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R-2014-1343 - 4/24/2014
RESOLUTION NO. R-2014-1343 WHEREAS, the City of Round Rock desires to retain engineering services for the Rock Hollow Drainage Improvements Project; and WHEREAS, URS Corporation has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with URS Corporation, 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 URS Corporation for the Rock Hollow Drainage Improvements 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 24th day of April, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: __Sirrt/' SARA L. W ITE, City Clerk 0112 1404; 00296708 "ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY EXHIBIT CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION ADDRESS: 9400 Amberglen Boulevard, Austin, TX 78729 PROJECT: Rock Hollow Drainage Lnprovements 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 0199.1488; 00295549 1 Rev. 04/13 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in. Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete . schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Sixty Thousand Nine Hundred Twenty and No/100 Dollars ($60,920.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. . The fee herein referenced may be adjusted .for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (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: Lance Shellenberger Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 218-6609 Fax Number (512) 218-5563 Email Address lshellenberger@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: Darrell L. Jones, PE Sr. Project Manager 9400 Amberglen Boulevard Austin, TX 78729 Telephone Number (512) 419-5897 Fax Number (512) 454-8807 Email Address Darrell.Jones@URS.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is -.at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) 13y 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 firlfrll 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 EngineeringServices contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire terrn while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days. prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or • unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Darrell L. Jones, PE Sr. Project Manager 9400 Amberglen Boulevard Austin, TX 78729 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the sante or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk URS CORPORATION By: Signature of Principal Printed Name: Stephan L. Sheets, City Attorney 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will provide the following information and other assistance to the Engineer (URS) that the City deems appropriate and necessary: 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of such information in a format chosen by the City. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provision of comments, if any, to the Engineer resulting from said reviews. EXHIBIT B Engineering Services 1. PROJECT DESCRIPTION The Rock Hollow subdivision is located adjacent to a reach of Chandler Branch upstream of AW Grimes Blvd. (see Figure 1). One tributary of Chandler Branch (Dam 14 Trib) enters the Chandler Branch floodplain at the SW corner of the subdivision. Another tributary (Trib 4) is adjacent to the east boundary of the subdivision. Per City of Round Rock (CoRR) experience, the fencing and some properties along the south side of the subdivision, parallel to Apollo Drive, are impinged upon by floods. CoRR would like to identify and possibly construct flood mitigation measure(s) to prevent this flooding and impingement by the ultimate 100 -year (one per cent annual exceedance probability) flood, if possible. URS has developed a scope of work (SOW) to perform study, selection, and design of these mitigation measures. The project limits are generally the ultimate 100 -year floodplain associated with the following three (3) reaches, as shown in the attached Figure 1: • Approximately 2300 ft east -west reach of Chandler Branch upstream from the Grimes Blvd. bridge and located south of the Rock Hollow (formerly Rhodes) Subdivision; • Approximately 1600 ft north -to -south reach (Trib 4) located just east of the Rock Hollow Subdivision. • Approximately 1200 ft reach (Dam 14 Trib) within the overbank of Chandler Branch, which includes the Rock Hollow park and ponds, located on the south side of the Rock Hollow Subdivision. The purpose of this project is to determine the existing and ultimate 100 -yr floodplains and to determine, and possibly design and construct improvements necessary to remove any houses and even entire properties from these floodplains. Generally, this scope includes data collection, I-I&H modeling, drainage improvement alternatives modeling, and reporting to provide solutions for 100 -year events in and around the Rock Hollow Subdivision. Future tasks that may be developed via supplemental services include preliminary/concept design, final design, and bid/construction phase services. The scope of the project has been broken into discrete tasks as described in the following sections. 2. SCOPE OF WORK The Scope of Work for this project has been divided into the following tasks: • Task 1: Field/Record Data Review • Task 2: Hydraulic Model Calibration • Task 3: Identification and Selection of Alternatives B-1 • Task 4: Meetings and Project Management • Task 5: Concept Design Development (not included at this time) • Task 6: Design Workshop (not included at this time) • Task 7: Final Design (not included at this time) • Task 8: Bid -Phase Services (not included at this time) • Task 9: Construction Phase Services (not included at this tine) Tasks 5-9 will be implemented through future contract or supplemental addendum, if desired by CoRR. The task descriptions, assumptions, and anticipated other direct costs (ODCs) associated with each task are presented in the following sections. URS' estimates of labor and ODCs are based on the assumptions for each task. 2.1 Work Breakdown Structure Tasks and Description 2.1.1 Task 1: Field / Record Data Review Task Description: URS already has the following data and models on hand: • HEC -HMS model of the study area • HEC -RAS models for Chandler Branch, and associated Dani 14 Trib and Trib 4. • Hydrologic models for recent major stone events, to include June 2007; Tropical Storm Hermine (September 2010); and July 2012. URS will review available existing data from CoRR as it relates to the existing floodplain and topography. The following services will also be initiated during this task: • Field/Record Data Review — URS will review the existing file provided by the City on previous high water events, as well as previous analyses and records. URS will attempt to obtain electronic data, but it is assumed that topos and cross-section data from previous analyses are only available in hard copy, and if deemed useful, will need to be digitized for use in the modeling efforts. • H&H Field Investigation — URS will conduct a hydrologic/hydraulic site visit to better identify the flow conditions and parameters for modeling, such as determination of mannings 'n', and to potentially identify adjustments to the model that are necessitated based on observed field conditions. Brief field notes will be developed. • US Army Corps of Engineers (USACE) Field Investigation — URS environmental specialists will conduct a site visit to assess existing conditions of the project area. The site visit will determine the jurisdictional boundaries of the US Army Corps of Engineers. This will include determination of the extent of waters of the U.S. and ordinary high water marks (OHWM), if present or applicable, and/or identification of potential threatened and endangered species habitat and an assessment of the presence of wetlands. This determination will be used with later modeling alternatives to identify areas to avoid or to identify permitting requirements. Brief field notes will be developed. • Surveying— Our surveying partner, Baker-Aicklen (B -A), will conduct limited surveying, primarily geared to identify key control structures previously identified and discussed with the B-2 City. B -A will also obtain rights -of -entry as required for both surveying and URS site walks, as well as survey the OHWM. Details of their scope are listed in their proposal in Attachment 1. • Geographic Information System (GIS) — Data collected will be combined with publicly available datasets (aerial photos, shape files from existing hydrologic/hydraulic models, etc.) into a project GIS. The GIS terrain model used for the H&H model will be assessed and may require updating/adjustment based on the results of field investigation, record information, and survey results. Assumptions: For cost effectiveness, URS will use the available existing data; existing available cross-sections, LIDAR, and available topography, for modeling of existing/ultimate conditions, as well as for alternative solutions. It is anticipated that more detailed topographic surveys may be necessary in the future to facilitate preliminary/final design tasks if such tasks are added through supplemental or other future contract mechanisms. 2.1.2 Task 2: H&H — Uadate 3 Hydraulic Models URS will perform the following tasks to refine the hydraulic models associated with the project area. Estimate June 2007 Peak Flows: The existing (2014) hydrologic model for the June 2007 flood will be run to estimate flood flows from this event through the project area. Estimate June 2007 Flood Extent:. Estimate June 2007 flood extent per existing (2014) hydraulic models for Chandler Branch, Dam 14 Trib and Trib 4. The models will be run both in steady and unsteady flow mode. The purpose for the unsteady flow modeling will be to allow adjustment of the model to replicate observed persistence of flooding (the June 2007 flood observation shows extensive flooding well after the flood peak). Adjust hydraulic models. The hydraulic models will be adjusted in the project area to replicate the observed high water extent observed during and following this event. The potential model adjustments may include: • Addition of new cross-sections, realignment of existing hydraulic model cross-sections to capture potential significant flow variations within the study area; • Adjustment of hydraulic roughness values; and • Adjustments to bridge hydraulic modeling scheme to reflect potential flood conditions (debris/sediment blockage) Adjust Statistical Flood Extents: Prepare existing 100 -year and ultimate 100 -year flood extents using proposed calibrated hydraulic model. Calibration Mlemor andmn and Meeting: Following completion of a draft model recalibration, a status memorandum will be prepared and provided to CoRR. A meeting will be held with CoRR staff to discuss findings and review comments. Following this meeting the model calibration will be finalized. 2.1.3 Task 3: Identification and Selection of Alternatives Alternatives Development: During Task 3, a suite of potential mitigation actions will be developed for potential analysis, concept design, and for further development of benefits and cost estimation. These potential actions will be presented in an Alternate Development memorandum. This memorandum will B-3 document: 1) proposed design criteria for concept designs, 2) proposed method to compare alternatives' benefits, and 3) proposed cost estimation methods to be used. Ahernatives Analysis and Concept design: Each alternative, consisting of either a single or a combination of mitigation actions, will undergo concept design per CoRR-defined criteria. The concept design of each alternative is expected to consist of the following subtasks: • Identification of design flows. This may involve adjustment of the hydrologic model if detention is an action in the alternative; • Sizing of actions to meet design criteria (e.g. maximum flood elevations). This will involve adjustment of the existing condition hydraulic model to include the proposed action Interim Status Meeting: A meeting will be held with CoRR staff to discuss concept design action dimensions and configurations prior to development of costs. Finalize Concept design(s): Based on interim status meeting, make adjustments discussed during status meeting. Cost Estimation for Selected Concept Designs: A feasibility level (Class 4) cost estimate will be developed for each alternative selected by CoRR. Estimation ofAlternatives Benefits: For the suite of potential tnitigation actions identified, URS will assess for each action, or combination of actions, some or all of the following: 1. Achieving goal of removing property boundaries and/or FFE from ultimate and existing 100 -yr floodplains; 2. Associated permitting issues (USACE, TCEQ, FEMA); 3. Required easements or ROW acquisition; 4. Utility impacts; 5. Rough order of magnitude and/or relative scenario costs; 6. CoRR Rock Hollow park/aesthetic and tree removal impacts. Other areas of assessment may be included based upon input from CoRR. Selection ofAlternalive: URS will meet with CoRR, with the purpose of selecting alternatives) and/or action(s) for possible advancement to design. Alternative Selection Memorandum: URS will develop and submit a brief memorandum documenting the selected alternative. This memorandum will provide a brief account and reference to alternatives considered, but will focus on the selected alternative, and list of desired design/construction features to be included in the selected alternative. The City may wish to add to this component list, a desired list of O&M items or other area/regional items for inclusion. 2.1.4 Task 4: Meetings and Proiect Manaaemetl Task Description: This task involves project management tasks such as contracting, sub -contracting, schedule and budget tracking, invoice review, etc. This also includes budget for one additional status meeting of approximately 2 hours. This task also includes development of a safe work plan for the field investigation portion of the work; this will be able to be used in subsequent tasks as necessary. B-4 Assumptions: • URS has assumed a 3 -month duration for the above services. 3. KEY PERSONNEL The URS Project Manager for this work will be Mr. Darrell Jones, P.E. (Telephone: 512-419-5897, e- mail: Darrel .Jones@URS.com). A summary of the proposed engineering team including names and titles are presented in Table B-2. TABLE B-2 SUMMARY OF PROPOSED ENGINEERING TEAM PERSONNEL NAME TITLE Darrell Jones, PE Project Manager Jeff Irvin, PE H&H Discipline Lead Mike Lenherr, PE Project Engineer Chris Wright, PE H&H Engineer Luke Lunsford H&H EIT 4. PROPOSAL DATE This proposal is submitted March 20, 2014. B-5 Figure 1 Rock Hollow Study Area Legend Scope_Boundary Parcels TM5_100yr_Floodplain 1 1 1 \ 1 \ 1 \\\\ / \\ / / / i / I ► ► AR. MIJOIX], try ROCK HOLLOW DRAINAGE IMPROVEMENTS ATTACHMENT 1 TO EXHIBIT B BAKER-AICKLEN SCOPE OF WORK (4 pages behind this sheet) ABAKER-AICKLEN & ASSOCIATES, INC, E -!.nam -c i Sun.oyo i GIS 1 Mare,cra 1 la-cv c:a Arc,r,ett TBPE #F-45 / TLSF #100231 / TBAE #1787 LIMITED SERVICES AUTHORIZATION Design Professional Firm: Date: BAKER-AICKLEN & ASSOC., INC. Client: URS Corporation 507 West Liberty Avenue Attn: Darrell Jones Round Rock, Texas 78664 9400 Amberglen Blvd. March 5, 2014 Austin, Texas 78729 Project Name/Location: Rock Hollow @ Chandler Branch, Round Rock, Texas Phone/Fax: P: 512.419.5897 F: 512.454.8807 Email: danell jonesna,urs.com Contract No. 14-30181? Scope/Intent and Extent of Services: Prepare a survey that displays: (See attached aerial) 1. Finished floor elevations on twenty-two homes on Apollo Circle and seven (7) homes on Water Spaniel Way. *Elevations to be acquired by reflectorless method. which will not require accessinz private properties and obtaining right-of-way to properties. 2. Detail of the outlet structure for Pond 1. 3. Detail of the culvert at the pedestrian bridge at the northwest end of Pond 1. 4. Detail of the outlet structure and confining berm for Pond 2. 5. Detail of the inlet structure at the northwest end of Pond 2. 6. Detail of the culvert/crossing in driveway to Rhoades property. 7. A topographic survey of area between the east edge of Pond 1 and the east edge of Pond 2 and between the south boundary line to the north and the tree line to the south. 8. The ordinary high water marks as identified by client. 9. Baker-Aicklen will make up to three (3) attempts to acquire right -of -entry into properties as needed by certified mail, letter by regular mail and phone call. ($160.00 per parcel) * It is anticipated, that the right-of-way entry will only be required for one property (Mr. Rhoades). Fee Arrangement: Fixed Fee basis for Item #1-8 in the amount of $7,330.00 and Item #9 for $160.00 per parcel. plus reimbursable expenses. REIMBURSABLE EXPENSES: Expenses in connection with cosi of Surveying field office, reproduction, subcontracts, City fees, etc. Special Conditions: 1. Assisting the Client in resolution of any boundary conflicts or discrepancies identified during the course of the survey will be handled as an additional service. 2. Any requested services not specifically covered by the above listed Scope of Services will be provided on an actual time and materials expended basis in accordance with the attached Standard Rate Schedule. Prepared by: Parker J. Graham, RPLS / Survey Manager (printed name/title) Offered 5/14 The Professional Services Agreement as well as the attached rate schedule are a part of this Agreement. Accepted by: (signature) date (signature) date R. David Strutton, Vice President (printed name/title) (printed name/title) Baker-Aicklen & Associates, Inc. (name of Design Professional Firm) (name of Client) eoevc 1,9 • • • • • • 0 0 • • • • • • • • • 0 0 Rock Hollow 0 • Survey_Required 491 co 0- • 0 STANDARD RATE SCHEDULE Labor Rate Table 60 Effective January 1, 2013 the following rates are recommended for work performed on an hourly -charge basis. Rates include company overhead and profit for services accomplished during regular working hours. DIRECT LABOR OFFICE PERSONNEL SERVICES Classification Rates Sr. Project Manager $175 per hour Managing Planner $170 per hour Managing Landscape Architect $170 per hour Managing Surveyor/GIS $170 per hour Managing Construction Manager $170 per hour Project Manager $160 per hour Sr. Landscape Architect $150 per hour Sr. Project Engineer/Surveyor/Planner $150 per hour Construction Manager $150 per hour Sr. Project Engineering/Surveying/Planning/GIS Coordinator $140 per hour Project Engineer/Surveyor/Planner $130 per hour Project Engineering/Surveying/Planning/GIS Coordinator $130 per hour Sr. Project Engineering/Surveying/Planning/GIS Designer $120 per hour Sr. Project Engineering/Surveying/Planning/GIS Associate $115 per hour Project Engineering/Surveying/Planning/GIS Designer $110 per hour Project Landscape Architect $110 per hour Engineering/Surveying/Planning/GIS Associate $105 per hour Engineering/Surveying/Planning/GIS Assistant $100 per hour Sr. Engineering/Surveying/GIS CAD Technician $90 per hour Engineering/Surveying/GIS CAD Technician $85 per hour CAD/GIS Computer Operator $70 per hour Administrative Assistant $70 per hour Expert Witness/Testimony/Deposition Services Double Rate Department Manager $175 per hour Principal (as appropriate) $240 per hour FIELD PARTY SERVICES Rates 1 -Man Field Party $85 per hour 2 -Man Field Party $150 per hour 3 -Man Field Party $185 per hour 4 -Man Field Party $225 per hour DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles Charged at current IRS allowable rate By Firm's Survey Trucks (Notes 1, 2, & 3) Charged at current IRS allowable rate Direct Expense - Reproduction & Printing by Firm, Prevailing Survey Stakes, Lathes, Iron Rods, Commercial Rates Or Subsistence of out -of -city services, and other Direct Expense Cost Plus 15% * Not default rates. These rates arc used as required in special situations only and with Client notification. NOTES: I. Field Party rates include equipment, supplies and survey vehicles. Abnormal use of stakes, lathes, etc., used such as during the construction phase of a project will be charged as indicated. 2. Field party time charge will be made for show -up time and return to office, resulting from inclement weather conditions, etc. 3. Field Party stand-by time will be charged for at the above -shown appropriate rates. 4. The firm's professional liability is limited to the total amount of compensation under the Professional Services Agreement to a maximum of $50,000. 04.01-13 BAKER-AICKSOCIATES, LINC.EN & AS -fi'lws%n1Grvwa+.; GIS F-.��rv.e. L'.::n_ :�'..l.v:•..:F.. EXHIBIT C Work Schedule URS is prepared to start work within one week after notice -to -proceed is received from CoRR. The schedule below provides approximate durations associated with the anticipated milestones: • Contract Award/Notice to Proceed • URS Start —1 week • Task 1 — Field/Record Data Review and Survey submittal — 4 weeks; • Task 2 — Adjust/calibrate models; prepare 100 -yr flood maps/extents — 2weeks; • Task 2 - Develop status memo/meeting with CoRR —1 week; • Task 3 - Final model calibration; develop alternatives/modeling — 2 weeks; • Task 3 — Develop exhibits / meeting with CoRR — 1 week; • Task 3 - Adjustments to final alternatives / estimated benefits and costs / meeting with CoRR — 2 weeks; • Task 3 - Alternative selection memorandum — 1 week; EXHIBIT D Fee Schedule Item Task Totl Hours Loaded Labor Cost Other Direct Costs Subs (incl. 5% markup) Totals 1 Task 1- Field/ Record Data Review 2 City record info (scan/digilize; utilities; subdivision/esmts, etc); field/record data review 26 $3,185.55 $50.00 $3,235.55 3 H&H Field Survey (mannings 'n'; field input for model); field notes 28 $2,806.11 $2.806.11 4 GIS Data Assembly 4 $247.33 5247.33 5 Survey for model input (Subconsultant - Baker Aicklen) 3 $454.48 38,200.50 38,654.98 6 Terrain Model / GIS modification/survey info/input 11 $1,343.64 $1,343.64 7 Field Investigation for USACE jurisdiction / survey coord; field notes 39 $3,197.63 $50.00 $3,247.63 8 TASK 1 TOTAL 111 $ 11,235 $ 100 $ 8,201 $ 19,535 9 Task 2 - HSH - Update 3 Models 10 Estimate June 2007 Peak Flows 13 $1,021.18 $1,021.18 11 Estimate June 2007 Flood Extent 22 $1,792.95 31,792.95 12 Adjust Hydraulic Models 21 $1,523.08 $1,523.08 13 Adjust statistical flood extents 16 $1,256.35 31,256.35 14 Calibration memo/ meet with CORR staff 32 53,250.33 $50.00 $3,300.33 15 Finalize model calibration 8 3758.07 $758.07 17 TASK 2 TOTAL 112 $ 9,602 $ 60 S - $ 9,652 18 Task 3 - ID and Selection of Alternatives 19 Alternatives Development Memo 16 $1,634.82 $1,634..82 20 Alternatives Analysis/ concept design 52 54,599.43 54,599.43 21 Interim Status meeting with CORR staff 14 $1,508.34 $1,508.34 22 Alternatives Cost estimates 22 32,035.17 $2,035.17 23 Estimation of Benefits 22 $2,069.61 $2,069.61 24 Alternative selection - meeting 24 $2,668.81 $2,668.81 25 Altematives memorandum 40 $3,968.85 $50.00 54,018.85 26 TASK 3 TOTAL 190 $ 18,485 $ 50 $ - $ 18,535 27 Task 4- Meetings and Project Management 28 - Project Setup 50.00 29 Project/Contract Setup and Project Execution Plan (PXP) and Safe Work Plan 33.5 53,792.49 $3,792.49 30 Subcontract Preparation 13 51,313.31 51,313.31 31 internal Kickoff Meeting 3 $332.25 5332.25 32 - 50.00 33 - Meetings $0.00 34 Kick-off Meeting 15 $1,846.88 51.846.88 35 Additional Progress Meeting (1 meeting) 12 51,460.80 $1,460.80 36 Meeting Minutes 2 $239.00 $239.00 37 50.00 38 - On-going Project Management (3 Months) $0.00 39 Subcontractor Invoicing 9 $985.15 5985.15 40 Client invoicing and Monthly Reporting 14 $1,532.31 $1,532.31 41 Budget and Schedule Management 15 51,695.20 51,695.20 42 TASK 4 TOTAL 116.5 $ 13,197 $ - $ - $ 13,197 43 44 GRAND TOTAL 530 $ 52,618 $ 200 $ 8,201 $ 60,920 EXHIBIT E Certificates of Insurance Attached Behind This Page ACY)26� CERTIFICATE OF LIABILITY INSURANCE k....----.. DATE (MtNDD1YTYY) 020/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(los) 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 MARSH RISK 8 INSURANCE SERVICES 345CALIFORNIIASTREET, SUITE 1300 CAUFORNIA LICENSE NO. 0437153 SAN FRANCISCO, CA 94104 URSCOR-ALL-PROF-13-15 Aus IX NOC INSURED URS Corporation 9400Amberglen WI.INSURERC Ausinn, TX 78729 CONTACT — tt FAX !NC No.tiii1. i.inlc Not EMAIL ADDRESS: LIMITS INSURERS AFFORDING COVERAGE INSURER A: WA INSURER 8. WA NAM 0 NIA NIA • WA INSURER D: WA NIA WA 19437 USURER E : Lei&glal Insurance Company INSURER F ; LW1ds Of London & Brdch Companies 5 _ _ $ 15792 NUMBER: SEA -002455072-01 REVISION NUMBER:1 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. NISR LTR TYPE OF INSURANCE AODL IN;cR SUDR ?ND POLICY RIMIER POLICY EFF (MMdDbJYYYY1 POLICY EXP (MMrBDJYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE To MATED PRErMISES (Ea occurrence.) 5 _ _ $ _ CLAIMS -!.UDE n OCCUR LIED EXP (My one person) 5 _.. PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE 5 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S POLICY r.__ ICI I --_.-1 LDC 5 AUTOLIOBILE LIABILITY COMBINED SINGI E. LIMIT (Ea accidend $ ---- ANY AUTO BODILY INJURY (Per person) 5 -- ALL OWNED AUTOS __ SCHEDULED AUTOS BODILY INJURY (Per sWdeni) $ ._........ _ _. _--- _.... HIRED AUTOS Amos (Per ac nt)DAMAGE 5 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -LADE AGGREGATE 5 DED 1 RETEUTON$ $ WORKERS COMPENSATION We STATU• I DTH• ,5 I ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y ---. _TCRYlr? E.L. EACH ACCIDENT — - 5 - --- - - - ----- ----- __..... OFFICERJMEL'BER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA E.L. DISEASE- EA EMPLOYEE EA. DISEASE - POLICY LFL'lT S $ E F Prof. Liab wA.Jotd Contractual C!aims (dale! Retro 11-17.1938 015438088 PPI307135 09,0112013 0910172013 0'1'01!2014 0101/2014 Each Claim $1,000,090 Aggregale $1,000,030 DESCRIPTION OF OPERATIONS !LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space Is require d1 Re: Rack Hob e/ Drainage Improvements. CERTIFICATE HOLDER CANCELLATION City of Round Rock Alin: City Manager 221 East Main Street Rourd Rock, TX 78E84 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 of Marsh rusk S. Insurance Services Lynne Harrington ACORD 25 (2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD E-1 INSURER CANCELLATION TERMS NAMED INSURED: URS Corporation HOLDER NAME: City of Rotind Rock POLICY NO: Various CANCELLATION TERMS: 30 Days Notice of Cancellation will be provided by the carriers in accordance with the policy terms and conditions In the event the policies are canceled or non -renewed, for any reason other than non-payment of premiums. CANCELLATION TERMS, Aro2y-roi.rkE-:roa: wi ''9‘.COVERA-10EY: ProfeaslopatLIthiIt E-2 EXECUTED DOCUMENT FOLLOW CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION ADDRESS: 9400 Amber glen Boulevard, Austin, TX 78729 PROJECT: Rock Hollow Drainage Improvements THE STATE OF TEXAS COUNTY UT WILLIAMSON ("Engineer") THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the Z9 day of PTAL , 2014 by and between the CITY OF ROUND ROCK, a Texas home- role 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 municipalitiesof 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 then 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 0199.1488; 00295549 1 R-2014-1343 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 frilly 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 forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Sixty Thousand Nine Hundred Twenty and No/100 Dollars ($60,920.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written 'Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (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: Lance Shellenberger Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 218-6609 Fax Number (512) 218-5563 Email Address lshellenberger@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: Darrell L. Jones, PE Sr. Project Manager 9400 Amberglen Boulevard Austin, TX 78729 Telephone Number (512) 419-5897 Fax Number (512) 454-8807 Email Address Darrell.Jones@URS.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services.. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at. City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the , premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any planner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall -furnish City with satisfactory proof ofhis/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the EngineeringServices contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which niay 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 oldie 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 Alt 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: Darrell L. Jones, PE Sr. Project Manager 9400 Amberglen Boulevard Austin, TX 78729 ARTICLE 33 GENERAL PROVISIONS (1) Tinie 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, iti 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,$QUND ROCK, TEXAS By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk URS CO&PORATIO By: S.,{fiature of Principal Hinted Name: James D. Etherton, Vice President APP' • ED • S TO ORM: Stephat 15 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 16 EXHIBIT A City Services The City will provide the following information and other assistance to the Engineer (URS) that the City deems appropriate and necessary: 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of such information in a format chosen by the City. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provision of comments, if any, to the Engineer resulting from said reviews. EXHIBIT B Engineering Services 1. PROJECT DESCRIPTION The Rock Hollow subdivision is located adjacent to a reach of Chandler Branch upstream of AW Grimes Blvd. (see Figure 1). One tributary of Chandler Branch (Dam 14 Trib) enters the Chandler Branch floodplain at the SW corner of the subdivision. Another tributary (Trib 4) is adjacent to the east boundary of the subdivision. Per City of Round Rock (CoRR) experience, the fencing and some properties along the south side of the subdivision, parallel to Apollo Drive, are impinged upon by floods. CoRR would like to identify and possibly construct flood mitigation measure(s) to prevent this flooding and impingement by the ultimate 100 -year (one per cent annual exceedance probability) flood, if possible. URS has developed a scope of work (SOW) to perform study, selection, and design of these mitigation measures. The project limits are generally the ultimate 100 -year floodplain associated with the following three (3) reaches, as shown in the attached Figure 1: • Approximately 2300 ft east -west reach of Chandler Branch upstream from the Grimes Blvd. bridge and located south of the Rock Hollow (formerly Rhodes) Subdivision; • Approximately 1600 ft north -to -south reach (Trib 4) located just east of the Rock Hollow Subdivision. • Approximately 1200 ft reach (Dam 14 Trib) within the overbank of Chandler Branch, which includes the Rock Hollow park and ponds, located on the south side of the Rock Hollow Subdivision. The purpose of this project is to determine the existing and ultimate 100 -yr floodplains and to determine, and possibly design and construct improvements necessary to remove any houses and even entire properties from these floodplains. Generally, this scope includes data collection, H&H modeling, drainage improvement alternatives modeling, and reporting to provide solutions for 100 -year events in and around the Rock Hollow Subdivision. Future tasks thatmay be developed via supplemental services include preliminary/concept design, final design, and bid/construction phase services. The scope of the project has been broken into discrete tasks as described in the following sections. 2. SCOPE OF WORK The Scope of Work for this project has been divided into the following tasks: • Task 1: Field/Record Data Review • Task 2: Hydraulic Model Calibration • Task 3: Identification and Selection of Alternatives B-1 • Task 4: Meetings and Project Management • "Task 5: Concept Design Development (not included at this time) • Task 6: Design Workshop (not included at this time) • Task 7: Final Design (not included at this time) • Task 8: Bid -Phase Services (not included at this time) • Task 9: Construction Phase Services (not included at this time) Tasks 5-9 will be implemented through future contract or supplemental addendum, if desired by CoRR. The task descriptions, assumptions, and anticipated other direct costs (ODCs) associated with each task are presented in the following sections. URS' estimates of labor and ODCs are based on the assumptions for each task. 2.1 Work Breakdown Structure Tasks and Description 2.1.1 Task 1: Field / Record Data Review Task Description: URS already has the following data and models on hand: • HEC -HMS model of the study area • HEC -RAS models for Chandler Branch, and associated Dam 14 Trib and Trib 4. • Hydrologic models for recent major storm events, to include June 2007; Tropical Storm Hermine (September 2010); and July 2012. URS will review available existing data from CoRR as it relates to the existing floodplain and topography. The following services will also be initiated during this task: • Field/Record Data Review — URS will review the existing file provided by the City on previous high water events, as well as previous analyses and records. URS will attempt to obtain electronic data, but it is assumed that topos and cross-section data from previous analyses are only available in hard copy, and if deemed useful, will need to be digitized for use in the modeling efforts. • H&H Field Investigation — URS will conduct a hydrologic/hydraulic site visit to better identify the flow conditions and parameters for modeling, such as determination of mannings 'n', and to potentially identify adjustments to the model that are necessitated based on observed field conditions. Brief field notes will be developed. • US Army Corps of Engineers (USACE) Field Investigation— URS environmental specialists will conduct a site visit to assess existing conditions of the project area. The site visit will determine the jurisdictional boundaries of the US Army Corps of Engineers. This will include determination of the extent of waters of the U.S. and ordinary high water marks (OHWM), if present or applicable, and/or identification of potential threatened and endangered species habitat and an assessment of the presence of wetlands. This determination will be used with later modeling alternatives to identify areas to avoid or to identify permitting requirements. Brief field notes will be developed. • Surveying— Our surveying partner, Baker-Aicklen (B -A), will conduct limited surveying, primarily geared to identify key control structures previously identified and discussed with the B-2 City. B -A will also obtain rights -of -entry as required for both surveying and URS site walks, as well as survey the OHWM. Details of their scope are listed in their proposal in Attachment 1. • Geographic Information System (GIS) — Data collected will be combined with publicly available datasets (aerial photos, shape files from existing hydrologic/hydraulic models, etc.) into a project GIS. The GIS terrain model used for the H&H model will be assessed and may require updating/adjustment based on the results of field investigation, record information, and survey results. Assumptions: For cost effectiveness, URS will use the available existing data; existing available cross-sections, LIDAR, and available topography, for modeling of existing/ultimate conditions, as well as for alternative solutions. It is anticipated that more detailed topographic surveys may be necessary in the fixture to facilitate preliminary/final design tasks if such tasks are added through supplemental or other future contract mechanisms. 2.1.2 Task 2: H&H — Update 3 Hydraulic Models URS will perform the following tasks to refine the hydraulic models associated with the project area. Estimate June 2007 Peak Flows: The existing (2014) hydrologic model for the June 2007 flood will be run to estimate flood flows from this event through the project area. Estimate June 2007 Flood Extent:. Estimate June 2007 flood extent per existing (2014) hydraulic models for Chandler Branch, Dani 14 Trib and Trib 4. The models will be run both in steady and unsteady flow node. The purpose for the unsteady flow modeling will be to allow adjustment of the model to replicate observed persistence of flooding (the June 2007 flood observation shows extensive flooding well after the flood peak). Adjust hydraulic models. The hydraulic models will be adjusted in the project area to replicate the observed high water extent observed during and following this event. The potential model adjustments may include: • Addition of new cross-sections, realignment of existing hydraulic model cross-sections to capture potential significant flow variations within the study area; • Adjustment of hydraulic rougluress values; and • Adjustments to bridge hydraulic modeling scheme to reflect potential flood conditions (debris/sediment blockage) Adjust Statistical Flood Extents: Prepare existing 100 -year and ultimate 100 -year flood extents using proposed calibrated hydraulic model. Calibration Memorandum and Meeting: Following completion of a draft model recalibration, a status memorandum will be prepared and provided to CoRR. A meeting will be held with CoRR staff to discuss findings and review comments. Following this meeting the model calibration will be finalized. 2.1.3 Task 3: Identification and Selection of Alternatives Alternatives Development: During Task 3, a suite of potential mitigation actions will be developed for potential analysis, concept design, and for further development of benefits and cost estimation. These potential actions will be presented in an Alternate Development memorandum. This memorandum will B-3 document: 1) proposed design criteria for concept designs, 2) proposed method to compare alternatives' benefits, and 3) proposed cost estimation methods to be used. Alternatives Analysis and Concept design: Each alternative, consisting of either a single or a combination of mitigation actions, will undergo concept design per CoRR-defined criteria. The concept design of each alternative is expected to consist of the following subtasks: • Identification of design flows. This may involve adjustment of the hydrologic model if detention is an action in the alternative; • Sizing of actions to meet design criteria (e.g. maximum flood elevations). This will involve adjustment of the existing condition hydraulic model to include the proposed action Interim Status Meeting: A meeting will be held with CoRR staff to discuss concept design action dimensions and configurations prior to development of costs. Finalize Concept design(s): Based on interim status meeting, make adjustments discussed during status meeting. Cost Estimation for Selected Concept Designs: A feasibility level (Class 4) cost estimate will be developed for each alternative selected by CoRR. Estimation ofAlterualives Benefits: For the suite of potential mitigation actions identified, URS will assess for each action, or combination of actions, some or all of the following: 1. Achieving goal of removing property boundaries and/or FEE from ultimate and existing 100 -yr floodplains; 2. Associated permitting issues (USACE, TCEQ, FEMA); 3. Required easements or ROW acquisition; 4. Utility impacts; 5. Rough order of magnitude and/or relative scenario costs; 6. CoRR Rock Hollow park/aesthetic and tree removal impacts. Other areas of assessment may be included based upon input from CoRR. Selection of Alternative: URS will meet with CoRR, with the purpose of selecting alternative(s) and/or action(s) for possible advancement to design. Alternative Selection Meurorandrurr: URS will develop and submit a brief memorandum documenting the selected alternative. This memorandum will provide a brief account and reference to alternatives considered, but will focus on the selected alternative, and list of desired design/construction features to be included in the selected alternative. The City may wish to add to this component list, a desired list of O&M items or other area/regional items for inclusion. 2.1.4 Task 4: Meetings and Project Management Task Description: This task involves project management tasks such as contracting, sub -contracting, schedule and budget tracking, invoice review, etc. This also includes budget for one additional status meeting of approximately 2 hours. This task also includes development of a safe work plan for the field investigation portion of the work; this will be able to be used in subsequent tasks as necessary. B-4 Assumptions: • URS has assumed a 3 -month duration for the above services. 3. KEY PERSONNEL The URS Project Manager for this work will be Mr. Darrell Jones, P.E. (Telephone: 512-419-5897, e- mail: DarrelLJones@URS.com). A summary of the proposed engineering team including names and titles are presented in Table B-2. TABLE B-2 SUMMARY OF PROPOSED ENGINEERING TEAM PERSONNEL NAME TITLE Darrell Jones, PE Project Manager Jeff Irvin, PE H&H Discipline Lead Mike Lenherr, PE Project Engineer Chris Wright, PE H&H Engineer Luke Lunsford H&H EIT 4. PROPOSAL DATE This proposal is submitted March 20, 2014. B-5 ,p z < _ k t � r r {� r' T i 1 1 r � r r° Figure 1 Rock Hollow 1 _ z, Study - i@ ` t I b . Leganil f![ Scope Boundary Parcels ' �� Floodplain 1 ` l t i T 0 205 410 t - sLAIc� 0 ROCK HOLLOW DRAINAGE IMPROVEMENTS ATTACHMENT 1 TO EXHIBIT B BAKER-AICKLEN SCOPE OF WORK (4 pages behind this sheet) BAKER-AICKLEN y a. ASSOCIATES, INC. E-•.nw c I=un.rron. , GIS , f&,. crG 1 Lo.^cv cv J+c-:cctt TBPE #F-45 / TLSF #100231 / TBAE #1787 LIMITED SERVICES AUTHORIZATION Design BAKER-AICKLEN & ASSOC., INC. Client: URS Corporation Professional 507 West Liberty Avenue Attn: Darrell Jones Firm: Round Rock, Texas 78664 9400 Amberglen Blvd. Date: March 5, 2014 Austin, Texas 78729 Project Name/Location: Rock Hollow @ Chandler Branch, Round Rock, Texas Phone/Fax: P: 512.419.5897 F: 512.454.8807 Email: darrell.jones(7a,urs.com Contract No. 14-3018R Scope/Intent and Extent of Services: Prepare a survey that displays: (See attached aerial) 1. Finished floor elevations on twenty-two homes on Apollo Circle and seven (7) homes on Water Spaniel Way. *Elevations to be acquired by reflectorless method, which will not require accessing private properties and obtaining right-of-way to properties. 2. Detail of the outlet structure for Pond 1. 3. Detail of the culvert at the pedestrian bridge at the northwest end of Pond 1. 4. Detail of the outlet structure and confining berm for Pond 2. 5. Detail of the inlet structure at the northwest end of Pond 2. 6. Detail of the culvert/crossing in driveway to Rhoades property. 7. A topographic survey of area between the east edge of Pond 1 and the east edge of Pond 2 and between the south boundary line to the north and the tree line to the south. 8. The ordinary high water marks as identified by client. 9. Baker-Aicklen will make up to three (3) attempts to acquire right -of -entry into properties as needed by certified mail, letter by regular mail and phone call. ($160.00 per parcel) * It is anticipated, that the right-of-way entry will only be required for one property (Mr. Rhoades). Fee Arrangement: Fixed Fee basis for Item #1-8 in the amount of $7,330.00 and Item #9 for $160.00 per parcel. plus reimbursable expenses. REIMBURSABLE EXPEA'SES: Expenses in connection with cost of Surveying field office, reproduction, subcontracts, City fees, etc. Special Conditions: 1. Assisting the Client in resolution of any boundary conflicts or discrepancies identified during the course of the survey will be handled as an additional service. 2. Any requested services not specifically covered by the above listed Scope of Services will be provided on an actual time and materials expended basis in accordance with the attached Standard Rate Schedule. Prepared by: Parker J. Graham, RPLS / Survey Manager (printed name/title) Offered 0 '�! l./�� 14 /5/14 The Professional Services Agreement as well as the attached rate schedule are a part of this Agreement. Accepted by: (signature) date (signature) date R. David Strutton, Vice President (printed name/title) (printed name/title) Baker-Aicklen & Associates, Inc. (name of Design Professional Firm) (name of Client) Chi Rock Hollow Legend 0 Survey_Required to a z ,4r STANDARD RATE SCHEDULE Labor Rate Table 60 Effective January 1, 2013 the following rates are recommended for work performed on an hourly -charge basis. Rates include company overhead and profit for services accomplished during regular working hours. DIRECT LABOR OFFICE PERSONNEL SERVICES Classification Rates Sr. Project Manager $175 per hour Managing Planner $170 per hour Managing Landscape Architect $170 per hour Managing Surveyor/GIS $170 per hour Managing Construction Manager $170 per hour Project Manager $160 per hour Sr. Landscape Architect $150 per hour Sr. Project Engineer/Surveyor/Planner $150 per hour Construction Manager $150 per hour Sr. Project Engineering/Surveying/Planning/GIS Coordinator $140 per hour Project Engineer/Surveyor/Planner $130 per hour Project Engineering/Surveying/Planning/GIS Coordinator $130 per hour Sr. Project Engineering/Surveying/Planning/GIS Designer $120 per hour Sr. Project Engineering/Surveying/Planning/GIS Associate $115 per hour Project Engineering/Surveying/Planning/GIS Designer $110 per hour Project Landscape Architect $110 per hour Engineering/Surveying/Planning/GIS Associate $105 per hour Engineering/Surveying/Planning/GIS Assistant $100 per hour Sr. Engineering/Surveying/GIS CAD Technician $90 per hour Engineering/Surveying/GIS CAD Technician $85 per hour CAD/GIS Computer Operator $70 per hour Administrative Assistant $70 per hour Expert Witness/Testimony/Deposition Services Double Rate Department Manager $175 per hour Principal (as appropriate) $240 per hour FIELD PARTY SERVICES Rates 1 -Man Field Party $85 per hour 2 -Man Field Party $150 per hour 3 -Man Field Party $185 per hour 4 -Man Field Party $225 per hour DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles Charged at current IRS allowable rate By Firm's Survey Trucks (Notes 1, 2, & 3) Charged at current IRS allowable rate Direct Expense - Reproduction & Printing by Firm, Prevailing Survey Stakes, Lathes, Iron Rods, Commercial Rates Or Subsistence of out -of -city services, and other Direct Expense Cost Plus 15% * Not default rates. These rates are used as required in special situations only and with Client notification. NOTES: 1. Field Party rates include equipment, supplies and survey vehicles. Abnormal use of stakes, lathes, etc., used such as during the construction phase of a project will be charged as indicated. 2. Field party time charge will be made for show -up time and return to office, resulting from inclement weather conditions, etc. 3. Field Party stand-by time will be charged for at the above -shown appropriate rates. 4. The firm's professional liability is limited to the total amount of compensation under the Professional Services Agreement to a maximum of $50,000. IBAKER AICKLEN 04-01-13 / & ASSOCIATES, INC. EXHIBIT C Work Schedule URS is prepared to start work within one week after notice -to -proceed is received from CoRR. The schedule below provides approximate durations associated with the anticipated milestones: • Contract Award/Notice to Proceed • URS Start — 1 week • Task 1 — Field/Record Data Review and Survey submittal — 4 weeks; • Task 2 — Adjust/calibrate models; prepare 100 -yr flood maps/extents — 2weeks; • Task 2 - Develop status memo/meeting with CoRR — 1 week; • Task 3 - Final model calibration; develop alternatives/modeling — 2 weeks; • Task 3 — Develop exhibits / meeting with CoRR — 1 week; • Task 3 - Adjustments to final alternatives / estimated benefits and costs / meeting with CoRR — 2 weeks; • Task 3 - Alternative selection memorandum — 1 week; EXHIBIT D Fee Schedule Item Task Total Hours Loaded Labor Cost Other Direct Costs Subs (incl. 5% markup) Totals 1 Task 1- Field/ Record Data Review 2 City record info (scan/digitize; utilities; subdivision/esmts, etc); field/record data review 26 $3,185.55 $50.00 $3,235.55 3 H&H Field Survey (mannings'n; field input for model); field notes 28 $2;806.11 52,806.11 4 GIS Data Assembly 4 $247.33 $247.33 5 Survey for model input (Subconsultant - Baker Aicklen) 3 $454.48 58,200.50 58,654.98 6 Terrain Model / GIS modification/survey info/input 11 51,343:64 $1,343.64 Field Investigation for USACE jurisdiction / survey coord; field notes 39 $3,197.63 550.00 $3,247.63 8 TASK 1 TOTAL 111 $ 11,236 $ 100 5 8,201 $ 19,535 9 Task 2 - H&H - Update 3 Models 10 Estimate June 2007 Peak Flows 13 $1,021.18 $1,021.18 11 ' Estimate June 2007 Flood Extent 22 $1,792.95 $1,792.95 12 Adjust Hydraulic Models 21 $1,523.08 $1,523.08 13 Adjust statistical flood extents 16 $1,256.35 $1,256.35 14 Calibration memo/ meet with CORR staff 32 53,250.33 $50.00 $3,300.33 15 Finalize model calibration 8 $758.07 $758.07 17 TASK 2 TOTAL 112 $ 9,602 $ 50 $ - $ 9,662 18 Task 3'-1D and Selection of Alternatives 19 Alternatives Developrnent Memo Alternatives Analysis/ concept design 16 52 $1,634.82 $4,599.43 $1,634.82 54,599.43 20 21 Interim Status meeting with CORR staff 14 $1,508.34 $1,508.34 22 Alternatives Cost estimates 22 $2,035.17 $2,035.17 23 -- Estimation of Benefits 22 $2,069.61 52,069.61 24 Alternative selection -meeting 24 52,668.81 52,668.81 25 Alternatives memorandum 40 53,968.85 $50.00 $4,018.85 26 TASK 3 TOTAL. 190 $ 18,485 $ 60 $ - $ 18,636 27 Task 4 - Meetings and Project Management 28 - Project Setup $0.00 29 Project/Contract Setup and Project Execution Plan (PXP) and Safe Work Pian 33.5 $3,792.49 $3,792A9 30 Subcontract Preparation 13 51,313.31 $1,313.31 31 Internal Kickoff Meeting 3 $332.25 $332:25 32 $0.00 33 - Meetings $0.00 34 Kick-off Meeting 15 $1,846.88 51,846.88 35 Additional Progress Meeting (1 meeting) 12 51,460.80 $1,460.80 36 Meeting Minutes 2 5239.00 $239.00 37 50.00 38 - On-going Project Management (3 Months) Subcontractor Invoicing 9 5985.15 $0.00 $985.15 39 40 Client Invoicing and Monthly Reporting 14 51,532.31 51,532.31 41 Budget and Schedule Management 15 51,695.20 $1,695.20 42 TASK 4 TOTAL 116.5 $ 13,197 $ - $ - $ 13,197 43 44 GRAND TOTAL 630 $ 62,519 $ 200 $ 8,201 $ 60,920 EXHIBIT E Certificates of Insurance Attached Behind This Page I t% Af.'C7R/7 CERTIFICATE OF LIABILITY INSURANCE ..�- L.----"" DATE (hlhlrDONYYYI 03120/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(los) 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 MARSH RISK $ INSURANCE SERVICES 345 CALIFORNIA STREET, SUITE 1300 CAUFORNIA LICENSE NO.0437153 SAN FRANCISCO, CA 94104 URSCOR-ALL-PROF-13-15 AusTX NOG INSURED URS Corporation 9400Amber0n Bttd. AuslA TX 78729 .CONTACT NAME: PRONE FAX INC. NP.1 EAU, (AJ Not _..._.._._..._ ..._. ADDRESS: LIMBS INSURERS AFFORDING COVERAGE INSURER A: NIA NAM 0 N1A N/A INSURER B: WA It1SURER C : WA N/A INSURER 0: N/A NWA 19437 INSURER E : Lexington Insurara Company INSURER F ; LIo)d'S 01 London & British Compan'es CLAIMS -NUDE n OCCUR 15792 COVERAGES CERTIFICATE NUMBER: SEA -002456072.01 REVISION NUMBER:1 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 LIR TYPE OF INSURANCE AI."1L �N 4 %WR vy;m POLICY HUMBER POUCY EFFR/TYY {LILIATDNYYY! P POLICY TYT (MM,DONYYY) LIMBS GENERAL --_. LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE78 REwns---_.. PRERq'6S (Ea occurrence) S -__ _ _ — $ CLAIMS -NUDE n OCCUR LIED EXP (My one person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEM. AGGREGATE LIMIT APPLIES___PER: PRODUCTS - COMP/OP AGO 5 POLICY I_IECT 1 LOC 1 AUTOMOBILE LIABILITY COMBINED SINGI.F. LIMIT (Ea acodentl 5 _ -__ ANY AUTO BODILY INJURY (Per person) S — ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ ..... _ HIRED AUTOS NEON OWNED AUTOS PROPERTY DAMAGE (Perautdo I)_ _..-------- s--------------------.. UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR I CLAIMS -MADE AGGREGATE S DED 1 1 REMIT ON $ WORKERS COMPENSATION I WC STATU- I 01H- I ER ANNDEMPLOYERS' UABIITY Y 1II ANYPROPRIETOR/PARTNERIEXECUTIVEEl, _-.TORYT.PHIc EACH ACCIDENT 5 OFFICER/MEL'.BEREXCLUDED? l J (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS bekw NIA E.L. DISEASE - EAEMPLOYEE E.L DISEASE- POLICY LINTY 5 5 E F Prot. LiabwM (d Contractual Calms Made/Retro 11-17.1938 015438088 • PP1307135 09,9172013 0901!2013 0391/2014 09,91/2014 Each Claim 51,00000 Aggregate 51,000,030 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space l required) Re: Rock Ho4rw Dra''nage Improvements. CERTIFICATE (HOLDER CANCELLATION City of Round Rock Alin: City Manager 221 East !,lain Street Round Rod, TX 78654 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T11E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk 8 Insurance Servlcos Lynne Harrington ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD E-1 INSURER CANCELLATION TERMS NAMED INSURED: URS CorpOration HOLDER NAME: pity -Of ROntiilltoolt CANCELLATION TERMS: POLICY NO: Various 30 Days Notice of Cancellation will be provided by the carriers In accordance with the policy terms and conditions In the event the policies are canceled or nen-renewed, for any reason other than non-payment of prerniums. -CANCELLATION TERMS -APPLY TosWi5:r0110Wili:19.0c5vORA-10 'Pro:PAO:opal Llabiiity E-2