Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R-14-02-13-H8 - 2/13/2014
RESOLUTION NO. R -14-02-13-H8 WHEREAS, the City of Round Rock desires to retain engineering services for the Rock'N River FAC Expansion 2013 Project; and WHEREAS, Kimley-Horn and Associates, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with Kimley-Horn and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Kimley-Horn and Associates, Inc. for the Rock'N River FAC Expansion 2013 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: SARA L. WHITE, City Clerk 0112 1404, 00291513 ROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY 1 EXHIBIT 1 CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ADDRESS: 10415 Morado Circle Building I, Suite 300, Austin, TX 78759 PROJECT: Rocic'N River FAC Expansion 2013 THE STATE OF TEXAS COUNTY OF WILLIAMSON ("Engineer") 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 0199.1407; 00290593 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 may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake alt 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 -Eight Thousand and No/100 Dollars ($648,000.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: 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 roundrockteaas.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: Mark C. Hatchel, RLA, ASLA Vice President / Senior Project Manager 10415 Morado Circle Building I, Suite 300 Austin, TX 78759 Telephone Number (214) 420-5625 Fax Number (214) 420-5680 Email Address mark.hatchel@kimley-hom.com kimley-horn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from -time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as niay 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 terns of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes frill execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, 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 thein is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and Bold 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 tinges. 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: Mark C. I -satchel, RLA, ASLA Vice President / Senior Project Manager 10415 Morado Circle Building I, Suite 300 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract 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 sante time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk KIMLEY-HORN AND 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 13 Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services SERVICES TO BE PROVIDED BY THE CITY A. Provide a project coordinator to work with the Engineer during the development of the project. The project coordinator shall facilitate meetings with City staff, utility companies, stakeholders, or City Council and serve as the liaison between other City departments during the design and approval process. B. Provide as -built plans for existing facilities and plans of any proposed facilities adjacent to the Project, if available including utilities, streets, easements, boundaries, etc. as available from the City archives. C. Provide a detailed ground survey based upon a 50' grid, showing existing above and below ground conditions, easements, setbacks, utilities, contours at one -foot (1') intervals, spot elevations, physical features, and single trees greater than six inches (6") in diameter in the vicinity of planned improvements. The nearest boundary/property line tie-ins (two points) will be shown along with any easements. The limits of the existing adjacent parking and buildings will be shown. Also, other adjacent park improvements will be shown (parking and striping, planters, utility structures, poles, manholes, drains, cleanouts, signs, vault boxes, etc) Datum will be tied to a benchmark or datum designated by the City and two temporary bench marks will be provided on-site. The Engineer will use the AutoCAD files provided by the surveyor of the topographic survey for base maps and to prepare the site plans for the proposed site development improvements. D. Provide a geo-technical investigation with soil borings of sufficient quantity and depth with recommendations for subgrade preparation for paving and foundations for support buildings, pools, and water slides for a maximum PVR of 1". E. Provide any available studies or information on the drainage areas for the project. F. Provide any hydraulic design criteria for project design. G. Provide City standard details and specifications as applicable to the Engineer. H. Pay all permit, review, and application fees. TDLR registration, review, and inspection fees will be paid for by the Engineer. EXHIBIT B Engineering Services SCOPE OF WORK Project Understanding: The City of Round Rock, Texas, (City) intends to finalize concepts, complete construction documents, advertise for bid, and construct the Rock'n River FAC Expansion 2013 (Project) to include additional water play features, slides, buildings, site improvements, thematic elements, seating areas, shade structures, etc. located at Old Settler's Park, Round Rock, Texas. As there are a number of other waterparks in the project area, the City desires that this project to the extent possible within available funding, incorporate customized features and layouts that will differentiate the Project from other nearby similar facilities. The total project funding available at this time is $6,600,000. In the event that additional funding is made available, the City would like to incorporate a swift water area into the water features design for the Project. The swift water area intent would be to use it as a waterpark/swimming pool feature during the waterpark season and a swift water rescue training feature for the City Fire Department. As the total potential additional funding available is not determined at this time, the total construction budget for the Project will be set at $6,000,000 to $7,500,000. In the event that a swift water rescue training feature is incorporated, the Consultant will coordinate with the City Fire Department regarding the design. Any items requested by the City that are not described in the following scope will be considered an addition to this Agreement and may be provided only as requested and authorized by the City. Task I Coordination and Design Management The Engineer will serve as the lead design consultant and project design team manager. Coordination and Design Management will consist of the following tasks: A) Review of the survey and geo-technical work. B) Assignment of design team responsibilities. C) Perform initial due diligence to determine utility services and City requirements. D) Manage the project and direct the consulting team during the design phase. E) Communicate regularly with the City as needed, including informal submittals to facilitate design decisions during the project. F) Attend design review meetings during the Schematic Design, Design Development, and the Construction Documents phases of the project with the City's representatives. Meetings: One (1) In Person Meering with City Council (Contract Award) — Other Meetings as Noted Below. Task II Programming & Conceptual Plans Prior to beginning this task, the City will furnish the Engineer a new topographic survey (with utility easements and locations shown) and a geo-technical report. The programming and conceptual plans will consist of the following tasks: A) Review the potential waterpark features for Project to be presented to the City in the form of a presentation with photographs or renderings and associated costs so that new features can be selected for incorporation into the conceptual plan. 1 B) Meet with City and Fire Department to discuss swift water area program elements in the form of a presentation with photographs or renderings and opinions of associated costs. If City deems the swift water area feasible within the $6,000,000 to $7,500,000 total construction budget, the Engineer will incorporate a swift water / waterpark feature into the conceptual plan. C) Review of the program and requirements for support buildings (first aid, concessions, maintenance, restrooms, and shade); utilities; parking with the City and associated costs so that the new support features can be selected for incorporation into the conceptual plan. D) Preparation and presentation of updated conceptual plans and cost considerations for discussion at a meeting with City representatives. E) Attend open house meeting with City and public to discuss concepts and receive comments. F) Based on comments from the open house and the City, prepare a final colored conceptual plan with images of water features and an opinion of probable cost for presentation to City Council. Deliverables: Provide Oiie (1) Final Colored Conceptual Plan and Opinion of Probable Cost Meetings: Three (3) to Four (4) In Person Meetings (Including Concept Presentation to City Council) Two (2) Internet Meetings Task III Schematic Design The Schematic Design phase will consist of the following tasks: A) Preparation of schematic plans, sections, and preliminary specifications (30% Construction Documents) for the pools, buildings, and site development showing dimensions and features. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. C) Provide information on finishes equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City representatives to present the schematic designs or to review design comments. E) Incorporate City comments from their review of the schematic design package. Deliverables: Provide Five (5) Sets of Schematic Design Plans and Opinion of Probable Cost Meetings: One (1) Iii Person Meeting Two (2) Internet Meetings Task IV Design Development The Design Development phase will consist of the following tasks: A) Preparation of design development plans and specifications (60% Construction Documents) for the pools, buildings, and site development. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. C) Provide information on finishes, equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City's representatives to present the design development designs or to review design continents. E) Incorporate City comments from their review of the design development package. F) Engineer shall periodically submit electronic plans via email throughout the Design Development phase for review and comment by the City. These reviews are informal and intended to allow the City to review/comment throughout the design process while still allowing the Engineer to continue developing the plans. 2 Deliverables: Provide 5 Sets of Design Development Plans and Specifications and Opinion of Probable Cost Meetings: One (1) In Person Meeting Two (2) Internet Meetings Task V Construction Documents The Construction Document phase will consist of the following tasks: A) Preparation of final construction plans and specifications (90% and 100% Construction Documents) for the pools, buildings, and site development. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. Because the Engineer does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. C) Provide information on finishes equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City's representatives including Development Services Office to present the 90% construction documents designs or to review design comments. E) Incorporate City comments from their review of the 90% construction document design package into a final signed and sealed 100% construction document package. F) Submit 100% plans to Development Services Office for final review, approval and issuance of building/site development permit. Engineer shall address comments in construction documents prior to bid and/or construction phase. G) Register project with TDLR, submit plans for review by a State of Texas Registered Accessibility Specialist, and incorporate and address comments in constructions documents prior to bid. H) Engineer shall periodically submit electronic plans via email throughout the Construction Document phase for review and comment by the City. These reviews are informal and intended to allow the City to review/comment throughout the design process while still allowing the Engineer to continue developing the plans. The construction documents set consists of the following: 1) Engineering Site Plans. 2) Site development plans (layout, grading, storm sewer and drainage areas, water and sanitary sewer, lighting, power distribution, audio and technology provisions, erosion control, planting and irrigation, and details). 3) Building plans (floor plans, elevations, section, details, HVAC, plumbing, electrical, audio and technology provisions, and utilities for City provided food service equipment, finishes, and structural). 4) Pool layout, piping, and filtration plans (water play features, sections, details, equipment, pumps, filters, and chemical feed equipment). Deliverables: Provide Five (S) Sets of 90% Complete Plans and Specifications and Opinion of Probable Cost Provide Five (5) Sets of 100% Complete Plans and Specifications and Opinion of Probable Cost Meetings: Two (2) In Person Meetings Two (2) Internet Meetings Task VI Bidding Phase and Contract Award The Bidding Phase will consist of the following tasks: A) Finalize technical specifications to include contract requirements and bid form per City requirements. 3 13) Attend pre-bid conference between the Engineer, City, and prospective bidders. C) Answer bidder's inquiries during the Bidding Phase and, at the City's direction, furnish and issue addenda items to clarify drawings and specifications. D) Assist the City in receiving, tabulating, and analyzing the bids. E) Prepare bid recommendation Letter and answer questions during contract preparation. Meetings: Two (2) In Person Aleetings Task Vll Construction Phase and Progress Meetings The Engineer will provide Construction Phase services for the project on a limited basis. Please note these services do not provide a full-time resident project representative: A) Maintain communication (phone, fax, e-mail) for the discussion of questions and issues as they arise during the construction of the project. B) Issue addenda to interpret or clarify the construction documents (if necessaty). Engineer will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. C) Attend progress meetings every two weeks with the City, representatives and contractor, to review progress and applications for payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Engineer will determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to City, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Engineer's reconunendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Engineer shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to City free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other 'natters at issue between City and Contractor that might affect the amount that should be paid D) Review submittals (shop drawings, product information, and proposed substitutions) by the contractor. Engineer will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. E) Document meetings and change orders, and respond to requests for information. Engineer may recommend Change Orders to Owner, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. F) Provide site observation visits at key construction phases (steel and formwork placement, pool piping/testing, and system startups) as directed by City. The Engineer shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Engineer have any authority or responsibility to stop or direct the work of any contractor. The Engineer's visits will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Engineer. Engineer neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Such visits and observations by Engineer are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general 4 observation of the Work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and such observations, Engineer will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Engineer will keep City informed of the general progress of the Work. G) Call for project inspection by the State of Texas Registered Accessibility Specialist and incorporate comments into final punch list. H) Make a Final observation and report on the completion of the project. Engineer will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Engineer's knowledge, information, and belief based on the extent of its services and based upon information provided to Engineer upon which it is entitled to rely. 1) Provide City with a set of as -built documents from the Contractor. Deliverables: Provide 5 Full Size Sets of 100% Construction Plans and Specifications (Issued for Construction Sets) to Contractor and Provide 1 Half-size Set of 100% Construction Plans to Owner's Project Manager. Meetings: Thirty (30) In Person Meetings Exclusions No additional environmental assessment, hydraulic or floodplain studies, platting or easement descriptions, or on-site storm water detention are anticipated to be required, and such services are excluded from this scope of services. Water and sanitary sewer are currently available on-site and offsite utilities are not part of this scope of services: For this project, electrical service will be coordinated with the local utility. provider to verify that sufficient power is currently available at the site for the proposed facility. The Engineer can provide the following services, but they are not included in the limited scope of this Agreement: Franchise Utility Coordination Traffic Impact Studies or Signal Design Preparation of Traffic control plans Revisions clue to changes in regulations Revisions to CD's after design approval other than clarifications Archaeological Survey Submittal, Permitting Fees, or Impact Fees Construction Staking Off -Site Utility Design Off -Site Roadway Design Off -Site Easement Descriptions, other than noted Detailed Labor/Materials Cost Estimates (As Prepared by an Estimating Service) Record Drawing Survey Preparation of Site Plan Submittals or Preliminary or Final Platting Wetlands Permitting / Delineation Environmental Impact Statement 3D Architectural Renderings and Computer Animations Specialty AudioNisual or Food Service Consultant Services Operations and Training Consultation Additional work due to an increase in project size or scope in excess of $7,500,000 Construction Cost. Additional Services Any items requested by the City that are not outlined in the above scope will be considered an addition to this Agreement and may be provided as requested and authorized in writing by the City. 5 EXHIBIT C Work Schedule Milestones Tasks D(D Y ),� Completion Date February 15, 2014 Survey and Geo -technical Report Complete and Notice to Proceed Task I Coordination and Design Management Tasks Il -VI 345 February I, 2015 Task II Programming and Conceptual Plans 45 April 1, 2014 Task III Schematic Design 60 June 1, 2014 City Review of Schematic Design 15 June 15, 2014 Task 1V Design Development Submittal City Review of Design Development 60 15 August 15, 2014 September 1, 2014 Task V 90% Construction Documents Submittal 60 November 1, 2014 City Review of 90% Construction Documents 15 November 15, 2014 100% Construction Document Submittal 30 December 15, 2014 City Release of 100% Construction Documents 15 January 1, 2015 Task VI Bidding /Advertise for Bids Week One Advertisement #1 Week Two Advertisement #2 Week Three Pre Bid Meeting Week Four Issue Any Final Addenda 30 February 1, 2015 Task VI Award Contract/Begin Construction 30 March 1, 2015 Substantial Completion/Punch List Project Closeout 360 March 1, 2016 Punch List Complete/Project Closeout 30 April 1, 2016 City Use of Park for Staff Training 30 May 1, 2016 Open to Public 15 May 15, 2016 Notes: Once the Conceptual Design is approved the Consultant and City will determine if any portions of the project are feasible for completion by May 2015. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Engineer does not control EXHIBIT D Fee Schedule As per the standard engineering services contract and the attached exhibits — Engineer will accomplish the services for the lump sums outlined below: Professional Fees Summary Task Engineer Fee Cost Sub Consultants Fee Cost Total Fee Cost Task I: Coordination and Design Management $32,400 $0 $32,400 Task II: Programming & Conceptual Design $16,500 $15,900 $32,400 Task III: Schematic Design $66,000 $63,600 $129,600 Task IV: Design Development $66,600 $95,400 $162,000 Task V: Construction Documents $66.600 $95,400 $162,000 Task VI: Bidding and Contract Award $16,500 $15,900 $32,400 Task VII: Basic Construction Phase Services $65,400 $31,800 $97,200 GRAND TOTAL LUMP SUM: $330,000 $318,000 $648,000 Notes: 1) Site visits included in the above are as follows: Kiurley-Horst (Engineer) Forty-one (d1) Pool Mechanical Sub -Consultant Eight (8)) Supporl Building Architect Sub -Consultant Eight (8) MEP/HVAC Sub -Consultant Six (6) 1 of 2 Kimley-Horn and Associates, Inc. Standard Hourly Rate Schedule Senior Professional I $190 - $225 Senior Professional II $170 - $210 Professional $135 - $175 Analyst $135 - $150 Designer $95 - $160 Technical Support $65 - $145 Clerical/Administrative Support $60 - $110 These rates are effective July 1, 2013 and subject to annual adjustment 2 of 2 EXHIBIT E Certificate of Insurance Attached Behind This Page A� o CERTIFICATE OF LIABILITY INSURANCE 3izzi2o YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 CONTACT JerryNO Ola NAME: Noyola PSNH Ertl (770) 552-4225 (AC.No1'. (866) 550-4082 E-MAIL err no ola@ re lin AODRESs: -r • Y g Y g • COm INSURER(S) AFFORDING COVERAGE NAIC a INsuRERA:National Union Fire Ins. Co. 19945 A INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURERB Commerce & Industry Insurance 19410 A INSURER cNOW Hampshire Insurance Company 23841 A INsuRERoLexington Insurance Company 19437 A INSURER E : 500 000 $ � INSURERF: COVERAGES CERTIFICATE NUMBER:13--14 (Kimley Melanie) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 LTRINSR TYPE OF INSURANCE ADDL SUBR V/VD POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP (MWDDIYYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X Y GL 9645227 4/1/2013 4/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea ocaxrencel 500 000 $ � CLAIMS -MADE X OCCUR MED EXP (Any one person} S 25,000 X Contractual Liability PERSONAL 5 ADV INJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENL AGGREGATE LIMIT —1 POLICY n jrg: APPLIES PER. n LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X _ LIABILITY ANY AUTO ALL OIANED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-O`ANED AUTOS X Y CA 4982985 4/1/2013 4/1/2014 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Pei-accident) S PROPERTY DAMAGE (Per accident) 5 $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X Y BE 016395110 4/1/2013 4/1/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE S 5,000,000 DED X IRETENTIONS 10,000 s C %YORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE,.,EL OFFICERR,IEMBER EXCLUDED? (Mandatory In NH) I( yes, describe under DESCRIPTION OF OPERATIONS beo.v Y / N N / A Y WC 018112556 4/1/2013 12/1/2012 4/1/2014 4/1/2014 X I TORY I H ITS I IaTR EACH ACCIDENT S 1,000,000 EL. DISEASE • EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT perCia(m Aggregate $ 1 , 000,000 $4,000,000 $4,000,000 D Professional Liability X 016017332 & 001162363 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORO 101, Additional Remarks Schedule, If more space is required) Re' For All Projects with the City of Round Rock. The City of Round Rock, TX is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below will be provided. CERTIFICATE HOLDER CANCELLATION City of Round Rock, TX City Manager 221 East Main Street Round Rock, TX 78664 . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Collings/JERRY -r<:::7;..----3c---'1- ...--45-•..:."-,,,m- ACORD 25 (2010(05) INS025 (2ninrxl m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho ACf1Rn nmmn aHyl Innn arra ronictororl mark of Af:f1Rf ROUND ROCK, TIXAS City of Round Rock Agenda Item Summary Agenda Number: H.8 Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Kimley-Horn and Associates, Inc. for the Rock 'N River Family Aquatic Center Expansion 2014 Project. Type: Resolution Governing Body: City Council Agenda Date: 2/13/2014 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $648,000.00 Indexes: 2014 General Obligation Bonds Attachments: Resolution, Exhibit A, Aquatic Fee Comparison & Photos Department: Parks and Recreation Department Text of Legislative File 14-1139 This Contract for Engineering Services is for design and engineering services related to the Rock 'N River Family Aquatic Center Expansion Project. The scope of the contract includes landscape architectural, engineering, architectural and MEP engineering services from schematic design through construction observation. The programmatic elements for the project include additional water play features, slides, restroom and concession buildings, seating areas, shade structures, etc. Additionally, the scope includes the design for a potential swift water rescue area that can be used by the Fire Department. The cost to construct the swift water area is not included in the project budget but the design will be completed as part of the overall expansion plan. Staff and the consultant will work towards having portions of the project open for Swim Season 2015, with the major expansion being completed by Swim Season 2016. The contract cost of $648,000 is approximately 9.8% of the total project budget of $6,600,000. 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 Goals 1 -High Value Services and Goal 4 -Sports Capital for Tourism and Residents. Cost: $648,000.00 Source of Fund: 2014 GO Bonds Approval City of Round Rock Page 1 Printed on 2/13/2014 EXECUTED ORIGINAL DOCUMEN1S FOLLOW 'ROUND ROCK, TEXAS PURPOSE PASSIM( PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer") ADDRESS: 10415 Morado Circle Building I, Suite 300, Austin, TX 78759 PROJECT: Rock'N River FAC Expansion 2013 THE STATE OF TEXAS COUNTY OF WILLIAMSON § § § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 04'—day of rdorIAG/ t3 , 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 0199.1407;00290593 00192831 R -14-02-13-H8 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review tunes by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be conunenced 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 -Eight Thousand and No/100 Dollars ($648,000.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: 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: Mark C. Hatchet, RLA, ASLA Vice President / Senior Project Manager 10415 Morado Circle Building I, Suite 300 Austin, TX 78759 Telephone Number (214) 420-5625 Fax Number (214) 420-5680 Email Address mark,hatchel@kimley-horn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall inunediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and alt 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 terns 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 goverrunental 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: Mark C. Hatchel, RLA, ASLA Vice President / Senior Project Manager 10415 Morado Circle Building 1, Suite 300 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract 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 terns and provisions hereof. CITY OFOUND ROCK, TEXAS API • VEI? AS 0 FORM: 18 By: l `1y1v�� •4 Step Alan McGraw, Mayor ATTEST: By: u Sara L. White, City Clerk KIMLEY-HORN AND ASSO ATES, INC. By: Signature Printed Name:( _ 1 i77 15 4 i 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 SERVICES TO BE PROVIDED BY THE CITY A. Provide a project coordinator to work with the Engineer during the development of the project. The project coordinator shall facilitate meetings with City staff, utility companies, stakeholders, or City Council and serve as the liaison between other City departments during the design and approval process. B. Provide as -built plans for existing facilities and plans of any proposed facilities adjacent to the Project, if available including utilities, streets, easements, boundaries, etc. as available from the City archives. C. Provide a detailed ground survey based upon a 50' grid, showing existing above and below ground conditions, easements, setbacks, utilities, contours at one -foot (1') intervals, spot elevations, physical features, and single trees greater than six inches (6") in diameter in the vicinity of planned improvements. The nearest boundary/property line tie-ins (two points) will be shown along with any easements. The limits of the existing adjacent parking and buildings will be shown. Also, other adjacent park improvements will be shown (parking and striping, planters, utility structures, poles, manholes, drains, cleanouts, signs, vault boxes, etc.) Datum will be tied to a benchmark or datum designated by the City and two temporary bench marks will be provided on-site. The Engineer will use the AutoCAD files provided by the surveyor of the topographic survey for base maps and to prepare the site plans for the proposed site development improvements. D. Provide a geo-technical investigation with soil borings of sufficient quantity and depth with reconunendations for subgrade preparation for paving and foundations for support buildings, pools, and water slides for a maximum PVR of 1". E. Provide any available studies or information on the drainage areas for the project. F. Provide any hydraulic design criteria for project design. G. Provide City standard details and specifications as applicable to the Engineer. H. Pay all permit, review, and application fees. TDLR registration, review, and inspection fees will be paid for by the Engineer. EXHIBIT B Engineering Services SCOPE OF WORK Project Understanding: The City of Round Rock, Texas, (City) intends to finalize concepts, complete construction documents, advertise for bid, and construct the Rock'n River FAC Expansion 2013 (Project) to include additional water play features, slides, buildings, site improvements, thematic elements, seating areas, shade structures, etc. located at Old Settler's Park, Round Rock, Texas. As there are a number of other waterparks in the project area, the City desires that this project to the extent possible within available funding, incorporate customized features and layouts that will differentiate the Project from other nearby similar facilities. The total project funding available at this time is $6,600,000. In the event that additional funding is made available, the City would like to incorporate a swift water area into the water features design for the Project. The swift water area intent would be to use it as a waterpark/swimming pool feature during the waterpark season and a swift water rescue training feature for the City Fire Department. As the total potential additional funding available is not determined at this time, the total construction budget for the Project will be set at $6,000,000 to $7,500,000. In the event that a swift water rescue training feature is incorporated, the Consultant will coordinate with the City Fire Department regarding the design. Any items requested by the City that are not described in the following scope will be considered an addition to this Agreement and may be provided only as requested and authorized by the City. Task I Coordination and Design Management The Engineer will serve as the lead design consultant and project design team manager. Coordination and Design Management will consist of the following tasks: A) Review of the survey and geo-technical work. B) Assignment of design team responsibilities. C) Perform initial due diligence to determine utility services and City requirements. D) Manage the project and direct the consulting team during the design phase. E) Communicate regularly with the City as needed, including informal submittals to facilitate design decisions clueing the project. F) Attend design review meetings during the Schematic Design, Design Development, and the Construction Documents phases of the project with the City's representatives. Meetings: One (1) In Person Meeting with City Council (Contract Award) — Other Meetings as Noted Below. Task II Programming & Conceptual Plans Prior to beginning this task, the City will furnish the Engineer a new topographic survey (with utility easements and locations shown) and a geo-technical report. The programming and conceptual plans will consist of the following tasks: A) Review the potential waterpark features for Project to be presented to the City in the form of a presentation with photographs or renderings and associated costs so that new features can be selected for incorporation into the conceptual plan. 1 B) Meet with City and Fire Department to discuss swift water area program elements in the form of a presentation with photographs or renderings and opinions of associated costs. If City deems the swift water area feasible within the $6,000,000 to $7,500,000 total construction budget, the Engineer will incorporate a swift water / waterpark feature into the conceptual plan. C) Review of the program and requirements for support buildings (first aid, concessions, maintenance, restrooms, and shade); utilities; parking with the City and associated costs so that the new support features can be selected for incorporation into the conceptual plan. D) Preparation and presentation of updated conceptual plans and cost considerations for discussion at a meeting with City representatives. E) Attend open house meeting with City and public to discuss concepts and receive comments. F) Based on comments from the open house and the City, prepare a final colored conceptual plan with images of water features and an opinion of probable cost for presentation to City Council. Deliverables: Provide One (1) Final Colored Conceptual Plan and Opinion of Probable Cost Meetings: Three (3) to Four (4) In Person Meetings (Including Concept Presentation to City Council) Two (2) Internet Meetings Task III Schematic Design The Schematic Design phase will consist of the following tasks: A) Preparation of schematic plans, sections, and preliminary specifications (30% Construction Documents) for the pools, buildings, and site development showing dimensions and features. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. C) Provide information on finishes equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City representatives to present the schematic designs or to review design comments. E) Incorporate City comments from their review of the schematic design package. Deliverables: Provide Five (S) Sets of Schematic Design Plans and Opinion of Probable Cost Aleelings: One (1) In Person Meeting Two (2) Internet Meetings Task IV Design Development The Design Development phase will consist of the following tasks: A) Preparation of design development plans and specifications (60% Construction Documents) for the pools, buildings, and site development. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. C) Provide information on finishes, equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City's representatives to present the design development designs or to review design comments. E) Incorporate City comments from their review of the design development package. F) Engineer shall periodically submit electronic plans via email throughout the Design Development phase for review and comment by the City. These reviews are informal and intended to allow the City to review/comment throughout the design process while still allowing the Engineer to continue developing the plans. 2 Deliverables: Provide 5 Sets of Design Development Plans and Specifications' and Opinion of Probable Cost Meetings: One (1) In Person Meeting Two (2) Internet Meetings Task V Construction Documents The Construction Document phase will consist of the following tasks: A) Preparation of final construction plans and specifications (90% and 100% Construction Documents) for the pools, buildings, and site development. B) Provide an opinion of probable cost for the pools, buildings, shade, thematic elements, and site development and answer questions regarding estimated cost data. Because the Engineer does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. C) Provide information on finishes equipment, lighting, outlets, pool water supply and waste, structural design, and site utilities. D) Meet with City's representatives including Development Services Office to present the 90% construction documents designs or to review design comments. E) Incorporate City comments from their review of the 90% construction document design package into a final signed and sealed 100% construction document package. F) Submit 100% plans to Development Services Office for final review, approval and issuance of building/site development permit. Engineer shall address comments in construction documents prior to bid and/or construction phase. G) Register project with TDLR, submit plans for review by a State of Texas Registered Accessibility Specialist, and incorporate and address comments in constructions documents prior to bid. II) Engineer shall periodically submit electronic plans via email throughout the Construction Document phase for review and comment by the City. These reviews are informal and intended to allow the City to review/comment throughout the design process while still allowing the Engineer to continue developing the plans. The construction documents set consists of the following: 1) Engineering Site Plans. 2) Site development plans (layout, grading, storm sewer and drainage areas, water and sanitary sewer, lighting, power distribution, audio and technology provisions, erosion control, planting and irrigation, and details). 3) Building plans (floor plans, elevations, section, details, HVAC, plumbing, electrical, audio and technology provisions, and utilities for City provided food service equipment, finishes, and structural). 4) Pool layout, piping, and filtration plans (water play features, sections, details, equipment, pumps, filters, and chemical feed equipment). Deliverables: Provide Five (S) Sets of 90% Complete Plans and Specifications and Opinion of Probable Cost Provide Five (5) Sets of 100% Complete Plans and Specifications and Opinion of Probable Cost Meetings: Two (2) In Person Meetings Two (2) Internet Meetings Task VI Bidding Phase and Contract Award The Bidding Phase will consist of the following tasks: A) Finalize technical specifications to include contract requirements and bid form per City requirements. 3 B) Attend pre-bid conference between the Engineer, City, and prospective bidders. C) Answer bidder's inquiries during the Bidding Phase and, at the City's direction, furnish and issue addenda items to clarify drawings and specifications. D) Assist the City in receiving, tabulating, and analyzing the bids. E) Prepare bid reconunendation letter and answer questions during contract preparation. Meetings: Two (2) In Person Meetings Task VII Construction Phase and Progress Meetings The Engineer will provide Construction Phase services for the project on a limited basis. Please note these services do not provide a full-time resident project representative: A) Maintain communication (phone, fax, e-mail) for the discussion of questions and issues as they arise during the construction of the project. B) Issue addenda to interpret or clarify the construction documents (if necessary). Engineer will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. C) Attend progress meetings every two weeks with the City, representatives and contractor, to review progress and applications for payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Engineer will determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to City, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Engineer's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Engineer shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to City free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between City and Contractor that might affect the amount that should be paid D) Review submittals (shop drawings, product information, and proposed substitutions) by the contractor. Engineer will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. E) Document meetings and change orders, and respond to requests for information. Engineer may recommend Change Orders to Owner, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. F) Provide site observation visits at key construction phases (steel and formwork placement, pool piping/testing, and system startups) as directed by City. The Engineer shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Engineer have any authority or responsibility to stop or direct the work of any contractor. The Engineer's visits will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Engineer. Engineer neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Such visits and observations by Engineer are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general 4 observation of the Work based on Engineer's exercise of professional judgment. Based on information obtained during such visits and such observations, Engineer will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Engineer will keep City informed of the general progress of the Work. G) Call for project inspection by the State of Texas Registered Accessibility Specialist and incorporate comments into final punch list. H) Make a Final observation and report on the completion of the project. Engineer will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Engineer's knowledge, information, and belief based on the extent of its services and based upon information provided to Engineer upon which it is entitled to rely. 1) Provide City with a set of as -built documents from the Contractor. Deliverables: Provide 5 Full Size Sets of 100% Construction Plans and Specifications (Issued for Construction Sets) to Contractor and Provide 1 Half-size Set of 100% Construction Plans to Owner's Project Manager. Meetings: Thirty (30) In Person Meetings Exclusions No additional environmental assessment, hydraulic or floodplain studies, platting or easement descriptions, or on-site storm water detention are anticipated to be required, and such services are excluded from this scope of services. Water and sanitary sewer are currently available on-site and offsite utilities are not part of this scope of services. For this project, electrical service will be coordinated with the local utility provider to verify that sufficient power is currently available at the site for the proposed facility. The Engineer can provide the following services, but they are not included in the limited scope of this Agreement: Franchise Utility Coordination Traffic Impact Studies or Signal Design Preparation of Traffic control plans Revisions due to changes in regulations Revisions to CD's after design approval other than clarifications Archaeological Survey Submittal, Permitting Fees, or Impact Fees Construction Staking Off -Site Utility Design Off -Site Roadway Design Off -Site Easement Descriptions, other than noted Detailed Labor/Materials Cost Estimates (As Prepared by an Estimating Service) Record Drawing Survey Preparation of Site Plan Submittals or Preliminary or Final Platting Wetlands Permitting / Delineation Enviromnental Impact Statement 3D Architectural Renderings and Computer Animations Specialty AudioNisual or Food Service Consultant Services Operations and Training Consultation Additional work due to an increase in project size or scope in excess of $7,500,000 Construction Cost. Additional Services Atiy items requested by the City that are not outlined in the above scope will be considered an addition to this Agreement and niay be provided as requested and authorized in writing by the City. 5 EXHIBIT C Work Schedule Milestones Tasks Notes: Once the Conceptual Design is approved the Consultant and City will determine if any portions of the project are feasible for completion by May 2015. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Engineer does not control Duration Completion Date Survey and Geo -technical Report Complete and Notice to Proceed February 15, 2014 Task I Coordination and Design Management Tasks Il -VI 345 February I, 2015 Task II Programming and Conceptual Plans 45 April 1, 2014 Task III Schematic Design 60 June 1, 2014 City Review of Schematic Design 15 June 15, 2014 Task IV Design Development Submittal 60 August 15, 2014 City Review of Design Development 15 September 1, 2014 Task V 90% Construction Documents Submittal 60 November 1, 2014 City Review of 90% Construction Documents 15 November 15, 2014 100% Construction Document Submittal 30 December 15, 2014 City Release of 100% Construction Documents 15 January 1, 2015 Task VI Bidding /Advertise for Bids Week One Advertisement #1 Week Two Advertisement #2 Week Three Pre Bid Meeting Week Four Issue Any Final Addenda 30 February 1, 2015 Task VI Award Contract/Begin Construction 30 March 1, 2015 Substantial Completion/Punch List Project Closeout 360 March 1, 2016 Punch List Complete/Project Closeout 30 April 1, 2016 City Use of Park for Staff Training 30 May 1, 2016 Open to Public 15 May 15, 2016 Notes: Once the Conceptual Design is approved the Consultant and City will determine if any portions of the project are feasible for completion by May 2015. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Engineer does not control EXHIBIT D Fee Schedule As per the standard engineering services contract and the attached exhibits — Engineer will accomplish the services for the lump sums outlined below: Professional Fees Summary Task Engineer Fee Cost Sub Consultants Fee Cost Total Fee Cost Task I: Coordination and Design Management $32,400 $0 $32,400 Task II: Programming & Conceptual Design $16,500 $15,900 $32,400 Task III: Schematic Design $66,000 $63,600 $129,600 Task IV: Design Development $66,600 $95,400 $162,000 Task V: Construction Documents $66.600 $95,400 $162,000 Task VI: Bidding and Contract Award $16,500 $15,900 $32,400 Task VII: Basic Construction Phase Services $65,400 $31,800 $97,200 GRAND TOTAL LUMP SUM: $330,000 $318,000 $648,000 Notes: 1) Site visits included in the above are as follows: Kimley-Horn (Engineer) Forty-one (41) Pool Mechanical Sub-Consulkinl Eight (8)) Support Building Architect Sub -Consultant Eight (8) MEP/HVAC Sub -Consultant Six (6) 1 of 2 Kimley-Horn and Associates, Inc. Standard Hourly Rate Schedule Senior Professional I $190 - $225 Senior Professional II $170 - $210 Professional $135 - $175 Analyst $135 - $150 Designer $95 - $160 Technical Support $65 - $145 Clerical/Administrative Support $60 - $110 These rates are effective July 1, 2013 and subject to annual adjustment 2 of 2 EXHIBIT E Certificate of Insurance Attached Behind This Page 4R v CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Grayling Insurance Brokerage NAMEACT Jerry Noyola PHONE ExN: (770) 552-42255 FAX (AtNoi: (866)550-4082 450 Northridge Parkway Suite 102 Atlanta GA 30350 ADDRIESS:7erry.noyola@grey'ing.com INSURERS) AFFORDING COVERAGE NAMC8 INsuReRA:National Union Fire Ins. Co. 19445 A INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INsuReRa Commerce & Industry Insurance 19410 A INSURER C:NEM Hampshire Insurance Company P Y ,23841 A INsuRERDLexington Insurance Company 19437 A INSURER E : INSURER F: CLAIMS -MADE COVERAGES CERTIFICATE NUMBER:13-14 (Kimley Melanie 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 ADDL INSR SUBR YND POLICY NUMBER POLICY EFF JMWDDIYYYY) POLICY EXP (MMIDD/YYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X Y GL 9645227 4/1/2013 4/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence? $ 500, 000 CLAIMS -MADE X OCCUR MEDExp (Any one person} $ 25,000 X Contractual Liability PERSONAL & ACV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE OMIT APPLIES PER —I POLICY n 781:571: f LOC PRODUCTS-COMPIOP AGG $ 2,000,000 $ A AUTOMOBILEUABIUTY X X — ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON SWNED X Y CA 4982985 4/1/2013 4/1/2014 LCEOM NdE�DtSINGLELIMIT $ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per acddent) 8 (Per ac i tden,A3,IHGE $ $ B X UMBRELLA LAB EXCESS UA8 X own CLAIMS -MADE X Y BE 016395110 4/1/2013 4/1/2014 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 OED X RETENTIONS 10,000 $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOPARTNERJEXECUTtVE R/ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I ( yes, describe under DESCRIPTION OF OPERATIONS beau YIN , N NIA y WC 018112556 4/1/2013 4/1/2014 XTORY LIHlTI KC STATU- OTH- S ER EL EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability Y 016017332 & 001162363 12/1/2012 4/1/2014 Per Claim $4,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONSI VEHICLES (Attach ACORO 101, Additional Remarks Schedule, If more space is required) Re For All Projects with the City of Round Rock. The City of Round Rock, TX is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below will be provided. CERTIFICATE HOLDER CANCELLATION City of Round Rock, TX City Manager 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Collings/JERRY ACORD 25 (2010105) INSD25 minrkm m ©1988-2010 ACORD CORPORATION. All rights reserved. Tha At f1Rfl name and Win are. r ronlefebrehrl mark of Ar(1Rrl