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Contract - HDR Engineering, Inc. - 2/11/2016
'f ROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 810 Hesters Crossing, Suite 120, Round Rock, TX 78681 PROJECT: Transportation Master Plan Update THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the [ 1 -(*—'4 day of 2016 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, "whhos�` e offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 04/13 0199.1559;00348240 00192831 'P -'2D Va -5J CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) 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 funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: John Dean Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 218-6617 Fax Number (512) 218-5563 Email Address jdean@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: Rashed T. Islam, P.E., PTOE Vice President 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 Telephone Number (512) 904-3715 Fax Number (512) 904-3773 Email Address Rashed.islam@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 2 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 0 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROFITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either parry by the other required under this Contract shall be personally delivered or mailed to such parry 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: Rashed T. Islam, P.E., PTOE Vice President 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 the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the 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 under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF UND ROCK, TEXA , APP O D AS TO F RM: By: N Al cGraw, Mayor Stephan Sheets, City Attorney ATTEST: By: aJMZL, 1 2& t* Sara L. White, City derk HDR ENGINEERING. INC. Signature of Prjnh 1 Printed Name: �?-AS I' i3r-t t S C -tel . P • t. 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 ANIti:3 W.11 City Services The City of Round Rock will furnish to the Engineer the following information and/or perform the following tasks: Provide the following existing data the Owner has on file concerning the project, if available. ■ Available existing "as -built" information, interface data, and construction documents for projects adjacent to, crossing, and/or within study limits; ■ Assistance obtaining required data and information from other local, regional, State and federal agencies; ■ Available Accident Data, Crash Records Information System (CRIS); ■ Travel Demand Models used as part of the previous Transportation Master Plan; • Population and employment projections for base, five, ten, and twenty-five year horizons; ■ 2010 Census population data from the US Census Bureau; ■ Available database (with name, address, email and phone number) of stakeholders, neighborhoods and elected officials; ■ Most recent aerial photography of the City of Round Rock; ■ Available 24-hour traffic volume counts for the last 5-10 years; ■ Most recent Geographical Information System (GIS) files from the City and other databases, including aerial mapping and associated data files that show the location of property lines, street curbs, street names, trails, MPO boundary, topography (2' contours), known environmental features, land use, zoning and other features that will be used to develop the Thoroughfare Plan; ■ Maps and or shape files illustrating location of existing shared -use trails and on -street bicycle facilities and sidewalks; ■ Site plans and details of proposed development projects; ■ Round Rock land use and zoning map; ■ Round Rock future water and waste water map showing future development; ■ Right-of-way map along major arterials; ■ Utility maps along major arterials, upon request; ■ Programmed transportation infrastructure improvement projects list; ■ Round Rock Thoroughfare Plan; ■ Available stakeholder and neighborhood contact list; ■ Other previous studies relevant to the project. 2. Provide the following documents to the Engineer for review: ■ 2020 General Plan; ■ All adopted and ongoing City Master Plans; ■ Neighborhood Plans; ■ City Design Manuals; ■ Downtown Parking Initiative; ■ Complete Streets Initiative; ■ Round Rock Bicycle Plan; ■ Round Rock Sidewalk and Trails Plan; ■ Transit Master Plan; ■ Context Sensitive Design Manual; ■ Land Development Code; ■ Zoning and Subdivision Ordinances; ■ Any Master Development Agreements for large infill projects; and ■ Agreements regarding TxDOT roadways. Assist with the coordination of any required public involvement, attend one-on-one meetings with officials, neighborhood groups, and local businesses and attend an open house, if necessary. For public meetings, schedule and reserve the meeting location and place the required advertisements. EXHIBIT A City Services 4. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, neighboring Cities and/or other franchise utility companies. 5. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 6. Meet on an as needed basis to answer questions, provide guidance and offer comment. 7. Assist the Engineer with timely review of draft reports and memorandums. 8. Form a technical advisory committee to direct the TMP update process. 9. Meet with HDR at milestones established in the attached "Project Schedule" to review data and solicit comments. 2 EXHIBIT B Engineering Services A systematic work program has been designed to develop an effective and successful City of Round Rock Transportation Master Plan (TMP) Update. The scope of work consists of eight task areas: 1. Project Management; 2. Coordination and Public Participation; 3. Comprehensive Review and Evaluation of Existing City Documents and Policies with Recommendations; 4. Data Collection and Projections; 5. Travel Demand Model and Corridor Analysis; 6. Development and Evaluation of Multimodal Transportation System Alternatives; 7. Capital Improvements Plan; and 8. Transportation Master Plan Document This scope of work is directed at addressing current and future transportation issues and utilizes all of the previous work that has been completed for the 2012 Round Rock Transportation Master Plan. TASK 1 - Project Management The management of project activities will ensure the efficient and timely delivery of study results. The four objectives for the project management program are scope, cost, schedule, and quality control to be completed through the following subtasks: Task 1.1 — Progress Reports — HDR will provide the City with monthly progress status reports. Monthly progress reports will include a brief summary of items completed during the month, outstanding issues to be resolved, and items to be completed in the following month. Coordination of project issues with City staff will be conducted as often as needed by either telephone or email. Task 1.2 — Proiect Management Plan (PMP) — HDR will prepare a Project Management Plan that includes a detailed work schedule (in Gantt Chart) that will allow for the successful completion of study activities while maintaining adequate opportunity for City comment and review. The PMP will identify dates for key project milestones, meetings, project deliverables, key contacts, and list of data needs. A quality control plan will be developed to establish review procedures throughout the study. This plan will focus on the review of project deliverables. Task 1.3 — Proiect Meetings — HDR will meet with City Staff on a monthly basis (or more frequently if required) to discuss project issues or prepare for public meetings or presentations. This is in addition to the Technical Committee meetings described in Task 2. Task 1.4 — Invoices/Payment Requisitions — HDR will prepare and submit monthly invoices in the format desired by the City. The payment requisitions will include an updated project schedule and the City's payment application form. Deliverables (electronic format): Progress reports, schedule and payment requisitions as required by the City. TASK 2 — Coordination and Public Participation Task 2 will be accomplished with the following subtasks: Task 2.1 — Public Involvement Plan — HDR and Rifeline will prepare a Public Involvement Plan (PIP) that includes a detailed work schedule that will allow for the successful engagement of public and community stakeholders throughout the development of the TMP. The PIP will identify dates for key project milestones, meetings, project deliverables, key contacts, and list of data needs. EXHIBIT B Engineering Services Task 2.2 — Meetings with Technical Advisory Committee (TAC) — A technical advisory committee will be formed by City staff to direct the TMP update process. HDR will conduct four (4) meetings with the Technical Committee at milestones established in the attached "Project Schedule" to review data and solicit comments. HDR will conduct the four meetings with the TAC as follows: 1. The first meeting will be an orientation/kick-off meeting at the beginning of the project. 2. The second meeting will take place after the existing conditions assessment is completed. 3. The third meeting will be held after the development of recommendations, as shown on the attached "Project Schedule". 4. The fourth meeting will be held after the project costs estimates and prioritization has been developed. HDR will coordinate with the Project Manager to find an appropriate location for all meetings. In addition, HDR, along with the City's Project Manager will hold coordination meetings with the following agencies: Texas Department of Transportation (TxDOT), Capital Area Metropolitan Planning Organization (CAMPO), Capital Metropolitan Transportation Authority (Capital Metro), Round Rock Independent School District (RRISD), Williamson County, Capital Area Rural Transportation System (CARTS), and up to two (2) other key stakeholders selected by the City during the development of the TMP. Task 2.3 — City Council and Planning and Zoning Commission Meeting — HDR will attend one (1) meeting each with the City of Round Rock City Council (at Council packet briefing meeting) and Planning and Zoning Commission to present the TMP recommendations. Task 2.4 — Public/Business Open House — HDR and Rifeline will conduct two (2) project open houses for soliciting public input for the project. The HDR Team will conduct the first open house after completion of the existing condition evaluation and one open house after the development of CIP recommendations. The HDR Team will coordinate with City's Project Manager to find an appropriate location for the Open Houses. In addition to the Open Houses, HDR will be present at two (2) public events to provide information about the TMP. The public events will be decided based on discussions with City staff. Task 2.5 — Neighborhood Meeting — In addition to the two open houses, HDR will conduct up to four (4) neighborhood meetings for soliciting public input for the project. The neighborhoods will be decided based on discussions with City staff. Task 2.6 — Public Input Process — In addition to the two public open houses, HDR will use the following media and public outreach strategies to engage citizens: a. Traditional and New Media — The HDR Team will work with the City's communications staff to prepare and distribute press releases to local media before each open house and (if desired by the City) before the City Council presentation. b. Virtual Open House — The HDR Team will create an electronic version of the Open House Presentation Materials for hosting on the City website. This will include opportunities for citizen comment. c. Facebook Updates — The HDR Team will coordinate with the City's communications staff to post regular updates to the City's established Facebook page. Updates will be posted as appropriate, when new information is available. d. Twitter Updates — The HDR Team will coordinate with the City's communication staff to post regular updates to the City's established Twitter account. Updates will be posted as appropriate, when new information is available. e. Other Materials — The HDR Team will provide presentation material developed under this task for use by City staff as a speaker's bureau to community groups. f. HDR will provide a geocoded google map to record and review public comment collected at public open houses and neighborhood meetings. 2 EXHIBIT B Engineering Services Deliverables (electronic format): Detailed coordination and public participation strategy, reports, schedules and documentation as required by the City. TASK 3 — Comprehensive Review and Evaluation of Existing City Documents and Policies with Recommendations This task involves the review and evaluation of current City documents and plans to identify policies related to transportation, to determine their consistency with the City's General Plan, and their relevance to the TMP. Recommendations for updates and revisions to bring city policies into conformance will be developed. Task 3.1 — Obtain Existing Documents — The following documents will be provided for review by the City of Round Rock: ■ 2020 General Plan; ■ All adopted and ongoing City Master Plans; ■ Neighborhood Plans; ■ City Design Manuals; ■ Downtown Parking Initiative; ■ Complete Streets Initiative; ■ Round Rock Bicycle Plan; ■ Round Rock Sidewalk and Trails Plan; ■ Transit Master Plan; ■ Context Sensitive Design Manual; • Land Development Code; ■ Zoning and Subdivision Ordinances; ■ Any Master Development Agreements for large infill projects; and ■ Agreements regarding TxDOT roadways. Task 3.2 — Identify Conflicts and Inconsistencies — HDR will summarize policies related to all aspects of transportation within the documents listed above, prepare a list of conflicts and inconsistencies, and develop recommendations aimed at resolving contradictions and achieving the intent of the TMP. HDR will also identify issues and opportunities related to adopting TxDOT roadways within City limits, identifying facilities that could benefit most from the types of multimodal improvements (e.g., pedestrian, bicycle, transit) that could best be achieved under City control. Task 3.3 — Provide Recommendations — HDR will include in the TMP a list of recommendations for consideration by the City. Such recommendations could include: • Land use and urban design policies aimed at reducing automobile dependence; ■ Proposed standards for increasing multimodal use of public rights-of-way; ■ Streetscape/landscape standards that promote place -making, enhanced aesthetics, capture of run-off and improved water quality; ■ Specific standards for improvement of pedestrian and bicycle facilities; ■ Subdivision standards aimed at promoting more compact and connected development patterns; ■ Strategies for calming traffic and reducing neighborhood conflicts; and ■ Identification of critical needed connections or facility deficiencies (vehicular, transit, pedestrian, bicycle, etc.) Deliverables — (electronic format) 1) Report summarizing the review and evaluation of the appropriate documents to include recommendations and strategies for the implementation of the TMP in accordance with the 3 EXHIBIT B Engineering Services documents listed in Task 3.1 above and recommendations for addressing inconsistencies among the documents. 2) Coordinate with City's Transportation Criteria Manual re -write Consultant to incorporate these recommended changes for City's adoption and to obtain data for the TMP Update. 3) Required updates of the Thoroughfare Plan and map, the Design Manuals, and recommendations to the current Code as it relates to transportation issues. This deliverable will be completed after Task 7. TASK 4 - Data Collection and Projections This task involves the identification and inventory of existing data and the collection of additional data needed for the completion of the study. The HDR Team will focus its data collection efforts to address the needs of the TMP. Task 4.1 — Obtain Available Data — The following data items will be provided by the City of Round Rock: ■ Available existing "as -built" information, interface data, and construction documents for projects adjacent to, crossing, and/or within study limits; ■ Assistance obtaining required data and information from other local, regional, State and federal agencies; ■ Available Accident Data, Crash Records Information System (CRIS); • Travel Demand Models used as part of the previous Transportation Master Plan; ■ Population and employment projections for base, five, ten, and twenty-five year horizons; ■ 2010 Census population data from the US Census Bureau; ■ Available database (with name, address, email and phone number) of stakeholders, neighborhoods and elected officials; ■ Most recent aerial photography of the City of Round Rock; ■ Available 24-hour traffic volume counts for the last 5-10 years; ■ Most recent Geographical Information System (GIS) files from the City and other databases, including aerial mapping and associated data files that show the location of property lines, street curbs, street names, trails, MPO boundary, topography (2' contours), known environmental features, land use, zoning and other features that will be used to develop the Thoroughfare Plan; ■ Maps and or shape files illustrating location of existing shared -use trails and on -street bicycle facilities and sidewalks; ■ Site plans and details of proposed development projects; ■ Round Rock land use and zoning map; ■ Round Rock future water and waste water map showing future development; ■ Right-of-way map along major arterials; ■ Utility maps along major arterials, upon request; ■ Programmed transportation infrastructure improvement projects list; ■ Round Rock Thoroughfare Plan; ■ Other previous studies relevant to the project. Task 4.2 — Data Collection — The HDR Team will collect the following data from available resources listed above for verification of the assumptions/input into the travel demand models: ■ Population (including projections and current data); ■ Employment Data; ■ Bicycle Infrastructure; • Trail & Sidewalk Inventory; ■ Traffic counts (24-hour, pedestrian, classification, AM and PM peak turning movement counts at 25 major intersections by Gram Traffic Counting); ■ Roadway inventory. 4 EXHIBIT B Engineering Services Task 4.3 — Projections — HDR will review the Travel Demand Model(s) previously completed as part of the current Transportation Master Plan and the existing CAMPO model for accuracy and consistency. HDR will review and verify the model inputs including but not limited to: ■ distribution of regional traffic coming in and out of the City; ■ population and employment projections at the traffic analysis zone level; ■ missing and/or redundant routes; ■ modal split; and ■ inclusion of Williamson County TMP HDR will evaluate existing transportation conditions along major roadways in the study area to determine volume to capacity ratio using the calibrated 2010 Base CAMPO Travel Demand Model. Deliverables (hardcopies of maps as requested and electronic format): 1) A technical memorandum summarizing the methodologies for collection and projection of the following technical data. All raw data will be compiled and submitted to the City. a. Traffic Analysis Zones; b. Raw data for traffic counts; c. Population and employment (existing and projected); and d. Updated roadway inventory, roadway classification system map. 2) The following maps at a minimum: a. Traffic Analysis Zones; b. Roadway Inventory; c. Roadway Classification; and d. Traffic Volumes. TASK 5 — Travel Demand Model and Corridor Analysis The 2040 CAMPO travel demand models will be utilized to obtain regional and local travel demand forecasts. HDR will develop a detailed sub -area model for the City of Round Rock to analyze different alternative scenarios. HDR will verify the estimates for projected population and employment at the census tract and traffic analysis zone levels that were used as inputs to the Travel Demand Model (in Task 4). HDR will develop a No -Build and Build Travel Demand Model for years 2025 and Ultimate in addition to the calibrated 2010 Base Year models. HDR will utilize the updated Travel Demand Model to accomplish the following tasks: Task 5.1 — Travel Demand Model for Build Condition — Utilizing the calibrated 2010 CAMPO Base Model, HDR will develop a sub -area model for the City to develop traffic forecasts for years 2025 and Ultimate in addition to the 2010 Base Year. Link volumes estimates and intersection turning movement estimates will be extracted from the TDM for utilization in the corridor/intersection analysis. Task 5.2 — Corridor Analysis — HDR will provide detailed intersection analysis using traffic simulation software (Synchro). A detailed study of traffic operations at up to 25 critical locations along selected corridors will be conducted to determine recommendations for mitigating existing and projected traffic problems. The intersections to be evaluated during this effort will be selected by City staff in coordination with HDR based on the updated travel demand model, currently documented congested locations, existing conditions analysis and public input. Using existing geometric and traffic volume information described herein, HDR will code the AM and PM peak hour Synchro models to reflect transportation network configurations for existing traffic conditions. Existing condition results will be used as a basis for comparison for future year alternatives. Traffic operations at congested locations will be evaluated to determine short-term improvement solutions that will be included in the near-term Capital Improvement Project list. 5 Engineering Services Using the inventory of existing data, newly collected data, and the ultimate results of the calibrated and validated Travel Demand Model, HDR will produce and calibrate the Corridor Simulation models using Synchro for no -build and build conditions for the forecast years (2025 and Ultimate). Corridor forecasts obtained from the travel demand models will be adjusted as necessary to account for alternate routes and multimodal improvements. Potential roadway improvements will be identified as part of corridor/intersection analysis. Anticipated mobility and access improvements will be identified and modeled to determine their impact in improving the future transportation system. Roadway segments identified with a decreasing quality of Level -of -Service will be investigated to determine the cause of the deficiency and a recommendation to alleviate this LOS reduction. Proposed projects/alternatives developed in Task 6 will include all modes of transportation, including vehicular, pedestrian, transit, and bicycle. Movement of freight in Round Rock will also be discussed. Transportation System Management (TSM) and Travel Demand Management (TDM) measures will be investigated, with TSM measures tested for suitability during the Corridor Analysis. Long-term roadway improvements will be developed from the updated travel demand models. Deliverables (hard copy and electronic formats): 1) Travel Demand Model for three scenarios for three (3) years including calculations for volume to capacity ratios; 2) GIS shape files of the updated roadway networks; 3) All updated travel demand model files; and 4) All traffic analysis files. 5) A technical memorandum summarizing, at a minimum, the resultant improvements identified by the updated travel demand models and corridor analysis. The memo should include project descriptions and cost estimates and will be referenced to the updated model. TASK 6 — Development and Evaluation of Multimodal Transportation System Alternatives All improvements to the transportation system will include multimodal aspects and will be developed in conjunction with complete street principles. Multimodal alternatives will be developed based on the following considerations: ■ Intelligent Transportation System (ITS) technologies; ■ Context sensitive design; ■ Complete streets elements; ■ Green streets; ■ Pedestrian facilities; ■ Bicycle facilities; and • Public transportation including commuter rail. Task 6.1 — Identification of Alternatives — HDR and McCann Adams Studio (MAS) will collectively develop a series of alternatives to be carried forward for evaluation. Alternatives will address all modes of transportation as appropriate. The alternatives identification will be based on the items listed above and based on the roadways identified as congested. Alternatives development will incorporate innovative ideas and best practices. Below is a summary of the process to develop alternative improvements for each of the categories listed above: 6.1.1 — Intelligent Transportation Systems (ITS) — HDR will investigate ITS infrastructure currently available to the City and TxDOT or planned for future installation. HDR will develop potential ITS recommendations that can not only assist with travel demand management but can also provide effective travel information to motorists as they make their commute choices. EXHIBIT B Engineering Services 6.1.2 — Context Sensitive Design — The HDR Team will develop corridor specific recommendations based on feedback received during the open houses and stakeholder meetings that preserve the character of the respective corridors while enhancing capacity. In addition, the HDR Team will identify policy recommendations that can be considered for city-wide implementation through other transportation/infrastructure projects. Such policies will be aimed at preserving the environmental, scenic, aesthetic, historic, and natural resource values of the area, while ensuring maximum safety and efficiency. 6.1.3 — Complete Streets — Complete Streets allow for safe travel by those walking, bicycling, driving automobiles, riding public transportation, or delivering goods. The HDR Team will analyze current rights-of-way (ROW) along the congested corridors identified in the updated travel demand models and develop recommendations aimed at achieving an appropriate balance between all modes. Particular attention will be given to the potential for enhanced transit, pedestrian and/or bicycle facilities that reduce forecasted travel demand without the need for street widening or ROW acquisition. Alternate routes will be considered to reduce travel demands to protect corridor character and to avoid the need for roadway widening. The HDR Team will also provide recommendations on corridors that were not identified to be congested on how to integrate multimodal aspects within available ROW to implement the "complete streets" elements. In addition, the HDR Team will identify policy recommendations and best practices that can be considered for city-wide implementation through other transportation/infrastructure projects. Such policies could include revisions to the Transportation Criteria Manuals, the City's subdivision ordinance, and/or to the Land Development Code. 6.1.4 — Green Streets — The HDR Team will identify potential green solutions along major corridors that create aesthetically pleasing locations but also compliment corridor drainage and water quality issues. Possible recommendations could include: the introduction of rain gardens or bio-swales within public ROW to intercept urban run-off and to reduce downstream flooding; landscape and streetscape standards to create a more comfortable and aesthetically pleasing pedestrian environment; and the use of native plantings to, reduce the need for irrigation and water consumption. The HDR Team will also identify green solutions and policy recommendations that can be considered for public and private development projects including Low Impact Development strategies that reduce urban run-off, and landscape standards that contribute to street beautification. 6.1.5 — Improved Collector Network — HDR will work closely with City staff and the neighborhoods to identify an improved and connected collector network for the City. The improved network will better distribute travel demand throughout the network rather than on single roadways, resulting in higher vehicles miles traveled. The collector plan will be developed in a manner that preserves community character while discouraging cut -through traffic within neighborhoods. 6.1.6 — Pedestrian Facilities — The HDR Team will review the current sidewalk plan and develop recommendations that complete gaps within the existing system and provide continuity. Standards that meet the criteria of universal access and enhance pedestrian safety and ease of movement at intersections, key activity areas and along neighborhood streets and community activity areas (such as schools) will be evaluated and recommended. The proposed recommendations will enhance the current plan and will facilitate modal shift from single occupant vehicles (SOV) for short distant trips. 6.1.7 — Bicycle Facilities — The HDR team will review the Round Rock Bicycle Plan to provide recommendations for further enhancements that could increase bike ridership and safety, and enhance citywide mobility and regional connectivity. Possible recommendations may include: opportunities for roadway re -striping to gain on -street bike lanes within existing roadways without reducing vehicular capacity; the introduction of buffered or protected bike lanes also known as "cycle - tracks" or shared use paths in parts of the City that have the highest potential for bicycle ridership; and the expansion or improvement of off-street trails between major destinations and/or through public open spaces. The proposed recommendations will be aimed at applying best practices to facilitate modal shift from SOV. 6.1.8 — Public Transit — HDR will incorporate the transit master planning effort currently underway into this TMP. HDR will identify corridors that can provide better through movement with transit service over SOV. Location and features of transit enhancements, such as transit centers, stop 7 EXHIBIT B Engineering Services improvements, and clarification of policies regarding the installation of bus bays, bus shelters and bus shelter amenities will be reviewed in developing recommendations. Task 6.2 — Evaluation of Alternatives — The HDR Team will conduct an evaluation of the alternatives to develop a long-term multimodal transportation framework. Alternatives including alternative routes/connections will be analyzed in the TDM and as part of the corridor analysis. Assumptions utilized in adjusting travel demand forecasts based on these multimodal alternatives will be documented. Innovative solutions to traditional capacity issues will also be identified for consideration. Evaluation will incorporate the goals and policies of the General Plan, community values, environmental impact and safety aspects. Deliverables (Hard copy and electronic formats) — A report including, at a minimum: bicycle facilities, pedestrian facilities, public transportation plans with recommendations including best practices for policies; and funding options (including impact fees) as well as innovative solutions for alternatives to traditional capacity issues. TASK 7 — Capital Improvements Plan The HDR Team will develop a Capital Improvements Plan, identifying improvements the City will need over the next 25+ years. This task includes a review of current plans and policies relevant to transportation to develop an initial list of roadway improvement projects and transportation related issues of concern to local citizens and staff. The HDR Team will compare already proposed improvements in these documents to existing conditions, and against the projected conditions from the travel demand and corridor analysis models. HDR will also identify issues on an intersection and corridor basis, considering the following: pedestrian access, bike lanes, transit facilities/routes, economic vitality, protection of the environment and city beautification. Using City staff and public input, and the results of all data collection, travel demand model results and corridor analysis results, the HDR Team will develop recommendations for policies to be incorporated into the City's TMP. All travel modes will be addressed, ensuring that the Plan will address the needs of all citizens and visitors to Round Rock. A thoroughfare map illustrating the proposed improvements and timeframe for implementing improvements will be prepared as part of this task. Task 7.1 — CIP Project List — Based on the analysis and evaluation described in Tasks 5 and 6, the HDR Team will develop a list of recommended CIP projects on an intersection and corridor level. Task 7.2 — Cost Estimates — The HDR Team will develop probable construction cost estimates for the proposed multimodal improvements identified in Tasks 5 and 6. All assumptions utilized to develop these planning level cost estimates will be documented. Task 7.3 — Project Ranking Criteria — The HDR Team, in conjunction with City staff, will develop project ranking criteria to evaluate the improvements and to prioritize them based on implementation timeframe. The systematic and detailed analysis used to evaluate potential transportation improvements in Tasks 5 and 6 will provide important information regarding the prioritization of proposed improvements. The analysis will provide policies, a clear systematic evaluation of each scenario, and a recommended ranking order for the alternative scenarios which will be included in the report. This ranking order will be used to prioritize implementation in the short-term (present to year 2020), intermediate range (2020 to 2030) and build -out conditions, based on demand and feasibility. The prioritization will also include identification of the agency or agencies responsible for implementation. Task 7.4 — Funding Plan — HDR and Prime Strategies will develop a funding strategy to implement the proposed improvements to meet the multimodal mobility challenges for the next 25 years. The HDR Team will evaluate existing funding sources and identify potential new and innovative funding mechanisms to implement the improvements. M EXHIBIT B Engineering Services Deliverables (Hard copy and electronic formats): 1) Table of proposed projects/alternatives including ranking, cost estimate and year of completion. Key maps of projects will be prepared. 2) Matrix summarizing available funding sources, project costs and potential new innovative funding source. TASK 8 — Transportation Master Plan Document The findings and recommendations of Tasks 1 through 7 will be summarized and documented in a draft and final City of Round Rock Transportation Master Plan Report. Findings, assumptions, and methodology used in the TMP development will be explained and documented in a Draft and Final Transportation Master Plan. The main document will be designed to be user friendly with clear and concise text supported by high quality graphics and maps that the general public can easily understand. Recommendations will be explained with the minimal use of technical jargon and in ways that clearly explain their intent and value to the community, and their relationship with the General Plan goals. Appendices will provide detailed information and technical back-up to support the recommendations. All study activity will be documented throughout the duration of the project so as to maintain accurate and consistent records of all data collection, forecast activities, alternative assessments and recommendation development. The HDR Team will address all transportation modes in the Master Plan including autos, bicycles, pedestrians, and transit. This task will be completed with the following subtasks: Task 8.1 — Summary of Goals and Objectives — HDR will summarize the vision, goals, and objectives for the City of Round Rock TMP for the build -out condition. This task will be accomplished with the extensive input of the Technical Advisory Committee and City staff. The City's commitment to multimodal transportation solutions and their inter -relationship with other community values expressed in the General Plan (e.g., improved mobility, economic development, health, environmental sustainability, livability, etc.) will be clearly explained and illustrated. Task 8.2 — Summary of CIP Projects — HDR will summarize the proposed projects for the CIP. Brief information sheets will be prepared for each project and will be included in the Appendix of the report. Task 8.3 — Summary of Mobility Improvements — HDR will include a summary of the alternatives evaluation process in this section and include a list of improvements that were identified for the TMP. Task 8.4 — Bicycle and Pedestrian Plan — HDR will include bicycle and pedestrian elements into the roadway cross-sections as needed to guide the future allocation of local resources to address the needs of bicyclists and pedestrians for mobility and safety within the community. Task 8.5 — Prioritization of Improvements — HDR will include a summary of the prioritization process conducted as part of Task 7 in this section. Tasks 5 and 6 will provide systematic and detailed analysis to evaluate the potential transportation improvements. Task 8.6 — Draft and Final Reports — A draft report documenting the methodology findings, and recommendations for the study effort, will be prepared and presented for approval. After receiving comments from the City of Round Rock, Appointed Committee, City Council, and Planning and Zoning Commission, a Final Transportation Master Plan Report will be prepared. Deliverables (Hard copy and electronically in PDF and MS Word format): Draft versions of sections of the TMP will be submitted to the Project Manager electronically in PDF and MS Word format throughout the project as they are completed. These interim reports correspond with final report chapters, which will be organized following consultation with the Project Managers. The final document may be prepared in rall owl i:1Mr:1 Engineering Services InDesign to allow for a well structured document with a pleasing and clear visual aesthetic with high quality graphics. The organization for the final Transportation Master Plan Report will be developed in close coordination with the City staff. A one page document will be prepared to include goals and vision of the transportation master plan and a prioritized project list for distribution to the public. 10 _ Task Name Duration Start Finish Dec'16 Jan'17 Feh'17 Mar'17 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 2 1 Notice to Proceed 1 day 2 Project Kick -Off Meeting 1 day 3 TASK 1- Project Management 4 Progress Reports 284 days 5 Project Management Plan 17 days 6 Project Meetings (Monthly) 1st Tues. Month 284 days 7 Invoices/Payment Requisitions (Monthly) 284 days 8 TASK 2 - Coordination and Public Participation 9 Public Involvement Plan 16 days 10 Meetings with Technical Advisory Committee (TAC) 11 1st TAC Meeting 1 day 12 2nd TAC Meeting 1 day 13 3rd TAC Meeting 1 day 14 4th TAC Meeting 1 day 15 City Council, Planning & Zoning Commission Meetings 16 Planning and Zoning (Tentative) 1 day 17 City Council (Tentative) 1 day 18 Public/Business Open House 19 1st Public Open House (Tentative) 1 day 20 2nd Public Open House (Tentative) 1 day 21 Neighborhood Meetings 22 1st Neighborhood Meeting (Tentative) 1 day 23 2nd Neighborhod Meeting (Tentative) 1 day 24 3rd Neighborhood Meeting (Tentative) 1 day 25 4th Neighborhod Meeting (Tentative) 1 day 26 Public Input Process 218 days 27 TASK 3 - Evaluation of Existing City Documents and Recommendations 28 Obtain Existing Documents 24 days 29 Prepare and Submit Draft Report 34 days 30 City Review 11 days 31 Finalize Report 12 days 32 TASK 4 - Data Collection and Projections 33 Obtain Available Data 24 days 34 Data Collection 22 days 35 Prepare and Submit Draft Technical Memorandum 65 days 36 City Review 12 days 37 Finalize Technical Memorandum 11 days 38 TASK 5 - Travel Demand Model, Corridor Analysis and Travel Surveys 39 Travel Demand Model for Build Conditions 131 days 40 Corridor Analysis 111 days 41 Prepare and Submit Draft Technical Memorandum 15 days 42 City Review 11 days 43 Finalize Technical Memorandum 12 days 44 TASK 6 - Development and Evaluation of Multi -modal Transportation System Alternatives 45 Identification of Alternatives 45 days 46 Evaluation of Alternatives 88 days 47 Prepare and Submit Draft Technical Memorandum 15 days 48 City Review 11 days 49 Finalize Technical Memorandum 12 days 50 TASK 7 - Capital Improvements Plan 51 Develop and Submit Project Ranking Criteria 43 days 52 City Review 33 days 53 Finalize Project Ranking Criteria 22 days 54 CIP Project List and Cost Estimate 22 days 55 TASK 8- Transportation Master Plan Document 56 Prepare and Submit Draft Master Report 55 days 57 City Review 18 days 58 Finalize Master Report 20 days 59 Council and Planning and Zoning Presentation 24 days Mon 2/1/16 Mon 2/1, Fri 2/12/16 Fri 2/12/ Mon 2/1/16 Thu 3/2/ Wed 2/3/16 Thu 2/25 Mon 2/1/16 Thu 3/2/1 Mon 2/1/16 Thu 3/2,%x" - Wed 2/3/16 Wed 2/2 Thu 3/24/16 Thu 3/24 Fri 7/1/16 Fri 7/1/1 Mon 11/21/16 Mon 11/ 0 11/21 Thu 12/1/16 Thu 12/1 v 12/1 Fri 2/3/17 Fri 2/3/1 • 2/3 Mon 2/13/17 Mon 2/1 • 2/13 Fri 7/8/16 Fri 7/8/1 Mon 11/14/16 Mon 11 Wed 7/27/16 Wed 7/ Wed 8/3/16 Wed 8/ Wed 8/10/16 Wed 8/ Fri 8/12/16 Fri 8/12 Wed 2/17/16 Fri 12/1 Fri 2/12/16 Wed 3/ Thu 3/17/16 Tue 5/3 Mon 5/2/16 Mon 5/ Wed 5/18/16 Thu 6/2 Fri 2/12/16 Wed 3/ Thu 3/17/16 Fri 4/15 Thu 3/17/16 Wed 6/ Thu 6/16/16 Fri 7/1/ Mon 7/4/16 Mon 7/ Thu 3/17/16 Thu 9/1 Wed 5/18/16 Wed 10 Mon 10/3/16 Fri 10/2 Mon 10/24/16 Mon 11 Mon 11/7/16 Tue 11/ Wed 5/18/16 Tue 7/1 Fri 6/17/16 Tue 10/ Mon 10/3/16 Fri 10/2 Mon 10/24/16 Mon 11 Mon 11/7/16 Tue 11/ Mon 9/19/16 Wed 11 Mon 10/17/16 Wed 11 Wed 8/17/16 Thu 9/1 Mon 10/17/16Tue Si/ Mon 10/17/16 Fri 12/3 Mon 1/2/17 Wed 1/: Fri 1/27/17 Thu 2/2 Wed 2/1/17 Mon 3/1 Project: CORK TMP_Schedule.mp Task � Milestone • Date: Thu 12/10/15 Split ............... Summary HDR Engineering, Inc. Firm #754 0 12/30 i - i ♦ 2/23 C Deadline t 3 Progress 0 O C! O O O O O O O O O O O O U C) 00 o 0 0 0 0 O J O O O O O O O O O C F T O N 16 O Ld C o CN CN LO m o 0 o c 0 0 H CD O OO CD O O 0 CD CL 00 p T L N W co u> u> 609 u> v UD w 0 0 0 6a O p O O Y C:) o 0 0 0 0 c N QCl O M O O Qf F (p M 69 Cl) 6A p u? 64 0 ff3 69 O O O r O o p O Y o 00 0 0 0 c y o o LO 0 0 0 1- Q N p N o O M @ N N CO 6F3 69 N of EA Vk C) O O 6o O O O Y 0 0 0 0 0 0 0 N p O O N O O N Q N p p V p p to F I- us 6A v3 69 Ln ,;I -to u> 6» w 0 o 00 0 0 ,n CD p O p O p O p O o V) 0 N O O O O co N 69 6H 69 613, a r O O O 0o Y p O O O O O p U) N O O O Ci O tp Q C'? 0 0 o v o r rn 6A 69- ua st u> of M 69 M W O O O M O o O Y o 0 0 p O o p �p OO p O O to Q o 0 0 o o EA 6A M d3 u7 to u) N w M dT O o o O o N O OO O O Y 0 CO 0 O 0 0 N 0 O 0 O 0 N Q O M M p p M H M ti M O e 669 69 6) u> K O O O O o O O O Y 0 O 0 O m 0 0 0 0 0 60 N N co o O O M p� N UT p u3 V3 ui K3 uT V) cq K a1 a) LL U E C m o N E U C U 7 C G Z C U)7 y CA C N N O 7 J O N C al "0O U a` Q w (' � F- S a) m E 1- 0 E fO H 2 w IL 2 C7 M �� 1 �om'ea�e'e0� RS7�N IIIIIIIIIIIII 0111111111111 CRISIS ��III��NI�I li IIIIIIIIIIIII 0111111111111 CRISIS a C 9S i R MISSION MORRIS n 0 u a� � e��a� � ume�nem�e���en� � � i . . . . . . . . ..... I . . . . . . . . . . ......... a V V L C 0 $ m $ $ o 0 e = C U U U n `aci Ea a � a V V L C 0 $ m $ $ o e = C U U U n `aci Ea a � 10.14 25116.1 Certificates of Insurance Attached Behind This Page ACORUO CERTIFICATE OF LIABILITY INSURANCE 6/1/2016 [7ATE(MMIDDIYYYY) 12/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Loekton Companies 444 W: 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 TACT NAME: PHONE FAX Ext : AICNo -MCAIL ADDRESS: X_.... COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XJ OCCUR INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company 19682 37CSEQU0950 INSURED HDR ENGINEERING, INC. _ 1013472 8404 INDIAN HILLS DRIVE INSURER B: Travelers Property Casualty Co of America 25674 INSURER C: American Zurich Instuance Company 40142 INSURER D: Lexington Insurance Company 19437 OMAHA, NE 68114-4049 INSURER E : INSURER F: COVERAGES HDRINOI CERTIFICATE NUMBER: 13797801 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN9R] LTR II -POLICIES. TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MMIDDIYYW POLICY EXP" MMIDDIYYYY LIMITS A X_.... COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XJ OCCUR Y Y 37CSEQU0950 6/1/2015 6/1/2016 EACH OCCURRENCE $ 1000 000 DAMAGETORENTED PREMISES Ea occurrence $ 1 000 000 MED EXP (Anyone person) 10 000 _$- PERSONAL 8 ADV INJURY S_ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL A_GGR_EGATE! $ 2,000,000 1131- LOC POLICY ❑ JECT PRODUCTS - COMPIOP AGG $ 2,000,000 - $ OTHER: A A A AUTOMOBILE X LIABILITY ANY AUTO y Y 37CSE000951 AOS ) 37CSFQUI160 (Hl) 37CSEQU1160 A) 6/1/2015 6/1/2015 6/1/2015 6/1/2016 6/1/2016 6/1/2016 (Ea ace eats LE LIMIT $ Ea accident 2,000,000 BODILYINJURY(Perperson) $ XXXXXXX BODILY INJURY (Per accident) $ ,XXXXXX ALLOWNED AUTOS AUTOS PROPERTY D$AMAGE Per accident XXXX= X NON -OWNED HIRED AUTOS XAUTOS SXXXXXXX B X UMSRELLALIAB X OCCUR Y Y ZUP-l0R64084-15-NF 6/1/2015 6/1/2016 EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE (EXCLUDEDS PROF LIAB) AGGREGATE $ 1000 000 DED I I RETENTIONS $ XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y fN ANY PROPRIETORIPARTNERIEXECUTIVEN CFFICER(MEMBER EXCLUDED? N❑ (Mandatory In NH) 1 A Y 4381127 7/1/2015 7/1/2016 X STATUTE ERT'_ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EM PLOYEEI $ ] 000,000 E.L. DISEASE - POLICY LIMITSyes, I ] 000 000 describe under If IDESCRIPTION OF OPERATIONS below D ARCHS RENGS N N 06185369/ 6/1/2015 6/1/2016 PER CLAIM: $1,000,000 PROFESSIONAL AGGREGATE: $1,000,000 LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 1 D1, Additional Remarks Schedule, may be attached if more space is required) RASHED ISLAM - CORR TMP UPDATE. THE CITY OF ROUND ROCK IS NAMED AS ADDITIONAL INSURED ON GENERAL, AUTO, AND UMBRELLA LIABILITY AS PER WRITTEN CONTRACT, ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW.30 DAYS NOTICE OF CANCELLATION APPLIES, 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. ,ha1IIa:UI1111a]a14 13797801 CITY OF ROUND ROCK ATTN: CITY MANAGER 221 E. MAIN STREET ROUND ROCK TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988x2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES 1295 FORM 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-4861 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/22/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 00000 Transportation Master Plan - Professional Engineering Services 4 Nature of interest (check applicable) Name of Interested Party City, State, Country (place of business) Controlling Intermediary Felker, Brent R. Davis, CA United States X Keen, Eric L. Omaha, NE United States X O'Reilly, Charles L. Boston, MA United States X Little, George A. Omaha, NE United States X HDR, Inc. Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 'HY'P� • MICHELLE M BRITTON . = P.......8�:• NOTARY PUBLIC State of Texas Comm. Exp. 06-27-2017 Sign of a th ized ag t of tracting business entity AFFIX NOTARY STAMP / SEAL ABOVE '7 \, `e �G1 Z Z- �f V Sworn to and subscribed before me, by the said l L/ l r this the G• day of —/ 20to certify which, witness my hand and seal of office. al,el I I / /V V Signature of officer administering oatK Printed name of officer administering oath Title of officer adiiiinistering oath Cnrmc ., „i'l—I h„ -rn— Cthirc r,—miccinn %AAAAA1 Pthirc etntP tY i Ic Version V1.0.34416 V. ...-...- -.J . ,..,. --- ...... -- CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-4861 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/22/2016 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock Date Acknowledged: 01/27/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 00000 Transportation Master Plan - Professional Engineering Services 4 Nature of interest (check applicable) Name of Interested Party City, State, Country (place of business) Controlling Intermediary Felker, Brent R. Davis, CA United States X Keen, Eric L. Omaha, NE United States X O'Reilly, Charles L. Boston, MA United States X Little, George A. Omaha, NE United States X HDR, Inc. Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us version V1.U.3441b