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R-02-10-24-11E4 - 10/24/2002EST: RESOLUTION NO. R- 02- 10- 24 -11E4 WHEREAS, the City of Round Rock desires to retain engineering services for the Ray Berglund Area Development Project, and WHEREAS, S.D. Kallman, L.P., Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with S.D. Kaltman, L.P., 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 S.D. Kallman, L.P., Inc., for the Ray Berglund Area Development Project, 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 24th day of October, 0i'2 CHRISTINE R. MARTINEZ, City Secretary .. OOMA\ NORLOO E \O. \NOOE \REEOLUTI \R21021E4 .NRU /rmc NY AO /ayor City of Round Rock, Texas 'ROUND ROCK, TEXAS PURPOSE PASSION. PROSPENIY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S.D. KALLMAN, L.P. 1 RECITALS: CONTRACT DOCUMENTS Re: Ray Berglund Area Development Plans Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 24th day of the month of October, 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 S. D. Kaltman, L. P. whose principal place of business is located at 1106 South Mays, Suite 100, Round Rock, Texas 78664, (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)(AXvii) 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. EXHIBIT IT A 11. 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 perform the mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule contains a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and specified not to exceed cost. The Work Schedule provides specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the Thirtieth (30 day of the month of July, 2004, 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, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest 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 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." See Exhibit E entitled "Work Authorizations" for work authorization controls related to this agreement. 2 i T ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept an amount not to exceed 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 not to exceed sum of One - Hundred Ninety-Two Thousand, Three Hundred Thirteen Dollars and No Cents ($192,313.00) as shown in Exhibit D entitled "Fee Schedule." The exceed sum amount payable may be increased only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, 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 two (2) copies 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 `Estimated 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 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 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." William 7. Dobrowolski III, PE, Senior Engineer 2008 Enterprise Drive Round Rock, Texas 78664 (512) 218 -6601 Office (512) 218 -5563 Fax City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 4 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: Steven D. Kallman, PE, President 1106 South Mays, Ste. 100 Round Rock, Texas 78664 (512) 218 -4404 Office (512) 218 -1668 Fax 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 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. 5 If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. 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, 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." 6 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 furnished 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. 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. 7 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 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. 8 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 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 error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 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 resulting from errors, omissions, or negligent acts, and same shall be 9 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 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 Five Hundred Thousand Dollars ($500,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (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, professional liability insurance coverage in the amount of Five Hundred Thousand Dollars ($500,000.00), 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 10 requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 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) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. (3) The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (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." 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. 11 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. City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: 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. 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: 12 Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: S.D. Kaltman, L.P. Attn: Steve Kaltman, P.E. 1106 South Mays, Ste. 100 Round Rock, Texas 78664 13 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 best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, 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 governed by and construed in accordance with the laws and court decisions of the State of Texas. 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. , approved by the City Council on the day of the month of 200 Engineer, , 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: Mayor ATTEST: By: City Secretary ENGINEER: By: By: Signature of Principal Printed Name: Steven D. Kaltman, P.E., R.P.L.S. President, Steven D. Kallman, L.L.C., General Partner, S.D. Kaltman, L.P. ATTEST: 5e/(1)'' I� Corporate Secretary 14 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area 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 "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EDIT A - Services to be Performed by City (Page 1 of 2) The scope of services to be performed by the City is to facilitate the scope of services shown in Exhibit B, by administering this contract, reviewing the work performed by the Engineer, accepting the Engineer's final plat, final design, inspecting the construction, and follow -up warranty. Specifically: PLATTING PROCESS 1. Provide timely reviews and guidance on stages of progress. 2. GIS files for pertinent areas of the project. - 3. Provide Development Agreement document. 4. Direct property negotiations concerning the division of existing lots into smaller lots. 5. Schedule and coordinate meeting(s) with the property owners to obtain legal names required for the plats (owners & lean holders), easements required, and all other owner related information for the platting. 6. Obtain signatures for all final plats. WASTEWATER SYSTEM DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. . WATER SUPPLY SYSTEM 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. ROADWAY DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Coordination necessary to secure typical section and preliminary design approval. 3. Coordination necessary to develop proposed pavement sections /designs. 4. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. 5. Determine final pavement section to be used in design. 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT A - Services to be Performed by City (Page 2 of 2) DRAINAGE DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. SIGNING, PAVEMENT MARKINGS, AND SIGNALIZATIONS 1. Provide timely reviews and guidance on stages of progress. 2. Provide standard detail as necessary. MISCELLANEOUS 1. Coordinate and host utility coordination meetings 2. Assist with the location of existing utilities in the project area. 3. Prepare and coordinate any Utility Agreements. 4. Provide legal services associated with dedication statements and the execution of these documents. 5. Prepare memorandum documenting the progress of meetings. 6. With the coordination of Engineer, pothole existing utilities owned by the City. CONSTRUCTION INSPECTION 1. Provide daily inspection to ensure compliance with the plans and specifications. 2. Contract and pay directly with construction contractor for construction. 3. Contract and pay directly with geo-technical engineering firm for construction testing services. 4. Direct construction meetings. 5. Coordinate the testing. 6. Attend and contribute to in the final work through and punch list. 7. Coordinate end of warranty inspection, repairs, and final project acceptance. 17 The scope of services to be performed by the Engineer is to facilitate the scope of services shown in Exhibit A, by performing the engineering studies & calculation, coordinating surveying, environmental studies & reports, coordinating platting procedure, required to provide platting, recording, final design, and support construction services. Specifically: GENERAL CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT B - Services to be Performed by Engineer (Page 1 of 3) 1. The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Round Rock, Texas. 2. The engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. 3. Monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. 4. When feasible, the City's standard drawings and specifications of previously approved special provisions /specifications will be utilized. 5. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and to the extent possible, incorporate references to the City's approved test procedures. 6. The plan sheets will adhere in format and content to current City of Round Rock (CORR) standards. 7. The Engineer is fully responsible for any traffic control required from any data collection activities. 8. Survey work for platting shall be performed in accordance with the Texas Board of Professional Surveyors "Manual of Practice for Land Surveying in Texas". Category 1A, Condition II. 9. Survey work for design and construction control shall be performed in accordance with the Texas Board of Professional Surveyors "Manual of Practice for Land Surveying in Texas", Category 2, Condition III. Construction staking shall be provided by construction ccntractor. PHASE I - PLATTING PHASE Engineering Services: 1. Preparation of three (3) final plats. 2. Preparation of three (3) utility schematics. 3. Preparation of three (3) drainage plans. 4. Submittal of three (3) fmal plats, utility schematics and drainage plans. 5. Representation at City Planning and Zoning Commission. 6. Meet with affected property owners and city staff. 7. Approval of three (3) final plats. 8. File the Plats at the County Court House. 18 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT B - Services to be Performed by Engineer (Page 2 of 3) PHASE I - PLATTING PHASE Sub - Contract Services: 1. Prepare field notes and exhibits for dedication statements. 2. Define easements of property rights and all rights -of -way. 3. Final plat lot and ROW calculations. 4. Field staking lot pins. • PHASE II - WATER, WASTEWATER, STREET AND DRAINAGE DESIGN PLANS AND SPECIFICATIONS PHASE - Engineering Services: 1. Prepare drainage area maps showing existing conditions and proposed improvements and submit for preliminary review. 2. Prepare hydraulic computations for culverts, channels, storm sewers and inlets. 3. Prepare hydraulic data sheets. 4. Develop storm sewer plan and profile and culvert cross - section sheets. 5. Develop miscellaneous drainage details. 6. Prepare Stormwater Pollution Prevention Plan (SW3P). 7. Prepare EPA Notice of Intent (NOI). 8. Prepare a narrative of the construction sequencing and time estimates. 9. Prepare bid quantities. 10. Prepare pre -design estimate after utility locations and determination of scope of work, final design estimate, specifications and general notes. 11. Prepare bidding documents and all copies for the bidding process. 12. Attend pre -bid conference. 13. Attend public bid opening. 14. Review bids received for completeness and accuracy. 15. Prepare detailed bid tabulations. 16. Make recommendation for bid award. 17. Prepare notice of award. - 18. Prepare seven sets of final contract documents. Sub - Contract Services: 1. Locate existing property comers and rights -of- points. 2: Locate and profile existing drainage facilities and cross section natural drainage features. 3. Locate existing marked underground and overhead utilities. 4. Set horizontal and vertical controls. 5. Set one permanent benchmark in each platted section. 6. Collect data using GPS equipment. 19 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT B - Services to be Performed by Engineer (Page 3 of 3) PHASE II - WATER, WASTEWATER, STREET AND DRAINAGE SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES PHASE — Engineering Services: 1. Provide two persons to provide technical assistance at the public meetings scheduled by the City. 2. Provide two persons to participate in project meetings and resource agency meetings. 3. Coordinate with Sub - consultant and review historic structures studies. 4. Coordinate with Sub - consultant and review notification letter to the Texas Historical Commission Division of Antiquities. 5. Coordinate with Sub - consultant and review notification letter describing the scope and extent of wetlands on the project to the USCOE (Ecological Investigations). 6. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM 7. Coordinate with Sub - consultant and review environmental documents. Sub - Contract Services: 1. Perform a records search and preliminary field reconnaissance for the presence of potentially eligible structures (Historic Structures Studies). 2. Send notification letter to the Texas Historical Commission Division of Antiquities Protection describing the scope and extent of project, to receive determination as to whether an archeological survey is required. 3. Send notification letter describing the scope and extent of wetlands on the project to the USCOE to receive confirmation that the scope of the proposed project falls within existing nationwide permits for stream crossings (Ecological Investigations). 4. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM. 5. Prepare environmental documents under specified guidelines. PHASE III - CONSTRUCTION ADMINISTRATION Engineering Services: 1. Provide periodic construction inspection services to assure compliance with plans and specifications. 2. Attend construction meetings as requested by City. 3. Review and make recommendations to City on submittals, pay requests and change orders. 4. Punch list the project when contractor requests consideration for acceptance. 5. Sign off on completed punch list. 6. Prepare and submit a Plan of Record for the completed project. 7. Prepare EPA Notice of Termination (NOT). 8. Evaluate and make recommendations on all value - engineering submittals. Sub - Contract Services: 1. Setting controls on benchmarks. 20 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT C - Work Schedule (Behind this page) 21 CITY OF ROUND ROCK, TEXAS RAY BERGLUND AREA DEVELOPMENT PLANS PROJECT SCHEDULE FOR PLATTING, DESIGN, ENVIRONMENTAL AND CONSTRUCTION PHASES WORK TASK 2002 2003 2004 N D J F M A M .1 J A S 0 N D J F M A M J J NOTICE TO PROCEED ile Item 1: Platting Phase Final Plat Submittal •--10.■ ,* City Review and Approval 4 ' N y Landowner's Signatures ♦ •11■ Submit to City/ P&Z Approval N 4-0* File In County Records 10 Item 2: Design Phase Utility Schematics ♦•— Drainage Schematics •-$* Field Design Surveys Existing Utility Field Locations Construction Drawings ...._____4„.• ■' Contract Documents and Technical Specifications ♦ ►. 4.4 City Review and Approval 1 81111. 4 . 40* •N. A. Environmental Phase Perform a Records Search and Preliminary Field Reconnaissance for the Presence of Potentially Eligible Structures 40-►411110 • _ Send notification letter to the Texas Historical Commisslon and USCOE w•- Perform an Environmental Audit for Hazardous Materials Impact and Prepare Environmental Documents Nee City Review and Approval 4 4'■• 10. Advertisement and Bidding 1110-111.111P. S D Kellman Review & Recommendation 40410 Award Project N• Pre- Construction Conference Item 3: Construction Administration Phase Setting Controls on Benchmarks H• Construction Administration Services , • N Plan of Record 22 CLASSIFICATION SALARY RATE HOURLY RATE* PROFIT 10% TOTAL STANDARD RATE Principal and Registered $ 72.11 $ 216.33 $ 21.64 $ 237.97 Professional Engineer $ 156.75 Project Manager $ 95.21 $ 119.01 Senior Engineer - $ 38.00 $ 114.00 $ 11.40 $ 125.40 Project Manager $ 28.85 $ 86.55 $ 8.66 $ 95.21 Engineer EIT $ 22.00 $ 66.00 $ 6.60 $ 72.60 Land Planner $ 20.00 $ ' 60.00 $ 6.00 $ 66.00 Design Technician $ 24.50 $ 73.50 $ 7.35 $ 80.85 Secretary $ 18.55 $ 55.65 $ 5.57 $ 61.22 CLASSIFICATION TOTAL STANDARD RATE TOTAL EXPERT TESTIMONY RATE* Principal and Registered Professional $ 237.97 $ 297.46 Engineer Senior Engineer $ 125.40 $ 156.75 Project Manager $ 95.21 $ 119.01 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. - Platting and Development Design for Ray Berglund Area EXHIBIT D - Fee Schedule (Page 1 of 2) HOURLY RATE SCHEDULE ourly rates are based on salary costs with a 3.0 multiplier. EXPERT TESTIMONY. IF REOUJRED BY THE CITY MINIMUM 4 HOURS PER DAY * Rates are based on "Total Standard Rate" with a 1.25 multiplier. 23 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT D - Fee Schedule (Page 2 of 2) Basic Services: PROJECT Item 1: Platting Phase • Preliminary Plats (3 Total); Work completed under original Engineering Services Agreement • Final Plats (3 Total) • Field Staking of Lot Pins Item 2: Design Phase — Water. Wastewater. Street and Drainage • Utility Schematics • Drainage Schematics • Field Design Surveys • Existing Utility Field Locations • Construction Drawings • Contract Documents and Technical Specifications Environmental— Social Economic, Environmental and Public Study • Perform a Records Search and Preliminary Field Reconnaissance for the Presence of Potentially Eligible Structures • Send notification letter to the Texas Historical Commission and USCOE • Perform an Environmental Audit for Hazardous Materials Impact and Prepare Environmental Documents • Bidding of Project • Award of Project and Pre - Construction Conference Item 3: Construction Administration Phase • Setting Controls on Benchmarks • Construction Administration Services TOTAL COMPENSATION FOR BASIC SERVICES NOT TO EXCEED: $192,313.00 24 MILESTONE & ESTIMATED PERCENTAGES 100% Upon Contract Authorization 90% Upon Submission to City 10% Upon City Approval 100% Upon Completion 90% Upon Submission to City 10% Upon City Approval 90% Upon Submission to City 10% Upon City Approval 100% Upon Completion 100% Upon Completion 50% Upon Submission of Preliminary Drawings to City 40% Upon Submission of Final Drawings to City 10% Upon City Approval 90% Upon Submission of Final Documents to City 10% Upon City Approval 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion Monthly Based on Effort Required CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT E - Work Authorizations (Behind this page) 25 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT F - Certificates of Insurance (Behind this page) 26 F12O 1 : S. D. KALLMRN, L: P.. FAX NO. :512- 218 -1668 . Oct. 10 2002 03:51PM ' P2 - CER.TIF'tCATE.OF'LlABflJTY INSURANCE • • taata: 10-40-02 PROA17CBR .:. COMPANmS A FORDINM COV1;R AO$ • • Tngyxisiacs , Ng'tW9DJ .of".xexitp. A Trinit iln3vexES1 •FC ' 143: >£iiax •1lnstdo • .A7 h2I 'texas .• .432 . • thmunuP • g S. D 3 . Itali L. PP. w ant � � C • • SVIPM2u 9Er to 1 C00 °3.tsatep • THIS IS TO. t:tstt i 1HA 'FF 11ttea ttod above is inatrcd by the Coinpanica listed above' With'ralpttt to the business operations hereinafter described. for tbo types of insurance and in accordance with the provisions of '. the rstandard•poltciea used 'by the eempanies, sod flutter hereinafter Exceptions to the potloIea:ait: noted below. CO TYPk OF 1(1+49:6ttANc E POLICY VTR NEMER turY A TXP164662300 2 -19 -02 AU'rOM0RrrHLIATcrlY .:.•• =cam unenrrY PROPRb8t0NM 1.]ABILITY DESCRIPTION OP 0PRRATIONartacAT10Na /VEtitCUwapECIAL TTEbOurocCEPTIONE Caniodue of flamers EFFECTIVE EXPIRATION DATE DATE • Lwris • OsN&NAL AQQREQATE S i , 0.000 2 -19 -03 PROPUOTR.COMP/QpA00. $ PRRSONALsi Apv. EU1 RY ,000 'HOC RACEI OCCURRENCE • • Si3O 00 , 0 0C • PIREDAMAGE (Any ono rho; '$ 100.. 00C Men. nXPENSE UaY mw pr op) S •5 ; QOC locum rimier (Pdr proem) . S • • • • BODILY INIUAY (Per awldam) $ PROPERTY DAMAGE $ EACH OCCURRENCE AOORRQATtt $ WORKERS CQMPBNSATION OMPI.oY5RS' tummy • SrattroRY LIMrI'8 $ RAM AcraP0NT • DISEASE - PO1d8Ywar s DtaRA$E -SAt EMPIAYBR $ The City of Round Rock is named as sdditiooal hwrd with rev= to sit pdidea e ua+pt warkere COmpC11Mt 04 slid 8mptoym'■' LiablutY. Should anY of the above dnaoribod pandas ha esitcened er . dttryd before ttr lea:Or:ft date Memel, the luulas company will mall thirty (30) drys written nuke M the eettlfCete bidder oemod It $ w. CERTIFICATE HOLDER: City Maoa$er ' • City of 1YAimd Rock • MATURE OP AUTIiO . . 221 R17p $/56N ATiVS a. Male Was �� I� Road Rook, Texas 71664 Typed Naas ill`. wSLacun . CRO 10/10/2002 THU 15:41 [TX /RX NO 5238] Ei 002 FROM :5.D.• KALUMAN,L.P. . • CERTIFICATE OF LIABILITY INSURANCE PRODVCBR • Greater Insurance Agency •4804 Anderson )111 Rd . ' Austin, Teams 78750 GENERAL LTABEdrY EXCESS LIABILITY . WORKERS' COMPENSATION AND ENIP1AYBIta• LIABmrIY PR0A8SatONAL LIABILITY DESCRIPTION OP OPBRATiONW LOCATlONS/YEEUCLES/SIWALlr8M3/BXCEFAONS CERTIPIOA BHOLDER: ClttMapega City of Rood Rock 221 B. MtihStroo . Round Rock, Twai 78664 catiEcnleorbmurmmce FAX N0. :512 218 -1668 Oct. 10 2002 03:52PM - P3 A s • • Dare: 10/10/02 COMPANIES AI+PORDING COVERAGE R4tIPIITi' UNIVERSAL INS COMPANY 1N$II0,BD S D Kaltman, L.P. C 1106 South Hays, Suite 100 Round Rack, Tomas 78664 D THIS TS TO CERTIFY TEAT the Insured named above is Insured by the Companies listed above •with respect tD the business operadena hereinafter described, for the types Of insurance and is accordance with the provisions of :.fhe 'standard policies Used .tiy the .companies; ADd ifexe nafter described. Exceptions to the policies• are 'noted below. • . CO TYPE OP INSURANCE POLICY • • EFFECTIVE EXPIRATION LTR NUMBER DATE DATA M roatonIL0 augury A SOhedtlled autos TCA2986181 07/22/02 07/22/03 ' • Hired autos : • Non -Owned dittos LIMITS GENERAL A00REGATB S PRODUCTS - COMP/OP A00. S PERSONAL &ADV. IN3ThY $ EACH occusBENCE $ Pms DAMAGE (Any non Rro) $ MED. EXPENSE (Ails one person) $ COMBINED SINGLE LIMIT .... 317.100 /0( BODILY INIU.Y (Per perm) • 3 AOTTLY'XNII,IRY Ott acctaw0 3 PROPERTY DAMAGE 8 EACH OCCURRENC8 d' AGGREGATE• S STATUTORY LEraTs $ eAcx Acc oarr DI8RASE - 7OLICY LIMIT S b1$0A58- BACBBMPLOYEB $ The City o Round Rook Is owns' M 34d1donsl Hemel with reapxt to an petioles :rag* Workers' Cowpcoeadun and = ployers''Abiity. • Should any of the above *scribed pollens be ar,Nled or domed bar the elrpratron date thereof. the isau[ng cam Rny will mall thirty (]0) days writteii mttee to amT1Aeate Balder named blow, Typodrinmc Ken Mo7. i t C Tlae: 1<aruse:. 10/10/2002 THU 15:41 [TX /RX NO 5238] fj003 FROM :S.D, KALLMAN,L:P.. AATOMOHILa LTABIIZ1 Y . EXCESS ISAMI11Y . WORKERS' COMP1NBA AND EMEECI SR6'LlABILNY . pROPBSRIONAL 116111T'Y Cam•or rl400 • DESCRIPTION OF OPERAITCMOCA FAX NO. : 512-218-1668 Oct. 10 2002 03:52PM P4 Nate: OctoLm' 10, 2002 COMPANIESAS:111 BDIt eliO AGE A Yaws laarnaee ]o *z iIfly�e . CERTIFICATE OF LIABILITY INSURANCE PRODUCER. . Analla132141 Insolence Agway 1219Leanderlld. INS •'i3 C78628 C • . S.D, Kalman L.P. • • THIS $ TO CERTIFY THAT the lasmednamed above is iruuredbytho Companies listed above with respect to the busbiess Operatic= hortioafter desaibed, for the typos of insursticii snd im accordance with the provisions of the atsndat+d policies used by•th9:companies, and further beraiiatler dese i Exceptions to the $olieles ate Rated below, CO TYPIEOBSNSUBM cE POlUc r ISPFECTIVE lEXI'IRA'ITON - • mars ATR "■1111MR.gR DAZE DATE GENITAL L/ArIxrY dP,NBRAr. Apeat9eTa.• • $ .. • • YFOWIL AOO. $ PERSONAL & ADV. INJURY . $ OCCURRENCE PIItB DAMAGE (Any Sea fibs) S MIA EMPEROR (Any meprim) 5 COMBINED aetW611UMrr $ Damn' wort (Paprnon) $ BODILY WOW (Fir midai) s • PROPERR•YIIAMAOE EACH OCCURRENCE 5 AINISSOA'rE 5 BTATIIrORYL1Mrrs 4 EACBACADBNr , $100,000 • DISEASE: roma- umrr s1e0.000. DISEASE -EACH EMPLOYEE s1e0,006 The above Shed d oved e m:1W policies ecarceelkd bda�tbe scandal dee% The isei05comPaeY l>tadWit Shedd e+W' he ove deaRed days 9rsiitm notice to the oatiflcatc}alder caned below. CERTIFICATE 110111142: Vie[ Reek rr r ^ir: rein y . : :0, A Rased Usk. Tcon7S164 , J l 1► 22113,MakStreet 15Sa 10/10/2002 THU 15:41 [TX /RX NO 52381 U004 FROM, :S. D. KALl : P. FAX NO. :512- 218 -1668 Oct. 11 2002 10t82RM "P2 ,10/11/2002 FRI 8:44 FE 5123319950 GREATER TEXAS INSURANCE 001/001 ' CERTIFICATE OF LIABILITY INSURANCE . Dater . 10= 11 -02 PRODUCER 0r0 ter Texas Insurance Amy COMPANIES APFORDOG COVERAGE 9809 Anderson Mill Road • . Austin, Texas 78750 A CO]ZTINENTJT, CASUALTY CO ' C/O VICTOR O. SCHINNERER $ CO.,INC. . • ' ' .. ' • TRINITY UNIVERSAL INSURANCE CO' IMAM/. S n Kansan, L.P. C 1106 South Mays, Suite 100 Round Rode, Texas 78664 D THIS IS TO CRIMPY THAT Mt Insured named above is insured by the Companies listed above With respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and farther hereinafter described. Exceptions to the policies are noted below.. • CO TYPE OF INSURANCE ROLICY EFP CIIVE EXPIRATION LTR NUMBER DATE DATE • GENERAL LUAmt ny AVPOMOEE.H XURLI1Y B Scheduled autos TCA2986181 07/22/02 -03 Hired autos non:L0Wned autos EXCESS LIABILITY Aoloams.commisAnoN AND BMPIAYHhs' LIABILITY DESC90P210N OP OPERATIoNsfLoCATR )N$NBFRC1Ay CIAL,TIEsssaixownoN3 Ti LIMITS GENERAL A c " rr : 3 PRODUCr$COMP/OPAGG- 3 PERSONAL & ADV.1NJURY S EACH OCCURRENCE 3 FIRE DAMAGE (Any ono Are) S MOD. =PERM (Attu aw penny EACH OCCURRENCE S AGGREGATE $ STATUITORYLLMITS 3 EACH ACCIDENT DISEASE • POLICY LIMA 3 DISEASE- EACH RMPLOYEE $ A PROPPSSIONALWADLTY 378 -12 -21 2 -13 -02/03 AGGREGATE DEDUCTIBLE *20,000. PER CLAIM $500,000. 500,000. Agent 'lie city of Rotmd Rock 0 nnmea as ad4910 nl irr"N with reap= to an polldoi except 'Wollxls` Compem*Upn and Emp! yats' Liability' and 'Profrasional Liability*. SboaM any or tits shore dtevteed palette be cannoned or clanged before the raplratnn data thereof, the bather company will frail thirty (30) days amen make torte tcsie CERTIFICATE HOLDER: City Munger C i t y of Round R e e k glum ...1 om en ITER S3?4FATIVE 22) 8 Main$Ueet Road Rack, Ttwa 78664 // ' 17 /� %� 1' IYPed m Kam R®n ��tcL QuElliatutleRee&firthimardmiREHEAHOpieflesepoo&R-14-7-2902awd 10/11/2002 FRI 09:51 ITX /RX NO 5247] 0002 $ COMEINED SINGLE LUMIr 31,000,000. BODILY PRAY (ttr Panet) $ n0DILY'E8URY (Pre =HMO 3 PBOPEATY DAMAOH S 3 Pa :- o �gp1�i1 111 0 0- pp N ol e 1 � .... . ate! /! � ��� a d i IOC\ ?VA Of ■ t111111,Q�� ,Q /Innutt //► rr prA it .I et 4•1 /i ,. �� �►�* ■. 'We' ii►u O ►r���iuu� ■ t + .. pr pp .►.imn 11111 X111. ,'j in .. ..A ::. 1I 1iii11►uILt::. �a ..A. OM wmmnntr:. W s in nnp � t'a i / � / C = RE 51411011111111 f. • ' t , k , , 11 totagr ,' u. .. A' mega :es PO r== l 41 01104 • dmn►o �4anln.I ►•nu\ ` ABIIUIIgt 1111111 snm nu■u+• L�hl llllll lll i PLATTING AND DEVELOPMENT DESIGN FOR RAY BERGLUND AREA DATE: October 18, 2002 SUBJECT: City Council Meeting — October 24, 2002 ITEM: 11.E.4. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with S.D. Kaltman, L.P. for design improvements and platting for Ray Berglund Area Development Project. Resource: Jim Nuse, Chief of Operations /Assistant City Manager William Dobrowolski, Senior Engineer History: On the 25 of May 2000, the City Council approved R- 00- 05- 25 -11C2 to retain engineering services for the preliminary platting and preliminary cost estimate phase of this project with S. D. Kaltman. Funding: Cost: $192,313.00 Source of funds: Capital Project Funds —1998 GO Bond Outside Resources: S. D. Kaltman, L.P. Impact/Benefit: To improve the streets and drainage in this neighborhood. These improvements will increase the property value of the residents in the area. Public Comment: N/A Sponsor: N/A " ROCK TD(AS PURPOSE AISSION PROSPERITY , THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S.D. KALLMAN, L.P. R- o J o- aij - /)E y NOW, THEREFORE, WITNESSETH: THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 24th day of the month of October, 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 S. D. Kallman, L. P. whose principal place of business is located at 1106 South Mays, Suite 100, Round Rock, Texas 78664, (hereinafter called "Engineer"), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: Re: Ray Berglund Area Development Plans Contract No. 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; 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 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 perform the mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule contains a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and specified not to exceed cost. The Work Schedule provides specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the Thirtieth (30 day of the month of July, 2004, 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, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest 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 entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." See Exhibit E entitled "Work Authorizations" for work authorization controls related to this agreement. 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept an amount not to exceed 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 not to exceed sum of One - Hundred Ninety-Two Thousand, Three Hundred Thirteen Dollars and No Cents ($192,313.00) as shown in Exhibit D entitled "Fee Schedule." The exceed sum amount payable may be increased only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, 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. M . 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 two (2) copies 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 "Estimated 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: William J. Dobrowolski III, PE, Senior Engineer 2008 Enterprise Drive Round Rock, Texas 78664 (512) 218 -6601 Office (512) 218 -5563 Fax City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 4 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: Steven D. Kaltman, PE, President 1106 South Mays, Ste. 100 Round Rock, Texas 78664 (512) 218 -4404 Office (512) 218 -1668 Fax 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 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. 5 If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. 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, 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." 6 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 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. 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. 7 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 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. 8 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 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,ennployees 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 error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. J 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 resulting from errors, omissions, or negligent acts, and same shall be 9 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 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 Five Hundred Thousand Dollars ($500,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (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, professional liability insurance coverage in the amount of Five Hundred Thousand Dollars ($500,000.00), 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 10 requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 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) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. (3) The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (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." 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. 11 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. 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. 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. 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. 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: ARTICLE 28 SUCCESSORS AND ASSIGNS ARTICLE 29 SEVERABILITY ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED ARTICLE 33 ENGINEER'S ACCOUNTING RECORDS ARTICLE 34 NOTICES 12 Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: S.D. Kallman, L.P. Attn: Steve Kallman, P.E. 1106 South Mays, Ste. 100 Round Rock, Texas 78664 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 best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, 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. 13 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. R- 0a- 10- ay -11Ey , approved by the City Council on the aN day of the month of OC70%3Ei2 , 200 2, and Engineer, 5. D. KALLInAN, L . P. , 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: ATTEST: By: By: By: M!or ARTICLE 36 SIGNATORY WARRANTY' ENGINEER: rdt, Signature of Principal Printed Name: Steven D. Kaltman, P.E., R.P.L.S. President, Steven D. Kaltman, L.L.C., General Partner, S.D. Kaltman, L.P. ATTEST: 1 Corporate Secretary 14 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area 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 "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kalhnan, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT A - Services to be Performed by City ' (Page 1 of 2) The scope of services to be performed by the City is to facilitate the scope of services shown in Exhibit B, by administering this contract, reviewing the work performed by the Engineer, accepting the Engineer's final plat, final design, inspecting the construction, and follow -up warranty. Specifically: PLATTING PROCESS 1. Provide timely reviews and guidance on stages of progress. 2. GIS files for pertinent areas of the project. 3. Provide Development Agreement document. 4. Direct property negotiations concerning the division of existing lots into smaller lots. 5. Schedule and coordinate meeting(s) with the property owners to obtain legal names required for the plats (owners & lean holders), easements required, and all other owner related information for the platting. 6. Obtain signatures for all final plats. WASTEWATER SYSTEM DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. - 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. WATER SUPPLY SYSTEM 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. ROADWAY DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Coordination necessary to secure typical section and preliminary design approval. 3. Coordination necessary to develop proposed pavement sections /designs. 4. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. 5. Determine final pavement section to be used in design. 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT A - Services to be Performed by City (Page 2 of 2) DRAINAGE DESIGN 1. Provide timely reviews and guidance on stages of progress. 2. Provide available information on existing drainage facility. 3. Provide hydraulic design criteria for project design. 4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing parcel overlay for pertinent areas. SIGNING, PAVEMENT MARKINGS, AND SIGNALIZATIONS 1. Provide timely reviews and guidance on stages of progress. 2. Provide standard detail as necessary. MISCELLANEOUS 1. Coordinate and host utility coordination meetings. 2. Assist with the location of existing utilities in the project area. 3. Prepare and coordinate any Utility Agreements. 4. Provide legal services associated with dedication statements and the execution of these documents. 5. Prepare memorandum documenting the progress of meetings. 6. With the coordination of Engineer, pothole existing utilities owned by the City. CONSTRUCTION INSPECTION 1. Provide daily inspection to ensure compliance with the plans and specifications. 2. Contract and pay directly with construction contractor for construction. 3. Contract and pay directly with geo-technical engineering firm for construction testing services. 4. Direct construction meetings. 5. Coordinate the testing. 6. Attend and contribute to in the final work through and punch list. 7. Coordinate end of warranty inspection, repairs, and final project acceptance. 17 • CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT B - Services to be Performed by Engineer (Page 1 of 3) The scope of services to be performed by the Engineer is to facilitate the scope of services shown in Exhibit A, by performing the engineering studies & calculation, coordinating surveying, environmental studies & reports, coordinating platting procedure, required to provide platting, recording, final design, and support construction services. Specifically: GENERAL 1. The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Round Rock, Texas. 2. The engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. 3. Monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. 4. When feasible, the City's standard drawings and specifications of previously approved special provisions /specifications will be utilized. 5. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and to the extent possible, incorporate references to the City's approved test procedures. 6. The plan sheets will adhere in format and content to current City of Round Rock (CORR) standards. 7. The Engineer is fully responsible for any traffic control required from any data collection activities. 8. Survey work for platting shall be performed in accordance with the Texas Board of Professional Surveyors "Manual of Practice for Land Surveying in Texas". Category IA, Condition II. 9. Survey work for design and construction control shall be performed in accordance with the Texas Board of Professional Surveyors "Manual of Practice for Land Surveying in Texas", Category 2, Condition III. Construction staking shall be provided by construction cmtractor. PHASE I - PLATTING PHASE Engineering Services: 1. Preparation of three (3) final plats. 2. Preparation of three (3) utility schematics. 3. Preparation of three (3) drainage plans. 4. Submittal of three (3) final plats, utility schematics and drainage plans. 5. Representation at City Planning and Zoning Commission. 6. Meet with affected property owners and city staff. 7. Approval of three (3) final plats. 8. File the Plats at the County Court House. 18 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kalman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT B - Services to be Performed by Engineer (Page 2 of 3) PHASE I - PLATTING PHASE Sub - Contract Services: 1. Prepare field notes and exhibits for dedication statements. 2. Define easements of property rights and all rights -of -way. 3. Final plat lot and ROW calculations. 4. Field staking lot pins. PHASE II - WATER, WASTEWATER STREET AND DRAINAGE DESIGN PLANS AND SPECIFICATIONS PHASE - Engineering Services: , 1. Prepare drainage area maps showing existing conditions and proposed improvements and submit for preliminary review. 2. Prepare hydraulic computations for culverts, channels, storm sewers and inlets. 3. Prepare hydraulic data sheets. I 4. Develop storm sewer plan and profile and culvert cross - section sheets. 5. Develop miscellaneous drainage details. 6. Prepare Stormwater Pollution Prevention Plan (SW3P). 7. Prepare EPA Notice of Intent (NOI). 8. Prepare a narrative of the construction sequencing and time estimates. 9. Prepare bid quantities. 10. Prepare pre - design estimate after utility locations and determination of scope of work, final design estimate, specifications and general notes. 11. Prepare bidding documents and all copies for the bidding process. 12. Attend pre -bid conference. 13. Attend public bid opening. 14. Review bids received for completeness and accuracy. 15. Prepare detailed bid tabulations. 16. Make recommendation for bid award. 17. Prepare notice of award. 18. Prepare seven sets of final contract documents. Sub - Contract Services: 1. Locate existing property comers and rights -of- points. 2. Locate and profile existing drainage facilities and cross section natural drainage features. 3. Locate existing marked underground and overhead utilities. 4. Set horizontal and vertical controls. 5. Set one permanent benchmark in each platted section. 6. Collect data using GPS equipment. 19 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EDIT B - Services to be Performed by Engineer (Page 3 of 3) PHASE II - WATER, WASTEWATER, STREET AND DRAINAGE SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES PHASE — Engineering Services: 1. Provide two persons to provide technical assistance at the public meetings scheduled by the City. 2. Provide two,persons to participate in project meetings and resource agency meetings. 3. Coordinate with Sub - consultant and review historic structures studies. , 4. Coordinate with Sub - consultant and review notification letter to the Texas Historical Commission Division of Antiquities. 5. Coordinate with Sub - consultant and review notification letter describing the scope and extent of wetlands on the project to the USCOE (Ecological Investigations).' - 6. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM 7. Coordinate with Sub - consultant and review environmental documents. Sub - Contract Services: 1. Perform a records search and preliminary field reconnaissance for the presence of potentially eligible structures (Historic Structures Studies). 2. Send notification letter to the Texas Historical Commission Division of Antiquities Protection describing the scope and extent of project, to receive determination as to whether an archeological survey is required. 3. Send notification letter describing the scope and extent of wetlands on the project to the USCOE to receive confirmation that the scope of the proposed project falls within existing nationwide permits for stream crossings (Ecological Investigations). 4. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM. 5. Prepare environmental documents under specified guidelines. PHASE III - CONSTRUCTION ADMINISTRATION Engineering Services: 1. Provide periodic construction inspection services to assure compliance with plans and specifications. 2. Attend construction meetings as requested by City. 3. Review and make recommendations to City on submittals, pay requests and change orders. 4. Punch list the project when contractor requests consideration for acceptance. 5. Sign off on completed punch list. 6. Prepare and submit a Plan of Record for the completed project. 7. Prepare EPA Notice of Termination (NOT). 8. Evaluate and make recommendations on all value - engineering submittals. Sub - Contract Services: 1. Setting controls on benchmarks. 20 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT C - Work Schedule (Behind this page) 21 � K . CITY OF ROUND ROCK, TEXAS RAY BERGLUND AREA DEVELOPMENT PLANS PROJECT SCHEDULE FOR PLATTING, DESIGN, ENVIRONMENTAL AND CONSTRUCTION PHASES WORK TASK 2002 2003 2004 ND J F M A M J J A S ON D J F M A M J J NOTICE TO PROCEED O Item 1: Platting Phase Final Plat Submittal O 04> •0 City Review and Approval DO o ' m DO o o Landowners Signatures ►O Submit to City/ P&Z Approval DO O ►O O File In County Records Item 2: Deakin Phase Utility Schematics O-►<> Drainage Schematics - - -- - - -- Field Design Surveys O—►O Existing Utility Field Locations <> ►<> Constmciicn Drawings <> ►O AO Contract Documents and Technical Specifications ►O ' City Review and Approval <►O o o o m o 0 40 Environmental Phase Perform a Records Search and Preliminary Field Reconnaissance for the Presence of Potentially Eligible Structures O-►O Send notification letter to the Texas Historical Commission and USCOE OO Perform an Environmental Audit for Hazardous Materials Impact and Prepare Environmental Documents m o City Review and Approval <>$Q o m O►C DO Advertisement and Bidding o 0 S D Kaltman Review & Recommendation 04 Award Project O►O Pre - Construction Conference Item 3: Construction Administration Phase Setting Controls on Benchmarks O ►O Construction Administration Services <> ►O <> Plan of Record 22 CLASSIFICATION SALARY RATE HOURLY RATE* PROFIT Q 10% TOTAL STANDARD RATE Principal and Registered $ 72.11 $ 216.33 $ 21.64 $ , 237.97 Professional Engineer Senior Engineer $ 38.00 $ 114.00 $ - " 11.40 $ 125.40 Project Manager $ 28.85 $ 86.55 $ 8.66 $ 95.21 Engineer ElT $ 22.00 $ 66.00 $ 6.60 $ 72.60 Land Planner $ 20.00 $ 60.00 $ 6.00 $ 66.00 Design Technician $ 24.50 $ 73.50 $ 7.35 $ 80.85 Secretary $ 18.55 $ 55.65 $ 5.57 $ 61.22 CLASSIFICATION TOTAL STANDARD RATE TOTAL EXPERT TESTIMONY RATE* Principal and Registered Professional Engineer Senior Engineer Project Manager $ 237.97 $ 125.40 $ 95.21 $ 297.46 $ 156.75 $ 119.01 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kaltman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT D - Fee Schedule (Page 1 of 2) HOURLY RATE SCHEDULE * Hourly rates are based on salary costs with a 3.0 multiplier. EXPERT TESTIMONY, IF REOUIRED BY THE CITY MINIMUM 4 HOURS PER DAY * Rates are based on "Total Standard Rate" with a 1.25 multiplier. 23 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT D - Fee Schedule (Page 2 of 2) Basic Services: PROJECT Item 1: Platting Phase • Preliminary Plats (3 Total); Work completed under original Engineering Services Agreement • Final Plats (3 Total) • Field Staking of Lot Pins Item 2: Design Pltase— Water. Wastewater. Street and Drainage • Utility Schematics • Drainage Schematics • Field Design Surveys • Existing Utility Field Locations • Construction Drawings • Contract Documents and Technical Specifications Item 3: Construction Administration Phase • Setting Controls on Benchmarks • Construction Administration Services 24 Environmental — Social Economic, Environmental and Public Study • Perform a Records Search and Preliminary Field Reconnaissance for the Presence of Potentially Eligible Structures • Send notification letter to the Texas Historical Commission and USCOE • Perform an Environmental Audit for Hazardous Materials Impact and Prepare Environmental Documents • Bidding of Project • Award of Project and Pre - Construction Conference MILESTONE & ESTIMATED PERCENTAGES 100% Upon Contract Authorization 90% Upon Submission to City 10 %Upon City Approval . 100 % Upon Completion ■ 90% Upon Submission to City 4 10% Upon City Approval 90% Upon Submission to City 10% Upon City Approval 100% Upon Completion 100% Upon Completion 50% Upon Submission of Preliminary Drawings to City 40% Upon Submission of Final Drawings to City 10% Upon City Approval 90% Upon Submission of Final Documents to City 10% Upon City Approval 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion 100% Upon Completion Monthly Based on Effort Required TOTAL COMPENSATION FOR BASIC SERVICES NOT TO EXCEED: $192,313.00 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT E - Work Authorizations (Behind this page) 25 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH S. D. Kallman, L. P. Platting and Development Design for Ray Berglund Area EXHIBIT F - Certificates of Insurance (Behind this page) 26 F.M1 :S. Dr KRLLMRN,L.P. • GER,TIFICATE.OF' LABILITY INSURANCE • n¢t *neh, Nat cork .of Tex. u. • 143: East *wan , 494r542r9.Texas .',78442 5299. IN8IJR8P S.D. l(al.lilan i.P. C�oB i•itnpAsutauchk&.`'lSay Siorr nt to 100 id'teute D THIS IS TO. Tit'7 T' ►T a bove I � by the Coinpantca liated above with respect re • • the business operations hereinafter described. for the types of Insurance; and in accordance with the provisions of • • the standard policies used"by the *wades; and further hereinafter described.. Exceptions to the policies:air noted below, CO TYPE OF !N9VP ANCE NUMBER T.TR • • QRN>ittA1. tAidtl tl Y • A AUTOMOBILE LIABILITY EXCESS WBILET WORKERS comyn248Nrunt AND EMPLOYERS UAEJtfIY PRQPPImIONAL LIABILITY Cettificue Ointments FAX NO. :512- 218 -1668 TXP164662300 2 -19 -02 13ESCRIPT[0N OP OPERATIONSILOCATIONSMnitC1 .E8/RI CIAL TiSinnExcHyrrOxii Oct. 10 2002 03:51PM P2 10 -10 -02 ' Data: COMPANIES AFFORDING COVERAGE • A "Trinity: lin #vernal .IC • •. C EFFECTIVE EXPIRATION tamrrs DATE DATE • 2-19-03 OENERALAQQREOATB $ 00 0,000 PROAUCTS.COMPIOP AGO, 9 PERSONAL A ADV. INJURY $1,000,00C EACH OCCURRENCE • SI, 000 ;40C FIRE DAMAQE (Any oM Tirol ` ' $ 100, 0 141313.13X17#1$1 q't0' ono p4/wn) $ • , 5 .00C . CQMAINRP SIMMS LIMIT $ . .BODILY INJURY (Par rata* , $ . . nenrLY INJURY (Par acctdrm) $ PROPERTY DAMAGE S MACH OCCURRENCE $ AOORROATE STATUTORY 1 IMrts $ EACH Accinte T ' $ num =- PO'IJCYuMrr S PISBASE- EACHBatPIOYIni $ The City of Round d Rack is awned as additional Imwtd with aspect to an elides exmt Warkero' CampenN jI0n And 13mptoyere L[ab Should any of the above described policies be c* fled er before dre eaplrsHal date thereat, the towing camp'ny will mail thlny (30) days written notice 1a the a ntrie to bailor MEW [e]ow. CERTIFICATE HOLDER; City affNtget SIC INATURB OF AlrfHQ E ATM City of Retest Rock ' 221 E. Main Street Rowed Eoek, Tatar 98664 ►Yped Name; ` J Tide: Cli° 10/10/2002 THU 15:41 [TX /RX NO 5238] e002 FROM KALLMAN,L.P. CERTIFICATE OF LIABILITY INSURANCE PRODUCER • greater Texas Insurance Agency .9809 Anderson 1ii11 Rd . • Auto, Texas 78750 • CO. TYPE OF INSURANCE POLICY • EFFIC'TIVE EXPIRATION tzars n'rs • • LTR NUMEEIt DATE DATE OBNaRAL LuABILIIY AUTOMO5TLH LrAEILITY A Scheduled autos TCA2986181 • hired autos Non -Owned autos IIXCES9 LYAHILITY FAX NO. :512- 218 -1668 . WORKIR9' COMPENSATION AND EmPLOYffit8' TXABHIrY FROVOSSIONAL ISOMfl Y ce igese otberaeros a 07/22/02 07/22/03 DASCRIAI ION OP ountrArrossmOCATIOtismatumwsnactAL hrsizoccarnorts Tmrd SLms Ken MoLI♦4, Oc Oct. 10 2002 03:52PM P3 • Date: 10/10/02 COMPANIES APPORDINO COVERAGE A TRINITY UNIVERSAL INS COWANY INSURED S D Kaltman, L.P. C 1106 south Nays, Suite 100 RDUnd Rot , Texas 78664 • TFIiS is TO CERTIFY THAT the Insured muted above Is ]edited by the Companies listed above'with respect to the business operations hereinafter described, for the types of insurance and is accordance with the provisions of .the 'standard policies lased .by the.companres, And tattler beseinafter described. BxcoptIons to the policies. are 'noted below, " II • GENERAL AOOREOATB 5 PADDINDS- COMP/OP AGO. S PERSONAL & ADv. Holm $ BACK DCCUSRENCE S nms DAMAOS (Any mm ere) $ NMD. EXPBNSO (Any one pm* S s7�fn COMBRPED SINOLD UNIT ^ ';a,....0 ,0C BODILY IN3URY (P r penes) . $ BODILY•1NJURY (PcCacctdcnn $ PROPJaTY DAMAGE S EACIo OCCUBRBNCB ADOREGATE• 5 STATUTORY LIMITS . S $ACR ACCIDENT $ DISEASE - POUCY UMrr S DJ$$A5$- BAC11I3MPI.010B 5 The City o Round Hoek Is mead Ae s4ditioatl [t>sumd with revert tt err as potties except Workers' cosnpcnsadun end : ployeis' LlabUlty. • Should any of tie shove described policies to to ttelle4 or tad Ware the erplrat}on date Thereol, the issuing cumpsny will mall thirty Oci) days written ao icn to t]Ie =aisle holder lamed below. CHATJPICATE HOLDER: City Monet City of Roma Rot 921 E. Main Suers . Round Rock, Tali 78664 ATIVE 10/10/2002 THU 15:41 [TX /RX NO 5238] X1003 CO TYP}OrINSFRANCE POLIO/ It . • DAI>� TION - . LIMITS . . GENERAL LIABILITY .. GENERAL. WORBOATE. • • • • Y160DtFdr>t doakeiOY M. AG $ . $ ' • • , • PER$ONAI. a ADV. INJURY . EAL0OCOVRR.NCE $ S FpsE AWE (Any Caefire) 3 Mb. EXPENHE (Any ammo* s • AUTOMM COMBINED sIfamwin' $ .1LU LUADiZrY BODILY INJURY (Pw p.nea) S . ' DOINLY INJURY (Pc lea S PROPERTYDAMAOE s • . EJ(Ca$$LtABILEY EACH o ENCE ApOREOATB • $ $ .. ANDEMMPWY86b EssEaS1Y STATUTORY 111111•$ S WOR 4PENaAYtON ' - $ACHACCIDEI7 • DT>tEASE FO1 etrumrF $100,000 $l00,o00 k INHEASE 1100,000 PROPa$$1ONALLisuairY • DHeaR1PT] ONOP &A114NH • . . FROM 7"S. D. KALLMAN,L.P. Cs1Naw orlooaocel400 FAX 110. :512- 218 -1668 TRW Army Nearer Oct. 10 2002 03:52PM P4 : CERTIFICATE OF LIABILITY INSURANCE 1I ociobvr 16, 2002 PRODUCER COMPANIES AI)t!ORDittierSOVI A.Cid • Jt HrtgBa In$lrtaace AgonaY A Yemen Int1Pance Rahatrge•' 1219 Rd. • Cleorgetcrwn, •PX78628 INSURED C SD KallmsnL.P. THIS IS TO CERTIFY THAT the Insured tamed above is insured byte Companies listed above with respect to the business Operations hereinafter detaadbed, for the types of inswartee and in accordance with the provisions of the standard policies used by'tiiu:compamas, and further hensitisiter &Sca & Exceptions to the policies are noted *dais. 'De City of Relied Rook is nimbi ss additioest mond with =wet lo path. aceept Caspereetien end Employers' Liability. Should say o fess alma desaribed policies bete cmoe8e6or choked before the wadi= deb, thereof, me imam company will *ail Chitty (30) alga smitten Dallas hl the catitlaetnlwlAer; edia:kw. CERTIFICATE EOLDIES: oily niteli Y • 221 Msia street Roand Rest-Taos 7a564 : Si' 1 M.1,': YA :11 „/ , i &Z �► aurora E.Grum 10/10/2002 TAU 15:41 ITX /RX NO 5238] U004 FRAM :.S. KRLLMAN,L.,P. FAX NO. :512- 218 -1668 Oct. 11 2002 10:02AM P2 10/11/2002 FRI 8:44 FAX 5123319950 GREATER TEXAS INSURANCE Roovoot CERTIFICATE OF LIABILITY INSURANCE Dab: 10 -11 -42 :PRODUCER G s ta r Texas Insurance ' Itg6InCY COMPANIES AFFORDING COVERAGE 9809 Anderson Nil1 Road Austin, Texas 78750 A CORTINENTAL 'CASUALTY CO C/0 VICTOR 0. SCHINNERER $ CO.,INC. TRINITY UNIVERSAL INSURANCE Co' INS1IRBn S D Kaltman, L.P. 1106 South Nays, Suite 100 Round Rock, Texan 78664 GENERAL L:AnmtITY AUTOMOBILE uAm rrr B Scheduled autos . TCA2986 Hired autos non —owned autos BXCEsS LAE1Lrn WOR1oIRS' COMPANSATION AND EMPLOYERS' LIABILITY CERTIFICATE HOLDER: City Manager City of Mud Radr 221 E. Mali Sten Round Rock, Texas 78664 C D • THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described,' for the types of insurance and in accordance with the provisions of the standard policies used by the companies. and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE 81 07/22/02 -03 A EiolassiONAL m AEA11- 378 -12 -21 2 -13 -02/03 AGGREGATE $500,000. PER CLAIM $$00,000. DEDUCTIBLE $20,000. DESCRIPTION OP 4PBRATiONS/I.00ATioNS VEfEQ$.VSPECIAL r413643fiECCEPTIALEI The City. of Round Rock to named n additional iumW with nap= to all wicks except 'Workers' Componsci to and t nployors' Llabitlq' and `Prof6solonal Liability'. Should coy ad= slaws detvibed policies be aaoeedled or changed before the expired= date dumof, the leaning company will mail thirty (30) days written notice to tit cerdtieata bolder maned below. • OENEaM AISG TB $ PRODVCTS- COMPJOP AGO- $ PERSONAL & ADV. IOURY $ EACH OCCURRENCE $ FIRE DAMAGE (Amy one fire) $ MED. EXP8NSB (Any ma prno coMBINEDSINOOLBLIME' 41400,000. BODILY INIURY (Yts Pasott) 3 20D11.Y t IURY p'ce ax16aa0 $ PROPERTY DAMABE $ IBACH OCCURRENCE $ ASOREGATE $ STATUTORY tzars $ EACH ACCIDENT DISEASE - POLICY LTMn' $ D>22M2- EACHEMPIAYEB $ StuNA7VR1 k7F OKI21?}7 KIT ENTATIVB T Ken teLaltl i CIO Agent 10/11/2002 FRI 09:51 [TX/R2( NO 5247] Z002 S Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. November 18, 2002 Mr. Steven D. Kaltman, PE, President S.D. Kallman, L.P. 1106 South Mays, Ste. 100 Round Rock, TX 78664 Dear Mr. Kallman: cerely, hristine R. Martinez Mayor City Secretary Nyle Maxwell Enclosure The Round Rock City Council approved Resolution No. R- 02- 10- 24 -11E4 at their regularly scheduled meeting on October 24, 2002. This resolution approves the Agreement for Engineering Services for the Ray Berglund Area Development Project. Enclosed is a copy of the resolution and original Agreement for your files. If you have any questions, please do not hesitate to contact William Dobrowolski III, Senior Engineer at 218 -6601. CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone. 512 218 5400 • Fax 512.218.7097 • www.Ci round-rock tx us