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R-2014-1506 - 6/12/2014
RESOLUTION NO. R-2014-1506 WHEREAS, the City of Round Rock desires to retain engineering services for the Downtown Improvements Project; and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for the Downtown Improvements Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of June, 2014. am/L"-- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: - &JA � ":�:' (Akw SARA L. WHITE, City Clerk 0112.1404; 00304379 EXHIBIT „A„ - ROUNDR OCK, UAS PURPOSE NI UM MOSPER" CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 810 Hesters Crossing Suite 120, Round Rock, TX 78681 PROJECT: Downtown Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering set -vices; 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. 04113 0199.1480;00297870 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fiilly 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 Set -vices." 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 Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) as shown in Exhibit D. Tire hung 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. 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 fiinds; 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. Tile 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: Todd Keltgen Transportation Operations Manager 2008 Enterprise Drive Round Rock, Texas 78664 Office Number: (5 12) 218-5583 Mobile Number: (512) 748-7591 Fax Number: (512) 218-5536 Email Address: toddka 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 tine orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Mark D. Borenstein Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 Telephone Number (5 12) 685-2908 Fax Number (512) 685-2901 Email Address Mark. borenstein@lydrinc.eom 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 attaimnent 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 Rill 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 tinder 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 frill 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 Or 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. 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 raider 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. 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 Engincer 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 ftilfilI 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 fiulfill 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/maximuun 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 finrther 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 Probibited. 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 I 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) Subconsnitant 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, lawfiil 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: Mark D. Borenstein Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 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 tine Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees lander 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 firrnished 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 frill and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and tivarranties 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: LIE Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk HDR ENGINEERING, INC. 513 Signature of Principal Printed Name: 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City of Round Rock will furnish to the Engineer the following items/information: 1. The City will provide existing ROW information along the proposed project when possible. 2. The City will provide Plans for the existing Infrastructure and other potentially impacted areas for the downtown 3. The City will provide Plans and all available information for fiiture projects along the project. 4. The City will provide existing signal designs and current signal timing. S. The City will provide all information from any previous project for the project location including any available survey information. 6. The City will provide all information for the existing Master Plan Documents for the area including any CAD files where available. 7. The City will provide existing Master Plan Water and Waste Water Models. 8. The City will provide any existing as -built plans for existing infrastructure in the project area 9. The City will provide review and approval all concepts and schematics. 10, The City will provide timely reviews and responses. EXHIBIT B Engineering Services The work to be performed by HDR Engineering, Inc. (ENGINEER) for this work shall consist of providing services to prepare an Infrastructure Master Plan to identify all infrastructure improvements required for the Downtown Improvements Project. The City of Round Rock (CITY) has identified a project to improve the infrastructure in the central downtown area, the project limits of which include the area of downtown Round Rock bounded by Mays Street on the west, Brushy Creek on the north, Georgetown Street on the east, and the Union Pacific Railroad (UPRR) on the south. Specific services anticipated to be necessary include identification of all existing utilities, coordination of all utility upgrades planned in the area, which will include placement of overhead utilities underground and betterment of existing City of Round Rock utilities (water and Wastewater); installation of storm sewer systems; provisions for water quality and detention facilities for all properties in the project area; reconstruction of area roadways; sidewalks and pedestrian accommodations including lighting, street trees, etc.; and identification of additional parking facilities; public involvement; surveying; schematic and exhibit preparation; preparation of conceptual traffic control plans; and drainage design. The project will be based and build upon the vision and framework identified in the CITY Downtown Master plan as well as the additional conceptual work prepared for the CITY in the area. The scope of work will consist of: 1. Review of Existing Data and Data Collection 2. Utility Coordination 3. Urban Design and Streetscape 4. Traffic Analysis and Modeling 5. Parking Plan 6. Drainage Plan 7. Water and Wastewater Plan 8. Signing and Pavement Markings 9. Conceptual Traffic Control Plan 10. Public Outreach 11. Implementation and Phasing Plan 12. Project Management Contract Constraints and Conditions The project will be developed in English units. Limited survey will be conducted. The City GIS and flight data will be used to the extent possible. Additional survey will be limited to the survey specifically identified in the following section, "Review of Existing Data and Data Collection". The CITY will be the principal point of contact for public or private inquiries regarding the project. The ENGINEER will prepare technical exhibits and attend stakeholder meetings as requested by the CITY. The detailed scope of services for this work is further described below. Page 1 of 6 I. REVIEW OF EXISTING DATA AND DATA COLLECTION A. Urban Design and Streetscape 1. Review of relevant plans and policies (e.g., Downtown Master Plan, Zoning, previous transportation plans and manuals, planned projects, etc.). 2. Visual/urban design reconnaissance (street characteristics, land use and building types and relationships, sidewalk continuity, historic and natural features, views and vistas, etc.) 3. Susceptibility to change: Identification of properties likely to change based upon input from City staff, announced projects, existing market information, assembled properties, and land to improvement values, etc.) 4. Projection of future Downtown land use patterns and intensities, based upon existing entitlements and susceptibility to change analysis above (for use in traffic and parking analysis). S. Confer with City staff, stakeholders including downtown property owners and businesses on project goals and objectives, issues and opportunities. 6. Prepare a summary of existing urban design and land use conditions with maps and photographs for incorporation into HDR report. B. Drainage 1. Identify historical drainage issues 2. Collect additional localized drainage issues into a GIS database. 3. Coordinate proposed/future Veterans Park Plan and Heritage Trail. 4. Identify potential ROW for linear water quality opportunities. C. Identification and incorporation of Adjacent Projects 1. Coordinate with CITY and collect CAD files for adjacent projects to be incorporated into the Project Baseman. which should include: a) proposed/future Veterans Park Plan and Heritage Trail b) Southwest Downtown Improvements Project c) Mays Street Bridge to Bridge Improvements project d) Wastewater Leak Repair Project. D. Design Survey 1. ENGINEER will establish control for project survey. This control will be used for all current and future survey work. In addition the control will be sued for conversion of existing survey data into project system 2. SURVEYOR will compile existing survey from downtown area and merge into project basemap. 3. Main Sheet topographic survey will be conduct to establish existing building threshold and curb elevations. II. UTILTIY COORDINATION (Assume 8 utility companies) A. Initiate coordination with the utilities has currently identified by HDR as owning and operating utility facilities within the Master Plan area. HDR will perform utility coordination and engineering services related to the number of existing utilities and utility facilities planned as part of the Master Plan adjustments. HDR has identified the following utility owners presently within the Master Plan area: 1. Oncor Electric - Overhead and Underground Electric Page 2 of 6 2. Time Warner Cable - Overhead and Underground Cable TV 3. TW Telecom - Overhead and Underground Telecommunication 4. AT&T -- Overhead and Underground Fiber Optic and Telephone 5. Grande - Overhead and Underground Fiber Optic 6. MCI - Underground Fiber Optic 7. City of Round Rocic - Water, Waste Water, and Storm Sewer 8. Atmos Energy - Natural Gas B. Request all available record drawings for existing and planned utility facilities, compile a utility base file and develop a utility layout. C. Maintain a utility tracking report to include utility contact information and a log of all communications conducted with each utility owner. D. Perform utility coordination and liaison activities, including: proper notifications to utility owners, conduct utility coordination meetings, disseminate Master Plan improvement development schematics to all utility owners and obtain planned utility infrastructure upgrades that may be considered for installation during Master Plan improvement construction. A maximum of two (2) formal utility coordination meetings with affected utility owners is anticipated. E. Create a Utility Layout showing all existing utilities, Master Plan improvements and background image to assist in the coordination with the utility companies and easily identify potential conflicts. III. URBAN DESIGN AND STREETSCAPE A. Establish Street Types - Working in collaboration with project team, and with input from city staff and project stakeholders. Street Types will include: 1. Main Street Historic Area 2. Side Streets in Main Street Area 3. Primary Streets 4. Secondary Street S. Downtown Residential Streets B. Develop conceptual street type alternatives for each street type with cross sections and plan details that describe design treatment options for typical conditions. IV. TRAFFIC ANALYSIS AND MODELING Traffic analysis and modeling will be completed to identify improvements to improve traffic operations within the southeast downtown area and stage traffic control during construction. A. Coordinate with the CITY and project team to obtain necessary information. B. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometries and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. C. Conduct peak hour traffic data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. AM (7-9) and PM (4-6) peak hour turning Page 3 of 6 movement counts shall be collected at the following intersections only within the study area: 1. Mays Street at Anderson Avenue 2. Mays Street at Austin Avenue 3. Mays Street at Liberty Street 4. Mays Street at Main Street 5. Mays Street at Bagdad Avenue 6. Mays Street at McNeil Road 7. Main Street at Lampasas Street 8. Main Street at Sheppard Street 9. Main Street at Burnet Road 10. Main Street at Lewis Street 11. Main Street at Stone Street 12. Main Street at Black Street 13. Main Street at Georgetown Street 14. Georgetown Street at Liberty 15. Georgetown Street at Austin Avenue 16. Burnet Street at Liberty 17. Burnet Street at Austin Avenue It should be noted that traffic volumes are only collected at few major intersections within the corridor as listed above. If analysis is required for other intersections within the corridor, a separate scope will be submitted. D. 24 -Hour bi-directional traffic counts shall be collected at the following locations: 1. Mays Street, north of Fannin Avenue 2. Mays Street, south of Railroad 3. Main Street, east of Mays Street 4. Main Street, east of Burnet Road 5. Main Street, east of Georgetown 6. Liberty Street, west of Mays Street 7. Liberty Street, east of Georgetown S. Austin Avenue, west of Mays Street 9. Austin Avenue, east of Georgetown 10. Georgetown Street, south of Main Street 11. Georgetown Street, north of Pecan Avenue E. Obtain existing traffic signal timing and phasing information for signalized intersections from the CITY. F. Coordinate with McCann Adams studio to obtain existing and forecasted land use information to develop trip generation and parking demand to be used for future forecasted traffic analysis. V. PARKING PLAN A. Evaluate parking needs as the downtown area is redeveloped. Perform parking analysis to: 1. identify existing parking, 2, parking loss due to streetscape redesign, 3. calculate parking demand due to two redevelopment scenarios: realistic and Page 4 of 6 highest and best, and 4. Provide recommendations regarding type and location of parking (surface lot, multistory garage, etc.) and parking capacity required. VI. DRAINAGE PLAN A. Development of a dynamic existing conditions model and evaluation of existing infrastructure will be conducted to determine the existing drainage conditions VII. WATER AND WASTE WATER PLAN A. Meet with Round Rock Utility Department staff to review assumptions and results of downtown water and wastewater master planning efforts to date, including projected land uses, demands, pressure requirements, return flowrates, existing pipe conditions and recent and planned future pipe improvements. B. Update existing water and sewer models based on water and wastewater master planting, as necessary, to reflect current land use plans and demands within the downtown project limits. This scope item assumes that the City will provide up-to- date models in current versions of software to HDR, and existing models are in working condition and do not require major modifications to restore functionality. HDR will consult with City utility staff regarding needed model runs and resulting water and wastewater system modifications. HDR will then complete model runs in order to confirm water and wastewater infrastructure needed for ultimate build out of the downtown area as identified in this scope of work. This includes line sizes and general alignments. VIII. OPEN IX. OPEN X. PUBLIC OUTREACH A. Main Street Businesses — With project team and City staff, conduct meetings with business owners along the Historic Main Street area to receive feedback and input on the Master plan. This will total nine meetings (three blocks x three meetings). The division block by block is important as the input will differ slightly due to the composition of users in each block. B. Potential Development Opportunities — This will be the smallest but perhaps the most influential group. The size will range from 3-10 persons. A total of three meetings should be sufficient.. - C. Downtown Residents. This group will have two very different sub -groups — the older, long-term residents and the younger residents that have moved in and renovated the existing housing stock. Again three meetings should be sufficient; however this group will provide the most difficult feedback due to the desire of many to maintain the status quo. XI. OPEN XII. PROJECT MANAGEMENT A. Perform general Project Management during the course of the project to include coordination with the City, preparing invoices, and management of subconsultants. Page 5 of 6 B. Preparation of project correspondence including reports, record keeping, and letters as necessary. C. Perform QA/QC of deliverables prior to submittal to the CITY. Implement a documented QA/QC program in accordance with the ENGINEER's established procedures. D. Attend monthly project progress and coordination meetings with the CITY as required during project development. Deliverables Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: A. Project Existing Basemap — The basemap will depict the existing project conditions which will include existing street conditions, utility information, as well as the incorporation of adjacent projects to be constructed by the CITY. B. Traffic Analysis Technical Memorandum C. Urban Design and Streetscape Plan and Sections for: 1. Main Street Historic Area 2. Side Streets in Main Street Area 3. Primary Streets 4. Secondary Street 5. Downtown Residential Streets D. Project Utility Improvements Master Plan E. Project Street Improvements Master Plan Page 6 of 6 IV U H W 4) N o Z w, 2 p d o; d x u ^ � u C n o o ac i 0 Z A 9 Q g w eo c in Y t s ���.M�o.\- 0\0 s b OD N t0 b � - U`I - 'LLz- 'c--•-z-'c-•c•�LL'c 'c•- c•cLL•LL'-•-'c•- c.=.LL.`._-- tl tL U. lL LL {L tL ILL 1L LL 11 IL LL 1L LL tL LL LL LL lL t1 LL LL lL 1L LL tL Ii LL LL LL 1L IL LL E T 4 E Y C ,. 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IY tl _V � N C m —&n 1`yGo N r c c c c c c c c c c c c c c c e 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 e Q pp 1fry� N N 0 9 0 0 m m m N N N M N N M M M V N N a d d $ r CL F c awe N� `u � u CCa a G A W r C Y L �p Q o a N c G r!j pA� g c 9 F 0 U c o 0 0 0 c $ a z�cABSo e v t 8 A c$ o` S 8 a cynO �ooc $�n�apa�vCc ac acc n€E uEaon$' U$�:nQ� o i �.31n�Q3 c4' �aA' vyoO Yr 0 V. 0 a Ra. s acrVs oxa a x ¢0 a¢ i y y y y y aivo a dad4dOD a<mcidadQ¢adcia c o a f�ffq /n 1¢ / 10010 9q 0q /q eq /� /n /4 /`? /`i /* /q 1� 1� /� 10 � d N � O 4 0 0 a d O d d d d d d N N N .A N N N N N N l0 tD EXHIBIT D Fee Schedule Project Name: Downtown Improvements Project __..............._.. __ _ --_............. _............... ........................... - ......... ....._..... Consultant: HDR Engineering, Inc. Cost Component, Hours Total Total Direct Labor Costs $37,272.73 Hours Project Principal $65,227.27 39 Project Manager $12,906.00 142 Senior Engineer. 12% $12,300.00 79 Design Engineer Urban Design $40,260.00 71 Engineer -in -Training Drainage Design $41,873.00 157 Sr. Design Technician Public Outreach $15,900.00 186 CADD Technician Survey $24,261.00 48 Clerical/Steno $250,000.00 38 Total Hours 760 Cost Component, Dollars Labor Billing Totals $ Rate Rate Project Principal $80 $246 $9,594.00 Project Manager $75 $231 $32,802.00 Senior Engineer $66 $203 $16,037.00 Design Engineer $50 $154 $10,934.00 Engineer -in -Training $34 $105 $16,485.00 Sr. Design Technician $39 $120 $22,320.00 CADD Technician $29 $89 $4,272.00 Clerical/Steno $20 $62 $2,356.00 Labor Dollars $114,800.00 Cost Component, Direct Expenses Total Travel Expenses $406 Traffic Counts $10,000 Printing $2,500 Subtotal $12,906.00 TOTAL DIRECT EXPENSES $12,906.00 PROJECT FEE SUMMARY Total HDR Direct Labor Costs $37,272.73 HDR Indirect Costs $65,227.27 HDR Direct Expenses $12,906.00 HDR Profit @12% 12% $12,300.00 SUB McCann -Adams Studios Urban Design $40,260.00 SUB Halff Associates, Inc. Drainage Design $41,873.00 SUB Vining Associates, Inc. Public Outreach $15,900.00 SUB Inland Geodetics Survey $24,261.00 TOTAL FEE $250,000.00 Page 1 of 1 EXHIBIT E Certificates of Insurance Attached Behind This Page , ® ACC>R " CERTIFICATE OF LIABILITY INSURANCE 6/1/2014 DATE (AIMMDIYYYY) 1 4/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CT HAAO"W PHONE Ext): ac Not: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Hartford Fire Insurance Company 19682 6/1/2014 INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE INSURER B: St. Paul Fire and Marine Insurance Company INSURER C: Sentinel Insurance Company, Ltd. 11000 INSURER D: Zurich American Insurance Company 16535 OMAHA, NE 68114-4049 INSURER E: $ INSURER F: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOX HIR OSAUTOS X AUTOS rnvronr_-Gc Tm1) TMA I CFI?TIFICATF NIIMRFR- llonSFnn REVISION NUMBER: XXXXXXX 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. ?LTR TYPE OF INSURANCE ADD SW D POLICY 1WDDNYYY POLICY LICMIDDI'YYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-RIADE OCCUR X Contractual Llab. GENI AGGREGATE LIMIT APPLIES PEP. POLICY a JECT W LOC OTHER N N 37CSEQUO950 6/1/2013 6/1/2014 EACHOCCURRENCE TO RENTED PRE 11 SES Es occuf enco $ 1,000,000 MED EXP (Anyone rson PERSONAL &ADV INJURY $ 1,000,Q00 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMWOP AGG s 2,000,000 $ A A A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOX HIR OSAUTOS X AUTOS N N 3TCSB U0951 (AOS) 37CSL U0952 1(I) 37h, U1160(MA) 6/1/2013 6/1/2013 6/112013 61112014 6/1/2014 6/1/2014 (Ea a COMBINED N ED $ 00 000 BODILY INJURY (Per person) $ xxxxxxx BODILY INJURY War accident CXXXXX PROPERTY DAMAGE $ XXXXXXX SXXXXXXX B X UMBRELLALIAB EXCESS LIA9 X OCCUR CLAII.184MADE N N ZUP-IOR64084-13-NF (EXCLUDES PROF. LIAB) 6/1/2013 6/1/2014 EACH OCCURRENCE S 11000,000 AGGREGATE S 1,000,000 DED I X I RETENTION$ $0 $ xxx2jxxx C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/1.0,18ER EXCLUDED? N (Mandatory In NMI Ifyes, desrn'be under DESCRIPTIONOFOPERATIONS Wow N 1A N 91WLOH1000 AOS) 91WBOH1760(H1) 7/112013 7/1/2013 7/1/2014 7/1/2014 X srATvrE ER E.L. EACH ACCIDENT $ 0 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE -POLICY LIMIT $ 1,000,000 D ARCHS & ENGS PROFESSIONAL LIABILITY N N EOC9260026-06 6/1/2013 6/1/2014 PER CLAIM: 51,000,000, ACG: $1,000,000• DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space, is required) RE: CORR DOWNTOWN IMPROVEMENTS PROJECT. PM: MARK BORESNTEIN. 12905600 CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: JOHN DEAN, ASSISTANT TRANSPORTATION THE DATE THEREOF, NOTICE WILL DE DELIVERED IN DIRECTOR ACCORDANCERDANCE WITH THE POLICY PROVISIONS. 2008 ENTERPRISE DRIVE AUTHORIZED REPRESS VE g. ROUND ROCK TX 78664 , A A J1.2 10-n ©1988-2014 ACOICD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD t s; a j P #E{ 1 `c gtg.� 3 gdd. i d d 3 Z: B Y E: _ r (g} i t 5 3 3 i { $t E S f1 f { S RQUND ROCK, TE7CAS PURPOSE PA53M PROSP[R" CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 810 Hesters Crossing Suite 120, Round Rock, TX 78681 PROJECT: Downtown Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 121- day of v -E-) , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations ofthe'parties NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.1484; 00297870 R-2014-1506 Rev. 04/13 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite tine performance of Engineering Services required herein so that construction of the project will be connrnenced 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. P) (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 Two Hundred Fi ly Thousand and No/100 Dollars ($250,000.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fluids; 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: Todd Keltgen Transportation Operations Manager 2008 Enterprise Drive Round Rock, Texas 78664 Office Number: (512) 218-5583 Mobile Number: (512) 748-7591 Fax Number: (512) 218-5536 Email Address: toddk ct,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: Mark D. Borenstein Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 Telephone Number (512) 685-2908 Fax Number (512) 685-2901 Email Address Mark.borertstein@lidrina.corn 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 Setvices. 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 Set vices 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 Set -vices 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 snake no claim for extra work done or materials fiunished until the City authorizes frill 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 part}, 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 Seivices, 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 forin, in writing, by City prior to Engineering Services being performed tender 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 fizlfill 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 C 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. Tile 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 fiilfill his/lies/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, minimuun/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 fiom the contract price or compensation, or to otherwise recover, the firll 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 govertu rental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawfiii 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: Mark D. Borenstein Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 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 fiilly responsible for his/her/its delays or for failures to use his/leer/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 fi•om performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or fiunished 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 fiom 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 By: 0 M Alan McGraw, Mayor ATTEST: %� �-� �j By: �Vw - - y Xffd Sara L. White, City Clerk HDR ENGINEERING, INC. • 5 f ::' • r.. P/ IVA By: Signature of Principal Printed Name: M a i V o re Ls4¢1ti 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 will famish to the Engineer the following items/information: 1. The City will provide existing ROW information along the proposed project when possible. 2. The City will provide Plans for the existing Infrastructure and other potentially impacted areas for the downtown 3. The City will provide Plans and all available information for fixture projects along the project. 4. The City will provide existing signal designs and current signal timing. S. The City will provide all inforination from any previous project for the project location including any available survey information. 6. The City will provide all information for the existing Master Plan Documents for the area including any CAD files where available. 7. The City will provide existing Master Plan Water and Waste Water Models. 8. The City will provide any existing as -built plans for existing infrastructure in the project area 9. The City will provide review and approval all concepts and schematics. 10. The City will provide timely reviews and responses. 1 .4.i Engineering Services The work to be performed by HDR Engineering, Inc. (ENGINEER) for this work shall consist of providing services to prepare an Infrastructure Master Plan to identify all infrastructure improvements required for the Downtown Improvements Project. Tine City of Round Rock (CITY) has identified a project to improve the infrastructure in the central downtown area, the project limits of which include the area of downtown Round Rock bounded by Mays Street on the west, Brushy Creek on the north, Georgetown Street on the east, and the Union Pacific Railroad (UPRR) on the south. Specific services anticipated to be necessary include identification of all existing utilities, coordination of all utility upgrades plaruied in the area, which will include placement of overhead utilities underground and betterment of existing City of Round Rock utilities (water and Wastewater); installation of storm sewer systems; provisions for water quality and detention facilities for all properties in the project area; reconstruction of area roadways; sidewalks and pedestrian accommodations including lighting, street trees, etc.; and identification of additional parking facilities; public involvement; surveying; schematic and exhibit preparation; preparation of conceptual traffic control plans; and drainage design. The project will be based and build upon the vision and framework identified in the CITY Downtown Master plan as well as the additional conceptual work prepared for the CITY in the area. The scope of work will consist of: 1. Review of Existing Data and Data Collection 2. Utility Coordination 3. Urban Design and Strectscape 4. Traffic Analysis and Modeling S. Parking Plan 6. Drainage Plan 7. Water and Wastewater Plan 8. Signing and Pavement Markings 9. Conceptual Traffic Control Plan 10. Public Outreach 11. Implementation and Phasing Plan 12. Project Management Contract Constraints and Conditions The project will be developed in English units. Limited survey will be conducted. The City GIS and flight data will be used to the extent possible. Additional survey will be limited to the survey specifically identified in the following section, "Review of Existing Data and Data Collection". The CITY will be the principal point of contact for public or private inquiries regarding the project. The ENGINEER will prepare technical exhibits and attend stakeholder meetings as requested by the CITY. The detailed scope of services for this work is further described below. Page 1 of 6 I. REVIEW OF EXISTING DATA AND DATA COLLECTION A. Urban Design and Streetscape 1. Review of relevant plans and policies (e.g., Downtown Master Plan, Zoning, previous transportation plans and manuals, planned projects, etc.). 2. Visual/urban design reconnaissance (street characteristics, land use and building types and relationships, sidewalk continuity, historic and natural features, views and vistas, etc.) 3. Susceptibility to change: Identification of properties likely to change based upon input from City staff, announced projects, existing market information, assembled properties, and land to improvement values, etc.) 4. Projection of future Downtown land use patterns and intensities, based upon existing entitlements and susceptibility to change analysis above (for use in traffic and parking analysis). S. Confer with City staff, stakeholders including downtown property owners and businesses on project goals and objectives, issues and opportunities. 6. Prepare a summary of existing urban design and land use conditions with maps and photographs for incorporation into HDR report. B. Drainage 1. Identify historical drainage issues 2. Collect additional localized drainage issues into a GIS database. 3. Coordinate proposed/future Veterans Park Plan and Heritage Trail. 4. Identify potential ROW for linear water quality opportunities. C. Identification and incorporation of Adjacent Projects 1. Coordinate with CITY and collect CAD files for adjacent projects to be incorporated into the Project Baseman. which should include: a) proposed/future Veterans Park Plan and Heritage Trail b) Southwest Downtown Improvements Project c) Mays Street Bridge to Bridge Improvements project d) Wastewater Leak Repair Project. D. Design Survey 1. ENGINEER will establish control for project survey. This control will be used for all current and future survey work. In addition the control will be sued for conversion of existing survey data into project system 2. SURVEYOR will compile existing survey from downtown area and merge into project basemap. 3. Main Street topographic survey will be conduct to establish existing building threshold and curb elevations. II. UTILTIY COORDINATION (Assume 8 utility companies) A. Initiate coordination with the utilities has currently identified by HDR as owning and operating utility facilities within the Master Plan area. HDR will perform utility coordination and engineering services related to the number of existing utilities and utility facilities planned as part of the Master Plan adjustments. HDR has identified the following utility owners presently within the Master Plan area: 1. Oncor Electric - Overhead and Underground Electric Page 2 of 6 2. Time Warner Cable - Overhead and Underground Cable TV 3. TW Telecom - Overhead and Underground Telecommunication 4. AT&T - Overhead and Underground Fiber Optic and Telephone 5. Grande - Overhead and Underground Fiber Optic 6. MCI - Underground Fiber Optic 7. City of Round Rock - Water, Waste Water, and Storm Sewer 8. Atmos Energy - Natural Gas B. Request all available record drawings for existing and planned utility facilities, compile a utility base file and develop a utility Iayout. C. Maintain a utility tracking report to include utility contact information and a log of all communications conducted with each utility owner. D. Perform utility coordination and liaison activities, including: proper notifications to utility owners, conduct utility coordination meetings, disseminate Master Plan improvement development schematics to all utility owners and obtain planned utility infrastructure upgrades that may be considered for installation during Master Plan improvement construction. A maximum of two (2) formal utility coordination meetings with affected utility owners is anticipated. E. Create a Utility Layout showing all existing utilities, Master Plan improvements and background image to assist in the coordination with the utility companies and easily identify potential conflicts. III. URBAN DESIGN AND STREETSCAPE A. Establish Street Types - Working in collaboration with project team, and with input from city staff and project stakeholders. Street Types will include: 1. Main Street Historic Area 2. Side Streets in Main Street Area 3. Primary Streets 4. Secondary Street S. Downtown Residential Streets B. Develop conceptual street type alternatives for each street type with cross sections and plan details that describe design treatment options for typical conditions. IV. TRAFFIC ANALYSIS AND MODELING Traffic analysis and modeling will be completed to identify improvements to improve traffic operations within the southeast downtown area and stage traffic control during construction. A. Coordinate with the CITY and project team to obtain necessary information. B. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometrics and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. C. Conduct peak hour traffic data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. AM (7-9) and PM (4-6) peak hour turning Page 3 of 6 movement counts shall be collected at the following intersections only within the study area: 1. Mays Street at Anderson Avenue 2. Mays Street at Austin Avenue 3. Mays Street at Liberty Street 4. Mays Street at Main Street 5. Mays Street at Bagdad Avenue 6. Mays Street at McNeil Road 7. Main Street at Lampasas Street 8. Main Street at Sheppard Street 9. Main Street at Burnet Road 10. Main Street at Lewis Street 11. Main Street at Stone Street 12. Main Street at Black Street 13. Main Street at Georgetown Street 14. Georgetown Street at Liberty 15. Georgetown Street at Austin Avenue 16. Burnet Street at Liberty 17. Burnet Street at Austin Avenue It should be noted that traffic volumes are only collected at few major intersections within the corridor as listed above. If analysis is required for other intersections within the corridor, a separate scope will be submitted. D.24 -Hour bi-directional traffic counts shall be collected at the following locations: 1. Mays Street, north of Fannin Avenue 2. Mays Street, south of Railroad 3. Main Street, east of Mays Street 4. Main Street, east of Burnet Road 5. Main Street, east of Georgetown 6. Liberty Street, west of Mays Street 7. Liberty Street, east of Georgetown 8. Austin Avenue, west of Mays Street 9. Austin Avenue, east of Georgetown 10. Georgetown Street, south of Main Street 11. Georgetown Street, north of Pecan Avenue E. Obtain existing traffic signal timing and phasing information for signalized intersections from the CITY. F. Coordinate with McCann Adams studio to obtain existing and forecasted land use information to develop trip generation and parking demand to be used for f itu e forecasted traffic analysis. V. PARKING PLAN A. Evaluate parking needs as the downtown area is redeveloped. Perform parking analysis to: 1. identify existing parking, 2. parking loss due to streetscape redesign, 3. calculate parking demand due to two redevelopment scenarios: realistic and Page 4 of 6 highest and best, and 4. Provide recommendations regarding type and location of parking (surface lot, multistory garage, etc.) and parking capacity required. VI. DRAINAGE PLAN A. Development of a dynamic existing conditions model and evaluation of existing infrastructure will be conducted to determine the existing drainage conditions VII. WATER AND WASTE WATER PLAN A. Meet with Round Rock Utility Department staff to review assumptions and results of downtown water and wastewater master planning efforts to date, including projected land uses, demands, pressure requirements, return flowrates, existing pipe conditions and recent and planned fixture pipe improvements. B. Update existing water and sewer models based on water and wastewater master planning, as necessary, to reflect current land use plans and demands within the downtown project limits. This scope item assumes that the City will provide up-to- date models in current versions of soflware to HDR, and existing models are in working condition and do not require major modifications to restore functionality. HDR will consult with City utility staff regarding needed model rums and resulting water and wastewater system modifications. HDR will then complete model runs in order to confirm water and wastewater infrastructure needed for ultimate build out of the downtown area as identified in this scope of work. This includes line sizes and general alignments. VIII. OPEN IX. OPEN X. PUBLIC OUTREACH A. Main Street Businesses — With project team and City staff, conduct meetings with business owners along the Historic Main Street area to receive feedback and input on the Master plan. This will total nine meetings (three blocks x three meetings). The division block by block is important as the input will differ slightly due to the composition of users in each block. B. Potential Development Opportunities — This will be the smallest but perhaps the most influential group. The size will range from 3-10 persons. A total of three meetings should be sufficient. . C. Downtown Residents. This group will have two very different sub -groups — the older, long-term residents and the younger residents that have moved in and renovated the existing housing stock. Again three meetings should be sufficient; however this group will provide the most difficult feedback due to the desire of many to maintain the status quo. XI. OPEN XII. PROJECT MANAGEMENT A. Perform general Project Management during the course of the project to include coordination with the City, preparing invoices, and management of subconsultants. Page 5 of 6 B. Preparation of project correspondence including reports, record keeping, and letters as necessary. C. Perform QA/QC of deliverables prior to submittal to the CITY. Implement a documented QA/QC program in accordance with the ENGINEER's established procedures. D. Attend monthly project progress and coordination meetings with the CITY as required during project development. Deliverables Required of the ENGINEER The ENGINEER will be required to provide the follov.,ing deliverable items: A. Project Existing Basemap — The basemap will depict the existing project conditions which will include existing street conditions, utility information, as well as the incorporation of adjacent projects to be constructed by the CITY. B. Traffic Analysis Technical Memorandum C. Urban Design and Streetscape Plan and Sections for: 1. Main Street Historic Area 2. Side Streets in Main Street Area 3. Primary Sheets 4. Secondary Street 5. Downtown Residential Streets D. Project Utility Improvements Master Plan E. Project Street Improvements Master Plan Page 6 of 6 c� N n D� lV e1 C C 16 a yn{� O L d � � Q U n a 3 C M M N C C O c c Y L w L C • . V a �! a 'Q V N V a a >n a H .ar an rat v a N � V •1 V C a a .a-1 S V M V a � a b a H H N H H h h h {� O O nN f•1 O COQQy� H H O h m 1C n H N r•1 \ r/1 �. Of \ m 0 Mnom N Cr N Or et M �\o�\.�\\ o \ \ n n h� 03H H H u) V O W c (�L rn aem b m�� w m m� m HH H _.�—.�._.__—._._._._.�•-_•_.c•-•cx'�._._._ �.c LL LL._._...._—.=•z Wiz:__._ LL W {L W LL LL IL LL LL 4. 11 LL LL LL LL LL LL ti LL LL LL tL tL lL LL LL LL ti LL LL W LL LL LL LL ti IL LL a\�\�.,\\\ M� o..-.\ H y� ut vi � \ \ 9 \ rn � � ,. L.. Y � c � n c ,, U o' f\V h .f1. rA N 1l1 N VT' W m l6 m m H ri m m h' 01 H vt N m m m' m m 01 H H eee---iii H N r[i m m �-r H M Vt 'C CCC C O C C t c G C C C C G S c S c c C S. S C c 2S E t GO -> T: T A NT T T R >' ri T T T T �i. T J+ T T T T T?} T> T Ti. A T �• b? lI T pp W N W R R W R W W •O R 9 V 'ppO - NN01 •O V 'b •O V V Q v v V yA� v "O VZi '0 Z7 a -47 n nei N N b N M M.'�a H a 001 a r�-t ei L ♦. 4V � a 4 a pp TT t r. tl L 6 d cL } 9 HIM QyFLQy�� Q qq �Wp A S C O S " 7yg�Oc..L»SaMnAag��$$33i R � _�' �5 A oSi3 �=Iv��D`��=8ii��o��c3a�a���a5 HIM s� X. r- Q u a Y v ov N — Q 2 M a b n m 01 O -H N M a N n oo. O1 N N. N N N N N N M M M M .� M t•'1 M m M Y O. ii G Q. O E z � u, •n vl � .�-r � .ter .moi .�+ a � a � `,-" `,` � .�.+. � M M d`f fU. t\�'1 M tl {L 4. fL LL. fL IL ti tL W W {L 1L Iia. Y�r LL N ll Y. LL iL PO i40 ac,r v�f s�\n u�i v� .t .1 +�A u�i �' vii ry t� vii s W zs o `o a o c o 0 0 0 c o a o 0 o a `dE o 0 Fpp fTb Aa ITC 'Y3 R R N aL 'O M a O pIIp O O p�p O O {wry{ O O- H p O N� N V.N N t/i M N i`I M.M M NfV N� N N [J d N a � N N a U 4 C c m:LL C C N IL I Y r� aye a I I l Y I.y I ricici dm�dmadacddadadIL mC3o veeeveQe ee e u n 9 TOTAL DIRECT EXPENSES $12,906.00 PROJECT FEE SUMMARY EXHIBIT D Total HDR Direct Labor Costs Fee Schedule $37,272.73 HDR- • Project Name: Downtown Improvements Project $65,227.27 Consultant: HDR Engineering, Inc. Direct Expenses $12,906.00 Cost Component, Hours Profit @12% 12% Total SUB McCann -Adams Studios Urban Design Hours Project Principal HaiffAssociates, Inc. Drainage Design 39 Project Manager Vining Associates, Inc. Public Outreach 142 Senior Engineer. Inland Geodetics Survey 79 Design Engineer $250,000.00 71 Engineer -in -Training 157 Sr. Design Technician 186 CADD Technician 48 Clerical/Steno 38 Total Hours 760 Cost Component, Dollars Labor Billing Totals Rate Rate $ Project Principal $80 $246 $9,594.00 Project Manager $75 $231 $32,802.00 Senior Engineer $66 $203 $16,037.00 Design Engineer $50 $154 $10,934.00 Engineer -in -Training $34 $105 $16,485.00 Sr. Design Technician $39 $120 $22,320.00 CADD Technician $29 $89 $4,272.00 Clerical/Steno $20 $62 $2,356.00 Labor Dollars $114,800.00 Cost Component, Direct Expenses Total Travel Expenses $406 Traffic Counts $10,000 Printing $2,500 Subtotal $12,906.00 TOTAL DIRECT EXPENSES $12,906.00 PROJECT FEE SUMMARY Total HDR Direct Labor Costs $37,272.73 HDR- Indirect Costs $65,227.27 HDR Direct Expenses $12,906.00 HDR Profit @12% 12% $12,300.00 SUB McCann -Adams Studios Urban Design $40,260.00 SUB HaiffAssociates, Inc. Drainage Design $41,873.00 SUB Vining Associates, Inc. Public Outreach $15,900.00 SUB Inland Geodetics Survey $24,261.00 TOTAL FEE $250,000.00 Page 1 of 1 EXHIBIT E Certificates of Insurance Attached Behind This Page ACOR 76 `� CERTIFICATE OF LIABILITY INSURANCE 6/1/2014 DATE (MMtDDIr" 4/23/2014 'THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 NOANTACT PHONE FAX Kansas City MO 64112-1906 (816)960-9000 , L ADDRESS- COMMERCIAL GENERAL LIABILITY N INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Hartford Fire Insurance Company 19682 611/2013 INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE INSURER B: St. Paul Fire and Marine insurance Company INSURER C: Sentinel Insurance Company, Ltd. 11000 OMAHA, NE 68114-4049 INSURER D: Zurich American Insurance Company 16535 INSURERE: INSURER F COVERAGES HDRINOI CERTIFICATE NUMBER: 12905600 REVISION NUMBER: XXXXXXX 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. INSRTYPE LTRWVo OF INSURANCE ADD SUOR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY N N 37CSF.QUO950 611/2013 6/1/2014 EACH OCCURRENCE_ CLAILIS-AWDE QOCCUR GE TO PREM SES Ea ooaxrE encs $ 1,000,000 IAED EXP (AnyonePerson) X Contractual Liab. PERSONAL & ADV INJURY $ 1,000 000 GENt AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE $ 2,000,000 POLICY a JECT a LOC PRODUCTS - COMPIOP AGG s 2-000,000 $ OTHER A A A AUTOMOBILE LUU3RtTY X ANY AUTO N N 37CSE 00951 (AOS) 37CSC UO952 Ip 37�tCP U1160(MA) 6/1/2013 611/2013 611/2013 6/1/2014 6/1/2014 6/1/2014 COMBINED SiqmTnrff (Ea accident) $000.000 BODILY INJURY(Perperaon) $xxxxx xx BODILY INJURY Per accident XX ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AAUUTN PROPERTY idend UtGE $ XXXXXXX $XXXXXXX B X UMORELLALIA6 X OCCUR N N ZUP-IOR64084-13-NF 6/1/2013 6/1/2014 EACH OCCURRENCE $ 1000000 EXCESS LIAR CLAVIS.-AADE (EXCLUDES PROF. LIAB) AGGREGATE $ 1,000,000 DEO I X I RETENTION $ $0 S C C WORKERS COMPENSATION ANDEMPLOYERTLIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERWEMSER EXCLUDED? N (Mandatory In Hill NIA.000 N 91WEOH1000 AOS) 91WBOH1760(HI) 7/1/2013 7/1/2013 7/1/2014 7/1/2014 X STAME ER E.L. EACH ACCIDENT $ 1,000 E.L. DISEASE - EA EMPLOYEE $ 1,000.000 If yes, describe under DESCRIPTION OF OPERA v E.L. DISEASE -POLICY LIMIT I $ 1,000,000 D ARCHS & ENGS N N EOC9260026-06 6/1/2013 6/1/2014 PER CLAIM: $1,000,000. AGG: PROFESSIONAL $1,000,000. LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) RE: CORR DOWNTOWN IMPROVEM13NTS PROJECT. PM: MARK BORESNTEIN. L'FRTIFur_ATP 41n1 r1FR CANCFI_I_ATfCIN 12905600 CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: JOHN DEAN ASSISTANT TRANSPORTATION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DIRECTOR ACCORDANCE WITH THE POLICY PROVISIONS. 2008 ENTERPRISE DRIVE AUTHOR¢EDR£PR£SE VE ROUND ROCK TX 78664 ACORD 25 (2014101) U 199E-2014 ACCICD 9ORPOKATION. All rlgltts reserved. The ACORD name and logo are registered marks of ACORD