXHIBIT E Certificates of Insurance Attached Behind This Page DATE(MM/DD/YYYY) Ao CUR" CERTIFICATE OF LIABILITY INSURANCE 3/22/2018 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(ies)must have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Candy GOehring Bell Insurance Group PHONE FAX 16980 DALLAS PKWY STE 210 (A/C,No EM);972-581-4915 _ LA/C,No):972-581-4916 DALLAS TX 75248 ADDRESS:E-MAI _C oehrin bellrou .com INSURER(S)AFFORDING COVERAGE_ _NAIC# INSURER A:Valley Forge Ins.Co _ _ 20508 INSURED HALFASI-01 INSURER B:National Fire Ins.CO. 20478 Halff Associates, Inc. 1201 N. Bowser INSURER C:Continental Casualty Company 20443 Richardson TX 75081 INSURER D:Amer.Casualty Co of ReadingPA_ — _ 20427 INSURER E: Ironshore Specialty Ins Co 25445 INSURER F: COVERAGES CERTIFICATE NUMBER:872591860 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6049909053 7/12/2017 7/12/2018 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $1,000,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 — - -- X JECT OTHER: Contractual Liab $ B AUTOMOBILE LIABILITY 6049909036 7/12/2017 7/12/2018 COMBINED SINGLE LIMIT $ (Ea accident _1.000.000 X�ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY [Per accident)_ C X UMBRELLA LIAB X OCCUR 6049909070 7/12/2017 7/12/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$ $ D WORKERS COMPENSATION 6049909067 7/12/2017 7/12/2018 X PER STATUTE EORH AND EMPLOYERS'LIABILITY — - ---- -� ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N/A E.L.EACH ACCIDENT $12000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E Professional Liab. 002091903 7/12/2017 7/12/2018 Per Claim 1,000,000 Claims Made Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Round Rock is included as additional insured as respects general liability and is primary non-contributory if required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager, City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street Round Rock TX 78664 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-332852 Halff Associates, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/02/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA-Kenney Fort turn lanes Engineering&Surveying Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Zapalac, Russell Richardson,TX United States X Tanksley,Dan Richardson,TX United States X Skipwith,Walter Richardson,TX United States X Murray, Menton McAllen,TX United States X Plugge, Roman Richardson,TX United States X i Moya, Mike Austin,TX United States X Kunz,Pat Richardson,TX United States X Kuhn, Greg Richardson,TX United States X Killen, Russell Richardson,TX United States X Ickert,Andrew Fort Worth,TX United States X Jackson,Todd Austin,TX United States X Edwards, Mark Richardson,TX United States X Bargainer,Tim Austin,TX United States X Adams, Bobby Houston,TX United States X Franz, Daniel Austin,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2of2 Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-332852 Halff Associates, Inc. Austin,TX United States Date Filed: 2 Mame of governmental entity or state agency that is a party to the contract for which the form is 04/02/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA-Kenney Fort turn lanes Engineering&Surveying Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLA !TION My name is t l T' and my date of birth is My address is x/30 1mbSS 1�1aC1n. .lel: �pK Q,�pC�C ,--it g�rs (street) (city) (state) (zip code) (country) I declare under petnnalty' of perjury that the foregoing is true and correct. Executed in County, State of--71k dl S ,on the day-DL 20 . (month) (year) t Signature d authorEz6—d agent o1 cont cling buss ss entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-332852 Halff Associates, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/02/2018 being filed. City of Round Rock Date Acknowledged: 04/04/2018 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA-Kenney Fort turn lanes Engineering&Surveying Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Zapalac, Russell Richardson,TX United States X Tanksley, Dan Richardson,TX United States X Skipwith,Walter Richardson,TX United States X Murray, Menton McAllen,TX United States X Plugge, Roman Richardson,TX United States X Moya, Mike Austin,TX United States X Kunz, Pat Richardson,TX United States X Kuhn, Greg Richardson,TX United States X Killen, Russell Richardson,TX United States X Ickert,Andrew Fort Worth,TX United States X Jackson,Todd Austin,TX United States X Edwards, Mark Richardson,TX United States X Bargainer,Tim Austin,TX United States X Adams, Bobby Houston,TX United States X Franz, Daniel Austin,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 2 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-332852 Halff Associates, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/02/2018 being filed. City of Round Rock Date Acknowledged: 04/04/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA-Kenney Fort turn lanes Engineering&Surveying Services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523