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R-02-07-11-10D2 - 7/11/2002STATE OF TEXAS COUNTY OF WILLIAMSON Contract No. THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and WHM Transportation Engineering Consultants, Inc., having its principal business address at 2717 Rio Grande Street, Austin, Texas 78705, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: To provide professional traffic engineering services in preparation of a traffic signal design for the intersection of FM 3406 and Creek Bend Boulevard in Round Rock, Texas. AGREEMENT NOW, THEREFORE, the City and the Engineer, m consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. Page 1 of 15 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on June 30, 2003 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $600.00 for Stage 1 and $9,900.00 for Stage 2 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail Page 2 of 15 to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and /or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Page 3 of 15 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. Page 4 of 15 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. Page 5 of 15 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. Page 6 of 15 ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City Page 7 of 15 for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. Page 8 of 15 ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that 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, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. Page 9 of 15 The Engineer agrees to comply with the Special Provision Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. 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, 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. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 28 COMPUTER GRAPHICS FILES ARTICLE 29 SUCCESSORS AND ASSIGNS ARTICLE 30 SEVERABILITY ARTICLE 31 PRIOR CONTRACT SUPERSEDED ARTICLE 32 NOTICES WHM Transportation Engineering Consultants, Inc. Attn.: Heidi Ross 2717 Rio Grande St. Austin, TX 78705 Page 10 of 15 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. WHM Transportation Engineering Consultants, Inc. THE ENGINEER By: / i '^""e 7ht, U v Signature Mike Mclnturff, P.E. Printed Name President Title June 20, 2002 Date LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 11 of 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: Stage 1: 1. Verification that traffic counts for FM 3406 and Creek Bend Blvd were submitted to TxDOT for completion of the traffic signal warrant analysis. Stage 2: 1. Assembly and reproduction of bid package, including publication of Notice to Contractors. 2. Weekly on -site construction inspections. Page 12 of 15 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER WHM Transportation Engineering Consultants, Inc. , will furnish to the City of Round Rock the following services: Phase 1 Coordinate completion of signal warrant analysis by TxDOT. Phase 2 1. Meet with client to obtain necessary information including available plans in both hard copy and electronic formats, confirm scope of work, establish project schedule, and provide updates on project progress. 2. Observe existing traffic operations on the study area to note operational problems, traffic pattems, etc. 3. Prepare signal plans, specifications and installation estimate in accordance with TxDOT requirements for a traffic signal installation at FM 3406 and Creekbend Blvd. 4. If necessary, respond to TxDOT regarding plan comments. 5. Meet with client as needed to review plans. 6. Invoices will be submitted on the City of Round Rock Pay Application. 7. Monthly updates will be submitted using Microsoft Project. This proposal assumes electronic files of the existing intersection layout, including topographic information and utilities, are not available. Should electronic files become available, project costs may be reduced. Standard TxDOT specifications and detail sheets for mast arm pole, pull box, controller and pole foundations, conduit, loop detectors, and any other required equipment will be used. Two meetings with City staff for plan coordination and review have been assumed for budgeting purposes. Page 13 of 15 ATTACHMENT D FEE SCHEDULE The lump sum amount payable under this Contract without modification of the Contract is $600 for Stage 1, Traffic Signal Warrant Analysis. If a traffic signal is warranted based on Stage 1 results and TxDOT review, the Stage 2 lump sum amount is $9,900. Page 15 of 15 THE POUCIES OF INSURANCE LISTED ANY REQUI RELENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE UMTS SHOWN BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oft IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CF ANY CONTRACT CR OTHER DOCUSENT BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OF INSURANCE POLICY HUMBER POLICY EFFECTIVE DATE RAMIODIYYI POLICY EXPIRATION DATE RAMIDDIYY1 LIMITS INSURER B. Hartford Underwriters Ins Co GENE-RALLIABIUTY IN6JRERC INSURER E: EACH OCCURRONCE 52000000 A X COMMERCIAL GENERALUABILIIY 65SSAKP7465 10/28/01 10/28/02 FIRE DAMAGE (Anyone TM i 300000 CLAWS MADE © OCCUR MED DIP (Any onepmson) 910000 PERSONAL& ADVINJUR,' 92000000 GENERAL AGGREGATE 9 4000000 GENt AGGREGATE LMIT APPIES PER — I PRODUCTS- COMP/OP AGG 5 4000000 FOUCY n J F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LOUR AMY AUTO (Ea AGED.) 9 2000000 ALL OWNED AUTOS BOON WIRY SCINEDULED AUTOS (Per paean) 5 A X MRED AuTOs 65SSAKP7465 10 /2B /01 10/28/02 BOOLYH.AIRY X NON-OWNED AUTOS (Pa eo 5 PROPERTY DAMAGE Fa ecodel9 i GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ 111 OTHER THAN EA ACC $ AUTO ONLY: AGG 5 EXCESS LIABILITY EACH OCCURRENCE 51000000 A I oCOJR • CLAIMSMaDE 65SSAKP7465 10/28/01 10/28/02 AGGREGATE $ S DEDUCTIBLE 5 X RETENDON 910000 9 WORKERSCOMPENSATON AND X I TORYL I I(Sl ER B EMPLOYERS LIA5 UTY 651/ECDQ9080 10/28/01 10/28/02 EL EACH ACCCENT 5 500000 OFFICERS EXCLUDED EL DISEASE - EA EMPLOYEE 1500000 EL DISEASE - POUCI 9500000 OTHER DESCRIPTION CF OPERATONSROCATCNSNEHICLESIMMLUSIOIS ADDED BY ENDORSEMENT/SPECIAL PROMS CMS *Except for 10 day non - payment. For inquiries call 1 -888- 242 -1430. ACORD CERTIFICATE OF LIABILITY INSURANC ID G9 OATEIMABDO (MAXIM) – 1 04/04/02 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL • 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO-DER NAMED TO THE LEFT. BUT FAILURE TO DO SD SHALL IMPOSE NO OBUDATION OR LIABILITY OF ANY KINDUPCN THE INSUREL ITS AGENTS 56 REPRESEHTAnv ES PRODUCER USAA Agency 65-8128 45- AP- OC -XSA P 0 SOX 33015 SAN ANTONIO TX 78265 -3015 Phone: 808- 242 -1430 9ax:210- 732 -3593 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE INSURE) HALM Transportation 2717 Rio Grande Austin TX 78705 INSURER A: Ha rtford Lloyd' s Insurance CO INSURER B. Hartford Underwriters Ins Co INSURER C. IN6JRERC INSURER E: RQUITDRK City of Round Rock 221 E. Main St. Round Rock TX 78664 I SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 9E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL • 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HO-DER NAMED TO THE LEFT. BUT FAILURE TO DO SD SHALL IMPOSE NO OBUDATION OR LIABILITY OF ANY KINDUPCN THE INSUREL ITS AGENTS 56 REPRESEHTAnv ES iS Oi f ,T �C COVERAGES CERTIFICATE HOLDER I N I ADDITCHAL INSURED; INSURER LETTER: ACORD 25-S (7797) ATTACHMENT G CANCELLATION 0A0ORD CORPORATION 1988 ATTACHMENT C WORK SCHEDULE ID Task Name Duration Start I Finish Jun 30,'02 Jul 7,'02 Jul 14,'02 Jul 21, 02 Jul 28,'02 Aug_4,'02 LAu 11,'02 Au• 18,'02 A • 25,'02 Sep 1,'02 S M T WW _ r o M T W T ! F S S M T W T F D T E I mfingEgasa T !., W T j F S S M T IW T F F S I S 1M T W T F S S ©Q ©Q© ® ®© © S F S M TT WW - - - 1 Coordinate with TxDOT on signal warrant analysis 10 days Mon 7/1/02 Fri 7/1202 City Kick -off Meeting 1 day Mon 7/15/02 Mon 7/15/02 Collect data 7 days Tue 7116/02 Wed 7/24102 Collect/review existing intersection layout files 3days Tue 7/16/72 Thu 7/18/02 Review traffic data 4days Tue 7/16102 Fri 7 /19/02 Schedule Texas One -Call (Utility Location) 1 day Mon 722/02 Mon 7/22/02 Field review and collect geometric data 1 day Wed 72402 Wed 72402 Prepare signal plans 19 days Mon 7/22102 Wed 8/7102 Develop electronic base file 7 days Mon 7/22/02 Tue 7130/02 Draft signal plan layout sheet 7 days Thu 72502 Fri 8202 Draft elevation, phasing, and foundation sheets 7 days Tue 7/30102 Wed 8/702 Submit Draft Plans to TxDOT and City 0 days Wed 8/702 Wed 8/702 City and TxDOT Review 14 days Thu 8/802 Tue 82702 Meet with City/TxDOT staff to review comments 2 days Wed 812802 Thu 8290'2 Finalize signal plans 5 days Fri 6130102 Thu 915102 Respond to Comments 5 days Fri 8 /30/02 Thu 95102 Develop Quantity Estimates 3 days Tue 9/302 Thu 9502, Submit Final Plan set to TxDOT and City 0 days Thu 95+02 Thu 9502 2 3 4 - I .jJWHM Task ITask Involves Input from City and /or TxDOT _ 5 6 7 8 9 10 11 017 12 13 - EE 14 15 16 17 18 I ATTACHMENT D FEE SCHEDULE The lump sum amount payable under this Contract without modification of the Contract is $600 for Stage 1, Traffic Signal Warrant Analysis. If a traffic signal is warranted based on Stage 1 results and TxDOT review, the Stage 2 lump sum amount is $9,900. Page 15 of 15 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DCCUNENT WITH RESPECT TO WHICH THIS MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PERIOD INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR AND CONDITIONS OF SUCH LTR TYPE OF INSURANCE POLICY NUMBER DATETMM pry POLICY LIMITS INSURER GENERAL LIABILITY INSURER E. EACH OCCURRENCE 52000000 A X COMMERCIAL GENERAL UABILTTY 65SBAKP7465 10/28/01 10/28/02 FIRE DAMAGE (AnymeBe) $ 300000 1QAIMSMADE n I OCCUR M0EXP (Any one persml 510000 PERSONAL I ADV INJURY 5 2000000 GENERALAOGREGATE 5 4000000 GENL AGGREGATE OMIT APPLIES PER: PRODUCTS • COMPIOP AGG 54000000 7 PDX'Y ri F;RE&T f LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SNGLE LIMIT (Ee eeckl°b 02000000 ALL ONNED AUTOS BOOZY INJURY 5 SCHEDULED AUTOS (Per pars) A X SIRED AUTOS 65SBAKP7465 10/28/01 10/28/02 80 ,,, NY 5 X NON-OWNED AUTOS par amiU ) PROPERTY DAMAGE (Per ttdEalQ 5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S I ANY AUTO EA OTHER THAN AGG f AUTO ONLY: AGG S EXCESSUASwTY EACH OCCURRENCE 51000000 A 1 OCCUR • CLAWISMADE 65SBAKP7465 10/28/01 10/28/02 AGGREGATE 5 5 DEDUCTIBLE 5 X RETENRON 510000 5 WORKERS COMPENSATION AND X I TORYMS I I ER B EMPLOYERS LIABILITY 65WECDQ9080 10/28/01 10/28/02 EL EACH ACCIDENT f 500000 OFFICERS EXC LUDED EL DISEASE - TAEMPLDYEE 6 500000 EL DISEASE -POJCY WAIT 5 500000 OTHER DESCRIPTION OF OPERARONSILOCATIONSNERICLESIE XCLUSfHS ADDED BY ENDORSEMENLSPECIAL PROVISIONS *Except for 10 day non - payment. For inquiries call 1 -888- 242 -1430. ACORD CERTIFICATE OF LIABILITY DATE (MM rv) INSURANC ID G9 1 04/044 /02 NOTICE TO THE CERTIFICATE HOLDER NAMED TO 11110 LEFT, BUT FAILURE TO 00 SO SHALL PRODUCER USAA Agency 65-81284 5- AP- OC -XSA P 0 SOX 33015 SAN ANTONIO TX 78265 -3015 Phone: 888- 242 -1430 Fax:210- 732 -3593 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED W.H.M Transportation 2717 Rio Grande Austin TX 78705 INSURER A. Hartford Lloyd's Insurance Co NSURERB: Hartford Underwriters Ins Co INSURER NSIRERR INSURER E. ROUNDRK City of Round Rock 221 E. Main St. Round Rock TX 78664 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •30 DAYS WR MEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 11110 LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF NW NAND UPCN TIE INSURER, ITS AGENTS OR REPRESENTATIVES. ( iTl //ice - s 4W S(vT/�s COVERAGES CERTIFICATE HOLDER I N ADDITIONAL INSURED; INSURER LETTER: ACORD 25 -S (7197( ATTACHMENT G CANCELLATION CA CORD CORPORATION 1988 Mayor Nyle Maxwell Mayor Pro -tent Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager obert L Bennett. Jr. City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. July 16, 2002 Mr. Mike Mclnturff, P.E., President WHM Transportation Engineering Consultants, Inc. 2717 Rio Grande Street Austin, TX 78705 Dear Mr. Mclnturff: The Round Rock City Council approved Resolution No. R- 02- 07- 11 -10D2 at their regularly scheduled meeting on July 11, 2002. This resolution approves the contract for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406. Enclosed is a copy of the resolution and original Contract for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -6617. Sincerely, Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK 221 East Main Street • Round Rock Texas 78664 Phone: 512.218.5400 • Fax: 512.218.7097 • Voice t.800.735.z988 • [.800.735.2989 TDD • www.ci.round- rock.tx.us RESOLUTION NO. R- 02- 07- 11 -10D2 WHEREAS, the City of Round Rock desires to retain engineering services for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406, and WHEREAS, WHM Transportation Engineering Consultants, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with WHM Transportation Engineering Consultants, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc., for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406, 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 llth day of July, 200 ATTES CHRISTINE R. MARTINEZ, City Secreta .. ODMA\ WORLDOX\ O . \WDOX \RSSOLUTT \R24111D2.WPD /sc 1 .Mayor n y - Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON WITNESSETH Contract No. THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and WHM Transportation Engineering Consultants, Inc., having its principal business address at 2717 Rio Grande Street, Austin, Texas 78705, hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: To provide professional traffic engineering services in preparation of a traffic signal design for the intersection of FM 3406 and Creek Bend Boulevard in Round Rock, Texas. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. Page 1 of 15 EXHIBIT ..An ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on June 30, 2003 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $600.00 for Stage 1 and $9,900.00 for Stage 2 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail Page 2 of 15 to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and /or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Page 3 of 15 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. Page 4 of 15 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. Page 5 of 15 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before fmal report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. Page 6 of 15 ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City Page 7 of 15 for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. Page 8 of 15 ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that 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, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for governmental purposes. Page 9 of 15 ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest m this Contract without the prior written consent of the City. with copy to: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 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, 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. Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 30 SEVERABILITY ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: WIIM Transportation Engineering Consultants, Inc. Attn.: Heidi Ross 2717 Rio Grande St. Austin, TX 78705 Page 10 of 15 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. WHM Transportation Engineering Consultants, Inc. THE ENGINEER By: 77 ? J 4 ,Q Signature 6' � Mike Mclnturff, P.E. Printed Name President Title June 20, 2002 Date City of Round Rock By: Nyle Maxwell, Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 11 of 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: Stage 1: 1. Verification that traffic counts for FM 3406 and Creek Bend Blvd were submitted to TxDOT for completion of the traffic signal warrant analysis. Stage 2: 1. Assembly and reproduction of bid package, including publication of Notice to Contractors. 2. Weekly on -site construction inspections. Page 12 of 15 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER WHM Transportation Engineering Consultants, Inc., will furnish to the City of Round Rock the following services: Phase 1 Coordinate completion of signal warrant analysis by TxDOT. Phase 2 1. Meet with client to obtain necessary information including available plans in both hard copy and electronic formats, confirm scope of work, establish project schedule, and provide updates on project progress. 2. Observe existing traffic operations on the study area to note operational problems, traffic patterns, etc. 3. Prepare signal plans, specifications and installation estimate in accordance with TxDOT requirements for a traffic signal installation at FM 3406 and Creekbend Blvd. 4. If necessary, respond to TxDOT regarding plan comments. 5. Meet with client as needed to review plans. 6. Invoices will be submitted on the City of Round Rock Pay Application. 7. Monthly updates will be submitted using Microsoft Project. This proposal assumes electronic files of the existing intersection layout, including topographic information and utilities, are not available. Should electronic files become available, project costs may be reduced. Standard TxDOT specifications and detail sheets for mast arm pole, pull box, controller and pole foundations, conduit, loop detectors, and any other required equipment will be used. Two meetings with City staff for plan coordination and review have been assumed for budgeting purposes. Page 13 of 15 10 1 2 13 19 15 Task Name Duration Start coordinate with MOOT on signal wane!. analyals 10days 028 7)102 City Inclnort Meeting Collect data Coned/mid. solanng Wm.. layout fles Ronan WAG Ma Schedule Tenn One-CM (UMW Location) Field renew and collect geometric data Prepare signal plans De)ebp olactronlo Wee Me D raft eldnel plan layout sheet Draft e ph.% and foundation shade Su2m41 Draft Plurals Ts007 and Clly CM/ and TYDOT Rens. Meet with City/500T esti to review constr. 8041120 Md. P Respond to Comments n endop OusnUty Estimates 024189 0221 Plan set to 0007. 203 F ri 7112102 1003 Mon 711502 M01711502 7 days 028 7311122 Vied 712402 3025i Tue 7/16.02 1127/1002 s days 728 7/188,2 74 7/1002 1 Oy Mon 7/22102 Mon 712202 1 day W04712482 /1000 7)2402 13d.y.I Mon 7/22,02 02.4 07/92 7 days Moo 722/021 809 7)88.82 - . 7 dens Thu 7/£.21 Frl 0232 de* Tue 7r33021 Wel 8/0112 0 clays Wed 8/002 Wad SinIM 19 days 1321 81288 02. 828788 2 days : 02.4 012002 Thu 62702 94.3. 701100122 The MVOS 50230 7r181/33.132 Th105.02 3 dens T2.8)882' 110 8602 022811 7829.6432 , Jun 30 02 247.112 , s1ti ATTACHMENT C WORK SCHEDULE J1414.82 j Jul 21. 02 20.02 Task:: Involves - Intgl from City enVor TxDOT af,:* *28 4.02 240 3 1, 02 1 *28 02 Sent 02 00 ATTACHMENT D FEE SCHEDULE The lump sum amount payable under this Contract without modification of the Contract is $600 for Stage 1, Traffic Signal Warrant Analysis. If a traffic signal is warranted based on Stage 1 results and TxDOT review, the Stage 2 Lump sum amount is $9,900. Page 15 of 15 THE POUCIES OF INSURANCE LISTED ANY REOUIREMENT, TERM OR CONDITION MAY PERTAIN. THE INSURANCE AFFORDED PCUCIES. AGGREGATE UMTS SHOWN BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PCUCYPERIOD INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfl1CNS OF SUCH OF ANY CONTRACT OR OTHER DOCU5ENT BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I L TR TYPE OF INSURANCE P0105 NUMBER pgTE(MM�jDD nE POLICY A PAM LIMITS INSAERD GENERAL LIABIUTY EACH OCCURRENCE 5 2000000 A X COMMERCIAL GENERAL 65SBAXP7465 10/28/01 10/28/02 FIRE DAMAGE (Any one Be) 5300000 UAIMSMADE © OCCUR M® ExP (Any one Vaysanl 510000 PERSONAL S ADV INJURY 52000000 GENERAL AGGREGATE 14000000 G911 AGGREGATE UNIT APPUES PER PROWCTS • COMPIOP AGO 5 4000000 n POLICY n g'& f LOC AUTONOBILE LIABILITY _ COMBINED BINDLE L ANY AUTO (EA soci ,y 52000000 — ALL OWNED AUTOS BOp -Y "QUAY 5 SCHEDULED AUTOS (Pa Pasant A X HIRED AUTOS 65SBAJCP7465 10/28/01 10/28/02 BOOIYINAxRY X NON-0WNED AUTOS (Pa caeeep 5 PROPERTY DAMAGE oxidant 5 GARAGE LIABILITY MATO ONLY -EA ACCDENT 5 HANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGG 1 ESCESSLIABILITY EACH OCCURRENCE 5 1000000 A OCCUR • GLAIMS 65SBAXP7465 10/28/01 10/28/02 ADGREGATE $ s DEDUCTIBLE 5 X RETENTION 110000 1 WORKERSGOMPENSARON AND IU X I T I MNSI I ER B EMPLOYERS' LIABILITY 659WECDQ9080 10/28/01 10/28/02 EL EACH ACmEHT 1500000 OFFICERS EXCLUDED EL DISEASE• EA EMPLOYEE 5 50000 0 EL DISEASE -POLICY UNIT 5500000 OTHER DESCRIPTION OF OPERATIONS LOCATIONSNENICLESIEXCLUSIOVS ADDED BY E DORS@AENTTSPECAL PROVISIONS *Except for 10 day non - payment. For inquiries call 1- 888- 242 -1430. ACORD CERTIFICATE OF LIABILITY INSURANC ID G9 X04/0 oz DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •30 BAYS ww TREN PRODUCER USAA Agency 65 -8 128 4 5 - AP OC - XSA P 0 BOX 33015 SAN ANTONIO TX 78265 -3015 Phone: 888- 242 -1430 Fax:210- 732 -3593 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED W.H.M Transportation 2717 Rio Grande Austin TX 78705 INSURER A: Ha rtford Lloyd's Insurance Co ■+SURER B. Hartford Underwriters Ins Co INSURER C. INSAERD INSURER E: RDUNDRI?; City of Round Rock 221 E. Main St. Round Rock TX 78664 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL •30 BAYS ww TREN NOTICE TO THE CERTIFICATE HODER NAMED TO THE LEFT. BUT FAILURE TO 00 5D SHALL IMPOSE NO OBLIGATION OR UABIUTY OF A1551N0 Upon THE INSURER, ITS AGENTS OR REPRESENTATIVES. 4 IS 1 11t r. ...C Li, COVERAGES ATTACHMENT G CERTIFICATE HOLDER N 1 ADOIRwAL INSURED: INSURER LETTER: _ CANCELLATION ACORD 25 -5 (7197) GACORD CORPORATION 1988 Traffic Signal for FM 3406 & Creek Bend Blvd DATE: July 3, 2002 SUBJECT: City Council Meeting — July 11, 2002 ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with WHM Transportation Engineering Consultants, Inc. for the design of traffic signals at the intersection of Creekbend Boulevard and FM 3406. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Tom Word, Director of Transportation Services History: Preliminary traffic studies indicate that Creekbend Boulevard and FM 3406 meet traffic signal warrants. WHM Transportation Engineering Consultants, Inc., will be preparing a traffic signal warrant analysis for the proposed traffic signal installation (Stage 1). After the Texas Department of Transportation has reviewed the warrant study, and if it is determined that the signal warrant is not warranted, the signal design will not be completed. Should the study meet the warrants, then the work will proceed to Stage 2. Stage 1, for the preparation of a traffic signal warrant analysis will cost $900.00; Stage 2 will only be enacted should installation of the signal be approved and this cost will be $9,900.00. Funding: Cost: Stage 1: $900, Stage 2: $9,900 Source of funds: RR Transportation System Development Corporation Outside Resources: WHM Transportation Engineering Consultants, Inc. Impact:Benefit: Installation of a signal at this location will improve safety for vehicles entering and exiting Creekbend Boulevard onto FM 3406. Public Comment: N/A Sponsor: N/A