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R-02-09-12-13C6 - 9/12/2002:: OOMA\ WORLDOX\ O: \WDOX \RESOLUTI \R20912C6.WPD /emc RESOLUTION NO. R- 02- 09- 12 -13C6 WHEREAS, the City of Round Rock desires to retain engineering services for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering, 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 an Agreement for Engineering Services with HDR Engineering, Inc., for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35, a copy of said agreement 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 12th day of September, 2002. ST:. CHRISTINE R. MARTINEZ, City Secrtary 2 MAXWELL, Mayor ity of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 12th day of the month of September, 2002, 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 HDR Engineering, Inc., whose principal place of business is located at 2211 South IH -35, Suite 300, Austin, Texas, 78741, (hereinafter called "Engineer "), and such Agreement 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 1 EXHIBIT ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the Scope of Services or review times take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely request for additional time, which shall be subject to the approval of City, which approval shall not be unreasonably withheld. Any approved extension of time shall be through a written Supplemental Agreement. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 31 day of the month of December, 2002, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement.. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 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 on Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in a professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B 2 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Eighty-one thousand, six hundred and sixty-eight dollars ($81, 668.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable shall be revised equitably only by written Supplemental Agreement in the event of a change in scope, , or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall Make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word [Name] Chief Transportation Engineer [Title] 2008 Enterprise [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5562 [Telephone Number] (512) 218 -3242 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: George Tillett [Name] Project Manager [Title] 2211 South 111 35, Suite 300 [Address] Austin, Texas 78741 [City, State, Zip] (512) 912 -5100 [Telephone Number] (512) 912 -5158 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification 5 followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties..If this Agreement is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Agreement. If City suspends the work, 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 work performed or costs incurred prior to the date authorized by City -for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, 6 Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she/it has famished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he/she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. 7 ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work 8 at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work 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 scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITII 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 Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall famish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 Agreement, which are caused by or which result from the negligent error, omission, or act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work 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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 Agreement is in effect minimum professional liability insurance coverage in the amount of One Million Dollars ($ 1,000,000.00) from a company authorized to do insurance business in Texas 10 and 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 Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of One Million Dollars ($ 1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (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 Agreement, 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 or equivalent conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or reduction in limits by endorsement, a notice thereof shall be given to City by certified mail to: (2) Omitted (3) Omitted City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 (4) 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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 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. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforeeable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 33 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 Agreement. 12 ARTICLE 34 NOTICES All notices to either party by the other required under this Agreement 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: James K (Ken) Haney, P.E. HDR Engineering, Inc. 2211 South IH 35 Suite 300 Austin. Texas 78741 ARTICLE 35 GENERAL PROVISIONS 13 (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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. 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 Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform accordingly, City may 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 Agreement 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 Agreement 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 Agreement shall be govemed 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 Agreement 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 36 herein, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. (5) Opinions 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 Agreement 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. 14 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 Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of August, 2002, and Engineer, HDR Engineering, Inc., signing by and through his/her /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: By: Nyle Maxwell, Mayor ATTEST: By: City Secretary ENG By: Si attire ofPrinc a1 Printed Name: James K. (Ken) Haney, P.E. ATTEST: ARTICLE 36 SIGNATORY WARRANTY 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "OMITTED" (6) Exhibit F "Certificates of Insurance" 16 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: 1. The City will provide a digital aerial photo of the project area. 2. The City will provide electronic copies of the Texas Department of Transportation schematic prepared by Earth Tech for 111 35. 3. The City will provide electronic drawings of the proposed developments within the project limits. 4. The City will provide signal timing for existing signals in the study area_ 5. The City will provide available traffic counts, either ADT or peak hour, for the study area. 6. The City will provide access to transportation model data files for use in the background volume projections. 17 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer will furnish to the City of Round Rock the following items /information: PRELIMINARY PROJECT REPORT: 1. Meet with the City of Round Rock for a kickoff meeting and review meetings as required. 2. Coordinate meetings with the City of Round Rock, Texas Department of Transportation (TxDOT) and Williamson County. 3. Provide a MicroStation format on compatible archive media containing all graphics files used in developing the schematic and all Geopak (Gpk) aligmnent files. 4. Collect, review, and evaluate available existing data pertaining to the project. 5. Contact area utility companies and perform a visual survey of the projected area. 6. Prepare a report for and submit to the City of Round Rock for review and approval. The report will include the following task items: a. Identify the appropriate design criteria for each of the projects individually. TxDOT standards will be used for HI 35. All geometric design for other roadways will conform to the iIE' Urban Street standards. b. Determine ROW status for the projects. Listing both existing and required ROW for the project. c. Develop a location map showing project limits and the relationship of all projects. d. Develop exhibits including typical sections, project plan view and horizontal alignments, and retaining wall locations where necessary. e. Identify potential utility companies impacted by the projects. f. Develop a preliminary drainage area map and defined FEMA floodplains. Identify significant drainage structures existing and required for proposed project. g. Develop construction cost estimate for the projects as stand alone projects constructed independently. h. Identify any environmental processes required for each project. TRAFFIC IMPACT ANALYSIS: The Engineer will: 1. Meet with the City of Round Rock for a kickoff meeting and review meetings as required. 2'. Gather data including signal timing, geometries and peak hour turning movement counts for the study area intersections. 3. Forecast study area traffic based on the build year of the development. 4. Generate, distribute and assign trips for the proposed land uses. 5. Complete AM and PM peak hour capacity analyses for the eleven main study area intersections for existing conditions, a no -build scenario and five build scenarios based on the addition of each of the five major land uses. 6. Complete segment analyses between intersections. 18 7. Prepare a report for and submit to the City of Round Rock for review and approval. The report will include that following items: a. Build year AM and PM peak hour volumes. b. Site generated AM and PM turning movements distributed on the roadway network. c. Capacity and segment analyses results for all seven scenarios. d. Development impact timeline — it will be determined when the proposed roadway improvements will be necessary from a level of service perspective assuming a given sequence. e. Provide alternative improvement recommendations for other roadway improvements discovered during analyses. 19 EXHIBIT C WORK SCHEDULE 20 el LO o I 0 Task Name 25,'02 Sep 1,'02 Sep 8,'02 Sep 15,'02 M T I W I T I F S S I M I T I W I T IF Ls S I M I T I W T I F I S S I M I T I W I T I F Meet with City of Round Rock "`, S. -.- ' , �- Meet with CoRR and TxDOT - Collect Review and Evaluate Existing Data Prepare Report Identify appropriate Design Criteria Develop Typical sections and plan views Develop Location map of projects l ' Determine ROW requirement and Status 9 Identify potential utility conflicts Develop preliminary drainage area maps 11 Assess drainage structure requirements 12 Develop Construction Cost Estimates 13 Develop Traffic Impact Analysis 14 Traffic Data Collection 15 Draft Programing and TIA Complete, Project: rr_prg_schedule Date: Thu 878/02 Task Split Progress Milestone • Extemal Tasks Summary ,,,.„,,,,,,,.. ry ., External Milestone Deadline Project Summary Page 1 ID O N co 0 ra Sep 22,'02 Sep 29,'02 Oct 6, 02 Oct 13, '02 Task Name S S M T W T F S S M T W T F S S M T W T F S S M T W Meet with City of Round Rock � Meet with CoRR and TxDOT Collect Review and Evaluate Existing Data ` ° v n (0 r Prepare Report Identify appropriate Design Criteria r4 , a s a i Develop Typical sections and plan views Develop Location map of projects 8 9 10 Determine ROW requirement and Status Identify potential utility conflicts ` r j s Develop preliminary drainage area maps 11 Assess drainage structure requirements 1 • 12 Develop Construction Cost Estimates H Develop Traffic Impact Analysis 15 Traffic Data Collection Draft Programing and TIA Complete - • ,, 4 Project: rr_prg_schedule Date: Thu 8/8/02 Task Milestone • Extemal Tasks Split Summary ' Extemal Milestone Illit Progress Project Summary ^ Deadline Page 2 EXHIBIT D FEE SCHEDULE 21 No. of Sheets Tasks Hours for the Classifications Total Project Principal PM / Senior Engineer Engineer Drafter / Technician Steno / Clerical Preliminary Estimate and Program Report Kick off and review meetings 4 4 4 0 0 12 Compile and assess existing data 0 2 8 0 0 10 Stakeholder Coordination meetings 6 6 6 0 0 18 Design Criteria Selection 0 4 8 0 0 12 ROW determination and status 0 2 6 6 0 14 Location maps 2 2 4 12 0 20 Project Exhibits Planvlew 4 8 24 24 0 60 Typical sections 0 2 6 12 0 20 Horizontal alignments 0 2 8 8 0 18 Retaining wall locations 0 2 4 4 0 10 Hydrology and Floodplain maps 2 4 8 8 0 22 Preliminary Hydraulic Design 2 4 16 0 0 22 Utility identification and conflict assessment 0 2 8 8 0 18 Develop Prelim. Construction Cost Estimates 0 8 16 16 4 44 Identify Codes, rules and agencies 0 8 0 0 2 10 Compling report and deliverables 4 4 4 0 4 16 Total Hours and Sheets 24 64 130 98 10 326 IH 35 Chandler to Westinghouse Project Name: Preliminary Cost Estimates and Programming Report Consultant: HDR Engineering, Inc. No. of Sheets Tasks Hours for the Classifications Project Principal PM / Senior Engineer Engineer Drafter / Technician Steno / Clerical Total Data Collection 0 2 14 2 2 20 Forecast Build Year Peak Hour Volumes 0 4 24 8 0 36 Trip Generation 0 2 8 2 0 12 Trip Distribution - 0 2 12 2 0 16 Trip Assignment 0 4 8 2 0 14 Capacity Analysis 0 6 26 8 0 40 Segment Analysis 0 2 12 2 0 16 Report Preparation 4 12 28 12 8 64 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 Total Hours and Sheets 4 34 132 38 10 218 IH 35 Chandler to Westinghouse Project Name: Traffic Impact Analysis Consultant HDR Engineering, Inc. Tasks Hours for the Classifications Total Project Principal PM / Senior Engineer Engineer Design Technician Steno / Clerical Project Administration 8 24 0 0 14 46 Preliminary Cost Estimates and Programr 24 64 130 98 10 326 Traffic Impact Analysis 4 34 132 38 10 218 Total Hours 36 122 262 136 34 590 Manhour Summary Project Name: Preliminary Cost Estimates and Programming Report Consultant: HDR Engineering, Inc. Fee Summary Project Name: Preliminary Cost Estimates and Programming Report Consultant: HDR Engineering, Inc. Prelim. Cost Component, Hours Total Report (Lump Sum) Project Principal 36 36 Project Manager /Senior Engineer. 122 122 Engineer 262 262 Design Technician 136 136 Clerical /Steno 34 34 Total Hours 590 590 Cost Component, Dollars Project Principal $7,625 $7,625 Project Manager /Senior Engineer. $19,810 $19,810 Engineer $30,520 $30,520 Design Technician $13,922 $13,922 Clerical/Steno $1,920 $1,920 Total Dollars $73,798 $73,798 TOTAL EXPENSES W/ 10% markup $6,470 $6,470 TRAFFIC COUNTS (Subconsultant) $1,400 $1,400 TOTAL LUMP SUM FEE $81,668 $81,668 Traffic Counts ( Subconsultant) $1,400 Direct Labor $23,531 Indirect Costs $41,205 Direct Costs $6,470 Profit $9.062 Total HDR Fee $81,668 EXHIBIT F CERTIFICATES OF INSURANCE 23 RUG. 5.2002 10 :42AM I L Y. J1/ : INSURERS AFFORDING COVERAGE INSURER A: ZURICH AMERICAN INS CO - O.P. KS Ms<I ,BORC - SENTRY TNSTTR ANC (TYMPANY AS (V A SY:H I.474FR RR) 0n° HDR ENGINEERING. INC. 1013472 ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 601144049 06/01/2002 06/01/2003 $ 1.000.000 1000 1,000,000 1 000 000 OMOELEUAERRY MWAUN Au OWNEDAUTO6 SCHEouLEDAUTOS HIRED AUNT NOW WNEDAUTO$ umanau. DEDUCTIBLE FORM RETENIIDN S C WORKERS COMPENSATION AND EMPLOYERS' UAORITY D 0771st ARCWS d ENDS PROPH$SIONAL LIA61L.TWY BAP3504584 BAP3504585 TAP3504586 NOTAPPLICABL6 BX052852174 (EXCLUDES P1t0F. GAB) 90-14910-01 PLN113978408 06/01/2002 06/01/2002 06/01/2002 06/01/2002 06/01/2003 06/01/2003 06/01/2003 ELMSEASE- POLICY LDHT S 1.000.000 PER CLA84: $1,000,000. AGO SI.000.000. A.CORD. CERTIFICATE PRODUCaa L ooteo I Companies 444 W. 479 Street. Suite 900 Kansas Cily Mo 64112.1906 (616)960.9000 LOCKTON COMPANIES COVERAGES SE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIL ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY MAY PERTAIN THE INSURANCE AFFORDED ANY P D E S CRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLU AND C Y BE ISSUED OR 1 D mON5 OF SUCH - • LIES A GREG - I OMITS S OWN MAY HAVE B . REDUCED BY P • • CLPJMS aER R THE COMPLETION OF A TRAFFIC REPORT NS TRAFFIC IMPACT IS. CERTIFICATEHTILDER 1 � =MORAL INSURED:M60RERLETIR: 1171571 THE CITY OF ROUND ROCK, TEXAS DEPARTMENT OF PUBLIC WORKS MR. TOM WORD, DIRECTOR OF TRANS. SERV. 2008 ENTERPRISE DRIVE ROUND ROCK TX 76664 ACORD 25 (7/07) BATE (MMIBO $) OF LIABILITY INSURANCE 06/01/2003 06/06 /2002 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 CANCELLATION soma ANY OFTHEABOVE DESCRIa= POLICES SE CANCELLED E4ONETHE EXPIRATION DATE TREMOR TIM ISSUING MSURER WILL 5NDWA H- M*L iO_ DAYS WHITEN NORCETO THE CERTIFICATE HOLDER NAMED TOTIEIEPT REPACSIMTATWraa AUTII0 REED REPRESENTATIVE N0.713 P.2/3 ®ACORD RATION 1080 N ,pd Rdo IH 35 MODIFICATIONS FROM CHANDLER ROAD TO WESTINGHOUSE ROAD o' & DEVELOPMENT OF A PARALLEL ARTERIAL TO I 35 �H' G1`' DATE: September 6, 2002 SUBJECT: City Council Meeting — September 12, 2002 ITEM: 13.C.6. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with HDR Engineering, Inc. for the IH 35 modifications from Chandler Road to Westinghouse Road, and for the development of a parallel arterial to IH 35. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Tom Word, Director of Transportation Services History: A report will be developed to establish the preliminary cost estimates for five separate projects listed below. The report will also include information required to complete the final design of each project. The projects are as follows: 1. Ramp Reversal of northbound ramp pair between Chandler Road and Westinghouse Road. 2. Adding a frontage road lane between new ramp pair configuration. 3. Adding northbound to southbound turn- around bridge at Westinghouse Road. 4. Adding southbound to northbound turn- around bridge at Chandler Road/RM 1431. 5. Arterial roadway approximately 4,000 feet long extending from the northbound frontage road to FM 1431. Funding: Cost: $81,668.00 Source of funds: Round Rock Transportation System Development Corporation Outside Resources: HDR Engineering, Inc. Impact/Benefit: The approval of this agreement will provide a transportation plan for future development in the area. Public Comment: N/A Sponsor: N/A A traffic impact analysis will be developed to provide data for the report. The area to be studied will be bounded by IH 35 to the West, Westinghouse Road to the North, FM 1460 to the East, and Chandler Road to the South. The analysis will develop current and Future Level of Service based on the planned development for the area for the intersections listed below and the roadway segments between those roadways as follows: 1. Intersection of IH 35 with Chandler Road and Westinghouse Road. 2. Modifications to the frontage road and ramp reversals. 3. Intersection of FM 1460 with Chandler Road and Westinghouse Road. 4. Adding tum- around bridges at Chandler Road and Westinghouse Road. 5. Arterial roadway approximately 4,000 feet long extending from the northbound frontage road to FM 1431. 6. Terra Vista Parkway and the frontage road. ROUND ROCK. TEXAS PURPOSE. PSSION. PRO:PERIIY, THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH HDR Engineering, Inc. § § § RECITALS: Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 12th day of the month of September, 2002, 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 HDR Engineering, Inc., whose principal place of business is located at 2211 South IH -35, Suite 300, Austin, Texas, 78741, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. 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: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. £- oa -09 - 1 -/3c? CONTRACT DOCUMENTS 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the Scope of Services or review times take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely request for additional time, which shall be subject to the approval of City, which approval shall not be unreasonably withheld. Any approved extension of time shall be through a written Supplemental Agreement. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 3l' day of the month of December, 2002, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement.. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 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 on Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in a professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B 2 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Eighty -one thousand, six hundred and sixty -eight dollars ($81, 668.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable shall be revised equitably only by written Supplemental Agreement in the event of a change in scope, , or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work 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 City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word [Name] Chief Transportation Engineer [Title] 2008 Enterprise [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5562 [Telephone Number] (512) 218 -3242 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: George Tillett [Name] Project Manager [Title] 2211 South 11-I 35, Suite 300 [Address] Austin, Texas 78741 [City, State, Zip] (512) 912 -5100 [Telephone Number] (512) 912 -5158 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification 5 followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties..If this Agreement is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Agreement. If City suspends the work, 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 work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement 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 Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work," Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, 6 Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Tenn." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be famished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. 7 ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work 8 at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work 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 scope of services under this Agreement. 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 Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 Agreement, which are caused by or which result from the negligent error, omission, or act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work 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 Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 Agreement is in effect minimum professional liability insurance coverage in the amount of One Million Dollars ($ 1,000,000.00) from a company authorized to do insurance business in Texas 10 and 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 Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of One Million Dollars ($ 1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (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 Agreement, 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 or equivalent conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or reduction in limits by endorsement, a notice thereof shall be given to City by certified mail to: (2) Omitted (3) Omitted City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 (4) 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. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 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. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 33 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 Agreement. 12 All notices to either party by the other required under this Agreement 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: James K. (Ken) Haney, P.E. HDR Engineering, Inc. 2211 South IH 35 Suite 300 Austin, Texas 78741 ARTICLE 34 NOTICES ARTICLE 35 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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. 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 Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform accordingly, City may 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 Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not 13 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 Agreement 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 Agreement shall be govemed 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 Agreement 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 36 herein, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. (5) Opinions 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 Agreement 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. 14 CITY OF RROUN 1 ROCK, T lL� � i Ot axwe , Mayor Bv: ATTEST: By: City Secretary ENGINE By: ATTEST: By: Signature of Princ al Printed Name: James K. (Ken) Haney, P.E. ARTICLE 36 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 Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No E- Oa- c9 -lo�- I,3C,0 , approved by the City Council on the a, day of the month of' 2002, and Engineer, HDR Engineering, Inc., signing by and through his/her /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. 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "OMITTED" (6) Exhibit F "Certificates of Insurance" 16 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: 1. The City will provide a digital aerial photo of the project area. 2. The City will provide electronic copies of the Texas Department of Transportation schematic prepared by Earth Tech for III 35. 3. The City will provide electronic drawings of the proposed developments within the project limits. 4. The City will provide signal timing for existing signals in the study area. 5. The City will provide available traffic counts, either ADT or peak hour, for the study area. 6. The City will provide access to transportation model data files for use in the background volume projections. 17 PRELIMINARY PROJECT REPORT: TRAFFIC IMPACT ANALYSIS: The Engineer will: EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer will furnish to the City of Round Rock the following items /information: 1. Meet with the City of Round Rock for a kickoff meeting and review meetings as required. 2. Coordinate meetings with the City of Round Rock, Texas Department of Transportation ( TxDOT) and Williamson County. 3. Provide a MicroStation format on compatible archive media containing all graphics files used in developing the schematic and all Geopak (Gpk) alignment files. 4. Collect, review, and evaluate available existing data pertaining to the project. 5. Contact area utility companies and perform a visual survey of the projected area. 6. Prepare a report for and submit to the City of Round Rock for review and approval. The report will include the following task items: a. Identify the appropriate design criteria for each of the projects individually. TxDOT standards will be used for IH 35. All geometric design for other roadways will conform to the ITE Urban Street standards. b. Determine ROW status for the projects. Listing both existing and required ROW for the project. c. Develop a location map showing project limits and the relationship of all projects. d. Develop exhibits including typical sections, project plan view and horizontal alignments, and retaining wall locations where necessary. e. Identify potential utility companies impacted by the projects. f. Develop a preliminary drainage area map and defined FEMA floodplains. Identify significant drainage structures existing and required for proposed project. g. Develop construction cost estimate for the projects as stand alone projects constructed independently. h. Identify any environmental processes required for each project. 1. Meet with the City of Round Rock for a kickoff meeting and review meetings as required. 2. Gather data including signal timing, geometrics and peak hour tuming movement counts for the study area intersections. 3. Forecast study area traffic based on the build year of the development. 4. Generate, distribute and assign trips for the proposed land uses. 5. Complete AM and PM peak hour capacity analyses for the eleven main study area intersections for existing conditions, a no -build scenario and five build scenarios based on the addition of each of the five major land uses. 6. Complete segment analyses between intersections. 18 7. Prepare a report for and submit to the City of Round Rock for review and approval. The report will include that following items: a. Build year AM and PM peak hour volumes. b. Site generated AM and PM turning movements distributed on the roadway network. c. Capacity and segment analyses results for all seven scenarios. d. Development impact timeline — it will be determined when the proposed roadway improvements will be necessary from a level of service perspective assuming a given sequence. e. Provide alternative improvement recommendations for other roadway improvements discovered during analyses. 19 EXHIBIT C WORK SCHEDULE 20 ID 2 3 4 5 6 7 14 15 0 8 9 10 11 12 13 Task Name Meet with City of Round Rock Meet with CoRR and TxDOT Collect Review and Evaluate Existing Data Identify appropriate Design Criteria Develop Typical sections and plan views Develop Location map of projects Prepare Report Determine ROW requirement and Status Identify potential utility conflicts Develop Construction Cost Estimates Develop Traffic Impact Analysis Develop preliminary drainage area maps Assess drainage structure requirements Traffic Data Collection Draft Programing and TIA Complete Project: rr_prg_schedule Date: Thu 8/8/02 25,'02 Sep 1,'02 SIMITIWIT1F1S Sep 8, '02 S 1m 1 T T IF IS Sep 15,'02 S1MIT iW 1 TIF Task Split Progress Milestone • Extemal Tasks Summary ^ Extemal Milestone Project Summary Deadline Page 1 ID 0 3 4 1 2 Collect Review and Evaluate Existing Data Prepare Report 5 6 7 8 9 10 11 12 13 14 Determine ROW requirement and Status Identify potential utility conflicts Develop preliminary drainage area maps Assess drainage structure requirements Develop Construction Cost Estimates Develop Traffic Impact Analysis 15 Task Name Meet with City of Round Rock Meet with CoRR and TxDOT Identify appropriate Design Criteria Develop Typical sections and plan views Develop Location map of projects Traffic Data Collection Draft Programing and TIA Complete Project: rr_prg_schedule Date: Thu 8/8/02 S Sep 22,'02 S IMIT IWITIFIS Sep 29, 92 S1MIT IWITIF Is Oct 6,'02 S IMIT IWIT IF Is Oct 13, 92 S !MIT IW Task Split Progress Milestone • External Tasks Summary , External Milestone Project Summary - Deadline Page 2 EXHIBIT D FEE SCHEDULE 21 No. of Sheets Tasks Hours for the Classifications Total Project Principal PM / Senior Engineer Engineer Drafter / Technician Steno / Clerical Preliminary Estimate and Program Report Kick off and review meetings 4 4 4 0 0 12 Compile and assess existing data 0 2 8 0 0 10 Stakeholder Coordination meetings 8 6 6 0 0 18 Design Criteria Selection 0 4 8 0 0 12 ROW determination and status 0 2 6 6 0 14 Location maps 2 2 4 12 0 20 Project Exhibits Planview 4 8 24 24 0 60 Typical sections 0 2 6 12 0 20 Horizontal alignments 0 2 8 8 0 18 Retaining wall locations 0 2 4 4 0 10 Hydrology and Floodplain maps 2 4 8 8 0 22 Preliminary Hydraulic Design 2 4 16 0 0 22 Utility identification and conflict assessment 0 2 8 8 0 18 Develop Prelim. Construction Cost Estimates 0 8 16 16 4 44 Identify Codes, rules and agencies 0 8 0 0 2 10 Compiing report and deliverables 4 4 4 0 4 16 Total Hours and Sheets 24 64 130 98 10 326 IH 35 Chandler to Westinghouse Project Name: Preliminary Cost Estimates and Programm ng Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Consultant: HDR Engineering, Inc. No. of Sheets Tasks Hours for the Classifications Total Project Principal PM / Senior Engineer Engineer Drafter / Technician Steno / Clerical Data Collection 0 2 14 2 2 20 Forecast Build Year Peak Hour Volumes 0 4 24 8 0 36 Trip Generation 0 2 8 2 0 12 Trip Distribution 0 2 12 2 0 16 Trip Assignment 0 4 8 2 0 14 Capacity Analysis 0 6 26 8 0 40 Segment Analysis 0 2 12 2 0 18 Report Preparation 4 12 28 12 8 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Hours and Sheets 4 34 132 38 10 218 Project Name: Traffic Impact Analysis ........................ ............................... Consultant: HDR Engineering, Inc. IH 35 Chandler to Westinghouse Tasks Hours for the Classifications Total Project Principal PM / Senior Engineer Engineer Design Technician Steno / Clerical Project Administration 8 24 0 0 14 46 Preliminary Cost Estimates and Program' 24 64 130 98 10 326 Traffic Impact Analysis 4 34 132 38 10 218 Total Hours 36 122 262 136 34 590 Manhour Summary Project Name: Preliminary Cost Estimates and Programming Report Consultant: HDR Engineering, Inc. Fee Summary Project Name: Preliminary Cost Estimates and Programming Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultant: HDR Engineering, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prelim. Cost Component, Hours Total Report (Lump Sum) Project Principal 36 36 Project Manager /Senior Engineer. 122 122 Engineer 262 262 Design Technician 136 136 Clerical /Steno 34 34 Total Hours 590 590 Cost Component, Dollars Project Principal $7,625 $7,625 Project Manager /Senior Engineer. $19,810 $19,810 Engineer $30,520 $30,520 Design Technician $13,922 $13,922 Clerical /Steno $1,920 $1,920 Total Dollars $73,798 $73,798 TOTAL EXPENSES W/ 10% markup $6,470 $6,470 TRAFFIC COUNTS ( Subconsultant) $1,400 $1,400 TOTAL LUMP SUM FEE $81,668 $81,668 Traffic Counts ( Subconsultant) $1,400 Direct Labor $23,531 Indirect Costs $41,205 Direct Costs $6,470 Profit $9,062 Total HDR Fee $81,668 EXHIBIT F CERTIFICATES OF INSURANCE 23 RUG. 5.2002 10:42AM LOCKTON COMPANIES DATEIMWDD/YYI ACORDDP CERTIFICATE OF LIABILITY INSURANCE 06/01/2003 08/05/2002 - THIS CERTIFICATE 13 ISSUED AS MATTER J T W CERTIFICOE CERTIFICATE PRODUCER LoolooO Companies 444 W. 471h Street, Suite 900 Kansas City Mo 64112.1906 (816)960.9000 INSURE 1013472 HDR ENGINEERING, INC. ATTN; LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 86114-4049 COVERAGES 513 THE POLICIES OF INSURANCE LISTED BELOW HAVE BERN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 4ERTIFICATE 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 LICIES A 0 _ MRS S OWN MAY NAVE B . REDUCED BY P'I. Cp.LIMS. '11A* nn TYPE OP INSURANCE GENERAL. LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE © OCCUR SCNECULED AUTOS — X WIRED AUTOS X NON .CWNED AUTOS 7 �pplpGE UA0ILITY PNY AUTO GEN4 AGGREGATE LIMIT APPU PER 1 LICY 171 I , r . x j /0 0MOBILEUAEILfTY 13 X ANY AUTO ALL OWNED AUTOS EXCESS LIABILE Y E 2 OCCUR CLAIMS MADE -- ----II © UMBRELLA DEDUCRELE FORM I 'l l RETENTION $ C WORMERS COMPENSATION AND EMPLOYERS' LIABILITY D OTHER ARCM & BNGS PROFESSIONAL LIABILITY OL03504583 BAP3504584 BAP3504585 TAP3504586 NOT APPLICABLE 3X052852174 (EXCLUDES PROF. LIAB) 90- 14910 -01 PLN113978408 POLICY NUMBER 06/01/2002 06/01/2002 06/01/2002 06/01/2002 06/01/2002 DESCRIPTION THE C OF A TRAFFIC REPORT ANT) A TRAFFI IMPACT f�aASPROV1tI0NS CERTIFICATE HOLDER I ADDITIONAL INSURED: DNEURERLETT8R! 1171571 THE CITY OF ROUND ROCK, TEXAS DEPARTMENT OF PUBLIC WORKS MR. TOM WORD, DIRECTOR OF TRANS. SERV. 2008 ENTERPRISE ORNE ROUND ROCK TX 76664 . I ACORD 250 (7107) ONLY AN CONFERS _. _.. Al TER HOLDER. THIS CERTIFICATE A F F OR DE D BY R POLICIES LOW INSURERS AF COV • IN A I Z1 AMERICAN DNS co - o.R. XS � M _INSURER ARRTC:.AN CI IAR ANTRA & 0 .TAT# (T[ TRTCH) INA; WIER C • CFNTRY WRITE ANCR COMPANY A: , • LM h _ S N. 1 . k " INAH IBPR P • (1T-HQ rASI TAT TV (ROE RISK SRRVI(Fq) PRIM N 06/01 /2003 AUT1nRGED REPRESENTATIVE EACH OCCURRENCE N0.713 P.2 /3 06/01/2003 FIRE DAMAGE fAnv me firs MAO ow wrens venom LERSONAL & ACV INJURY GENERAL AGGREGATE PRODUCTS.COMPIOP AGG C SINGLE LIMIT (personas) RY BODILY INJURY PROPERT DAMAG Y E PV 191* ) 06/01/2003 AGGREGATE LIMBS_ AUTO O ONLY- EA ACCID ENT AUTOONW FA ACC AGG EACH OCCURRENCE 06/01/1003 X (.oa..ry,:gI Is;' EL. EAC ILACCIDENT W. DISEASE • EA EMPLOYEE E.L. DISEASE- POLICY LIMB 1.000.000 1.000.000 5.000 1.000.000 (.000.000 1.000.000 1,000,000 XxXXxxx 200000CX $ XXXXXXX • XXXXXXX XXXXXXX 1,000,000 1.000.000 s XXXXXXX XXXXXXX XXXXXXX 1.000.000 s 1.000.000 S 1.000.000 06/01 /2003 PER CLAIM. $1,000,000. AGG: 51,000,000. - CANT'FLLATICN4 SHOULD ANY OF TEE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRIATION DATE THEREOF, THE ISSUING INSURER WILL WDGAVOR•80. MNL i DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT REPRISONTATLVES. • ACORD PORATION 1988 Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager tbert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. September 18, 2002 Mr. George Tillett Project Manager HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, TX 78741 Dear Mr. Tillett: The Round Rock City Council approved Resolution No. R- 02- 09- 12 -13C6 at their regularly scheduled meeting on September 12, 2002. This resolution approves the Agreement for a preliminary programming report for the IH 35 modifications from Chandler Road to Westinghouse Road and an arterial to IH 35. Enclosed is a copy of the resolution and original Agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5562. Sincerely, Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK zzi East Main Street • Round Rock, Texas 78664 Phone: 512- 2183400 • Fax 512,218.7097 • Voice: i.600- 735.2968 • 1.800,7352989 TDD • www.ci-round- rock.lx.us