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R-12-10-25-H13 - 10/25/2012 i a t F t' RESOLUTION NO. R-12-10-25-1113 z WHEREAS, the City of Round Rock desires to retain engineering services for the Sam Bass at Creek Bend Intersection Improvements,and WHEREAS, Kimley-Horn and Associates, Inc. has submitted a Contract for Engineering Services F i to provide said services, and E WHEREAS, the City Council desires to enter into said contract with Kimley-Horn and a 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 Sam Bass at Creek Bend Intersection Improvements, 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 25th day of October, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCC Ints\01 12\1204\NtLQQICIPAL\00260450.DOC E" HIBIT „A„ 'ROUND ROCK,TEXAS PURPOSE.%SSIOU PROSPERITY CITY OT ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES INC. ("Engineer") ADDRESS: 10415 Morado Circle,131da. I, Suite 300,Austin,TX 78759 PROJECT: Sam Bass at Creck Bend Intersection Iinnrovements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2012 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 52254.002(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 0199.1265;00259254 00192831 TX05TRFSIG 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 vices as identified in Exhibit B entitled "Engineering Engineer shall perform Engineering Ser 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 termnate 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 frilly and timely accomplish all Engineering Services required under this Contract in a professional nnanner. 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 fiill 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 Sixteen Five Hundred Forty-Three and 64/100 Dollars ($116,543.64) as shown in Exhibit D. The lunnp 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 fluids; 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: Joe Bledsoe Project Manager Round Rock,TX 78664 Telephone Number(512) 218-6603 Fax Number(512)218-5563 Email Address jbledsoe@roundrocktexas.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 iii the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Vivek Desllpande,P.E.,PTOE Transportation Engineer 10415 Morado Circle,Bldg I, Suite 300 Austin, TX 78759 Telephone Number(512) 418-4536 Fax Number(512) 418-1771 Email Address vivek.desllpande@kinlley-ho�7i.conl 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 z 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 fiill force and effect within sixty (60) days of receipt of written notice fi•om City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Corrtract 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 Supphementah 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 i 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 frill 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, investigations, studies and other documents, completed or partially drawings, estimates, specifications, 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 therefi otn. 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 wider 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 Engineers 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 s 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 Project is permitted. Any unauthorized use of the Instruments of similar purposes in corulection with the without liability to Engineer and Its Engineers. Service shall be at City's sole risk and Prior to Engineer providing to City any Instruments of Service in electronic folia 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 vided by Engineer for the convenience of City, and use of them is Contract. Any electronic files are pro 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 fiirnish 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 llcted by City. Engineer immediately be removed from association with the project when so insti 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 and convenience of City or other representatives in the reasonable facilities and assistance for the safety performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before ments on Engineer's preliminary reports shall be addressed in any any final report is issued. City's com 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 Engineers 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 fiilfrll 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 determininghe sole ue of Engineering Services performed by Engineer prior to termination, City shallbe J Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 r F 1 inate this Contract under Subsection (4) immediately Services completed at that time. Should City term the thirty-day notice period shall not exceed the amount charged above, then the amount charged during during the preceding thirty(30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for shall give consideration to the actual costs incurred by Engineer fault on the part of Engineer, then City 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 tinder 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, minlniurn/maxinlunl salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of leis/leer/its compliance. ts and licenses required in the performance of the Engineer shall further obtain all permi 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 clainis and liabilities due to activities of leis/leer/itself and leis/leer/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, COi1ll11iSSI0Ir, 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 reconunended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Itisiu•ance. 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 ti tify City, within twenty-four(24)hours of receipt, of otherwise acceptable to City. Engineer shall also no f expiration, cancellation, non-renewal, or material change in coverage it receives from its any notices o 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). F 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 POIICy 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 fitture 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 } k i 4 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 t Y f t t and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 t Engineer: Vivek Deshpande, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg I, Suite 300 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract witlun the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be firlly 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 fiom 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 ftunished by Engineer and its employees under this ordinarily used by members of Engineer's profession practicing Contract will be the care and skill 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 cast 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 e Engineer has no control over the cost of labor, materials, professional engineer. However, sinc 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 tetras 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 art officer of the organization for which lie/she has executed this Contract and that lie/she has Rill 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 Stephan han L. Sheets, City Attorney ATTEST: By: Sara L. White, City Clerk KIMLEY-HORN AND ASSOCIATES, INC. By: S nature of Princ pa) /// , / Printed Name: h W w , V aH 1 et wN 15 LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services ti (3)Exhibit C Work Schedule t (4) Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 16 EXHIBIT A City Services the following information and/or perform the following tasks: The City will fiunish to the Engineer 1. Provide any existing data the Owner has on file concerning the project, if available. 2. Assist with the coordination of any required public involvement. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County,neighboring Cities and/or other franchise utility companies. 4. Provide existing plans and designs for Sam Bass Road and Creek Bend Boulevard, including pavement section,drainage facilities,and sidewalks. 5. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 6. Meet on an as needed basis to answer questions,provide guidance and offer comment. 7. Provide construction inspection and construction testing services including coordination and scope of services. 8. Review submittals and provide comments. i EXHIBIT B Engineering Services f t t SCOPE,OF WORK tion specifications,and The Engineer will beresponsible f is nd for�cnsutrr, ction cont acttadmin tat onrsuppo t forf the Project.hnThe Project other construction co oil he and generally includes Plans, Specifications, and Estimate(PS&E) for adding Y right-turn frau In addi i addition, theprojecti includes approaches on Sam Bass Road at Creek Bend Blvd. and installing a ne installing a new traffic signal at the intersection of Wyoming Springs Dr.and Brightwater Blvd. ¢ The Sam Bass toad at Creek Bend Blvd. Intersection Improvements project will widen Sam Bass Road on the eastbound and westbound approaches to the Creek Bend Blvd. intersection to provide dedicated left and right turn lanes and install a e new traffic signal. Currently, Sam Bass Road is a three-lane urban roadway on the we approach and a two-lane i rural roadway on tine eastbound approach. At the intersection of Wyoming Springs Dr.and Brightwater Blvd.,there are existing signal pole foundations,and conduits. tall traffic signal equipment including but not limited to appropriate signal poles, mast-anus, Plans will be designed to insz signal heads,electrical wiring,ADA compliant pedestrian ramps,and communication equipment. The Engineer's Services consist of the services specifically udisciplines subcontractors including the specific h the followingconslting as ks I hrough to the Engineer engineering services to be perfumed throug 1. CP&Y—Roadway Design,Drainage 2. SWCA Environmental Consultants—Environmental 3. The Wallace Group—Surveying Services 4. GRAM Traffic—Traffic Counts th he latest Design services related to the design and plan production for this projecStandardst will be Crteria Manual and TxDrmed in accordance sOTtmanuals g available City of Round Rock Transportation Design and Construction fion the design collection located on the TxDOT website. deterhe mined asway }asll be resultdesigned of t a traffic study performed med with thus criteria,as applicable. Tine length of each turn lane will b contract. Plans will be prepared on l 1"x17"sheets per TxDOT criteria. development of the project will be consistent with City and TxDOT design procedures and practices. This project will The p be developed utilizing Microstation V8i and Bentley Geopak V8i. Agency abbreviations are as follows: 'texas De atnnent of Transportation ('1'xTexas Department of Transportation DOT), City of Round Rock (City) p Environnnental Division (TxDOT-ENV), Federal Highway EPA), eras Administration Historical Commission h(THC),National Register Organization(CAMPO),Environmental Protection Agency(EPA),Tera of Historical Places (NRNP), Federal Emergency Management Agency (FEMA}, Texas Commission on Environmental Quality(TCEQ). 1 of 9 } a i s TASK OUTLINE z f i. PROJECT MANAGEMENT Project management spans thd coordination of services provided e entire duration of the project and involves monitoring an E J to the City to assure timely and efficient completion of the project. Included in this task are project control and scheduling, documentation, reposing reqct specific uirements, staff forums, meetings, and quality cstated herein,e it isvassun assumed iew and pkat all Project technical meetings will be conducted under this subtask. Unless otherwise usea is ag review meetings will be held at the City of Round Rock Public S�orEkrevievameeting ent offices. nd onetteclnrnical geed eeting willbe purposes that one kickoff meeting,one field review meeting, held relative to the Project. U. SURVEYING SERVICES A. PROJECT CONTROL SERVICES 1. Attempt to recover and utilize the existing NAD-83/93 {HARN} NAVD 88 datum,Texas State Plane Coordinate System,Texas Central Zone aerial mapping primary control ;cope idthis fee do not include effort points rthe case that the control has tore-establish been destroyed the Client will be notified immediately. This pto destroyed control. A Global Positioning System ee methods S)and con also be used to perforvtional land mnthelva various tasks oft his establish additional project control if needed. T project. B. DESIGN SERVICES 1. Generate, recover, and/or verify existing horizontal and vertical project primary control at the site, if any, and reconcile the control to known existing intersecting projects. 2. Establish or densify additional secondary control as needed for the project to collect data along the length of the project. on spindles(paved areas)or other durable entities for tine project 3. Use 5/8" iron rods with distinguishing caps,cott control as applicable. 4. Perform differential leveling through ail of the project control (primary and secondary) to establish or extend vertical control for tine protect. 5. Perform a topographic/design survey within the project limits. The ks cuive�ts��ulvle t/typeslnandvey sizes,cin inlets but and rs not other necessarily limited to: roadway, ditches, major grade breaks, drainage structures, metal beam guard fence, fences, driveways, mailboxes, traffic and other signs, traffic signal poles,mailbox turnouts,striping,and visible above ground utilities. G. Survey drainage structures within lunits. 7. Process the collected information into a ! foot contour DTM file. right S. Locate right-of-way momunentaass tiorr and other survey.tThis is nlotltolbele e construed as boundary tsu vey es for ngnaBhis Road and intersecting roads within the Inn time nor is it considered taxable for the purposes intended at this time. C. UTILITIES e request and track responses. The markings will be surveyed and included in the 1. Make a"One Cal!"utility locat 2D DGN file for the designer's use. 2. The Engineer will contact each utility company and meet with them e SUE City ofRound Rock utility coordination meeting to review their assumed utility locations developed from process. 2 of 9 D. DELIVERABLES (a) 2D MicroStation V8 planimetric file. (b) 3D MicroStation V8 DTM file including break-lines and 1 foot contours. (c) Geopak V8i DTM (tin)file. (d) ASCII point file. (e) One CD-ROM containing the specified files. (f) PDP file of each Surveyor's project field book. E. ASSUMPTIONS 1. The Engineer shall notify the client prior to performing the work if: (a) Sufficient right-of-way monumentation cannot be found to re-establish the existing alignments and associated right-of-way lines along the project corridor. (b) Traffic Control cannot be managed by the Surveyor's personnel. (c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control. (d) Existing Project Control cannot be recovered or verified. III. PLANS,SPECIFICATIONS&ESTIMATE A. DATA COLLECTION Rock to obtain pertinent project information. 1. Coordinate with the City of Round 2. Perform field investigations of the project. by 3. Develop the roadway design criteria to Transportation Devised esign Desig►a►a<1dpCo Construction ctione Standardssset of Criter Criteria teria al►ll be and based on the City of Round Rock p AASHTO Manual. B. ENVIRONMENTAL STUDIES 1. Habitat Assessment prior to conductin Review technical databases,technical literature, andgovernmental publications a d databases s y threatened,endangered, in the vicinity of field surveys to identify federall ,a the project area. The habitat assessment includes determining whether suitable habitat exists within and adjacent to the proposed project area, taking representative photographs of thfor e project federally threatened,reporting endangered, all isand protocols for determining required habitat will be performed candidate species in Williamson County. Coo►ldrs sco e of work if licrbitat for fedel al y listed species is identified ii Count),Conservation Fund is not included in this p 2. U.S.Army Corps of Engineers(USAGE)Permitting affect Review available information and conduct'field investigations to that rojecttnwould affect er the project would ilmpacts 3 jurisdictional wetlands and waters of the U.S. (WUS). If it is P would be permitted under Section 404 of the Clean Water Act by the Fort Worth District of the USAGE. If tilen manua necessary, Engineer will conduct a wetland delineation following SACEl987 deli►teasion unarn►alnGGreat►Plains Regionl procedures and the 2008 Interim Regional Supplement to the U Once field work has been conducted on the sdp jurisdictional site,ject watehs ande of ettlands.1e Preparation will be of determined depending on the area of impacts, if any, to inn Notification to the USACE or individual Permit is riot included in this scope of ivo k. 3 of 9 d } 3. Cultural Resources Investigation(provided by SWCA Environmental Consultants) (a) Cultural Resources Assessment—The assessment will begin with a background archaeological literature and records search of the project area.For this research,an SWCA archaeologist will search site files,records,and maps files housed at the Texas Archaeological Research Laboratory (TARL) and the Texas Historical WCA archaeologist will search the Texas Archeological Sites Commission(THC)Library. Additionally,an S Atlas (Atlas) online database for any previously recorded surveys and historic or prehistoric archeological sites, sites located in or near the project areas. In addition to identifying previously recorded archeological Atlas review will include the followhtg types of information: NationReg sMarke Historicter of properties, State Archeological Land (OTHMs),Reg s ered Landmarks (SALs), Official Texas Historical es,and local neighborhood surveys.This task will allow SWCA Texas Historic Landmarks(RTHLs),cemeteri to identify any areas within the properties that have potential to contain significant, undocumented archaeological sites. Other critical factors that will be examined include the level of previous disturbances fiom residential and commercial development, types of soils, and any obvious standing structures which appear on historic USGS to maps. With this information, SWCA will be able to evaluate archaeological potential and concerns as well as the probable level of archaeological effort that would be required to obtain compliance with any applicable Federal or State cultural resource regulations. he When done,SWCA will prepare a letter report of the fan$°1eevio rsfy recordedThis report ls tes and/o l document surveys revealed used in the investigations,the presence and condition ) p in the literature review, and provide estimates on the level of future archaeological work that may be necessary to satisfy potentially applicable State cultural resource laws. SWCA will provide a draft report its and s the client for review and approval, followed by Tlfie reportre °rYif�tcoi be subr nutted ng all with the rSHPO Con itation from the Engineer and the Cit) of Round Rock. Request Form in order to provide as much information as possible about the project area. ary (b) Com letion of the Request for SHPO Coustrltation submi sion of tl eSWCA Request for SHPOand Co rsultation fo gin.This supporting documents for the completion and will include a detailed project description and the identification of the Area of Potentia!Effect(APE).Formal consultation with the SHPO will provide the level of effort (if any) required by the state for archaeological compliance regarding this specific project area. 4. Geologic Assessment(provided by SWCA Environmental Consultants) Creek Send Blvd. (a) SWCA will conduct a TCEQ Geologic Assessment for the proposed Sam Bass Road at Turn Lanes Project located in Williamson County, Texas. will Geologicgenerally Assessment tconform to will tlte a"Instructions conducted yta qualified SWCA registered professional geologist a Geologists for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones" as written by the TCEQ(2002).The pedestrian survey will be conducted by walking parallel transects spaced approximately 50 feet apart and s, and will cover the entire project area. Ail potential t bsurface extentarst features �cArGeologding cr Assessment report animal burrows will be carefully examined for evidence of will be prepared and is intended for inclusion in the Water Pollution Abatement Plan(WPAP). C. ROADWAY DESIGN CONTROLS 1. General Plans (a) A project title sheet will be prepared as required for the construction plans. An index of sheets will be included on the title sheet. locatns t a scale of 1`(b) A project layout sheet will be completed and associated control information. T sheet will also inc0 u'dta the h oriat clzoirtal geometric informatindicates ion on for�he project roadways to be included in the construction plan set. 2. Roadway Plans&Geometry (a) Existing typical sections will be completed dectinePrg1eexisting c improvemerts�toi Samo onsoBass Road.f the ctThe design tlie Proposed typical sections will be completed depicting pavement section will be provided by the City of Round Rock. -- (b) A pian and profile sheet will be completed depicting the proposed construction. The plan and profile sheet will be prepared at a scale of 1"=50'H and l"=10'V. (c) The Engineer shall provide a plan sheet of removals at as ccale detail 111=50'. a clarity for a Contiaremoval sheet shall i dicate pavement and other pertinent items to be removed with su 4 of 9 (d) Design cross sections will be completed at 504001 stations and other locations as necessary for the F nd fill quantities determined from the design cross sections will determination of cut and fill quantities. Cut a be shown on the plan/profile sheets. i D. SIGNAL DESIGN&TRAFFIC ANALYSIS s 1. Signal Design The Engineer will develop plans to install new traffic signals at the following locations: (i) Sam Bass Road/Creek Bend Blvd. lvd. — Signal pole foundations, electrical ground boxes, and (ii) Wyoming Springs Dr. / Brightwater Bk conduits were installed at this intersection for a future signal installation as part of an earlier project. The Engineer will develop new traffic signal plans by re-using existing signal infiastructure, to the extent E I possible. (a) The Engineer will conduct field reconnaissance to verify existing conditions at each of the above locations. (b) The signal plans will be prepared at a scale of 1"=40' and will include the following sheets. (i) Existing Conditions sheets will show locations of existing traffic control devices, underground, and overhead utilities at each intersection. (ii) Signal Layout sheets 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.The plans will include ry pedestrian crossing. Due to lateral and vertical clearance audible pedestrian signal head units at eve required from an overhead electric lune (per the State law), the Engineer will coordinate with the City before finalizing locations of signal poles. (iii) Signal Elevation sheets will show placement of signal heads on a mast-arm and vertical clearance required for the mast-arm. (iv) Conduit Chart and Electrical Wiring sheets will show the type and number of electrical wires in each conduit run. A cable termination chart will be prepared to show electrical connections. A new electrical service will be designed to support total electrical load due to the new traffic signal and illumination (LED luminaires)at the intersection. Each electrical service will include two separate circuits for traffic ith the City and local electric service provider to signal and illumination. The Engineer will coordinate w determine location of new electrical service. (v) Phasing & Detection sheets 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 each intersection. (c) The Engineer will use the latest general notes issued by the City and update appropriately as required for traffic signals. (d) The Engineer will update the latest Standard sheets for mast-arm poles and traffic signal pole foundations,and provide other applicable Standards. (e) The Engineer will provide Existing Condition sheets,Signal Layout sheets,and Signal Elevation sheets at the time of a 60%submittal.All sheets and General Notes will be included in 90%submittal. (f) The Engineer will provide a list of applicable special specifications for traffic signals.If needed,the Engineer will develop or modify up to two(2)unique special specifications where an existing statewide specification is unavailable. 2. Traffic Analysis (a) The Engineer will obtain AM and PM peak-period turning movement counts at the intersection of Sam Bass Road/Creek Bend Blvd. (U) Develop a traffic simulation model for the intersection using S}mchro 8. (c) Analyze peak-period operating conditions to determine length of the proposed tune bays on tine eastbound and westbound approaches. 5 of 9 E. DRAINAGE 1. Interior Drainage Design (a) An interior drainage area map will be developed at a scale of 1"=100'. This map will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run-off information from tine calculation sheets. (b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with the City of Round a Manual and shown on the run-off and inlet Rock Drainage Design and Construction Standards Criteri computation sheets in WinStorm format. (c) If necessary, storm sewers will be analyzed and computations will be prepared for the storm sewer design in WinStorm format. (d) A drainage plan and profile sheet will be completed depicting locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. This sheet will be prepared at a scale of 1"=100'. Storm sewer profiles will be prepared at a scale of 1"=100'H and I"=10' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information,and locations and sizes of inlets and junctions. 2. SW31?and Erosion Control (a) Erosion control plans will be prepared for the length of project. Temporary storm water management devices will be needed to minimize the sediment runoff during construction of this project. The anticipated design components to be utilized on this project are silt fence, sand bags, rock filter dams, sediment traps, and construction exits. One temporary erosion control plan sheet will be developed with notes that indicate that the contractor is responsible for phasing the devices along with the construction sequencing. Pernnanent erosion control measures will be included on these sheets as well. (b) A Storm Water Pollution Prevention Plan (SW3P) will be prepared for this.job in accordance with TCEQ regulations. These sheets will consist of the TxDOT SW3P text sheets for erosion control measures. 3. TCEQ Recharge and Transition Zone Exception Request Based on previous similar projects coordinated with TCEQ, it is anticipated that a Recharge and Transition Zone Exception Request will be prepared and submitted to TCEQ to satisfy tine Edwards Aquifer Rules. (a) Project Setup and Data Review Engineer will obtain and review available data on the existing and proposed roadway design. An initial field visit will be conducted to inspect the site and identify and evaluate potential locations for water quality BMPs. (b) Pollutant Removal Calculations and Design of Water Quality BMPs Engineer will perform the required total suspended solids (TSS) pollutant load calculations and coordinate with the WPAP preparer to choose the most appropriate and cost effective permanent BMP for water quality treatment. BMPs will be designed according to the TCEQ's technical guidance manual Complying with the Edwards Aquifer Rules—Technical Guidance on Best Mana ememt Practices(dated April 2009). nt discharges of polluted Tine location of temporary erosion and sedimentation evaconluated to ensure complrols designed to iance with TCEQ Edwards runoff from the project site during construction will be evaluated Aquifer requirements. It is assumed that the designtemporary controls, including an erosion and sedimentation control plan,will be included as part of the SW3P (c) Draft Exception Request Document This task includes the completion of the Recharge and Transition Zone Exception Request form for submittal to TCEQ including the following: (i) Recharge and Transition Zone Exception Request Checklist(TCEQ-0628); (ii) Exception Request Narrative(Attachment A); (iii) BMP Design Plan Sheets(Attachment B); (iv) TSS Removal Calculations(Attachment B); (v) Temporary Stormwater Plan(Attachment B); (vi) Application Fee Form(TCEQ-0574) 6 of 9 e t 4 The City will review this draft Exception Request prior to submittal to TCEQ. (d) Exception Request Submittal and TCEQ Coordination review andEngineer will submit the Exception Request to TCEQ Austin Region 11 staff ress any issues that m PP g arise. TCEQ during the review process and add Engineer will coordinate with Engineer will promptly respond to and address any review comments from the TCEQ with the goal of obtaining 'TCEQ approval in a timely manner. Coordination with TCEQ will also be provided during the construction phase of the project in the event that any water quality compliance issues arise. F. MISCELLANEOUS ROADWAY 1. Utility Adjustments (a) The Engineer will utilize subsw•face utility data throughout the design process. A good faith effort will be made to accommodate existing utility locations. Utility conflicts will be identified during the design process ordinate with utility providers on necessary relocations. The to allow for relocation. The Engineer will co Engineer shall include the existing utility information in the plans. 2. Traffic Control Plan (a) The Engineer will prepare I"=400' plan layouts of all advance warning signs for Sam Bass Road and Creek Bend Blvd. (b) A detailed narrative for the sequence of construction and traffic control general notes will be prepared and submitted to the City fou- review and incorporation into the plans. The narrative will include a please-by- roposed activities throughout the construction process. This is phase, step-by-step written account of the p intended to be a narrative account of the activities shown in the traffic control plan layouts. {c) A detailed traffic control plan sheet will be prepared at a scale of 1"-100'. This plan will describe the maintenance of traffic and sequence of work for the proposed construction. Location of work areas,signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during construction.Traffic control typical sections will be prepared for each stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic barriers and pavement markings will also be shown and dimensioned. (d) Au Engineer's opinion of construction schedule will be computed in order to determine an approximate duration for each of the phases of construction. 3. Signing and Pavement Markings (a) A Signing and Pavement marking layout will be prepared at a scale of 1"=50'. This layout will depict striping and delineator type and location. Each sign will have a corresponding number that will relate that sign to the sign summaries. 4. . Quantities Quantities will be tabulated for each of the following and as necessary to bid this project: (a) Traffic control (b) Earthwork (c) Roadway and removal (d) Drainage related items including inlets,manholes and storm sewer pipes (e) Signs and pavement markings (f) Signals and illumination (g) Erosion control and SW31? 5. Summary Sheets Quantities that are calculated will be tabulated on summary sheets for inclusion in the construction plan set: (a) Roadway,earthwork,removal,drainage,and erosion control (b) Traffic control,signs and pavement markings,and signals 7 of 9 4 f } 6. Standards,Specifications and Estimate (a) The Engineer win] download the appropriate City and TxDOT standards for the project 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) A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS&E package. (c) The Engineer will develop the relevant general notes compiled from the City and TxDOT. (d) An opinion of probable construction cost will be prepared at the 30%,90%and prior to final PS&E submittal, z and supplied to the City in Microsoft Excel format. G. BID AND CONSTRUCTION PHASE SERVICES ]. Bid Phase Services(for Sam Bass Road/Creek Bend Road intersection o�rly) m (a) Prepare contract bid docuents, including project management, bid form, specifications, special specifications,and special provisions. (b) Prepare advertisement of the bid, maintenance of a plan holder's list, coordination of the pre-bid conference and bid opening,tabulation of the bids,or award recommendation. 2. Construction Phase Services (a) Attend four(4)meetings or site visits during project construction. (b) Review and approve contractor shop drawings and submittals. (c) Respond to contractor requests for information on roadway and drainage elements. H. DELIVERABLES 1. 30%SUBMITTAL (a) Draft Environmental Due Diligence Report (b) Title Sheet (c) Project Layout (d) Draft Typical Sections (e) Draft P&P Sheet (f) Preliminary cross sections _ (g) Draft drainage area map&runoff talcs (h) Draft TSS talcs (i) Identify potential utility conflicts (j) Preliminary cost estimate 2. interim 30%-90% - (a) Draft TCEQ Exception Request followed by submittal to TCEQ (b) Draft traffic signal layouts 3. 90%SUBMITTAL (a) Final Environmental Due Diligence Report (b) Title Sheet&Index (c) Project Layout (d) Final Typical Sections (e) Final P&P Sheet (f) Removals Sheet (g) Final cross sections (h) Final drainage area map&runoff talcs (i) Drainage P&P 0) Erosion Control Plans (k) SW31?sheets (1) Traffic Control Plans (m) Signing&Striping Layout (n) Final traffic signal plans (o) Quantities&summaries (p) Standards and detail sheets 8 of 9 f (q) General notes (r) Identify final utility relocation needs (s) Updated cost estimate 4. 100%Plans Submittal (a) Address any comments to plan sheets from 90%submittal (b) Draft bid documents(specs,special provisions,notes,bid fortes) (c) Estimated construction time estimate (d) Final cost estimate i 9 of 9 EXHIBIT C Work Schedule Duration Completion Date Milestones Tasks (Days) Notice to Proceed October 2922012 29 November 27,2012 Topograpl,ic/SUE Stirvey 2 30%Plans Submittal 21 December 18,2012 CitReview.of 30%Plans 20 Jammy 7,2013 y Febritaty 4,2013 3 90%Plans Slibinittal. 28 - Februai-y 25,2013 of 90%Plan Cit y Review s 21 4 100% Plans Submittal 18 March 15,2013 t EXHIBIT D Fee Schedule Task KRA CP&Y Wallace SWCA GRAM TASK TOTALS I. PROJECT ADMINISTRATION $ 5,268.74 $ 5,268.74 11.SURVEYING SERVICES $ 9,656.00 $ 9,656.00 ll. PLANS,SPECIFICATIONS&ESTIMATE PS&E $ A.DATA COLLECTION $ 3,468.00 $ 3,468.00 $ 2,993.00 $ 4,363.00 $ 7,356.00 S. ENVIRONMENTAL STUDIES 0 $ 10,658.00 C.ROADWAY DESIGN CONTROLS $ 10,658.0 D.SIGNAL DESIGN&TRAFFIC ANALYSIS $ 38,065.64 $ 300.00 $ 38,365.64 $ 13,921.00 $ 13,921.00 E.DRAINAGE F.MISCELLANEOUS ROADWAY $ 13,614.00 $ 13,614.00 G.BID AND CONSTRUCTION PHASE SERVICES $ 4,735.26 $ 7,201.00 $ 11,936.26 CONSULTANTS SUBTOTAL $ 48,069.64 $ 51,855.00 $ 9,656.00 $ 4,363.00 $ 300.00 EXPENSES $ 1,500.00 $ 800.00 $ 2,300.00 TOTAL $ 49,569.64 $ 52,655.00 $ 9,656.00 $ 4,363.00 $ 300.00 $ 116,543.64 F q AC40RE) CERTIFICATE OF LIABILITY INSURANCE DATE(MIUDD"rY,lYi Y 11/10/2011 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 HAMME CT Jerry tl0y01a j Grayling Insurance Brokerage PHONE (770)552-4225 No.(866)550-4082 450 Northridge Parkway ADDRESS,jerry.noyola@gxeyling.com Suite 102 INSURERS AFFORDING COVERAGE NAIC 9 Atlanta GA 30350 INSURERA:Travelers Property Casualty 5674 INSURED INSURERB:Travelers Indemnity Company 5682 Kimley-Horn and Associates, Inc. INSURERC:Lexin ton Insurance Company 19437 P.O. BOX 33068 INSURERD: INSURER E. Raleigh NC 27636 INSURERF: COVERAGES CERTIFICATE NUMBER:11-12 (Kimley Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSTYPE OF W SURANCE DD R POLICY EFF POLICY EXP LTR 5 0 I POLICYNUMBER (MMMPNYM AlMIOD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY tAISETO R REO EhIISES Ea wourrencel $ X,000,000 A CWMS-MAD �OCCUR —630-8193B99A—TIL—il 2/1/2011 2/1/2012 MED EXP Any one person) S 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-CO\tPX)PAGO S 1,000,000 POLICYX PRO• X LOC $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT 1 000 000 IxANY AUTO BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED —810-5724B497—TCT-11 2/1/2011 2/1/2012 BODILYINJURY(Peraccldent) $ AUTOS AUTOS HIRED AUTOS X AUTOSlNED PROPIA4AUIG£Underinsured motorist BI s Sl $ UMBRELLA LtAB X OCCUR EACHOCCURRERCE $ 5,000,000 A EXCESS LIAB CLAMIS-MADE AGGREGATE $ 5,000,000 DEO I X I RETENTIONS 10,00 SH-CUP-8193B99A-TIL-11 2/1/2011 2/1/2012 $ A WORKERS COMPENSATIONX 1YCSTATU- OTH• AND EMPLOYERS'LIANILITY YINER ANY PROPRIETOR/PARTNER/EXECUnVE E.L.EACH ACCIDENT $ 500,000 OFFICERI M90BER EXCLUDED? TO N I A (M [J—UB-8193B99-A-11 2/1/2011 2/1/2012 E.L. EA DISEASE $ 500 000 DyyaeendatoryInNH)ESCRIPTION OF OPERATIONS belmv E.L.DISEASE-POLICY LiMff $ 500,000 C Professional Liability 016017332 & 001162363 2/1/2011 2/1/2012 Per Claim $4,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORO 101,Additional Remarks Schedule,It more space is regaired) Re: For All Projects with the City of Round Rock. The City of Rounfl Rock, TX is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability. This insurance is primary & non-contributory where required by -written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock, TX ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 221 East Main Street AUTHORIZED REPRESEN VE Round Rock, TX 78664 lan Bressierf ACORD 25(2010/05) ©1 88-2110 ACORD CORPORATION. All rights reserved. INSfl2rironlMslnt Thn Ar non eiamc=n,f inn^am ronicfnrn,f mnrorl.oy r npn i City Council Agenda Summary Sheet ROUND ROCK,TEXAS 4 PURPOSE.PASSION.PROSPERITY. a 1 F s Agenda Item No. H13. Consider a resolution authorizing the Mayor to execute a Contract for Engineering # Services with Kimley-Horn and Associates, Inc. for the Sam Bass at Creek Bend { Agenda Caption: Intersection Improvements Project. n' Meeting Date: October 25, 2012 I Department: Transportation s Staff Person making presentation: Gary Hudder Transportation Director Item Summary: This contract is for engineering services for the Sam Bass at Creek Bend Intersection Improvements. The scope of this project is to add turn lanes on Sam Bass Road at Creek Bend Boulevard, and to install new traffic signals at the intersection of Sam Bass Road and Creek Bend Boulevard and the intersection of Wyoming Springs Drive and Brightwater Boulevard. Traffic analysis were conducted and met the criteria under Chapter 4C of the Manual on Uniform Traffic Control Devices (MUTCD). Adding turn lanes on Sam Bass Road will help traffic flow better at its intersection with Creek Bend Boulevard. Cost: $116,543.64 Source of Funds: Type B Corporation Recommended Action: Approval EXECUTED ORIGINAL DOCUMENTS FOLLOW E s J!OUND ROCK,TEXAS POSE.F%SS1011 PROSKRM CITY OT ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES INC. ("Engineer") ADDRESS: 10415 Morado Circle,Bldg I,Suite 300,Austin,TX 78759 PROJECT: Sam Bass at Creek Bend Intersection Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRA "T FOR ENGINEERING SERVICES ("Contract') is made and entered into on this theay of , 2012 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: 05/10 Engineering Services Contract Rev. 0199.1265;00259254 0019928312831 TX05TRFSIG l0-? �l�t� 1 f k 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." vices in accordance with the Work Schedule as Engineer shall perform the Engineering Ser 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 frilly and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 t E (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. t ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as fiill 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 stun of One Hundred Sixteen Five Hundred Forty-Three and 64/100 Dollars ($116,543.64) 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. mit to City monthly progress reports in sufficient detail to support Engineer shall prepare and sub 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 Set-vices 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 fiords; 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: Joe Bledsoe Project Manager Round Rock, TX 78664 Telephone Number(512)218-6603 Fax Number(512)218-5563 Email Address jbledsoe@roundrocktexas.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: Vivek Deshpande,P.E.,PTOE Transportation Engineer 10415 Morado Circle,Bldg I, Suite 300 Austin, TX 78759 Telephone Number(512) 418-4536 Fax Number(512)418-1771 Email Address vivek.deshpande@kimley-horn.corn 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 4 Y j i 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 rmation to that effect. Such thirty-day notice may be waived in writing by followed by written confi 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 ing Services, and/or during periods when Engineering authorized by City for Engineer to begin Engineer 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 E: 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 frill 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 Set-vice") 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 Engineers 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 othertivise 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 rnodifred. ARTICLE 15 PERSONNEL, E UIPMENT AND MATERIAL Engineer shall fiurnish 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 Ci g,shall ievey ty prior to Engineering ngi a rang Services being performed under the subcontract. No subcontract 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 rmed. If any review or evaluation is made on the premises of premises on which it is being perfo 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 planner affecting the performance of this Contract, including without limitation, rninimimi/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 eunder. City is qualified for exemption pursuant to the provisions Engineering Services performed her 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 i 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 constl'r1Ct10I1 phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL t 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 3 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, ing solely for Engineer, to solicit or secure this other than a bona fide employee work Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, e, gifts, or any other consideration, contingent upon or resulting commission, percentage, brokerage fep 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 firll 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, any product, materials or equipment that will be direct or indirect, in the purchase or sale of recommended or required for the construction of the project. t 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 F otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24)hours of receipt, of f, non-renewal, or material change in coverage it receives from its any notices of expiration, cancellation, insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under tivs Contract to maintain during the term of this Contract, at the subconsul#ant's own expense, the same stipulated minimum ired in Article 26, Section (1) above, including the required provisions and additional insurance requ 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 . City shall be entitled, upo requirements among its subconsultantsn 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 shalt be borne solely by Engineer, with certificates of insurance evidencing such minimum tificates of Insurance are evidenced as Exhibit E herein coverage in force to be filed with City. Such Cer 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 i i 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 ounting basis and shall be available to City or its authorized kept on a generally recognized ace 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 i and to: i Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Vivek Deshpande, P.E., PTOE Transportation Engineer 10415 Morado Circle, Bldg I, Suite 300 Austin, TX 78759 k 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 fiiliy E 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 x 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 i i (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 fiirnished by others, or over the contractor(s') methods of determining prices, or ngineer does not guarantee that proposals, bids or over competitive bidding or market conditions, E 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 lie/she has executed this Contract and that lie/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 a 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 faithfiil and full performance of the terms and provisions hereof. s CITY OF OUND ROCK, TEXAS APP ED S TO ORM: By: Alan McGraw, Mayor Stephan . Sheets, City Attorney ATTEST: By: Sara L. White, City Clerk KIMLEY-HORN AND ASSOCIATES, INC. By: W v& 4Sn4ature of Priv pa Printed Name: hOt W, VQh �e��W�N 1S F i LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance i i 3 r S 16 EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: I. Provide any existing data the Owner has on file concerning the project, if available. 2. Assist with the coordination of any required public involvement. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, neighboring Cities and/or other franchise utility companies. 4. Provide existing plans and designs for Sam Bass Road and Creek Bend Boulevard, including pavement section,drainage facilities,and sidewalks. 5. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 6. Meet on an as needed basis to answer questions, provide guidance and offer comment. 7. Provide construction inspection and construction testing services including coordination and scope of services. 8. Review submittals and provide comments. i t 1 EXHIBIT B Engineering Services { SCOPE OF WORK The Engineer will be responsible for the proper,accurate,and adequate design and preparation of plans,specifications, and r construction contract administration support for the Project. The Project other construction contract documents and fo generally includes Plans, Specifications,and Estimate(PS&E) for adding right-turn lanes on the eastbound and westbound approaches on Sam Bass Road at Creek Bend Blvd. and installing a new traffic signal. In addition, the project includes installing a new traffic signal at the intersection of Wyoming Springs Dr.and Brightwater Blvd. The Sam Bass Road at Creek Bend Blvd. Intersection Improvements project will widen Sam Bass Road on the eastbound and westbound approaches to the Creek Bend Blvd. intersection to provide dedicated left and right turn lanes and install a -lane urban roadway on the westbound approach and a two-lane new traffic signal. Currently, Sam Bass Road is a three rural roadway on the eastbound approach. At the intersection of Wyoming Springs Dr.and Brightwater Blvd.,there are existing signal pole foundations,and conduits. al equipment including but not limited to appropriate signal poles, mast-arms, Plaus will be designed to install traffic sign signal heads,electrical wiring,ADA compliant pedestrian ramps,and communication equipment. The Engineer's Services consist of tine services specifically described in Tasks l through III including the specific engineering services to be performed through the following consulting disciplines as subcontractors to the Engineer: 1. CP&Y—Roadway Design,Drainage 2. SWCA Environmental Consultants—Environnientat 3. The Wallace Group—Surveying Services q. GRAM Traffic—Traffic Counts Design services related to the design and plan production for this project will be performed in accordance with the latest t d Construction Standards Criteria Manual and TxDOT manuals available City of Round Rock Transportation Design an frothe design collection located on the TxDOT website. The roadway will be designed based on TxDOT (3R) design m turn lane will be determined as a result of the tragic study performed with this criteria, as applicable. The length of each contract. Plans will be prepared on I 1"xl7"sheets per TxDOT criteria. The development of the project will be consistent with City and TxDOT design procedures and practices. This project will be developed utilizing Microstation V8i and Bentley Geopak V8i. Agency abbreviations are as follows: City of Round Rock (City) p Texas Department of Transportation (TxDOT), Texas Department of Transportation Environmental Division (TxDOT-ENV), Federal Highway Administration (FWHA), Capita! Area Metropolitan Planning egister Organization(CAMPO),Environmental Protection Agency{E A)Agency T c s Historical Texasnission comn commission n)onaEnvi Enal nvironmental of Historical Places (NRNP), Federal Emergency Managementg y Quality(TCEQ). E 3 t 1 of 9 TASK OUTLINE i. PROJECT MANAGEMENT on of services provided Project management spans the entire duration of the project and involves dimonitoring this task are p ojectrcont of and scheduling, to the City to assure timely and efficient completion of the protect. Inc documentation, reporting requirements, staff forums, meetings, and quality control. Project review and project specific ed all Project technical meetings will be conducted under this subtas Unless otherwise Department tr rein,officit i it ssuln itis at for budget ng review meetings will be held at the City of Round Roc purposes that one kickoff meeting,one field review meeting,two PS&E review meetings and one technical meeting will be held relative to the Project. Il. SURVEYING SERVICES A. PROJECT CONTROL SERVICES 1. Attempt to recover and utilize the existing NAD-83/93 (Ho,RNNf VDi88 datum, tum,ect. Texas the c State se tl at the control has System,Texas Central Zone aerial mapping primary cont points been destroyed the Client will be notified immediately. This scope and fee do not include effort to re-establish destroyed control. A Global Positioning System(GPS)and conventional land surveying methods will be used to establish additional project control if needed. These methods will also be used to perform the various tasks of this project. B. DESIGN SERVICES 1. Generate, recover, and/or verify existing horizontal and vertical project primary control at the site, if any, and reconcile the control to known existing intersecting projects. 2. Establish or densify additional secondary control as needed for the project to collect data along the length of the project. 3. Use 5/8" iron rods with distinguishing caps, cotton spindles(paved areas) or other durable entities for the project control as applicable. 4. Perform differential leveling through all of the project control (primary and secondary) to establish or extend vertical control for the project. is not 5. Perform a topographic/design surveywithin t r cadet breaks, The topoculvert rapl /design survey e sizes, ets�and other necessarily limited to: roadway, ditches, major g drainage structures, metal beam guard fence, fences, driveways, mailboxes, traffic and other signs, traffic signal poles,mailbox turnouts,striping,and visible above ground utilities. 6. Survey drainage structures within limits. 7. Process the collected information into a 1 foot contour DTM file. 8. Locate right-of-way monumentation and other evidence t reestablish s othe t to eexisting isti n ed as boundary surveyright-of-way lines for s m Bass Road and intersecting roads within the limits of survey time nor is it considered taxable for the purposes intended at this time. C. UTILITIES 1. Make a"One Call"utility locate request and track responses. The markings will be surveyed and included in the 2D DGN file for the designer's use. 2. The Engineer will contact each utility company and meet with them at the City of Round Rock utility coordination meeting to review their assumed utility locations developed from the SUE process. 2 of 9 D. DELIVERABLES (a) 2D MicroStation V8 planimetric file. (b) 3D MicroStation V8 DTM file including break-lines and 1 foot contours. (e) Geopak V8i DTM (tin)file. (d) ASCII point file. (e) One CD-ROM containing the specified files. (I) PDF file of each Surveyor's project field book. E. ASSUMPTIONS 1. The Engineer shall notify the client prior to performing the work if: (a) Sufficient right-of-way monunnentation cannot be found to re-establish the existing alignments and associated right-of-way lines along the project corridor. (b) Traffic Control cannot be managed by the Surveyor's personnel. (c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control. (d) Existing Project Control cannot be recovered or verified. III. PLANS,SPECIFICATIONS&ESTIMATE A. DATA COLLECTION 1. Coordinate with the City of Round Rock to obtain pertinent project information. 2. Perform field investigations of the project. 4 3. Develop the roadway design criteria to be discussed,revised and approved by the City. This set of criteria will be F based on the City of Round Rock Transportation Design and Construction Standards Criteria Manual and AASHTO Manual. B. ENVIRONMENTAL STUDIES L Habitat Assessment E Review technical databases, technical literature, and governmental publications and databases prior to conducting angered,and candidate plant and animal species in the vicinity of Geld surveys to identify federally threatened,end4 the project area. The habitat assessment includes determining whether suitable habitat exists within and adjacent to the proposed project area, taking representative photographs of the project area,and reporting all findings. All protocols for determining required habitat will be performed for the federally threatened, endangered, and candidate species in Williamson County. Coordination with the U.S. Fish and 1Vildlife Service and the IVilliamsoPr i CouPrty Conservation Fund is Prot included in this scope of ivork if habitat for•federally listed species is identified s 2. U.S.Army Corps of Engineers(USAGE)Permitting I Review available information and conduct field investigations to determine whether the project would affect F of the U.S. (WUS). if it is found that the project would affect WUS, impacts jurisdictional wetlands and waters Clean Water Act by the Fort Worth District of the USAGE. If would be permitted under Section 404 of the necessary, Engineer will conduct a wetland delineation following the 1987 USAGE wetland delineation manual v procedures and the 2008 hnterim Regional Supplement to the USACE delineation manual: Great Plains Region. Once field work has been conducted on the project site,the type of permit required will be determined depending on the area of impacts, if any, to jurisdictional waters and wetlands. Preparation of a Pre-Construction g Notification to the USACE or Individual Permit is not included in this scope of IvOrk r 3 of 9 3. Cultural Resources Investigation(provided by SWCA Environmental Consultants) (a) Cultural Resources Assessment--The assessment will begin with a background archaeological literature and records search of the project area.For this research,an SWCA archaeologist will search site files,records,and maps files housed at the Texas Archaeological Research Laboratory (TARL) and the Texas Historical Commission(THC)Library. Additionally, an SWCA archaeologist will search the Texas Archeological Sites Atlas (Atlas) online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project areas. In addition to identifying previously recorded archeological sites,the Atlas review will include the following types of information: National Register of Historic Places (NRNP) properties, State Archeological Landmarks(SALs), Official Texas Historical Markers (OTHMs),Registered Texas Historic Landmarks(RTHLs),cemeteries,and local neighborhood surveys.This task will allow SWCA to identify any areas within the properties that have potential to contain significant, undocumented archaeological sites. Other critical factors that will be examined include the level of previous disturbances from residential and commercial development, types of soils, and any obvious standing structures which appear on historic USGS topographic maps. With this information, SWCA will be able to evaluate archaeological potential and concerns as well as the probable level of archaeological effort that would be required to obtain compliance with any applicable Federal or State cultural resource regulations. When done,SWCA will prepare a letter report of the assessment.This report will document the methodology used in the investigations,the presence and condition of any previously recorded sites and/or surveys revealed in the literature review, and provide estimates on the level of fixture archaeological work that may be necessary to satisfy potentially applicable State cultural resource laws. SWCA will provide a draft report to the client for review and approval, followed by a final report incorporating all continents and suggestions from the Engineer and the City of Round Rock. The report will be submitted with the SHPO Consultation Request Form in order to provide as much information as possible about the project area. (b) Completion of the Request for SHPO Consultation Form — SWCA will fill out and prepare the necessary supporting documents for the completion and submission of the Request for SHPO Consultation form. This will include a detailed project description and the identification of the Area of Potential Effect(APE).Formal consultation with the SHPO will provide the level of effort(if any) required by the state for archaeological compliance regarding this specific project area. 4. Geologic Assessment(provided by SWCA Environmental Consultants) (a) SWCA will conduct a TCEQ Geologic Assessment for the proposed Sam Bass Road at Creek Bend Blvd. Turn Lanes Project located in Williamson County, Texas. The Geologic Assessment will be conducted by a qualified SWCA registered professional geologist and will generally conform to the "Instructions to Edwards Aquifer Recharge/Transition Zones" as written by the Geologists for Geologic Assessments on the TCEQ(2002).The pedestrian survey will be conducted by walking parallel transects spaced approximately 50 feet apart and will cover the entire project area. All potential karst features, including depressions,holes,and animal burrows will be carefully examined for evidence of subsurface extent. A Geologic Assessment report will be prepared and is intended for inclusion in the Water Pollution Abatement Plan(WPAP). C. ROADWAY DESIGN CONTROLS 1. General Plans (a) A project title sheet will be prepared as required for the consh-urction plans. An index of sheets will be included on the title sheet. (b) A project layout sheet will be completed at a scale of 1"-100' that clearly indicates the benchmark locations eet will also include the horizontal geometric information for the and associated control information. This shj project roadways to be included in the construction plan set. 2. Roadway Plans&Geometry (a) Existing typical sections will be completed depicting the existing conditions of the project roadways. h Proposed typical sections will be completed depicting the improvements to Sam Bass Road. The design pavement section will be provided by the City of Round Rock. t (b) A plan and profile sheet will be completed depicting the proposed construction. The plan and profile sheet will be prepared at a scale of 1"=50' H and 1"=10' V. (c) The Engineer shall provide a plan sheet of removals at a scale of 1"=50'. The removal sheet shall indicate pavement and other pertinent items to be removed with sufficient detail to assure clarity for the Contractor. 4 of 9 I (d) Design cross sections will be completed at 50-foot stations and other locations as necessary for the determination of cut and fill quantities. Cut and fill quantities determined from the design cross sections will be shown on the plan/profile sheets. D. SIGNAL DESIGN&TRAFFIC ANALYSIS 1. Signal Design The Engineer will develop plans to install new traffic signals at the following locations: (i) Sam Bass Road/Creek Bend Blvd. (ii) Wyoming Springs Dr. / Brightwater Blvd. — Signal pole foundations, electrical ground boxes, and conduits were installed at this intersection for a future signal installation as part of an earlier project. The Engineer will develop new traffic signal plans by re-using existing signal infrastructure, to the extent possible. F (a) The Engineer will conduct field reconnaissance to verify existing conditions at each of the above locations. f (b) The signal plans will be prepared at a scale of 1"=40' and will include the following sheets. (i) Existing Conditions sheets will show locations of existing traffic control devices, underground, and i overhead utilities at each intersection. (ii) Signal Layout sheets 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.The plans will include audible pedestrian signal head units at every pedestrian crossing. 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. (iii) Signal Elevation sheets will show placement of signal heads on a mast-arm and vertical clearance required for the mast-arm. (iv) Conduit Chart and Electrical Wiring sheets will show the type and number of electrical wires in each b. conduit run. A cable termination chart will be prepared to show electrical connections. A new electrical service will be designed to support total electrical load due to the new traffic signal and illumination i (LED luminaires)at the intersection. Each electrical service will include two separate circuits for traffic signal and illumination. The Engineer will coordinate with the City and local electric service provider to u determine location of new electrical service. (v) Phasing & Detection sheets 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 each intersection. (c) The Engineer will use tine latest general notes issued by the City and update appropriately as required for traffic signals. (d) The Engineer will update the latest Standard sheets for mast-arm poles and traffic signal pole foundations,and provide other applicable Standards. (e) The Engineer will provide Existing Condition sheets,Signal Layout sheets,and Signal Elevation sheets at the time of a 60%submittal.All sheets and General Notes will be included in 90%submittal. (f) The Engineer will provide a list of applicable special specifications for traffic signals.If needed,the Engineer will develop or modify up to two(2)unique special specifications where all existing statewide specification is x unavailable. 2. Traffic Analysis (a) The Engineer will obtain AM and PM peak-period turning movement counts at the intersection of Sam Bass Road/Creek Bend Blvd. (b) Develop a traffic simulation model for the intersection using Synchro 8. (c) Analyze peak-period operating conditions to determine length of the proposed turn bays on the eastbound and westbound approaches. 5 of 9 E. DRAINAGE 1. Interior Drainage Design (a) An interior drainage area map will be developed at a scale of 1"=100'. This map will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run-off information from the calculation sheets. (b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with the City of Round Rock Drainage Design and Construction Standards Criteria Manual and shown on the run-off and inlet computation sheets in WinStorm format. (c) If necessary, storm sewers will be analyzed and computations will be prepared for the storm sewer design in WinStorm format. (d) A drainage plan and profile sheet will be completed depicting locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. This sheet will be prepared at a scale of I"=100'. Storm sewer profiles will be prepared at a scale of l"=100'B and I"=10' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information,and locations and sizes of inlets and junctions. 2. SW3P and Erosion Control (a) Erosion control plans will be prepared for the length of project. Temporary storm water management devices will be needed to minimize the sediment runoff during construction of this project. The anticipated design components to be utilized on this project are silt fence, sand bags, rock filter dams, sediment traps, and construction exits. One temporary erosion control plan sheet will be developed with notes that indicate that the contractor is responsible for phasing the devices along with the construction sequencing. Permanent erosion control measures will be included on these sheets as well. f (b) A Storm Water Pollution Prevention Plan (SW3P) will be prepared for this job in accordance with TCEQ regulations. These sheets will consist of the TxDOT SW3P text sheets for erosion control measures. 3. TCEQ Recharge and Transition Zone Exception Request g Based on previous similar projects coordinated with TCEQ, it is anticipated that a Recharge and Transition Zone Exception Request will be prepared and submitted to TCEQ to satisfy the Edwards Aquifer Rules. (a) Project Setup and Data Review Engineer will obtain and review available data on the existing and proposed roadway design. An initial field visit will be conducted to inspect the site and identify and evaluate potential locations for water quality BMPs. r (b) Pollutant Removal Calculations and Design of Water Quality BMPs j i Engineer will perform the required total suspended solids (TSS) pollutant load calculations and coordinate a with the WPAP preparer to choose the most appropriate and cost effective permanent BMP for water quality treatment. BMPs will be designed according to the TCEQ's technical guidance manual Complying with the Edwards Aquifer Rules Technical Guidance on Best Management Practices(dated April 2009). The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted runoff from the project site during construction will be evaluated to ensure compliance with TCEQ Edwards Aquifer requirements. It is assumed that the design of temporary controls, including an erosion and 7 sedimentation control plan,will be included as part of the SW3P. (c) Draft Exception Request Document This task includes the completion of the Recharge and Transition Zone Exception Request form for submittal to TCEQ including the following: (i) Recharge and Transition Zone Exception Request Checklist(TCEQ-0628); (ii) Exception Request Narrative(Attachment A); (iii) BMP Design Plan Sheets(Attachment B); (iv) TSS Removal Calculations(Attachment B); (v) Temporary Stormwater Plan(Attachment B); (vi) Application Fee Form(TCEQ-0574) 6 of 9 The City will review this draft Exception Request prior to submittal to TCEQ. (d) Exception Request Submittal and TCEQ Coordination Engineer will submit the Exception Request to TCEQ Austin Region ll staff for review and approval. Engineer will coordinate with TCEQ during the review process and address any issues that may arise. Engineer will promptly respond to and address any review comments from the TCEQ with the goal of obtaining TCEQ approval in a timely manner. Coordination with TCEQ will also be provided during the construction phase of the project in the event that any water quality compliance issues arise. F. MISCELLANEOUS ROADWAY 1. Utility Adjustments (a) The Engineer will utilize subsurface utility data throughout the design process. A good faith effort will be } made to accommodate existing utility locations. Utility conflicts will be identified during the design process to allow for relocation. The Engineer will coordinate with utility providers on necessary relocations. The Engineer shall include the existing utility information in the plans. 2. Traffic Control Plan (a) The Engineer will prepare i"=400' pian layouts of all advance warning signs for Sam Bass Road and Creek Bend Blvd. (b) A detailed narrative for the sequence of construction and traffic control general notes will be prepared and submitted to the City for review and incorporation into the plans. The narrative will include a please-by- phase, step-by-step written account of the proposed activities throughout the construction process. This is intended to be a narrative account of the activities shown in the traffic control plan layouts. (c) A detailed traffic control plan sheet will be prepared at a scale of 1"=100'. This plan will describe the maintenance of traffic and sequence of work for the proposed construction. Location of work areas, signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during construction. Traffic control typical sections will be prepared for each stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic barriers and pavement markings will also be shown and dimensioned. (d) An Engineer's opinion of construction schedule will be computed in order to determine an approximate duration for each of the phases of construction. 3. Signing and Pavement Markings (a) A Signing and Pavement marking layout will be prepared at a scale of 1"=50'. This layout will depict striping and delineator type and location. Each sign will have a corresponding number that will relate that sign to tine sign summaries. 4. Quantities Quantities will be tabulated for each of the following and as necessary to bid this project: (a) Traffic control (b) Earthwork (c) Roadway and removal (d) Drainage related items including inlets,manholes and storm sewer pipes (e) Signs and pavement markings (f) Signals and illumination (g) Erosion control and SW31? 5. Summary Sheets Quantities that are calculated will be tabulated on summary sheets for inclusion in the construction plan set: (a) Roadway,earthwork,removal,drainage,and erosion control (b) Traffic control,signs and pavement markings,and signals 7 of 9 6. Standards,Specifications and Estimate (a) The Engineer will download the appropriate City and TxDOT standards for the project 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) A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS&E package. (c) The Engineer will develop the relevant general notes compiled from the City and TxDOT. (d) An opinion of probable construction cost will be prepared at the 30%,90%and prior to final PS&E submittal, and supplied to the City in Microsoft Excel format. G. BID AND CONSTRUCTION PHASE SERVICES I. Bid Phase Services(for Saar Bass Road/Creek Beard Road intersection 0111)) (a) Prepare contract bid documents, including project management, bid form, specifications, special specifications,and special provisions. (b) Prepare advertisement of the bid, maintenance of a plan holder's list, coordination of the pre-bid conference and bid opening,tabulation of the bids,or award recommendation. 2. Construction Phase Services (a) Attend four(4)meetings or site visits during project construction. (b) Review and approve contractor shop drawings and submittals. (c) Respond to contractor requests for information on roadway and drainage elements. f H. DELIVERABLES 1. 30%SUBMITTAL (a) Draft Environmental Due Diligence Report (b) Title Sheet I (c) Project Layout (d) Draft Typical Sections (e) Draft P&P Sheet (f) Preliminary cross sections (g) Draft drainage area map&runoff talcs t (h) Draft TSS talcs (i) Identify potential utility conflicts (j) Preliminary cost estimate 2. Interim 30%-90% (a) Draft TCEQ Exception Request followed by submittal to TCEQ (b) Draft traffic signal layouts 3. 90%SUBMITTAL (a) Final Environmental Due Diligence Report (b) Title Sheet&Index (c) Project Layout (d) Final Typical Sections (e) Final P&P Sheet (f) Removals Sheet (g) Fbnal cross sections (h) Final drainage area map&runoff talcs (i) Drainage P&P (j) Erosion Control Plans (k) SW3P sheets (1) Traffic Control Plans (m) Signing&Striping Layout (n) Final traffic signal plans (o) Quantities&summaries (p) Standards and detail sheets 8 of 9 (q) General notes (r) Identify final utility relocation needs (s) Updated cost estimate 4. 100%Plans Submittal (a) Address any continents to plan sheets from 90%submittal (b) Draft bid documents(specs,special provisions,notes,bid forms) (c) Estimated construction time estimate (d) Final cost estimate i { i t 9 of 9 EXHIBIT C Work Schedule Duration Milestones Tasks Days Completion Date Notice to Proceed October 29,2012 1 To o ra lik/SUE Surve 29 November 27,2012 2 30%Plans Submittal 21 December 18, 2012 City Review of 30% Plans 20 Jamiary 7,2013 3 90%Plans Submittal 28 February 4,2013 City Review of 90% Plans 21 February 25,2013 4 100% Plans Submittal 18 March 15, 2013 EXHIBIT D Fee Schedule Task KRA CP&Y Wallace SWCA GRAM TASK TOTALS I. PROJECT ADMINISTRATION $ 5,268.74 $ 5,268.74 II.SURVEYING SERVICES $ 9,656.00 $ 9,656.00 Il.PLANS,SPECIFICATIONS&ESTIMATE PS&E $ A.DATA COLLECTION $ 3,468.00 $ 3,468.00 B, ENVIRONMENTAL STUDIES $ 2,993.00 $ 4,363.00 $ 7,356.00 C.ROADWAY DESIGN CONTROLS $ 10,658.00 $ 10,658.00 D.SIGNAL DESIGN&TRAFFIC ANALYSIS $ 38,065.64 $ 300.00 $ 38,365.64 E. DRAINAGE $ 13,921.00 $ 13,921.00 F. MISCELLANEOUS ROADWAY $ 13,614.00 $ 13,614.00 G.BID AND CONSTRUCTION PHASE SERVICES $ 4,735.26 $ 7,201.00 $ 11,936.26 CONSULTANTS SUBTOTAL $ 48,069.64 $ 51,855.00 $ 9,656.00 $ 4,363.00 $ 300.00 EXPENSES $ 1,500.00 $ 800.00 $ 2,300.00 TOTAL $ 49,569.64 1 $ 52,655.00 1 $ 9,656.00 1 $ 4,363.001 $ 300.001 $ 116,543.64 EXHIBIT E Certificates of Insurance Attached Behind This Page i i } CERTIFICATEDATE(MMIDD OF LIABILITY INSURANCE "Y"Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1S BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHO I 1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hotder Is an ADDITIONAL INSURED,the policy(fes)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 NAME,OT Jerry Noyola Grayling Insurance Brokerage PHONE (AIC me 770)552-4225 FAx 450 Northridge Parkway .MAIL (e66}550-40e2 Suite 102 jerry.noyola8greyling.com Atlanta GA 30350 INSURE 3 AFFORDINGCOVERAGE NAtCtf INSURED INSURERA:Travelers PropertV CasualtV 25674 WsuRERe.-Travelers Indemnity Company 5682 Kimley-Horn and Associates, Inc. INSURER C Lexin ton Insurance Company P.O. Box 3306819437 INSURER D' INSURERE: ,Raleigh NC 27636 INSURER F: COVERAGES CERTIFICATE NUMBER:11-12 (Kimley Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN AIAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFWSURANCE g POLICY NUMBER M DYE F POLICY EXP LIMITSGENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY .PREL I S Ea $ 1,000,000 A CLAIMS1aDE OCCUR -630-8193899A-TIL-11 2/1/2011 2/1/2012 MED EJQ'An Y Ana Parson) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 11000,000 POLICY fX PRO- X LOC S AUTOMOBILE 7oNOBILE LIABILITY EaMaeolGNdEo SINGLE u I 1,000,000 B ANY AUTO I BODILY INJURY(Per Person) $ AIL OWNED SCHEDULED -810-5724B497-TCT-11 2/1/2011 2/1/2012 { H,J r N AUTOS BODILY INJURY(Peraoddent) $ X HIRED AUTOS X AIfTOS PPROPERTY E $ X UMBRELLA X Undes�redrmtodst81s t $ OCCUR A. A EXCESS UAB CLAIMS-IAADE EACH OCCURRENCE $ 5,000,000 AGGREGATE DEO X RETENTION 10,00 SM-CUP-8193B99A-TIL-11 2/1/2011 2/1/2012 $ 5,000,000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y 1 N 1YC STATII OTH- X ANY PROPRIETOR/PARTNER/EXECUTIVE I ER - OFFICER/MEMBER EXCLUDED? a NIA E.L EACH ACCIDENT $ 500,00 0 K �LwwierN J-UB-8193899^A-il 2/1/2011 2/1/2012 E.LDISEASE-EAERWLOYE' $ 500 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMB $ 500,000 C Professional Liability 026017332 4V 001162363 2/1/2011 2/1/2012 per UWM $4,000,000 Aggregate $4,000,000 Y DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mors space Is re uired) 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 & professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock, TX ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 221 East Main Street AUTHORIZED REPRESEN VE Round Rock, TX 78664 y ACORD 25(2010105) lan Bressle ©1 88-2 10 ACORD CORPORATION. All rights reserved. INRn25i2n1Mslm Thn Arnon inamA And Inn^ArA raniefnrorl mar of a npn