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R-2015-2863 - 9/24/2015
RESOLUTION NO. R-2015-2863 WHEREAS, the City of Round Rock desires to retain engineering services for the E. Bagdad Avenue Extension Project; and WHEREAS, Atkins North America, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with Atkins North America, Inc.,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Atkins North America, Inc. for the E. Bagdad Avenue Extension Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of September, 2015. ALA MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1504;00342296 EXHIBIT "All 00 ROUNDROCK,TEXAS PURPOSE.PASSION.PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: ATKINS NORTH AMERICA, INC. ("Engineer") ADDRESS: 6504 Bridge Point Parkway, Suite 200,Austin, TX 78730 PROJECT: E._Ba2dad Avenue Extension THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2015 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.04/13 0199.1539;00340989 00192831 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Four Thousand Seven Hundred and 41/100 Dollars ($104.700.41) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah Collier Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 341-3318 Fax Number(512) 218-5563 Email Address Icollier@roundrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Steven Lindsey Senior Engineer 6504 Bridge Point Parkway, Suite 200 Austin, TX 78730 Telephone Number(512) 372-1214 Fax Number(512) 327-2453 Email Address steven.lindsey@atkinsglobal.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Steven Lindsey Senior Engineer 6504 Bridge Point Parkway, Suite 200 Austin, TX 78730 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terns or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Sara L. White, City Clerk ATKINS NORTH AMERICA, INC. By: Signature of Principal Printed Name: 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City of Round Rock Public Works Department will furnish the Engineer the following items/information: TASK 1: PROJECT MANAGEMENT 1. Review and approve invoices. TASK 2: SURVEYING 1. Provide any Round Rock specific surveying requirements. TASK 3: ENVIRONMENTAL STUDIES 1. Review and provide feedback on environmental tech memo. TASK 4: PRELIMINARY DESIGN/30% PLANS 1. Review and approve design parameters and typical section. 2. Provide as-built plans for adjacent roadways and trails as needed. 3. Provide City of Round Rock utility information. 4. Provide subdivision plats and site plans along the corridor. 5. Provide available information on existing drainage facilities. 6. Provide hydraulic design criteria. 7. Review and provide comments on 30%plans. EXHIBIT B Engineering Services PROJECT DESCRIPTION This project consists of preparing survey, environmental tech memo, and 30% PS&E for the E Bagdad Ave Extension. The proposed project will include a new location 2-lane divided roadway connection between Burnet St and S Black St as well as improvements to S Georgetown St between S Black St and E Main St. Connections with Lewis St and S Stone St are also included. The approximate length of the project is 0.33 miles. TASK 1: PROJECT MANAGEMENT 1. Prepare monthly project status updates and invoices. 2. Manage sub-consultants. 3. Prepare for and hold kickoff meeting. 4. Prepare project execution plan including QA/QC plan and schedule. TASK 2: SURVEYING 1. Engineering Design Survey a. Recover, verify, and utilize established control from work performed previously in the immediate area. Set primary control monuments at strategic locations at the north and south limits of the project as inter-visible pairs with no greater than 500 feet between each monument. The values will be relative to NAD 83 Texas State Plane Coordinates, Central Zone, 4203 (scaled to surface values) and reconciled to the CORR GPS monument system. A "combined scale factor" will be derived for coordinate conversion purposes based on an average CSF of all primary point coordinates. Vertical Datum will be GPS derived orthometric heights. b. Establish a vertical control system for the project. A benchmark system will be established at approximately 500' intervals along the project route. Differential level lines will be conducted for establishing the elevation at each benchmark. A list of benchmarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. c. Place a utility location request with "One Call" system for designating of the underground utilities within the project limits. d. Collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation. The data will include curbs, gutters, pavement markings, culverts, driveways, portions of parking areas, visible utilities and/or "one call" markings, drainage features, irrigation installations as encountered, trees (ornamentals and/or 8" dbh and up, if any) and any improvements within the defined area. Provide flow line elevations of "wet" manholes within the project limits. Generate a 1 foot contour interval DTM file of the project area. NOTE: reasonable attempts for Page I of 4 measurements at silted drainage structures will be performed. Significant excavation of silt could result in seeking of additional fees for data acquisition. 2. ROW Survey a. Perform sufficient research of property records from various sources and office tasks to develop the record ROWS and adjacent easements of record. This task will be performed without benefit of title abstract for adjacent properties. There may be other instruments not shown or known that affect the properties. b. Perform sufficient field and office work to reasonably attempt recovery of property corners, highway monuments, or other evidence along the project route to aid in the analysis and reconstruction and depiction of the existing E Bagdad Ave (including side streets as per limits described) ROW. TASK 3: ENVIRONMENTAL STUDIES 1. Complete an environmental study. Provide an environmental technical memorandum summarizing the findings of the study. The study will include: a. Identify and evaluate the social, economic, and environmental consequences of the planned improvements and prepare an Environmental Technical Memorandum. Scope of services is based on the assumption that no NEPA triggers will be encountered (federal funding or permitting) and that all investigations will be conducted based on existing literature and mapped data, aerial photography and field reconnaissance. If a TxDOT environmental document is required, a scope/fee modification would be required. b. Wetlands and other Waters of the U.S—Perforin: (1) background research (i.e., floodplains, topography, soils, National Wetland Inventory Maps) on the project vicinity; (2) a field investigation to identify, characterize, and map Waters of the U.S. potentially affected by the project (i.e. perform a Wetland Determination); (3) Identification of the appropriate Nationwide Permits or Individual Permit, if necessary. The field investigation would follow current U.S. Army Corps of Engineers guidance regarding waters of the U.S. under Section 404 of the Clean Water Act. Right-of- entry would be provided by the City of Round Rock if required. Preparation of a PCN, Individual Permit, or a mitigation plan are not included in this task. If this work is deemed necessary, it shall be negotiated as a supplemental agreement. c. Biological — Perform characterization of project area ecological resources including descriptions of vegetation and wildlife habitat resources. Ecologically sensitive resources, if any, will be identified and discussed in the document. During field investigations, an assessment of the suitability of affected habitats to support species listed as threatened and/or endangered by the U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department will be performed. The City will be notified if Page 2 of 4 presence/absence surveys are recommended or if agency consultation will be required. d. Cultural Resources — Project archeologists will conduct background research at the Texas Archeological Research Laboratory (TARL) and summarize findings and recommendations in the tech memo. Any required archeological survey, testing or data recovery would be performed under a supplemental agreement. e. Geologic Assessment - Project is located in the Edwards Aquifer Transition Zone. Any requirements will be summarized in the tech memo. A Geologic Assessment or Water Pollution Abatement Plan, if necessary, will be prepared under a supplemental agreement. f. Hazardous Materials - Conduct transaction screening to identify and inventory potential contamination source areas that may affect the project. A database search and visual inspection within the proposed right-of-way will be conducted to determine existing conditions. If recommended based on these efforts, a Phase I ESA would be accomplished under a supplemental agreement. g. Public Involvement—No Public Involvement is anticipated. TASK 4: PRELIMINARY DESIGN/30% PLANS Roadway 1. Using the TxDOT Roadway Design Manual, AASHTO's A Policy on Geometric Design of Highways and Streets and City of Round Rock Design Standards, identify design parameters for design speed, horizontal alignments, typical sections and ROW widths. 2. Develop project typical sections using established design parameters. The E Bagdad Ave typical section will consist of two 12' travel lanes with curb and gutter. The southerly right-of-way line shared with the railroad will have a fence and there will be a sidewalk on the north side of E Bagdad Ave. 3. Develop preliminary horizontal and vertical alignments. It is assumed that development of only one horizontal and one vertical alignment will be necessary. 4. Prepare preliminary plan/profile sheets. 5. Provide preliminary cross-sections at 50' intervals. 6. Set proposed right-of-way limits. 7. Develop preliminary cost estimate. Drainage 1. Prepare on site and regional drainage area maps showing existing conditions and proposed improvements. 2. Prepare draft hydraulic computations sheets for schematic storm sewer and inlets necessary to support 30%PS&E. 3. Develop 30% plan sheets schematic storm sewer locations and tie-ins to existing storm sewer systems. Page 3 of 4 4. Determine if storm water detention is necessary. Design of detention would be accomplished under a supplemental agreement. Miscellaneous 1. Identify potential utility conflicts based on above ground facilities located in field survey and available GIS data. TASK 5: DIRECT EXPENSES 1. Mileage for site visits and meetings 2. GPS rental for environmental field work 3. Hazmat database search 4. Printing and shipping NOT INCLUDED WITHIN THIS SCOPE The following items are not included with this scope. These items, if necessary, would be added to the scope through a supplemental agreement. 1. TxDOT environmental document. 2. Preparation of a PCN, Individual Permit and a mitigation plan. 3. Archeological surveys, testing and data recovery. 4. A Geologic Assessment and Water Pollution Abatement Plan. 5. Phase I ESA 6. Public involvement 7. Storm water detention pond design. DELIVERABLES Proiect Management 1. Monthly project status updates and invoices Environmental 1. Environmental technical memo 30% Submittal 1. Two 11"X17" plan sets to include cover sheet, typical sections, preliminary roadway plan and profile sheets, preliminary drainage layouts and cross sections 2. 30% construction cost estimate Page 4 of 4 EXHIBIT C Work Schedule Attached Behind This Page E BAGDAD AVE EXHIBITC ID Task Name Duration (Start Finish 2015 Oct Nov Dec Jan Feb 1 Anticipated NTP 1 day Thu 10/1/15 Thu 10/1/15 2 Survey 32 days Thu 10/1/15 Fri 11/13/15 3 Environmental Tech Memo 72 days Thu 10/1/15 Fri 1/8/16 4 Prepare 30%Plans 69 days Thu 10/1/15 Tue 1/5/16 --"- " - 5 Roadway& Drainage Design 57 days Thu 10/1/15 Fri 12/18/15 6 Cost Estimate 3 days Mon 12/21/15 Wed 12/23/15 7 QA/QC 7 days Mon 12/28/15 Tue 1/5/16 war- 8 Submit 30% Plans and Environmental Tech Memo 1 day Mon 1/11/16 Mon 1/11/16 9 City Review 30% Plans and Environmental Tech Memo 14 days Tue 1/12/16 Fri 1/29/16 10 Meet with City to Review 30% Plans and Environmental Tech 1 day Mon 2/1/16 Mon 2/1/16 Memo Task External Milestone v Manual Summary Rollup Split Inactive Task _ , . . Manual Summary --� Milestone U Inactive Milestone O Start-only C Summary Inactive Summary 0 --- - ' Finish-only Project Summary v —--- Manual Task C _3 3 Deadline � External Tasks Duration-only Progress Page 1 EXHIBIT D Fee Schedule Total Total Other TOTALS Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants Task 1:Project Management 44.0 $ 6,429.42 $ $ $ 6,429.42 Task 2:Surveying $ $ $ 29,888.00 $ 29,888.00 Task 3:Environmental Studies 78.0 $ 9,675.16 $ $ - $ 9,675.16 Task 4:Preliminary Design/30%Plans 457.5 $ 57,352.34 $ $ $ 57,352.34 Task 5:Direct Expenses $ $1,355.50 $ $ 1,355.50 GRAND TOTAL: 579.5 $ 73,456.91 $ 1,355.50 $ 29,888.00 $ 104,700.41 Overhead Rate=157.53% Atkins Raw Labor= $ 25,467.53 Profit Rate= 12% Atkins Overhead= $ 40,119.00 Atkins Profit= $ 7,870.38 Atkins Total Labor= $ 73,456.91 E BAGDAD AVE EXTENSION EXHIBIT D Task 1: Project Management Project Senior Senior Design Design Senior Admin/ Total Task Description Engineer Env Manager (QAQC) Engineer Engineer EIT planner Clerical Hours Rates $ 62.02 $ 71.46 $ 51.12 $ 48.08 $ 27.24 $ 53.94 $ 31.50 Project Management 1. Prepare month) status reports and invoices 12 6 18 2. Manage subconsultant 4 2 6 3. Kickoff meeting 2 2 2 2 2 2 12 4. Project execution plan(including QA/QC plan and schedule 4 4 8 Totals 22 2 2 2 6 2 8 44 Raw Labor $1,364.44 $ 142.92 $ 102.24 $ 96.16 $ 163.44 $ 107.88 $ 252.00 $ 2,229.08 Multiplier 2.88 2.88 2.88 2.88 2.88 2.88 2.88 $3,935.50 S 412.23 $ 294.89 $277.36 $ 471.42 S 311.16 $ 726.85 $ 6,429.42 Page 2 E BAGDAD AVE EXTENSION EXHIBIT D Task 2:Surveying SERVICE 2CREW 3CREW 4CREW ADD PMRPLS 1GPS TECH GPS TEC ADMIN TOTAL PS REG($15/UnNHour VEHICLES(S60/UnIVDay ATVs($55/Und0ay) TOTAL RATE I HOUR $138 $160 $183 S42 5136 5132 5118 $98 S98 $54 #of Was #of Hours #of Units #of Days #of Units #of Days ADMIN/MOBILIZATION/811 COORD 2 HRS 1 HRS 2 HRS 4 HRS S 816.00 S 816.00 PRIMARY CONTROL 16 HRS 4 HRS 5 2,680.00 S 2.660.00 SECONDARY TRAV CNTL 12 HRS 1 HRS 2 HRS 2 HRS 5 2.092.00 S 2,092.00 LEVELS 10 HRS i HRS 2 HRS S 1,928.00 S 1,926.00 FIELD SURVEY 48 HRS 24 HRS 8 HRS 8 HRS 4 HRS 2 HRS $ 12,964.00 5 12.964.00 DELIVERABLES 1 HRS 2 HRS 40 HRS 2 HRS S 4,428.00 S 4,428.00 FIELD CHECKS 2 HRS 10 HRS S 1.244.00 S 1,244.00 FIELD SURVEY 76 HRS 34 HRS 0 HRS 0 HRS 3 HRS 15 HRS 12 HRS 60 HRS 0 HRS 10 HRS $ 26.152.00 0 HRS l�l,� 0 DAYS 0 DAYS $26.152.00 5 S RESEARCH 2 HRS 8 HRS 5 14048.00 g 1,048.00 ROW BNDY RECONSTRUCTION 8 HRS 4 HRS 8 HRS $ 21416.00 S 2,416.00 S 5 S 5 5 S S S S 5 S S S $ S 5 3 $ ROW PRODUCTS B HRS 0 HRS 0 HRS 0 HRS 0 HRS 6 HRS 0 HRS 16 HRS 0 HRS 0 HRS S 3.464.00 %l//'i- 0 HRS O// 0 DAYS /D'/".�F"/ 0 DAYS 5 3,464.00 $ S MEETINGS 2HRS S 272.00 $ 272.00 5 S S 5 5 $ S S S S S g 3 S S S S $ 5 $ 3 5 OTHER SURVEYING TASKS 0 HRS 0 HRS 0 HRS 0 HRS 2 MRS 0 HRS 0 HRS 0 HRS 0 HRS 0 HRS S 272.00 f - —7H—Rs 7 W70/70 DAYS 0 DAYS 5 272.00 $ g S S _i_- $ S S 5 $ S S S $ S $ S S S S $ $ 5 S S S 0 HRS 0 HRS 0 HRS 0 MRS 0 HRS 0 HRS 0 HRSA.H 0 HRS0 HRS S 0HRS 0 DAYS 0 DAYS S SUB-TOTAL 84 HRS 34 HRS 0 HRS 0 HRS 5 HRS 21 HRS 12 HRS 0 HRS 10 HRS S 29,888.00 TOTAL 0 HRS TOTAL 0 DAYS ,TOTAL 0 DAYS S 29.888.00 REIMBURSEABLE ITEMS g REIMBURSEABLE SERVICES Is ESTIMATED FEE 571,592 1 $5,440 1 SO 1 SO 5680 $2,772 1 57,416 57,448 $0 5540 I 50 I I $0 SO 1$29,888.00 529,888 Cost Vanables: Reimbumeable Sem—Include: Reimbumeable Fees Include: GPS Receivers $15 $0.00 Vehicle S60 50.00 ATV S55 5000 Total: 50.00 Total: 50.00 Page 3 Page 3 E BAGDAD AVE EXTENSION EXHIBIT D Task 3:Environmental Studies Project Senior Senior GIS Total Task Description Manager Scientist Scientist Env Historian Arch. Graphics Hours Planner Rates $ 62.02 $ 55.77 $ 28.85 $ 53.94 $ 33.60 $ 32.00 $ 36.09 Environmental Studies 1. Environmental Tech Memo 8 1 16 1 6 30 2. Wetlands and Waters of the U.S. 2 8 2 12 3. Biological 2 8 2 12 4. Cultural Resources 4 4 8 5. Geologic Assessment 2 8 10 6. Hazardous Materials 2 4 6 Function Code Totals 8 6 26 24 4 4 6 78 Raw Labor $496.16 $ 334.62 $ 750.10 $1,294.56 $ 134.40 $ 128.00 $216.54 $3,354.38 Multiplier 2.88 2.88 2.88 2.88 2.88 2.88 2.88 $ 1,431 $ 965 $ 2,164 $ 3,734 $ 388 $ 369 $ 625 $9,675.16 Page 4 E BAGDAD AVE EXTENSION EXHIBIT D Task 4:Preliminary Design/30%Plans Senior Senior Task Description Project Engineer Senior Design Design CADD Total Manager (QAQC) Operator Engineer Engineer EIT Hours Rates $ 62.02 $ 71.46 $ 51.12 $ 48.08 $ 27.24 $ 40.39 Preliminary Design/30%Plans A. Roadway 1. Establish Design Criteria 4 4 8 16.0 Cover Sheet 0.5 1 4 5.5 2. Typical Sections a.E Bagdad Ave 1"=20' 0.5 2 8 10.5 b.Lewis St 1"=20' 0.5 1 4 5.5 3. Roadway Sheets a.Horizontal Alignment 2 2 8 12.0 b.Vertical Alignment 2 2 8 12.0 C.Geometric Data 2 4 6.0 d.E Bagdad Ave Plan&Profile 1"=100'H,1"=20'V 1 1 4 8 14 e.Lewis St Plan&Profile(1"=100'H,1"=20'V) 1 1 2 4 8.0 4. Cross-Sections(50'spacing) a.E Bagdad Ave 1"=20' 1 2 30 33 b.Lewis St 1"=20' 1 2 10 13 5. Determine ROW Limits 1 2 4 8 15 6. Cost Estimate 1 2 8 16 27 7. Quality Control 2 8 4 8 22 8. Prepare for and Attend Meetings 2 5 5 10 20 B. Drainage 1. Drainage Design Hydrology a.Offsite As-Built Plan Review 2 6 8 b.Drainage Area Estimate 16 16 d.Drainage Flow Parameter Estimate Rational Method 24 24 e.Prepare Summary Data for Design Plans 2 4 6 f.Determine if Detention is Necessary 8 8 g.Quality Control 8 4 12 2. On Site Hydraulics Drainage Design a.Schematic Storm Sewer Pipes,Inlets and oufalls 4 24 28 b.Quality Control 4 4 8 3. Drainage CADD a.30%Design Plans 4 30 34 b.Check Plans 4 8 12 C. Miscellaneous 1. Identify Existing Water&Wastewater Lines and Appurtences 2 16 8 26 2. Identify Above Ground Utilities and Potential Conflicts 2 8 16 26 3. Site Visits 2 4 4 4 4 16 4. Prepare Submittal Package 2 4 8 14 Function Code Totals 28.5 12 42 211 126 38 457.5 Raw Labor S 1,767.57 S 857.52 S 2,147.04 S 10,144.88 S 3,432.24 S 1,534.82 S 19,884.07 Multiplier 2.88 2.88 2.88 2.88 2.88 2.88 $ 5,098 S 2,473 S 6,193 S 29,261 $ 9,900 $ 4.427 S 57,352.34 Page 5 E BAGDAD AVE EXTENSION EXHIBIT D Task 5:Direct Expenses Direct Cost Unit Quantity Unit Price Total Site Visits&Meetings Mileage Mile 600 $0.575 $345.00 GPS Rental EA 1 $50.00 $50.00 Miscellaneous Hazmat Database Search EA 1 $300.00 $300.00 Printing Exhibits Color on Bond SF 2001 $2.00 $400.00 Photocopies BAN 8.5 X 11 EA 500 $0.11 $55.00 Photocopies BNV 11 X 17 EA 150 $0.17 $25.50 Overnight Mail-letter size EA 2 $17.50 $35.00 Overnight Mail-oversized box EA 2 $35.00 $70.00 Courier Services EA 2 $37.50 $75.00 Total Direct Costs $1,355.50 Page 6 EXHIBIT E Certificates of Insurance Attached Behind This Page A� CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 08/26/20 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does notconfer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NA F- Willis of New York, Inc. PHONE 877_945-7378 F c/o 26 Century Blvd. AX 888-467-2378 P. 0. Box 305191 E-MAIL Nashville, TN 37230-5191 -ADDRESS, certificates@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Greenwi ch Insurance Company 22322-001 INSURED Atkins North America, Inc. INSURERB:American Guarantee & Liability Insurance 26247-001 2001 NW 107th Avenue INSURERC:Underwriter's at Lloyds 15792-001 Miami, FL 33172-2507 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23498199 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE DDL SUB POLICY NUMBER POLICY EFF POLICYEXPI TP LIMITS A X COMMERCIAL GENERAL LIABILITY Y CGG740901604 X4/1/2015 4/1/2016 1E��AApC,,��HgqOEECCCUURRRRENCE $ 1,000,000 ICLAIMS-MADE OCCUR PREMISES(t aolccurence) $ 300,000 X Contractual Liability MED EXP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FX� PRO- JECT X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y CAH740901704 4/1/2015 4/1/2016 COaaBINED)INGLELIMIT $ 2,000,000 JX ANY AUTO BODILY INJURY(Per person) $ ALLOWNEDJAUTOS SCHEDULEDBODILY INJURYPeraccident $ AUTOS ( )HIREDAUTOS NON-OWNED PROPERTY Yt)AMAGE $ $ BX UMBRELLA LIAB X OCCUR AUC924234903 4/1/2015 4/1/2016 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 000,000 DED I RETENTION$ $ A WORKERS COMPENSATION CWG740901504 /1/2015 4/1/2016 X PERUTF OTH- ANDEMPLOYERS'LIABILITY YIN STAT ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? �"J rMandatory.inNH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 ffyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional B080111209P15 /1/2015 4/1/2016 $1,000,000 Each Claim & Liability-Claims Made $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additonal Remarks Schedule,may be attached if more space is required) RE: East Bagdad Avenue Extension project Greenwich Insurance Companies Best Rating A XV American Guarantee and Liability Insurance Company Best Rating A+ XV Underwriters at Lloyd's London AM Best Rating: A XV. Professional Liability policy written on claims-made basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - City of Round Rock 221 East Main Street Round Rock, TX 78664 Eric Munroe Coll:4754852 Tpl:1986249 Cert:23498199 ©1988-2014ACORD CORPORATION.All rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 33004588 LOC#: ADDITIONAL REMARKS SCHEDULE Page-2-of 2 AGENCY NAMED INSURED Atkins North America, Inc. Willis of New York, Inc. 2001 NW 107th Avenue POLICY NUMBER Miami, FL 33172-2507 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE There are no Deductibles or Self-Insured Retentions on the General Liability, Automobile Liability, Workers Compensation and Umbrella coverages. City.of Round Rock is an Additional Insured on the General Liability and Automobile Liability, if required by contract, with respect to the operations of the insured on the above listed project. ACORD 101 (2008/01) Coll:4754852 Tpl:1986249 Cert:23498199 ©2008ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CGG740901604 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE ® OWNERS, LESSEES O CONTRACTORS ® SCHEDULED PERSON O ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION W ITH WHOM YOU VARIOUS AS REQUIRED PER WRITTEN HAVE AGREED,THROUGH WRITTEN CONTRACT, CONTRACT. AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS,TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury or damage" or "personal and advertising injury' "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. (2 CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER:CGG740901604 COMMERCIAL GENERAL LIABILITY CG 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s}: Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WITH WHOM VARIOUS AS REQUIRED PER WRITTEN YOU HAVE AGREED,THROUGH WRITTEN CONTRACT. CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS,TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties,Inc., 2004 Page 1 of 1 D POLICY NUMBER:CAH740901704 XIC4111007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE,Who Is An Insured,is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or"property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered"auto";or 2. Any other person, except the additional insured or any employee or agent of the additional insured,operating a covered"auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident' causing "bodily injury" or"property damage"for which liability coverage is sought;and c. Such person or organization is an"insured"solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Polley be increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations ofthis Policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIC 411 1007 ©2007, XL America,Inc. Page 1 of 1 Includes copyrighted material of Insurance Office,Inc.,with its permission. POLICY NUMBER:CGG740901604 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than Policy Condition or as amended by an applicable nonpayment of premium, the number of days state cancellation endorsement, is increased to the required for notice of cancellation, as provided in number of days shown in the Schedule above. paragraph 2. of either the CANCELLATION Common CG022410 93 Copyright,Insurance Services Office, Inc.,1992 POLICY NUMBER:CAH740901704 XIC4051007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The number of days required for notice of cancellation by us for any reason other than nonpayment of premium, as provided in either paragraph 2. of the CANCELLATION Common Policy condition or as amended by an applicable state cancellation endorsement, is extended to the number of days shown in the Schedule below: SCHEDULE Number of Days' Notice:90 All other terms and conditions of this policy remain unchanged. t/' (Authorized Representative) XIC 405 1007 ©2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office,Inc.,with its pennission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY We 99 011 O (Ed.1/08) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice:90 (if no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX """ CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonnatlon below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2015 Policy No.CWG740901504 Endorsement No. Insured ATKINS NORTH AMERICA,INC. Insurance CompanyGreenwich Insurance CompC'a�i`jf'tersigned by We 99 0.110 Ed. 1/08 02007 XL America,Inc. _ Willis Limited FINEX Global \A/� CONTRACT ENDORSEMENT INSURED: WS Atkins Plc and as more fully defined in the contract PERIOD: 1 April 2015 to 31 March 2016 TYPE: Insurance of UK PI Generic Primary UNIQUE MARKET REFERENCE: B080111209P 15 ENDORSEMENT REFERENCE: 0002 EFFECTIVE DATE: 1 April 2015 local standard time at the address of the Insured. It is hereby noted and agreed that with effect from the effective date above the following General Condition is added to the policy: "If INSURERS cancel this policy prior to its expiry date by notice to the INSURED for any reason,INSURERS will send written notice of cancellation to the persons or organizations listed in the schedule to becreated and maintained by the INSURED (the "Cancellation Notice Schedule")at least 30 days prior to the cancellation date applicable to the policy. This notice will be in addition to any notice to the INSURED. The INSURED will provide an updated copy of the Cancellation Notice Schedule to Insurers on a monthly basis. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Cancellation Notice Schedule in the event of a pending cancellation of coverage. INSURERS have no legal obligation of any kind to any such person(s) or organization(s). Any failure to provide advance notice of cancellation to the person(s) or olganization(s)named in the Cancellation Notice Schedule will impose no obligation or liability of any kind upon INSURERS,will not extend any policy cancellation date and will not negate any cancellation of the policy. INSURERS are not responsible for verifying any information in any Cancellation Notice Schedule, nor are INSURERS responsible for any incorrect information that the INSURED may use." All other terms and conditions remain unaltered. Willis Limited 1 WUv1081!1 Willis Internal Rei'0002