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R-14-02-13-H6 - 2/13/2014RESOLUTION NO. R -14-02-13-H6 WHEREAS, the City of Round Rock desires to retain engineering services for the Heritage Trail - West Project; and WHEREAS, Baker-Aicklen & Associates, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with Baker-Aicklen & 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 Baker-Aicklen & Associates, Inc. for the Heritage Trail - West Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of February, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: gigtvt- RAV4- SARA L. WHITE, City Clerk 0112 1404, 00291483 ROUND ROCK, TEXAS PURPOSE P4SSIOM PROSPERITY EXHIBIT „A„ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Engineer") ADDRESS: 507 W. Liberty Avenue, Round Rock, TX 78664 PROJECT: Heritage Trail - West THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.1410; 00290752 1 Rev. 04/13 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer niay submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in. accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish alt Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Six Hundred Forty -Four Thousand Nine Hundred Twenty and No/100 Dollars ($644,920.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (I) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Govermnent Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Assistant Director 301 W. Bagdad Street, Suite 250 Round Rock, TX 78664 Telephone Number (512) 341-3345 Fax Number (512) 218-5548 Email Address dbuzzell@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: Brian Binkowski/Brandon Hay Assistant Director / Project Manager 507 W. Liberty Avenue Round Rock, TX 78664 Telephone Number (512) 244-9620 Fax Number (512) 244-9623 Email Address bbinkowski@baker-aicklen.com Email Address bhay@baker-aicklen.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making. that change and shall be appropriately narked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable thein to perforin the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative .issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Brian Binkowski/Brandon Hay Assistant Director / Project Manager 507 W. Liberty Avenue Round Rock, TX 78664 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terns are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. • IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk BAKER-AICKLEN & ASSOCIATES, INC. By: Signature of Principal Printed Name: 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services A1.0 Design Studies and Design Criteria • As -built plans for existing facilities adjacent to this project, if available. • Existing geotechnical reports and data for existing facilities adjacent to this project, if available. • Utility information (plans, maps, etc.) both current and archived within the City of Round Rock, if available. A2.0 Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meetings A3.0 Field Surveying and Photogrammetry Provide all available survey and photogrammetry information to date. A4.0 Drainage • Provide available information and studies on existing drainage areas. • Provide hydraulic design criteria for project design. • Provide standard details and specifications as necessary to assist design consultant. A5.0 Miscellaneous • Provide direction necessary for aesthetic treatment of existing and proposed structures, amenities and landscaping. • Provide copies of all licensing agreements, utility agreements and other legal instruments related to the project. • Prepare and coordinate any required Licensing and/or Utility Agreements. • Pay all filing; permit review, application and inspection fees. • Provide any other pertinent information to assist design consultant. • Acquire right -of -entry on any property not owned by the City should it be determined necessary to complete the scope of work identified within this agreement. • It is the City's responsibility to facilitate and coordinate with private property owners, if deemed necessary. EXHIBIT B Engineeting Services The purpose of the services proposed herein is to provide professional consulting services consisting of but not limited to landscape architecture, civil and structural engineering, MEP engineering and architecture necessary for the development of the Heritage Trail West Project. The project encompasses the corridor from just west of the Bathing Beach Park to the Mays Street Bridge; refer Project Scope Map located at the end of Exhibit -B. The Consultant intends to work in effective cooperation with the City, Texas Commission on Environmental Quality (TCEQ), THC, TxDOT, Georgetown Railroad and other regulatory entities to achieve an efficient and acceptable implementation of the project. Program Consultant shall provide services, as later described for the following general program elements. • Bathing Beach Park (per approved Master Plan dated 7/9/2013) • Chisholm Trail Crossing Park • The Brushy Creek pedestrian bridge/gateway at Chisholm Trail Road - existing abutments to be used contingent upon structural evaluation. New abutments may be required. Pre-engineered bridges to be used. • 1-35 underpass beautification • Timeline site furnishings and signage • Memorial Park playground • Interpretive portals • to' wide regional trail • Canoe/kayak Launch station • Environmental awareness station • Miscellaneous sidewalks • Baseball Field, RestroomlConcession building , Fencing, dugout improvements and associated on-site utility improvements • Fence and overhead protection at bluff from school ball field • Overlooks at bluff • Plan for future trail underpass of Mays Street bridge • (2o) art /mural concepts to direct artists (includes 1 revision each) • Lighting design • Landscape and irrigation design • ADA improvements to existing park elements to bring into compliance Development Budget Goal A proposed development budget goal for all park program items indicated and professional services is generally established at s6.5 million dollars by the City. Consultant does not guarantee that proposals, bids, or actual Project construction costs may not vary from its opinion of probable construction costs (OPCC). Given the above stated general project information Consultant will provide the following scope of basic services per task listed once the City has issued an executed agreement. BASIC SERVICES The proposed basic services, which are outlined below, shall include project management 'coordination, data collectionlsite assessment, programming schematic design, design development, construction documents, regulatory entitlement l permitting, bidding assistance and construction phase services, project design survey, environmental services, geotechnical services. 1 TASK 1: PROJECT MANAGEMENT 1 COORDINATION (BILLING GROUP 21) This task will include the following activities: • Coordinate a kick-off meeting with the design team and City to identify project goals, schedules and projected milestones from schematic design through construction. • Provide overall project management services including budget control, schedule control, project coordination, resource allocation, sub -consultant management and coordination and preparation & processing of invoices. • Ensure timely delivery of all deliverables including electronic files, and hard copies of all pertinent information, all in American Standard System of Measure format. • Perform Quality Control I Quality Assurance reviews. • Attend team site visit/meetings, City Council presentation(2 meetings), Historic Preservation Commission presentation (i meeting) and pre -development meeting (i meeting) • Attend 6o% Development Services Office (D.S.O.) submittal review meetings and coordinate comment responses and approvals with design team (i meeting). • Attend 9o% D.S.O. submittal review meetings and coordinate comment responses and approvals with design team. (i meeting). • Attend ioo°% D.S.O. submittal review meetings and coordinate comment responses and approvals with design team. (i meeting). • Assist City in filing the appropriate plans, documents and reports with jurisdictional and regulatory agencies. Submittal may include but not be limited to: the City Planning Development Services Office, THC, TCEQ, TDLR, Georgetown Railroad and TxDOT. • Review all modifications and comments requested by jurisdictional and regulatory agencies with the City. • Coordinate and oversee revisions to drawings and assist City in submitting final documents to the appropriate agency(s) for final processing, approvals and permits. *All filing, permit review, application and inspection fees to be paid by the City of Round Rock or billed as reimbursables. *Deliverable quantities for permitting to be determined by City; plans, specification, reports, etc. to be billed as reimbursable expenses. TASK 2: DATA COLLECTION 1 RESEARCH 1 SITE ASSESSMENT (BILLING GROUP 22) Data Collection Consultant's team shall define site information required to adequately accomplish the scope of services defined in this agreement. Consultant shall consolidate existing information into an overall base map to be used throughout the design process. Base map information may include, but is not limited to: Current City and/or State ARC/GIS/AutoCAD data sets available for the entire project area. Infrared/Aerial photography of entire project. • Current FEMA Flood Plain and TCEQ Aquifer data of entire project area. • Construction and as -built plans (AutoCAD format if available) for existing infrastructure related to or affected by this project. Existing regional topographic surveys. Tax map or other resource information to identify affected property owners. Research Consultant's team will research the history of the City of Round Rock to identify key events to highlight along the Heritage Trail. It is the understanding of the Consultants that the time period for the West phase of the project spans from the mid i800's to the 198o's. • Meet with the Historical Preservation Commission, Texas Historical Commission and Williamson County Museum to garner historical data. Reference publications of local history for use in programming and site design. 2 Site Assessment Coordination a preliminary site assessment with design team and City that may include but is not limited to: • Walking the proposed park project and creating a digital photographic inventory of each area being developed so to provide as a resource of possible existing conditions, as well as serve as a visual reference. • Identify and address opportunities and constraints • Identify potential sensitive and protected environmental features. • Initiate habitat assessment and geologic assessment. • Initiate tree, topographic and existing conditions survey services to adequately accomplish the design of the Project. • Initiate geotechnical testing and reporting as required for bridges, parking, trail pavement, structural retaining walls and structural slab designs. TASK 3: PROGRAMMING 1 SCHEMATIC DESIGN (BILLING GROUP 23) Consultant shall prepare schematic design drawings defining the general concept of design and development a budgetary opinion of probable construction costs (OPCC) based upon the concept. The schematic design phase will be based on the approved park master plan for the Bathing Beach project and approved Heritage Trail Master Plan and program elements previously identified herein and will be conceptual in nature so to affix the design character and image of the Project. This process shall include: • Review of project goals, objectives, and budget with design team and Client. • Determine project time -line and tentative delivery schedule. • Identify and meet with user groups, representatives and other stakeholders. • Prepare (i) illustrative schematic site plan and (6-io) sketches for park improvements. The drawings will refine the general character, layout and essentials of the project. • Review schematic drawings with Client and stakeholders. • Provide (i) revision to schematic drawings based on review comments and generate a budgetary OPCC including appropriate escalation factors and contingencies. • Review final schematic drawings and OPCC with Client. • Present schematic design and OPCC to City Council and Heritage Preservation Commission (one meeting) for approval to proceed with Design Development. The presentation will be in power point format. • Attend public meeting to present schematic design. Schematic design and graphics will be printed and mounted on boards for public viewing. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. TASK 4: DESIGN DEVELOPMENT (BILLING GROUP 24) Upon Client's authorization to commence with design development, Consultant shall prepare design development drawings and a preliminary opinion of probable construction costs (OPCC). The design development plans will further define the character and essentials of the project concept, including description of materials. This process shall include: • Conduct preliminary meeting(s) and/or research with regulatory entities to determine permit requirements including Pre -development meeting with City Planning Development Services Office and Floodplain Administrator. • Prepare preliminary design development drawings and updated OPCC including appropriate escalation factors and contingencies. Design will utilize existing conditions survey for defined project limits. 3 Review preliminary design development drawings with Client. Provide (i) revision to design development drawings and updated OPCC including appropriate escalation factors and contingencies. • Review final design development drawings and OPCC with Client. Preliminary floodplain 1 drainage investigation necessary to assess required design response. The investigation will include a basic study and assessment of existing floodplain and drainage information to evaluate the potential impacts of the project. • Present design development drawings and OPCC to City Council (one meeting) and Heritage Preservation Commission (one meeting) for approval to proceed with Construction Documentation. Presentation will consist of (i) refined illustrative site plan and (6-ro) illustrative graphics for park improvements. The presentation will be in power point format. • Attend public meeting to present illustrative site plan and graphics.. Graphics will be printed and mounted on boards for public viewing. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. TASK 5: CONSTRUCTION DOCUMENTS (BILLING GROUP 25) Upon City's approval of the Design Development drawings and OPCC, the Consultant will develop working/construction drawings and technical specifications necessary to construct the work. Construction drawings may include, but not be limited to the following information: general construction and project specific notes, utilities, grading, drainage, dimension control/layout, erosion/sedimentation/tree protection, site construction details, architectural, structural and mechanical, electrical, plumbing, irrigation plans, and details. Consultant shall compliment drawings with Contract Documents and Technical Specifications including quantity take -offs, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. Consultant shall coordinate any utility needs and adjustment with the City and utility service provider(s). • Initiate and attend Predevelopment meeting with City Planning Development Services Office and Floodplain Administrator if time has lapsed from initial meeting conducted with Design Development. • Prepare sixty percent (6o%) construction drawings and OPCC including appropriate escalation factors and contingencies. • Review 6o% construction drawings, specifications/project manual and OPCC with City. • Prepare ninety percent (90%) construction drawings, specifications/project manual and OPCC including appropriate escalation factors and contingencies. • Review 9o% construction drawings, specifications/project manual and OPCC with City. • Prepare one hundred percent (roo%) construction drawings, specifications, reports, permit applications and other documents required for permitting and construction; update OPCC including appropriate escalation factors and contingencies. Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. *Deliverable quantities to be determined by City, billed as reimbursable expenses. TASK 6: REGULATORY ENTITLEMENT I PERMITTING (BILLING GROUP 26) 6.i Texas Commission on Environmental Quality: Water Pollution Abatement Plan (WPAP) Consultant shall provide the following services: Prepare a WPAP to reflect the proposed improvements for the park. Review and incorporate Geological Assessment / Karst Survey within application. Meet with TCEQ to review application and address any comments required for approval/permitting. 4 *A11 required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.2 Texas Department of Transportation: Parlc within I-35 R.O.W. Consultant shall provide the following services: Prepare exhibits showing proposed improvements within R.O.W. Review and discuss with TxDOT District Office. Prepare and submit permit application(s) as required. Meet with TxDOT to review application and address any comments required for approval/permitting. *A11 required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.3 Texas Department of Licensing and Regulations: Texas Accessibility Standards (TAS) Compliance Consultant shall register the project with the TDLR, submit plans and address any comments as required for conditional plan approval to secure compliance with the Texas Accessibility Standards and American with Disabilities Act. TDLR inspection for compliance with TAS will be required upon completion of project construction. 'AI1 required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.4 City of Round Rock: Site Development and Building Permit Consultant shall follow all required development permit processes within the City of Round Rock Development Services Office. Consultant shall establish a pre -development meeting and provide all documents necessary to secure approvals and permitting. Consultant shall provide the following services: Establish and attend required meetings with the City departments as required. Prepare necessary plans and application(s) for proposed park project improvements. Review and address any comments required for approval and permitting. *It is assumed all required fees for review and processing will be waived. However, any fees that may be associated with permitting and/or inspections will be the responsibility of the City of Round Rock. 6.5 Georgetown Railroad: Construction Permit Consultant shall provide the following services: • Prepare exhibits showing proposed improvements within R.O.W. Review and discuss with Georgetown Railroad. Prepare and submit permit application(s) as required. Meet with Georgetown Railroad to review application and address any comments required for approval/permitting. *AII required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. TASK 7: BIDDING ASSISTANCE (BILLING GROUP 27) Consultant shall assist City during the bidding process. This task will include the following services: • Coordinate the schedule for bid advertising, pre-bid conference, and bid opening. • Prepare and organize bid solicitation and proposal forms consistent with the City's requirements. • Arrange for printing and distribution of the bid documents. • Conduct pre-bid conference. • Address contractor RFI's, prepare and issue addenda as required. • Attend the bid opening, review/evaluate bids including alternates and formulate bid tabulation. • Provide written recommendation to City. • Once approved by City Staff, attend City Council meeting for award of construction contract. • Assist with issuance of the Notice of Award and construction contract documents/agreement. 5 TASK 8: CONSTRUCTION PHASE SERVICES (BILLING GROUP 28) Consultant shall assist City during the construction process. Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and Consultant shall not be responsible for the contractor's errors or omissions or failure to carry out the work in accordance with the contact documents. City will provide and pay for construction inspection and materials testing services. The construction phase process shall include: • Assist City with Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds and insurance from the contractor. Conduct and oversee a pre -construction meeting. Constructions observation — preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals, samples and mock-ups (as required). • Conduct and oversee bi-monthly progress meetings. Estimate construction time 12 months. Review and approve contractor's monthly Application and Certification for Payment. • Coordinate final inspection(s) and walk-thru for substantiae completion; issue punch list and letter of substantial completion for incomplete items including time for completion. • Coordinate and attend final inspection, including. TAS inspections. • Conduct final inspection for acceptance of project and issue letter of concurrence. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents from contractor required to close-out project. Review and approve contractor's final Application(s) for Payment including retainage. *Field changes, change directives, change orders or any other changes during construction of the Project initiated by the City, without prior written consent of the Consultant, shall indemnify and hold harmless Consultant and its sub -consultants from all claims, any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from such changes. TASK 9: PROJECT DESIGN SURVEY (BILLING GROUP 29) Consultant will include the following services: • Conduct preliminary survey meeting with design team and City staff to confirm limits of survey work. Conduct horizontal and vertical control survey on State Plane Grid and North American Vertical Datum of 1988, NAVD88 • A topographic survey with one -foot contours, location of above -ground and visible improvements, and location of hardwood trees 4" and up for approximately 14 acres within the project limits. On the east side of the project limits survey approximately 3o -foot wide portion between the top of the bluff and the fence. Elevations below the water surface along the south side of the creek, east of the low water bridge for N. Lee Street and Summit Street to 250 feet east of the low water bridge. The location of the hardwood trees 3" and up within Memorial Park. • The location and elevation of the three (3) existing stone piers along Chisholm Trail Road The location the wagon ruts in the rock. • The location and elevations for the piers, columns, and abutments for all Interstate Highway 35 bridges. • The graphical location of the property lines within the limits of the survey. • Six (6) benchmarks along the survey limits. TASK 10: ENVIRONMENTAL SERVICES (BILLING GROUP 30) Consultant shall perform a Geologic Assessment, Karst & Salamander Habitat Assessment. The scope of work efforts proposed herein will include assessment of the potential for sensitive and protected environmental features on the park property. Environmental services will include: 6 • Geologic Assessment - baseline survey required for TCEQ Water Pollution Abatement Plan. • Karst & Salamander Habitat Assessment - required by TCEQ as result of Geologic Assessment. *Service does not include cost of karst feature excavation, cave mapping, bug surveys, etc. which may be required to be enrolled in the Williamson County RHCP and/or consultation with US Fish and Wildlife Service if features are present. In the event that additional services are determined necessary upon completion of the initial resource assessments and as indicated, such as client -requested meetings, labor-intensive excavation, biological sampling, development of conservation areas, plans for significant features, surveying down -gradient or adjacent properties, or coordination with federal, state, or local regulatory agencies, a separate proposal and estimated cost for the additional work efforts will be provided as additional services. TASK 11: GEOTECHNICAL SERVICES (BILLING GROUP 31) 11.1 Geotechnical Investigation Consultant shall perform geotechnical investigation as necessary for foundation design and construction recommendations for structures and pavement design recommendations. The scope of work efforts proposed herein will include identification of location(s), investigative drill testing, sampling and assessment and analysis of the potential for subgrade structural needs as necessary to ensure proper design for elements within the park. Based on the general program elements for the park, the following bores will be provided: buildings (3), parking areas (4), trails (8), and abutments (5). The geotechnical report shall include but not be limited to general site conditions, bore location plan, recommended foundation type for building structures including bearing pressures and elevations, flexible and rigid pavement thickness design recommendations and general pavement and earth work requirements. 11.2 Existing Abutment Evaluation Consultant shall perform an evaluation of existing bridge abutments utilizing ground penetration radar to locate spacing of steel in the existing structures. Concrete coring and compressive strength testing will also be provided at 9 locations (3 per abutment). **Opinion of Probable Construction Costs (OPCC) Disclaimer Opinion of probable construction costs provided by the Consultant are based on the Consultant's familiarity with the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. Throughout the design process the Consultant will assist the Client in value engineering the project and making necessary adjustments in an effort to meet the project construction budget. OPTIONAL SERVICES Alternate services are services that maybe necessary as the project progresses and shall only be engaged upon written authorization of the Client. TASK A.1 SHARED -USE PARKING LOT DESIGN (BILLING GROUP 32) The design of a shared -use parking lot at the southwest corner of Emmanuel Road and Chisolm Trail Rd. The parking lot will be designed for one-way circulation and service both the Bathing Beach Park and Daycare facility. Plans, specifications and drainage will be incorporated into the plan set defined under basic services. Bidding assistance and construction phase services also included. TASK A.2 EMMANUEL ROAD DESIGN - REFER ATTACHMENT A.2 (BILLING GROUP 33) The work to be performed under this contract will consist of providing professional engineering services for the development of PS&E to reconstruct Emmanuel Street from Chisholm Trail to Wonder Drive. The work to be 7 performed under this work authorization, in general, will consist of: Project Management, Roadway Design Controls, Drainage Design, Water Quality, SW3P, Signing and Pavement Markings, Traffic Control Plans, Data Collection including Surveying and Geotechnical services, Railroad Crossing Design, Utility Coordination, Bidding Phase Services and Construction Phase Services. TASK A.3 HISTORIC STAGECOACH INN RE-CREATION (BILLING GROUP 34) Design of a new structure that resembles/recreates the Stagecoach Inn at its original form. The building will be an enclosed, conditioned space and contain a shared -use restroom. The estimated square footage is 1,400sf. Plans and specifications will be incorporated into the plan set defined under basic services. Bidding assistance and construction phase services also included. Basic services under this contract, Tasks i-8, assume design of a Stagecoach Inn open-air pavilion structure. ADDITIONAL SERVICES The following services are not included within the scope of basic services. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be performed as Additional Services. Additional Services shall only be provided if previously authorized by the Client. Additional Services may include, but not be limited to, the following: Detailed Flood Plain Analysis CLOMR and/or LOMR • Preparation of Phased bid package(s) with reduced scope of items defined herein, including construction drawings and specifications. • Traffic Impact Analysis. TxDOT roadway modifications. • Traffic Control Plans. • Construction Staking. • Construction Materials Testing. Geotechnical investigation for new bridge piers and abutments not accounted for in basic scope of services. Bridge Design (other than pre-engineered structures). • Hazardous Site Assessments. • Environmental services beyond those described in scope of services. • Archeological Assessment • Land Acquisition services. • Easement acquisition or vacation including preparation of easement documents unless defined within scope of services. • Legal Lot Determinations unless defined within scope of services. • Preparation of multi -use agreement(s) and exhibits. • Assistance or representation in litigation concerning the property of proposed project. • Conflict Resolution. • Preparation and processing of Waivers, Variances or Exceptions. • Services required after final acceptance of construction work. • Permitting through Army Corp of Engineers (USACE). • Revisions to drawings previously approved by the City and regulatory entities due to changes in: Project scope, budget, schedule, unforeseen subsurface construction conditions or when such revisions are inconsistent with written approvals or instructions previously given; enactment or revision codes, laws, or regulations subsequent to the preparation of such documents. Preparation of presentation materials for marketing or purposes other than in -progress approvals. 8 Public or other presentations beyond those described in scope of services. Provide consultation, drawings, reports and other work products related to permits, approvals and ordinances not described in scope of services. Providing professional services for the field selection of plant materials. • Gas, Telephone/Communication design. • Design of utility extension(s) to the project site. • Preparation of record documents from contractors as -built drawings • Providing services other than those outlined in scope of services. • Any services related to ROW acquisition CLARIFICATIONS The following are clarifications regarding scope of basic services: • • • • All application and processing fees are the responsibility of the City. City to supply current Title Commitment or Policies (if applicable). Additional research beyond what is included in the title commitment is not included. Resolution of conflicts not included. Coordination with the utility companies for the design and construction of electric, telephone and gas service will be provided by City. Right -of -Way or easement acquisition will be handled by the City. 9 10 U m 1u x(0 X W II IIIIIIUI1� IP��11� 9i' ■t■S�� 111111111 01 11111 'L11111111111111111111 %MINIM=1111111 1111111111111101 1111 1111111111111111 OE IIIIlHhuIIIHfl01 1 111111E111111111111 O 0 0 0 0 0 CO 01 V v0 Biddinq Assistance (8 weeks_StartIBid Oates to be determined 0 1 Construction Phase Services (Est start dote May 2015 - Final completion Juno 2016) CO Exhibit D Fee Schedule Task Total Labor Hours Total Loaded Labor Cost Other Direct Costs TOTALS Task 1: Project Management I Coordination 104 $16,400.00 $0.00 $16,400.00 Task 2: Data Collection I Site Assessment 82 $10,860.00 $0.00 $10,860.00 Task 3: Programming I Schematic Design 814 $106,750.00 $0.00 $106,750.00 Task4: Design Development 1,096 $136,100.00 $0.00 $136,100.00 Task 5: Construction Documents 1,328 $163,360.00 $0.00 $163,360.00 Task 6: Regulatory Entitlement I Permitting 0 $0.00 $0.00 $0.00 Task 6.1: WPAP (TCEQ) 0 $0.00 $7,500.00 $7,500.00 Task6.2: TxDOT 64 $8,160.00 $0.00 $8,160.00 Task 6.3: TAS (TDLR - Accessibility Compliance) 48 $6,000.00 $0.00 $6,000.00 Task 6.4: Bldg. & Site Permits (DSO Services) 116 $14,920.00 $0.00 $14,920.00 Task 7: Bidding Assistance 195 $26,930.00 $0.00 $26,930.00 Task 8: Construction Phase Services 560 $81,000.00 $0.00 $81,000.00 Task 9: Project Design Survey 0 $0.00 $39,950.00 $39,950.00 Task 10: Environmental Services 0 $0.00 $0.00 $0.00 Task 10.1: Geologic Assessment (required by TCEQ) 0 $0.00 $4,400.00 $4,400.00 Task 10.2: Karst & Salamander Habitat Assessment Letter (required by TCEQ) 0 $0.00 $2,750.00 $2,750.00 Task 11: Geotechnical Services 0 $0.00 $0.00 $0.00 Task 11.1: Geotechnical Investigation 0 $0.00 $13,440.00 $13,440.00 Task 11.2: Existing Abutment Evaluation 0 $0.00 $3,100.00 $3,100.00 Task 12: Reimbursable Expenses 0 $0.00 $3,300.00 $3,300.00 GRAND TOTAL: 4,407 $570,480.00 $74,440.00 $644,920.00 Optional Services Task 1: Shared -Use Parking Lot Design $10,800.00 Task 2: Emmanuel Road Design $159,500.00 Task 3: Historic Stagecoach Inn Re-creation $20,280.00 Hourly Rates Director or Principal Landscape Architect Project Manager Sr. Landscape Architect Landscape Architect Enginer Engineer Designer Architect Construction Manager 175/hr. 160/hr. 110/hr. 150/hr. 110/hr. 150/hr. 170/hr. EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 162272 BAKERAIC ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 USI Southwest 7600-B N. Cap of Tx. Hwy. #200 Austin, Texas 78731 CONTACT NAME: Debi Wylie PHONE (AIC, No, Ext): 512-651-4159 FAX (A/C. No): 512-467-0113 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE MAIC # INSURERA: XL Specialty Insurance Company 37885 INSURED Baker-Aickien & Associates, Inc. 507 W. Liberty Avenue Round Rock, TX 78664 INSURER B : INSURER C EACH OCCURRENCE INSURER D: INSURER E : COMMERCIAL GENERAL L LABILITY INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INR wvo POLICY NUMBER POLICY EFF (MMIDDlYYYY) POLICY EXP (MIAlDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL L LABILITY pREIA ISES (pEa ence) S CLAIMS -MADE OCCUR MED EXP (Any one person) S PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY JE T n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEO 1 RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER Y / N ANY PROPRIETORIPARTNER/EXECUTIVE l OFFICER/MEMBER EXCLUDED? ( N 1 A E.L. EACH ACCIDENT S I (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $ If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab Claims Made Pol DPS9708533 Retro:05/01/81 05/21/2013 05/21/2014 $2,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE Heritage Trail West. This Certificate is issued in respects to above referenced. CERTIFICATE HOLDER CANCELLATION City of Round Rock 301 Bagdad Round Rock, TX 78664 ACORD 25 (2010/05) 1 of 1 #S11569867/M9765631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BYPZP A of CERTIFICATE OF LIABILITY INSURANCE 1/9/2 01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Brookshire Insurance Agency P. O. Box 830 Taylor TX 76574 CONTACT Karen Chandler NAME: fA/CNNo Exn: (512) 365-2291 (Arc. Nol: (888)317-6907 EMAIL ADDRESS: karen.123@brookshireins.com INSURERS) AFFORDING COVERAGE NAIC 4 INSURERA:The Travelers Lloyds Insurance 41262 INSURED Baker-Aicklen & Associates Inc 507 W. Liberty Ave Round Rook TX 78664 INSURERB:The Charter Oak Fire Ins 25615 INsuRERc:The Travelers Indemnity Company 25682 INSURERD:TrumbUll Ins Company/Hartford $ 1,000,000 INSURER E : $ 300,000 INSURER F: $ 5,000 COVERAGES CERTIFICATE NUMBER:CL1332100898 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 HATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POUCY EFF (MMIDD/YYYY1 POLICY EXP (MMIDOIYYYY) LIMITS A GENERAL X LIABIUTY COMMERCIAL GENERAL LIABILITY t'ACP89221.731 3/20/2013 3/20/2014 EACH OCCURRENCE -bAGE $ 1,000,000 TO PEM SES fEaENTED occurrencel $ 300,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE []OCCUR PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY ECT rid IEI LOC n PRODUCTS - COMP/OP AGG 5 2,009,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL MANED AUTOS HIRED AUTOS SCHEMED AUTOS NON -OWNED AUTOS BA8913L193 3/20/2013 3/20/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILYINJURY (Per accident) S PROPERTY DAMAGE !Per accident) 5 $ C X UMBRELLA UAB EXCESSLIAB X OCCUR CLAIMS -MADE XSMCOP8664Y98A 3/20/2013 3/20/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ OED X RETENT ON$ 10,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/FxECLFFIVE YINE.L. OFFICER ,EMBER EXCLUDED? H (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS bear NI A 65WBCAH7209 3/20/2013 3/20/2014 - X ORSTATUS 9N EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT S 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES Attach ACORD 101, Additional Rentarks Schedule, If more space Is required) RE: Heritage Trail West CERTIFICATE HOLDE CANCELLATION City of Round Rock 301 Bagdad Round Rock, TX 78664 SHOULD MW OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORJZEDREPRESENTATIVE R. Brent Kriegel/KDC R.. ..�� ACORD 25 (2010/05) INS025 mmnrxt 01 ©1988-2010 ACORD CORPORATION. All rights reserved. The. ArnR(1 nano anr) Irwin ora ranicfararl markt of ARflPT) ROUND ROCK, TEXAS PURPOSE PASSIM PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: H.6 Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Baker-Aicklen & Associates, Inc. for the Heritage Trail West Project. Type: Resolution Governing Body: City Council Agenda Date: 2/13/2014 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $644,920.00 Indexes: 2014 General Obligation Bonds Attachments: Resolution, ExhibitA Department: Parks and Recreation Department Text of Legislative File 14-1137 This Contract for Engineering Services is for design and engineering services related to the Heritage Trail West Project. The scope of the contract includes landscape architectural, engineering, architectural and survey services from schematic design through construction observation. Additionally, the contract also includes scope for public input meetings; preliminary floodplain investigations; historical element inventory and research; permitting, coordination with TCEQ, TxDOT and Georgetown Railroad, in addition to construction observation services related to the project. The programmatic elements of the project will include historical elements, educational elements, arts and cultural elements, general park elements and elements that encourage community events and development revitalization along the corridor. The Heritage Trail West Project limits are from just west of the Bathing Beach Park to the Mays Street Bridge. Additionally, the project includes Repair and Replacement Program items and ADA upgrades for Memorial Park. The contract cost of $644,920 is approximately 9.9% of the total project budget of $6,500,000. Staff believes the proposed fee is in-line with the project total and scope of services from the consultant. This project is in line with numerous objectives within Strategic Plan Goal 1 -High Value Services, Goal 4 -Sports Capital for Tourism and Residents and Goal 5 -Authentic Downtown. Cost: $644,920.00 Source of Funds: 2014 GO Bonds Approval City of Round Rock Page 1 Printed on 2/13/2014 EXECUTED ORIGINAL DOCUMENT FOLLOW '�RUt1ND ROCK, TEXAS PURPOSE Poa. PROSPERIflL CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: BAKER-AICKLEN & ASSOCIATES, INC. ("Engineer") ADDRESS: 507 W. Liberty Avenue, Round Rock, TX 78664 PROJECT: Heritage Trail - West THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the kel-day of Acirk vvt J , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 04/13 0199.1410; 00290752 00192831 1 R -14-02-13-H6 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled `Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Terin. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Six Hundred Forty -Four Thousand Nine Hundred Twenty and No/100 Dollars ($644,920.00) as shown in Exhibit D. The hump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Assistant Director 301 W. Bagdad Street, Suite 250 Round Rock, TX 78664 Telephone Number (512) 341-3345 Fax Number (512) 218-5548 Email Address dbuzzell@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: Brian Binkowski/Brandon Hay Assistant Director / Project Manager 507 W. Liberty Avenue Round Rock, TX 78664 Telephone Number (512) 244-9620 Fax Number (512) 244-9623 Email Address bbinkowslci@baker-aicklen.com Email Address bhay@baker-aicklen.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attaimnent of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so Lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perforin the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (l) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Brian Binkowski/Brandon Hay Assistant Director / Project Manager 507 W. Liberty Avenue Round Rock, TX 78664 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS AP OVEI? AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: AO* Sara L. White, City Clerk BAKER-AICKLEN & ASSOCI ES, INC. By: Signature of Principal Printed Name: R. David Strutton 15 Ian L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services A1.0 Design Studies and Design Criteria • As -built plans for existing facilities adjacent to this project, if available. • Existing geotechnical reports and data for existing facilities adjacent to this project, if available. • Utility information (plans, maps, etc.) both current and archived within the City of Round Rock, if available. A2.0 Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meetings A3.0 Field Surveying and Photogrammetry Provide all available survey and photogrammetry information to date. A4.0 Drainage • Provide available information and studies on existing drainage areas. • Provide hydraulic design criteria for project design. • Provide standard details and specifications as necessary to assist design consultant. A5.0 Miscellaneous • Provide direction necessary for aesthetic treatment of existing and proposed structures, amenities and landscaping. • Provide copies of all licensing agreements, utility agreements and other legal instruments related to the project. • Prepare and coordinate any required Licensing and/or Utility Agreements. • Pay all filing; permit review, application and inspection fees. • Provide any other pertinent information to assist design consultant. • Acquire right -of -entry on any property not owned by the City should it be determined necessary to complete the scope of work identified within this agreement. • It is the City's responsibility to facilitate and coordinate with private property owners, if deemed necessary. EXHIBIT B Engineering Services The purpose of the services proposed herein is to provide professional consulting services consisting of but not limited to landscape architecture, civil and structural engineering, MEP engineering and architecture necessary for the development of the Heritage Trail West Project. The project encompasses the corridor from just west of the Bathing Beach Park to the Mays Street Bridge; refer Project Scope Map located at the end of Exhibit -B. The Consultant intends to work in effective cooperation with the City, Texas Commission on Environmental Quality (TCEQ), THC, TxDOT, Georgetown Railroad and other regulatory entities to achieve an efficient and acceptable implementation of the project. Program Consultant shall provide services, as later described for the following general program elements. • Bathing Beach Park (per approved Master Plan dated 719/2013) • Chisholm Trail Crossing Park • The Brushy Creek pedestrian bridge/gateway at Chisholm Trail Road - existing abutments to be used contingent upon structural evaluation. New abutments may be required. Pre-engineered bridges to be used. • I-35 underpass beautification • Timeline site furnishings and signage • Memorial Park playground • Interpretive portals • to' wide regional trail • Canoe/kayak Iaunch station • Environmental awareness station • Miscellaneous sidewalks • BasebalI Field, RestroornlConcession building , Fencing, dugout improvements and associated on-site utility improvements • Fence and overhead protection at bluff from school ball field • Overlooks at bluff • Plan for future trail underpass of Mays Street bridge • (zo) art /mural concepts to direct artists (includes 1 revision each) • Lighting design • Landscape and irrigation design • ADA improvements to existing park elements to bring into compliance Development Budget Goal A proposed development budget goal for all park program items indicated and professional services is generally established at $6.5 million dollars by the City. Consultant does not guarantee that proposals, bids, or actual Project construction costs may not vary from its opinion of probable construction costs (OPCC). Given the above stated general project information Consultant will provide the following scope of basic services per task listed once the City has issued an executed agreement. BASIC SERVICES The proposed basic services, which are outlined below, shall include project managementicoordination, data coltectionIsite assessment, programming Jschematic design, design development, construction documents, regulatory entitlement 1 permitting, bidding assistance and construction phase services, project design survey, environmental services, geotechnical services. 1 TASK 1: PROJECT MANAGEMENT 1 COORDINATION (BILLING GROUP 21) This task will include the following activities: • Coordinate a kick-off meeting with the design team and City to identify project goals, schedules and projected milestones from schematic design through construction. • Provide overall project management services including budget control, schedule control, project coordination, resource allocation, sub -consultant management and coordination and preparation & processing of invoices. • Ensure timely delivery of all deliverables including electronic files, and hard copies of all pertinent information, all in American Standard System of Measure format. • Perform Quality Control ` Quality Assurance reviews. • Attend team site visit/meetings, City Council presentation(2 meetings), Historic Preservation Commission presentation (2 meeting) and pre -development meeting (i meeting) • Attend 6o% Development Services Office (D.S.O.) submittal review meetings and coordinate comment responses and approvals with design team (i meeting). • Attend 90% D.S.O. submittal review meetings and coordinate comment responses and approvals with design team. (i meeting). • Attend l00% D.S.O. submittal review meetings and coordinate comment responses and approvals with design team. (i meeting). • Assist City in filing the appropriate plans, documents and reports with jurisdictional and regulatory agencies. Submittal may include but not be limited to: the City Planning Development Services Office, THC, TCEQ, TDLR, Georgetown Railroad and TxDOT. • Review all modifications and comments requested by jurisdictional and regulatory agencies with the City. • Coordinate and oversee revisions to drawings and assist City in submitting final documents to the appropriate agency(s) for final processing, approvals and permits. *All filing, permit review, application and inspection fees to be paid by the City of Round Rock or billed as reimbursables. *Deliverable quantities for permitting to be determined by City; plans, specification, reports, etc. to be billed as reimbursable expenses. TASK 2: DATA COLLECTION 1 RESEARCH ( SITE ASSESSMENT (BILLING GROUP 22) Data Collection Consultant's team shall define site information required to adequately accomplish the scope of services defined in this agreement. Consultant shall consolidate existing information into an overall base map to be used throughout the design process. Base map information may include, but is not limited to: Current City and/or State ARC/GIS/AutoCAD data sets available for the entire project area. Infrared/Aerial photography of entire project. Current FEMA Flood Plain and TCEQ Aquifer data of entire project area. Construction and as -built plans (AutoCAD format if available) for existing infrastructure related to or affected by this project. • Existing regional topographic surveys. • Tax map or other resource information to identify affected property owners. Research Consultant's team will research the history of the City of Round Rock to identify key events to highlight along the Heritage Trail. It is the understanding of the Consultants that the time period for the West phase of the project spans from the mid i800's to the 198o's. • Meet with the Historical Preservation Commission, Texas Historical Commission and Williamson County Museum to garner historical data. Reference publications of local history for use in programming and site design. 2 Site Assessment Coordination a preliminary site assessment with design team and City that may include but is not limited to: • Walking the proposed park project and creating a digital photographic inventory of each area being developed so to provide as a resource of possible existing conditions, as well as serve as a visual reference. • Identify and address opportunities and constraints • Identify potential sensitive and protected environmental features. • Initiate habitat assessment and geologic assessment. • Initiate tree, topographic and existing conditions survey services to adequately accomplish the design of the Project. Initiate geotechnical testing and reporting as required for bridges, parking, trail pavement, structural retaining walls and structural slab designs. TASK 3: PROGRAMMING I SCHEMATIC DESIGN (BILLING GROUP 23) Consultant shall prepare schematic design drawings defining the general concept of design and development a budgetary opinion of probable construction costs (OPCC) based upon the concept. The schematic design phase will be based on the approved park master plan for the Bathing Beach project and approved Heritage Trail Master Plan and program elements previously identified herein and will be conceptual in nature so to affix the design character and image of the Project. This process shall include: • Review of project goals, objectives, and budget with design team and Client. • Determine project time -line and tentative delivery schedule. • Identify and meet with user groups, representatives and other stakeholders. • Prepare (i) illustrative schematic site plan and (6-ro) sketches for park improvements. The drawings will refine the general character, layout and essentials of the project. • Review schematic drawings with Client and stakeholders. • Provide (I) revision to schematic drawings based on review comments and generate a budgetary OPCC including appropriate escalation factors and contingencies. • Review final schematic drawings and OPCC with Client. • Present schematic design and OPCC to City Council and Heritage Preservation Commission (one meeting) for approval to proceed with Design Development. The presentation will be in power point format. • Attend public meeting to present schematic design. Schematic design and graphics will be printed and mounted on boards for public viewing. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. TASK 4: DESIGN DEVELOPMENT (BILLING GROUP 24) Upon Client's authorization to commence with design development, Consultant shall prepare design development drawings and a preliminary opinion of probable construction costs (OPCC). The design development plans will further define the character and essentials of the project concept, including description of materials. This process shall include: • Conduct preliminary meeting(s) and/or research with regulatory entities to determine permit requirements including Pre -development meeting with City Planning Development Services Office and Floodplain Administrator. • Prepare preliminary design development drawings and updated OPCC including appropriate escalation factors and contingencies. Design will utilize existing conditions survey for defined project limits. 3 • Review preliminary design development drawings with Client. • Provide (i) revision to design development drawings and updated OPCC including appropriate escalation factors and contingencies. • Review final design development drawings and OPCC with Client. • Preliminary floodplain I drainage investigation necessary to assess required design response. The investigation will include a basic study and assessment of existing floodplain and drainage information to evaluate the potential impacts of the project. • Present design development drawings and OPCC to City Council (one meeting) and Heritage Preservation Commission (one meeting) for approval to proceed with Construction Documentation. Presentation will consist of (i) refined illustrative site plan and (6-1o) illustrative graphics for park improvements. The presentation will be in power point format. • Attend public meeting to present illustrative site plan and graphics.. Graphics will be printed and mounted on boards for public viewing. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. TASK 5: CONSTRUCTION DOCUMENTS (BILLING GROUP 25) Upon City's approval of the Design Development drawings and OPCC, the Consultant will develop working/construction drawings and technical specifications necessary to construct the work. Construction drawings may include, but not be limited to the following information: general construction and project specific notes, utilities, grading, drainage, dimension control/layout, erosion/sedimentation/tree protection, site construction details, architectural, structural and mechanical, electrical, plumbing, irrigation plans, and details. Consultant shall compliment drawings with Contract Documents and Technical Specifications including quantity take -offs, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. Consultant shall coordinate any utility needs and adjustment with the City and utility service provider(s). • Initiate and attend Predevelopment meeting with City Planning Development Services Office and Floodplain Administrator if time has lapsed from initial meeting conducted with Design Development. • Prepare sixty percent (6o%) construction drawings and OPCC including appropriate escalation factors and contingencies. • Review 6o% construction drawings, specifications/project manual and OPCC with City. • Prepare ninety percent (9o%) construction drawings, specifications/project manual and OPCC including appropriate escalation factors and contingencies. • Review 9o% construction drawings, specifications/project manual and OPCC with City. • Prepare one hundred percent (ioo%) construction drawings, specifications, reports, permit applications and other documents required for permitting and construction; update OPCC including appropriate escalation factors and contingencies. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. *Deliverable quantities to be determined by City, billed as reimbursable expenses. TASK 6: REGULATORY ENTITLEMENT I PERMITTING (BILLING GROUP 26) 6.1 Texas Commission on Environmental Quality: Water Pollution Abatement Plan (WPAP) Consultant shall provide the following services: • Prepare a WPAP to reflect the proposed improvements for the park. • Review and incorporate Geological Assessment / Karst Survey within application. • Meet with TCEQ to review application and address any comments required for approval/permitting. 4 *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.2 Texas Department of Transportation: Park within I-35 R.O.W. Consultant shall provide the following services: • Prepare exhibits showing proposed improvements within R.O.W. • Review and discuss with TxDOT District Office. • Prepare and submit permit application(s) as required. • Meet with TxDOT to review application and address any comments required for approval/permitting. *Alt required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.3 Texas Department of Licensing and Regulations: Texas Accessibility Standards (TAS) Compliance Consultant shall register the project with the TDLR, submit plans and address any comments as required for conditional plan approval to secure compliance with the Texas Accessibility Standards and American with Disabilities Act. TDLR inspection for compliance with TAS will be required upon completion of project construction. *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 6.4 City of Round Rock: Site Development and Building Permit Consultant shall follow all required development permit processes within the City of Round Rock Development Services Office. Consultant shall establish a pre -development meeting and provide all documents necessary to secure approvals and permitting. Consultant shall provide the following services: Establish and attend required meetings with the City departments as required. Prepare necessary plans and application(s) for proposed park project improvements. Review and address any comments required for approval and permitting. *It is assumed all required fees for review and processing will be waived. However, any fees that may be associated with permitting and/or inspections will be the responsibility of the City of Round Rock. 6.5 Georgetown Railroad: Construction Permit Consultant shall provide the following services: Prepare exhibits showing proposed improvements within R.O.W. Review and discuss with Georgetown Railroad. Prepare and submit permit application(s) as required. Meet with Georgetown Railroad to review application and address any comments required for approval /permitting. *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. TASK 7: BIDDING ASSISTANCE (BILLING GROUP 27) Consultant shall assist City during the bidding process. This task will include the following services: • Coordinate the schedule for bid advertising, pre-bid conference, and bid opening. • Prepare and organize bid solicitation and proposal forms consistent with the City's requirements. • Arrange for printing and distribution of the bid documents. • Conduct pre-bid conference. • Address contractor RFI's, prepare and issue addenda as required. • Attend the bid opening, review/evaluate bids including alternates and formulate bid tabulation. • Provide written recommendation to City. • Once approved by City Staff, attend City Council meeting for award of construction contract. • Assist with issuance of the Notice of Award and construction contract documents/agreement. 5 TASK 8: CONSTRUCTION PHASE SERVICES (BILLING GROUP 28) Consultant shall assist City during the construction process. Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and Consultant shall not be responsible for the contractor's errors or omissions or failure to carry out the work in accordance with the contact documents. City will provide and pay for construction inspection and materials testing services. The construction phase process shall include: • Assist City with Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds and insurance from the contractor. • Conduct and oversee a pre -construction meeting. • Constructions observation -- preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals, samples and mock-ups (as required). • Conduct and oversee bi-monthly progress meetings. Estimate construction time 12 months. • Review and approve contractor's monthly Application and Certification for Payment. • Coordinate fmal inspection(s) and walk-thru for substantial completion; issue punch list and letter of substantial completion for incomplete items including time for completion. • Coordinate and attend final inspection, including. TAS inspections. • Conduct final inspection for acceptance of project and issue letter of concurrence. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents from contractor required to close-out project. • Review and approve contractor's final Application(s) for Payment including retainage. *Field changes, change directives, change orders or any other changes during construction of the Project initiated by the City, without prior written consent of the Consultant, shall indemnify and hold harmless Consultant and its sub -consultants from all claims, any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from such changes. TASK 9: PROJECT DESIGN SURVEY (BILLING GROUP 29) Consultant will include the following services: Conduct preliminary survey meeting with design team and City staff to confirm limits of survey work. Conduct horizontal and vertical control survey on State Plane Grid and North American Vertical Datum of 1988, NAVD88 • A topographic survey with one -foot contours, location of above -ground and visible improvements, and location of hardwood trees 4" and up for approximately 14 acres within the project limits. On the east side of the project limits survey approximately 3o -foot wide portion between the top of the bluff and the fence. Elevations below the water surface along the south side of the creek, east of the low water bridge for N. Lee Street and Summit Street to 250 feet east of the low water bridge. • The location of the hardwood trees 3" and up within Memorial Park. • The location and elevation of the three (3) existing stone piers along Chisholm Trail Road The location the wagon ruts in the rock. • The location and elevations for the piers, columns, and abutments for all Interstate Highway 35 bridges. • The graphical location of the property lines within the limits of the survey. • Six (6) benchmarks along the survey limits. TASK 10: ENVIRONMENTAL SERVICES (BILLING GROUP 30) Consultant shall perform a Geologic Assessment, Karst & Salamander Habitat Assessment. The scope of work efforts proposed herein will include assessment of the potential for sensitive and protected environmental features on the park property. Environmental services will include: 6 • Geologic Assessment - baseline survey required for TCEQ Water Pollution Abatement Plan. • Karst & Salamander Habitat Assessment -- required by TCEQ as result of Geologic Assessment. *Service does not include cost of karst feature excavation, cave mapping, bug surveys, etc. which may be required to be enrolled in the Williamson County RHCP and/or consultation with US Fish and Wildlife Service if features are present. In the event that additional services are determined necessary upon completion of the initial resource assessments and as indicated, such as client -requested meetings, labor-intensive excavation, biological sampling, development of conservation areas, plans for significant features, surveying down -gradient or adjacent properties, or coordination with federal, state, or local regulatory agencies, a separate proposal and estimated cost for the additional work efforts will be provided as additional services. TASK 11: GEOTECHNICAL SERVICES (BILLING GROUP 31) 11.1 Geotechnical Investigation Consultant shall perform geotechnical investigation as necessary for foundation design and construction recommendations for structures and pavement design recommendations. The scope of work efforts proposed herein will include identification of location(s), investigative drill testing, sampling and assessment and analysis of the potential for subgrade structural needs as necessary to ensure proper design for elements within the park. Based on the general program elements for the park, the following bores will be provided: buildings (3), parking areas (4), trails (8), and abutments (5). The geotechnical report shall include but not be limited to general site conditions, bore location plan, recommended foundation type for building structures including bearing pressures and elevations, flexible and rigid pavement thickness design recommendations and general pavement and earth work requirements. 11.2 Existing Abutment Evaluation Consultant shall perform an evaluation of existing bridge abutments utilizing ground penetration radar to locate spacing of steel in the existing structures. Concrete coring and compressive strength testing will also be provided at 9 locations (3 per abutment). **Opinion of Probable Construction Costs (OPCC) Disclaimer Opinion of probable construction costs provided by the Consultant are based on the Consultant's familiarity with the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. Throughout the design process the Consultant will assist the Client in value engineering the project and making necessary adjustments in an effort to meet the project construction budget. OPTIONAL SERVICES Alternate services are services that maybe necessary as the project progresses and shall only be engaged upon written authorization of the Client. TASK A.1 SHARED -USE PARKING LOT DESIGN (BILLING GROUP 32) The design of a shared -use parking lot at the southwest corner of Emmanuel Road and Chisolm Trail Rd. The parking lot will be designed for one-way circulation and service both the Bathing Beach Park and Daycare facility. Plans, specifications and drainage will be incorporated into the plan set defined under basic services. Bidding assistance and construction phase services also included. TASK A.2 EMMANUEL ROAD DESIGN - REFER ATTACHMENT A.2 (BILLING GROUP 33) The work to be performed under this contract will consist of providing professional engineering services for the development of PS&E to reconstruct Emmanuel Street from Chisholm Trail to Wonder Drive. The work to be 7 performed under this work authorization, in general, will consist of: Project Management, Roadway Design Controls, Drainage Design, Water Quality, SW3P, Signing and Pavement Markings, Traffic Control Plans, Data Collection including Suiveying and Geotechnical services, Railroad Crossing Design, Utility Coordination, Bidding Phase Services and Construction Phase Services. TASK A.3 HISTORIC STAGECOACH INN RE-CREATION (BILLING GROUP 34) Design of a new structure that resembles/recreates the Stagecoach Inn at its original form. The building will be an enclosed, conditioned space and contain a shared -use restroom. The estimated square footage is 1,400sf. Plans and specifications will be incorporated into the plan set defined under basic services. Bidding assistance and construction phase services also included. Basic services under this contract, Tasks i-8, assume design of a Stagecoach Inn open-air pavilion structure. ADDITIONAL SERVICES The following services are not included within the scope of basic services. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be performed as Additional Services. Additional Services shall only be provided if previously authorized by the Client. Additional Seivices may include, but not be limited to, the following: • Detailed Flood Plain Analysis • CLOMR and/or LOMR • Preparation of Phased bid package(s) with reduced scope of items defined herein, including construction drawings and specifications. • Traffic Impact Analysis. • TxDOT roadway modifications. • Traffic Control Plans. • Construction Staking. • Construction Materials Testing. • Geotechnical investigation for new bridge piers and abutments not accounted for in basic scope of services. • Bridge Design (other than pre-engineered structures). • Hazardous Site Assessments. • Environmental services beyond those described in scope of services. • Archeological Assessment • Land Acquisition services. • Easement acquisition or vacation including preparation of easement documents unless defined within scope of services. • Legal Lot Determinations unless defined within scope of services. • Preparation of multi -use agreement(s) and exhibits. • Assistance or representation in litigation concerning the property of proposed project. • Conflict Resolution. • Preparation and processing of Waivers, Variances or Exceptions. • Services required after final acceptance of construction work. • Permitting through Army Corp of Engineers (USACE). Revisions to drawings previously approved by the City and regulatory entities due to changes in: Project scope, budget, schedule, unforeseen subsurface construction conditions or when such revisions are inconsistent with written approvals or instructions previously given; enactment or revision codes, laws, or regulations subsequent to the preparation of such documents. Preparation of presentation materials for marketing or purposes other than in -progress approvals. 8 • Public or other presentations beyond those described in scope of services. • Provide consultation, drawings, reports and other work products related to permits, approvals and ordinances not described in scope of services. • Providing professional services for the field selection of plant materials. • Gas, Telephone/Communication design. • Design of utility extension(s) to the project site. • Preparation of record documents from contractors as -built drawings • Providing services other than those outlined in scope of services. • Any services related to ROW acquisition CLARIFICATIONS The following are clarifications regarding scope of basic services: • All application and processing fees are the responsibility of the City. • City to supply current Title Commitment or Policies (if applicable). Additional research beyond what is included in the title commitment is not included. • Resolution of conflicts not included. • Coordination with the utility companies for the design and construction of electric, telephone and gas service will be provided by City. • Right -of -Way or easement acquisition will be handled by the City. 9 10 ct time to equal 36 months ., p .. ,,., MI _0 ° M,,, , iiunsuniiii 4 ' too ®1111 1=7777177 rimifissimmai Data Collection 1 Site Assessment (4 wk .) Programming I Schematic Design (e win.) Project Design Survey (6 wits.) Design Development (14 wks.) Construction Documents (12 wits.) 60% Construction Documents 90% Construction Documents 100% Construction Documents Regulatory Entitlement 1 Permitting j12 wits.) q ¢¢ 5 O - Sz x TDLR: TAS Compliance ; v - . Environmental Services (8 wits.) Geologic Assessment (required by TCE0) Karst 1 Salamander Habitat Assessment Letter (required by TCEO) Geotechnical Services (4wks.) GeotochnIcal Investigation (bore samples of buildings, trails, parking areas, abutments) Existing Abutment Evaluation is! 8 r0OoM c m w ':..- N C m (Construction Phase Services (Est. start date May 2015 - Final completion Juno 2016) 5 5 5 5 5 6.0 o q O 1 8.0 ct time to equal 36 months Exhibit D Fee Schedule Task Total Labor Hours Total Loaded Labor Cost Other TOTALS Direct Costs Task 1: Project Management 1 Coordination 104 $16,400.00 $0.00 $16,400.00 Task 2: Data Collection 1 Site Assessment 82 $10,860.00 $0.00 $10,860.00 Task 3: Programming 1 Schematic Design 814 $106,750.00 $0.00 $106,750.00 Task4: Design Development 1,096 $136,100.00 $0.00 $136,100.00 Task 5: Construction Documents 1,328 $163,360.00 $0.00 $163,360.00 Task 6: Regulatory Entitlement 1 Permitting 0 $0.00 $0.00 $0.00 Task 6.1: WPAP (TCEQ) 0 $0.00 $7,500.00 $7,500.00 Task 6.2: TxDOT 64 $8,160.00 $0.00 $8,160.00 Task 6.3: TAS (TDLR - Accessibility Compliance) 48 $6,000.00 $0.00 $6,000.00 Task 6.4: Bldg. & Site Permits (DSO Services) 116 $14,920.00 $0.00 $14,920.00 Task 7: Bidding Assistance 195 $26,930.00 $0.00 $26,930.00 Task 8: Construction Phase Services 560 $81,000.00 $0.00 $81,000.00 Task 9: Project Design Survey 0 $0.00 $39,950.00 $39,950.00 Task 10: Environmental Services 0 $0.00 $0.00 $0.00 Task 10.1: Geologic Assessment (required by TCEQ) 0 $0.00 $4,400.00 $4,400.00 Task 10.2: Karst & Salamander Habitat Assessment Letter (required by TCEQ) 0 $0.00 $2,750.00 $2,750.00 Task 11: Geotechnical Services 0 $0.00 $0.00 $0.00 Task 11.1: Geotechnical Investigation 0 $0.00 $13,440.00 $13,440.00 Task 11.2: Existing Abutment Evaluation 0 $0.00 $3,100.00 $3,100.00 Task 12: Reimbursable Expenses 0 $0.00 ] $3,300.00 $3,300.00 GRAND TOTAL: 4,407 $570,480.00 $74,440.00 $644,920.00 Optional Services Task 1: Shared -Use Parking Lot Design $10,800.00 Task 2: Emmanuel Road Design $159,500.00 Task 3: Historic Stagecoach Inn Re-creation $20,280.00 Hourly Rates Director or Principal Landscape Architect Project Manager Sr. Landscape Architect Landscape Architect Enginer Engineer Designer Architect Construction Manager 175/hr. 160/hr. 110/hr. 150/hr. 110/hr. 150/hr. 170/hr. EXHIBIT E Certificates of Insurance Attached Behind This Page Cilent#: 162272 BAKERADC ACQRDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 1/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS POLICIES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 USI SouthwestkW" 7600-13 N. Cap of Tx. Hwy. #200 Austin, Texas 78731 Debi Wylie P mu, Ext): 512.651-4159 rm. Nei; 512-467-0113 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 5 INSURER A: XL Specialty Insurance Company 37885 INSURED Baker-Aicklen & Associates, Inc. 507 W. Liberty Avenue Round Rock, TX 78664 INSURER B : INSURER C : $ INSURER D: INSURER E : INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL8UBR AW SUB POLICY NUMBER b1M1D tuimmo POLICYEFf nmn {M60ULDD EXPLIMITS GENERAL LIABILRY $ COMMERCIAL GENERAL LIABILITY pEAAC�H4�OECCCpURRREENCE PRE►.IISES irencel $ CLAIMS -MADE OCCUR lEa r MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT. AGGRE(GAATTE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY I f !ERCT r---1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUT SAUH£�cOULED BODILY INJURY (Per accident) $ HIRED AUTOS ^ NON -OWNED AUTOS PROPERTY DAMAGE (Per occident) $ S UMBRELLA LAB— _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DEO 1 RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER ANY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N N 1 A E.L. EACH ACCIDENT S (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ Udescribe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ A Professional Llab Claims Made Po! DPS9708533 Retro:05101/81 05/21/2013 05/21/2014 $2,000,000 per claim $2,000,000 annt aggr. DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Heritage Trail West. This Certificate Is issued in respects to above referenced. CERTIFICATE HOLDER CANCELLATION City of Round Rock 301 Bagdad Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE q. ACORD 25 (2010/05) 1 of 1 #S11569867/M9765631 @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BYPZP R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOMYYY) 1/9/2014 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: ft the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION I8 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 CONTNAME: !Karen Karen Chandler Brookshire Insurance Agency PHONE N) Exit, (512) 365-2241 FAX No); (86(0317-6907 P. 0. Box 830 ADDREss,karen.123@brookshireins .com INSURER(S) AFFORDING COVERAGE NAIL 4 Taylor TX 76574 INSURERA:The Travelers Lloyds Insurance 41262 INSUREO INSURER B:The Charter Oak Fire Ins 25615 Baker-Aicklen & Associates Inc INSURER C:The Travelers Indemnity Company 25682 507 W. Liberty Ave INSURERD:Trumbull Ins Company/Hartford A INSURER E : CLAIMS -MADE X OCCUR Round Rock TX 78664 INSURER F: PACP8922L731 113321008 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUBR WVD POUCY NUMBER POUCY EFF iMM/DDryyyY) POLICY EXP UNITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea $ 300,000 A CLAIMS -MADE X OCCUR PACP8922L731 3/20/2013 3/20/2014 ocartencel MED EXP (Any ore person) S 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN. AGGREGATE LIMIT APPLIES PER: ILOC PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYlxim Fid $ AUTOMOBILE LIABILITY dCOMB%NEnntSINGLE LIMIT ) $ 1, 000,000 $ B X ANY AUTO BODILY INJURY (Per person) M1 O 5IE0 AUTOSHIRED — SSCCHEEDULED BA8913L193 3/20/2013 3/20/2014 BODILY INJURY (Per occident) S AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Pe/accident) S S X UMBRELLA UAB X OCCUR XSMCUP8664Y98A 3/20/2013 3/20/2014 EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 S D WORKERS COMPENSATION AND EMPLOYERS' UABIUTY 65WBCAH7209 3/20/2013 53/20/2014 X I WCSTATU- IOTH- TORY LIMITS_ ER ANY PROPRIETOR/PARTNER/EXECUTIVE BER EXCLUDED? YIN NIA E.L EACH ACCIDENT 000,000 $ 1,la In (Mandatory In NH) (Mandatory E L DISEASE - EA EMPLOYEE S 1,000,000 yes, NuMer D DESCRIPTION OF OPERATIONS belaN E.L. DISEASE -POLICY OMIT $ 1,000,000 DESCRIPTION OF OPERATIONS l LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE Heritage Trail West CERTIFICATE HOLDER CANCELLATION City of Round Rock 301 Bagdad Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE R. Brent Kriegel/KDC R.. P�R:2Arj: ACORD 25 (2010105) INS025 nmrrxl n1 ©1988-2010 ACORD CORPORATION. All rights reserved. Tha An IRIT name and Irwin aro ranietararl markt of A4 C1Pf