R-04-01-22-14E3 - 1/22/2004RESOLUTION NO. R -04-01-22-14E3
WHEREAS, the City of Round Rock desires to retain engineering
services for the final design of Red Bud Lane from US 79 to CR 123, and
WHEREAS, HDR Engineering, Inc. has submitted an Agreement for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with HDR Engineering, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Engineering Services with HDR
Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR
123, a copy of said agreement being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 22nd day of January, 2004.
N WELL, Mayor
City of Round Rock, Texas
A7 : ,
nom/
CHRIS'T'INE R. MARTINEZ, City Secret ry
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IrROUNDROCK,SWK PROSPUM
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
WITH HDR ENGINEERING, INC.,
FOR RED BUD LANE FROM US 79 TO CR 123
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is 'made and entered into on
this the — day of January, 2004, by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-
5299, (hereinafter referred to as "City"), and HDR ENGINEERING, INC., whose principal place of
business is located at 2211 South IH -35 Suite 300, Austin, Texas 78741, (hereinafter called "Engineer"),
and such 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:
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.
Engineering Services Agreement 00058313
Filename:HDR.Red Bud Ln.1.8.04.doc
EXHIBIT
a
a
"An
Rev.1 l/1/03
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 performed 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.
(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.
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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 Forty -Nine Thousand Three Hundred Sixty-three and No/100
Dollars ($249,363.00) 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.
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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
City shall issue a written authorization to proceed with Engineering Services. City shall not be
responsible for actions by Engineer or any costs incurred by Engineer relating to additional Engineering
Services not included in Exhibit B.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein
2008 Enterprise Drive
Round Rock, Texas 78664_
Telephone Number (512) 218-5562_
Fax Number (512) 218-3242_
Email Address bstablein@round-rock.tx.us-
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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 Borenstien
2211 S IH -35 Suite 300
Austin, Texas 78741
Fax Number 918-5186
Telephone Number 918-5158
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
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
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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.
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 City Council Resolution. Engineer shall not proceed until the appropriate
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Resolution has been adopted. 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 Council 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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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
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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
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
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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.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
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ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
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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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
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.
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.
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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
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
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Engineer:
Mark Borenstien
HDR Engineering Inc.
2211 South IH -35 Suite 300
Austin, Texas 78741
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
egalrights 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.
(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
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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 Mayor, duly authorized to execute the same on its behalf by Resolution No.
, approved by the City Council on the day of the month of January,
2004, and Engineer, HDR Engineering, Inc., 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:
Nyle Maxwell, Mayor
ATTEST:
By:
City Secretary
HDR ENGINEERING, INC.
By:�'�1 �
Signature of Principal
Printed Name: JA�-XJ it. (K.C)
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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
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EXHIBIT A
City Services
The City will provide for the Engineer under this agreement the following items/information:
• Schedule, coordinate and conduct meeting of affected property owners.
• Provide assistance with coordination with TxDOT.
• Provide a list of utility providers with contact names and phone numbers for the project area.
• Provide drawings of any CITY utilities within the project limits.
• Provide electronic drawings of the proposed developments within the project limits.
Rev. 11/1/03
17
EXHIBIT B
Engineering Services
The work to be performed by the Engineer under this contract shall consist of providing engineering
services for drainage, railway, roadway and bridge design and preparation of 1 (one) set of Plans,
Specifications, and Estimates (PS&E) for the construction of CR 122 (Red Bud Lane). The PS&E will
provide details for the construction based on the approved schematic.
Limits of the construction will include appropriate transitions and geometry (vertical and horizontal)
where required to connect the existing pavement sections to the proposed construction. The roadway
will be designed as an urban section with provisions for a sidewalk section along the east side.
The ENGINEER will employ a computer graphics system that will provide Microstation format graphic
files compatible with the current version of Microstation software used by the CITY OF ROUND
ROCK.
All coordinate geometry will be based on and tied into the CITY OF ROUND ROCK's coordinate
system.
The ENGINEER shall collect, review, and evaluate all of the available existing data pertaining to the
above project and prepare the PS&E in accordance with the requirements and policies of the CITY OF
ROUND ROCK.
The ENGINEER shall coordinate as required with the Texas Department of Transportation in regards to
the intersection with US 79 and will apply for all applicable permits required from the Texas
Department of Transportation (TxDOT). It is assumed that the permitting process will be standard and
straightforward. If there are, additional requirements imposed by TxDOT undiscovered through the
coordination process, services to comply with TxDOT criteria would require an additional scope and
budget under a supplemental agreement.
The ENGINEER shall furnish a notice of construction to the utility companies with a project layout in
order for the utility companies to identify and annotate their utilities on the above layout. The
Engineer shall design the roadway features to avoid conflicts or minimize major relocation of utilities.
The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY OF ROUND
ROCK as shown on the project schedule. The Engineer will conduct a utility meeting of all utility
owners within the project limits prior to the 50% submittal or, as approved by the CITY OF ROUND
ROCK's project manager.
The ENGINEER will conduct evaluations of waters of the U.S., including wetlands, in all areas
potentially affected by the proposed project, and a "jurisdictional waters finding" will be provided if
necessary. As part of the environmental phase of the project, the ENGINEER will prepare a Section 404
or Section 9 permit for the U.S. Army Corps of Engineers and/or the U.S. Coast Guard. Any Section
404 permitting that requires direct coordination with the U.S. Army Corps of Engineers will require an
additional scope and budget under a supplemental agreement. Services for the development of a
Mitigation Plan are not covered under this scope of services and would require an additional scope and
budget under a supplemental agreement
Rev. 11/1/03
18
The ENGINEER will prepare a detailed contract time estimate work sheet to determine the approximate
time (working days), based on the CITY OF ROUND ROCK standard definition of a working day. All
coordinate geometry will be based on and tied into the CITY OF ROUND ROCK's preferred coordinate
system.
The CITY OF ROUND ROCK will be the principal contact for public/private inquiries regarding the
project.
Contract Constraints and Conditions
The project will be developed in English units
The ENGINEER will be required to meet with the designated CITY OF ROUND ROCK representatives
four times to report on progress.
PS&E shall be prepared in accordance with the applicable requirements of CITY OF ROUND ROCK
Specifications, Standards, and manuals (updated for revisions). Whenever possible, the CITY's
standard drawings, standard specifications, or previously approved special provisions and/or special
specifications will be used. If a special provision and/or special specification must be developed for this
project, it shall be in a format acceptable to the CITY and, to the extent possible, incorporate references
to approved test procedures. All design exceptions to CITY OF ROUND ROCK standards shall be
requested in writing, by the ENGINEER, for CITY OF ROUND ROCK approval.
The existing ROW plan will be investigated and a determination for the need of addition ROW will be
made. If it is determined that additional ROW is required, this work will be handled under a
supplemental agreement.
The engineering work on this project will be performed and may be inspected by the CITY OF ROUND
ROCK in the offices of the ENGINEER, except for the fieldwork, which shall be performed on-site.
The ENGINEER will review the schedule and prepare monthly progress reports for review by the CITY
OF ROUND ROCK. Invoices for all work completed during the period will be submitted monthly for
the Engineer and all sub -consultants. Monthly progress reports will include:
• Actual activities performed during the reporting period
• Anticipated activities planned for the next period
Deliverables
• Monthly Progress Reports (one [ 1 ] printed copy with invoice).
• Monthly invoices including tabulation of percentage complete by task.
Deliverables Required of the ENGINEER
The ENGINEER will be required to provide the following deliverable items:
1. Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY
OF ROUND ROCK
Rev. 11/1/03
19
2. A hard copy of estimate, general notes, and specifications; and a diskette of the project estimate.
All project cost estimates will be generated in CITY OF ROUND ROCK cost format (provided
by the CITY).
3. Copies of plan sheets as required for review of project details.
4. All Microstation graphics files on compatible archive media used in developing the PS&E and
all Geopak .gpk files for vertical alignment and design cross sections. HDR will provide a CD
containing the Final submittals.
a.The CADD files which comprise the geometry model.b.All GEOPAK project files. (1) Include
a brief description of each file. (2) Include an explanation of chain and profiles with the names
and locations.
Also need legend showing line weight, style, color, and levels and the color tables that
were used during design.
Note: The GEOPAK project files shall include but are not limited to:
1. GEOPAK .gpk and .prj files
2. Design cross-section file (showing existing and design cross-sections)
3. Earthwork output file
4. List of chains.
5. Original and final cross section output in ASCII format, or plotted on plan sheets, or work roll
for construction contractor's information.
6. Provide hydraulic report including a drainage area map, hydrologic and hydraulic calculations
for all bridges, culverts and/or street drainage systems.
7. Provide the CITY OF ROUND ROCK with an electronic version of project General Notes. All
general notes, standard specifications, special specifications and special provisions will be
created using MS Word (CITY OF ROUND ROCK templates).
8. CITY OF ROUND ROCK review submittals will be as outlined in the roadway and bridge
design tasks.
After CITY OF ROUND ROCK's review of the 100% submittal is complete and the Engineer is notified
of findings, the Engineer will be required to correct and/or clarify matters noted during the review
process and submit corrected PS&E back to CITY OF ROUND ROCK. The corrected PS&E shall be
provided on 11" X 17" paper copies. The corrected PS&E shall also be provided in a digital format once
final revisions have been made for use by the CITY OF ROUND ROCK only.
Document Media Size No. Of Copies
Review Submittal Final Submittal
Hydraulic Report 8.5" X 11" As Required As Required
PS&E 11"X17" As Required As Required
Rev. 11/1/03
20
Engineering services shall also include the tasks more specifically described in the TASK OUTLINE.
*Deliverable
Dates
Design Survey
March 1, 2003
30% Submittal of PS&E
March 17, 2003
50% Submittal of PS&E
April 20, 2003
90% Submittal of PS&E
June 10, 2003
95% Submittal of PS&E
July 16, 2003
100% Submittal of PS&E
August 19, 2003
*Schedule includes 15 calendar days for review of submittals.
PS&E DEVELOPMENT
Design Survey:
1. Place the location of existing utilities on the survey. Provide a list of utility owners. Coordinate
with utilities located from previous survey.
2. Locate existing underground utilities horizontally within the limits of the survey. Vertically locate
utility lines that are readily accessible at manholes, valve covers, etc. Survey requiring excavation to
expose utility lines is not part of this scope of services and would require a supplemental agreement.
3. Obtain right of entry to properties.
4. All coordinate geometry will be based on and tied into the State's, USGS, and FEMA coordinate
system.
5. Field surveys shall be required for the establishment of a horizontal base line and benchmark circuit
for the project, horizontal and vertical ties of critical existing facilities and features, including all
features influencing existing streets and driveways, and of the existing right-of-way lines. The
Surveyor will stake in the field P.I.'s, P.O.T.'s, P.C.'s and P.T.'s for the approved centerline
alignment.
6. Establish benchmarks in locations that will not be disturbed by construction and tie benchmark
elevation to known USGS and FEMA reference mark.
7. Provide location of permanent project benchmarks and traverse points (description, coordinates and
elevations). Topographic mapping and profile the entire survey area. Provide topographic map plot
at a scale of 1"=100', depicting all surface features, legible text (leadered in if necessary) and 1 -foot
contour lines indexed at even 5 -foot intervals. Show existing Right -Of -Way on US 79, CR 122,
intersecting side streets identified above, and UPRR. Forward hard copy plots and digital files
(digital files shall be in MicroStation SE — 3D format on CD-ROM or DOS 1.44 MB, 3.5 -inch
diskettes). Provide a separate MicroStation SE file that contains 3D breaklines, existing ground
triangulation network and contours with elevations. Provide digital ASCII file (on CD-ROM or
DOS 1.44 MB, 3.5 -inch diskettes) and hard paper copy of all survey points in (point number,
Northern, Eastern, elevation, description) format.
8. Cross-section 200' wide strip within defined survey limits. Cross-section US 79 roadway 500' in
each direction from Centerline of CR 122 to ensure development of a detailed DTM to determine
actual field conditions (US 79 cross-sections should include the UP Railroad line).
9. Obtain stationing on all side road and/or driveway pipes and offset distances from centerline of
highway. Also, the type of surface, width of roadway or driveway, and skew to centerline shall be
noted. Measure size, length and type of pipe. Obtain flow line elevations of existing culverts and
ditches and center of driveway or roadway elevations.
Rev. 11/1/03
21
10. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage.
Measure all guardrail and permanent erosion control measures. Collect the required miscellaneous
information including; measurements of riprap, retaining walls, drainage culverts and structures and
note types, sizes, and shapes, measure pier size and skew angle.
11. No Aerial Services are included under this scope of services.
12. Perform railroad location survey 1000' in each direction from the Centerline of CR 122, which
includes the following:
12.1. Locate and station the centerline of track. Locate curves at 25 -foot intervals (or closer if
there are obvious, abrupt line changes within the 25 -foot segment). Locate tangent track at 50 -
foot maximum intervals. Provide coordinates for each located centerline point.
12.2. Locate and station the following centerline control points: TS, SC, PCC, CS and ST.
Provide coordinates of each located centerline point.
12.3. Locate and station the following turnout and crossover control points: PS (point of switch
at centerline of track), PF (1/2 -inch point of frog) and last long switch tie. Provide coordinates
of each located point.
12.4. Provide top of rail elevations at each location where centerline is shot.
12.5. Locate miscellaneous aboveground railroad equipment such as signals, bungalows,
switch stands and cross bucks, which are located within the survey project limits.
12.6. Connect surveying stations to known mainline stations via known milepost such as
roadway crossing and indicate increasing milepost. Stationing shall also be referenced to a
permanent feature such as an existing bridge abutment.
12.7. Surveying coordinates shall be established by GPS (Global Positioning System) method
or Traverse from existing NGS (National Geodetic Survey) control.
12.8. Rail location survey should not be included with the design survey, but should be
included in a separate 3-D Microstation Agn file. All points should be labeled appropriately.
12.9. Surveyor shall coordinate with and obtain all necessary permits and rights of entry from
the railroad authority for the survey work. Surveyor shall strictly adhere to all railroad rules and
safety instructions.
Geotechnical Investigations:
Conduct foundation studies including soil core drilling for the bridge structure to include the following:
1. Stake borings in the field utilizing tape and right angle measurements and perform utility clearance
and provide traffic control.
2. In accordance with TxDOT Geotechnical guidelines, drill 2 borings at the bridge abutments.
3. Develop a geotechnical report recommending types of retaining walls and geotechnical parameters
for wall designs and bridge foundation design and recommendations.
4. Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible Pavement"
and the current AASHTO Guide for the Design of Pavement Structures, will be the governing
references for this design. (Development of this section shall be in consultation with the District
Pavement Engineer.)
4.1. Drill 6 borings for use in pavement design.
4.2. Flexible pavement designs will be analyzed utilizing the FPS program, while rigid pavement
designs will be analyzed utilizing the Darwin 3.01 program. All pavement design will be based
on subgrade information developed by the Engineer and traffic loading conditions provided by
the CITY.
4.3. A pavement design report to TxDOT standards will be produced for the design.
Rev. 11/1/03
22
30% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Preliminary North and South Transition Layout
50% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Title Sheet (including standards)
2. Project Layout
3. Existing and Proposed Typical Sections
4. Preliminary Summary Sheets
5. Preliminary Traffic Control Plan
6. Alignment Data Sheets
7. Plan and Profile Sheets for all Alignments
8. Preliminary Intersection Layouts
9. Miscellaneous Roadway Details
10. Drainage Area Maps
11. Hydraulic Computations
12. Culvert Layouts (if necessary)
13. Storm Sewer Layouts (if necessary)
14. Utility Exhibits
15. Preliminary Signing Striping and Delineation Layouts
16. Preliminary North and South Transitions to Existing Pavement Details
17. Preliminary Erosion Control Layouts
18. Preliminary Pollution Prevention Plans
19. Design Cross -Sections
20. Preliminary Railway Crossing Layout
21. Preliminary Railway Crossing Details
22. Preliminary Bridge Layouts
23. Preliminary Construction Costs and Schedule
24. All standard sheets requiring review and/or modification.
25. Proposed special provisions or special specifications requiring approval.
90% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 50% Comments
2. Update Title Sheet
3. Project Layout
4. Final Existing and Proposed Typical Sections
5. Final Summary Sheets
6. Final Traffic Control Plan
7. Final Alignment Sheets
8. Final Plan and Profile Sheets
Rev. 11/1/03
23
9. Final Intersection Layouts
10. Final Miscellaneous Roadway Details
11. Drainage Area Map
12. Hydraulic Computations
13. Final Culvert Layouts
14. Final Storm Sewer Layouts (If necessary)
15. Final Utility Exhibits
16. Final Signing, Striping and Delineation Layouts
17. Final North and South Transitions to Existing Pavement Details
18. Final Erosion Control Layouts
19. Final Pollution Prevention Plans
20. Final Design Cross -Sections
21. Final Railway Crossing Layout
22. Final Railway Crossing Details
23. Final Railway Signal Layout
24. Final Signal Layout for the Intersection of US 79 and CR 122
25. Final Bridge Details
26. Update Construction Cost and Schedule
27. General Notes, Specifications, Special Provisions, Contract Time Determination, Other
Supporting Paperwork.
95% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 90% Comments
100% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 95% Comments
Rev. 11/1/03
24
TASK OUTLINE
TASK ONE (ROADWAY DESIGN)
A. Geometric Design _
1. Produce roadway plan & profile sheets and supporting details for CR 122 Construction.
2. All geometric design shall be in conformance with the design guides and manuals.
3. Coordinate and conduct utility meeting with the utility companies
B.Grading Design
1.The Engineer will establish a digital terrain and roadway geometry model using GEOPAK.
2.Design vertical profile to accommodate drainage, design speeds, intersections, driveways or any
other clearance considerations.
3.Determine earthwork and paving quantity calculations with the GEOPAK roadway geometry
model.
C. Signing, Striping and Delineation
1. Produce pavement marking, delineator, object marker, and signing layout plan sheets.
2. Produce a summary of all pavement markings, object markers, signs and delineators.
D. Signal Design and Layout
1. Provide Traffic Signal Plan Sheet for US 79 and CR 122
2. Provide Traffic Signal Details and Traffic Signal Standards for US 79 and CR 122
E. R.O.W. Acquisition
1. Investigated and Determine additional R.O.W. needs
2. Prepare parcel descriptions and layouts for the proposed ROW takings.
TASK TWO (ROADWAY DRAINAGE)
A. Hydrologic Studies, Discharges
1. Produce drainage area plan sheets showing drainage area and structure locations.
2. Determine discharge at structures.
3. Produce plan sheets including all hydrologic computations.
B. Hydraulic Studies, Structure Sizing
1. Perform and document hydraulic computations for the sizing of:
a. Drainage Culverts as necessary.
b. Channels and Outfalls within the Right of Way or Easements
2. Produce plan sheets including all hydraulic computations.
C. Produce Drainage Details for all culverts and ditch grades.
D. Produce summary of drainage structure quantities.
TASK THREE (TRAFFIC CONTROL)
A. Prepare Traffic Control Plan sheets and Sequence of Construction.
B. Prepare Temporary Traffic Signal Layout and Details for US 79 and CR 122
TASK FOUR (EROSION CONTROL AND POLLUTION PREVENTION PLAN)
A. Prepare Erosion Control Plan sheets.
B. Prepare Pollution Prevention Plan sheets.
Rev. 11/1/03
25
TASK FIVE (ENVIRONMENTAL
A. Conduct water evaluations of waters of the U.S., including wetlands, in all areas potentially affected
B. Provide "jurisdictional waters finding" if required
C. Prepare Section 404 or Section 9 Permit for the U.S. Army Corps of Engineers.
TASK SIX (RAILWAY CROSSING DESIGND
A. Prepare Railroad Crossing Layout Plan.
B. Prepare Signalization Layout sheets.
a. UPRR will provide signal design for UPRR warning and safety devices.
C. Design at grade railroad crossing and prepare details sheets.
TASK SEVEN (BRIDGE DESIGN
A. Finalize Bridge Layout
B. Superstructure Design and Preparation of Details
1. The final design scope is based on a prestressed concrete beam bridge with a cast -in-
place deck. Four spans are anticipated. The use of TxDOT standards is assumed. Detailed
analysis and design of the deck and girder will not be performed.
C. Abutment Design and Preparation of Details
1. The final design scope of the abutments will be based on cast -in-place concrete abutment
bent caps supported on drilled shafts. One abutment will be analyzed and designed to cover the
construction of both abutments. One abutment detail will be developed to cover the construction
of both abutments. The Details will be prepared based on the results of the single design.
D. Interior Bent Structure Design and Preparation of Details
1. The final design scope of the interior bents will be based on rectangular cast -in-place
concrete bent caps and multiple round, concrete columns supported on drilled shafts. One
interior bent will be analyzed and design to cover the construction of all interior bents. One
interior bent detail will be developed to cover the construction of all interior bents. The details
will be prepared based on the results of the single design.
E. Drilled Shaft Design and Preparation of Details
1. Based on the abutment and interior bent analyses and based on the soil/rock core data
taken at the bridge site, the drilled shaft foundation will be sized and detailed.
F. Bridge Quantities, Cost Estimate and Bearing Seat Elevations
1. Produce the construction cost estimate and Estimated Quantity and Bearing Seat
Elevation sheet.
G. Miscellaneous Bridge Details
1. Prepare necessary bridge details to clarify construction details.
H. Assemble Applicable Standards
1. Acquire all applicable Statewide and District TxDOT standards. Modify standards as
needed. Fill in the title block with project number, CSJ and page number, etc. Plot sheets and
incorporate into the plans.
Rev. 11/1/03
26
TASK EIGHT (BID DOCUMENT ASSEMBLY)
A. Assemble all required CITY OF ROUND ROCK bidding paperwork.
B. Develop bid tabulations.
C. Develop an evaluation of all project bids.
D. Recommend award or rejection of project bids.
TASK NINE (PROJECT MANAGEMENT)
A. Utility Coordination
1. Notify utility owners of the proposed project and identify and resolve utility conflicts
B. Texas Department of Transportation (TxDOT) Coordination
a. Apply for required permits from TxDOT
C. Project Administration
1. Preparation of project correspondence, progress reports, coordination with sub -consultants,
routine project record keeping and monthly invoices
D. Periodic Progress Reports
Attend periodic progress meetings as required to conduct the development of the project
TASK TEN (CONSTRUCTION PHASE SERVICES)
A. Construction Phase Services are not included in this scope of services. Construction Phase Serves
that are required will need to be made under a supplemental agreement.
PLAN PREPARATION PROCEDURES
1. Title Sheet
The Engineer shall be responsible for producing the title sheet as per the CITY OF
ROUND ROCK.
2. Sequence of Construction/Traffic Control Plan
Particular attention shall be given to location of construction signs and barricades, lane
widths, protection of drop-offs, etc. As a reference, the Texas Department of
Transportation's Manual on Uniform Traffic Control Devices will be used. The usual
scale is 1 inch = 100 feet and/or 1 inch = 50 feet for special locations. A narrative of
each sequence shall be included on the plan sheets. Staging of structural elements shall
be considered. Provisions for drainage shall be considered, included and indicated during
all stages of construction operations.
3. Summary Sheets
Summary Sheets are required to indicate type, quantity and/or location of work for all
applicable pay items.
4. Plan Profile Sheets
The usual scale is 1 inch = 50 feet. The plan view shall include but not be limited to:
Roadway Alignment; Pavement Markings; Edge of Pavement and ROW Break Points.
The profile view shall include but not be limited to: Design Profile Grade at the
centerline (Gradient & Vertical Curve Data); Existing Profile Grade Line at the centerline
Rev. H/1/03
27
and at each; ROW line; Existing and Proposed Elevations; and Location and description
of cross road culverts.
5. Culvert Computation Sheets
These sheets shall contain a summary of hydrologic and hydraulic calculations.
6. Culvert Cross -Sections and Details
CITY OF ROUND ROCK standard reproducible sheets or CADD files can be furnished
to the Engineer for modification in the case of special designs.
7. Miscellaneous Details
Curb, Sidewalk, Driveways, etc. CITY standard reproducible sheets or CADD files can
be furnished to the Engineer. Non-standard details shall be produced by the Engineer.
8. All Sheets
Information shown on the drawings shall be prepared for reading all drawings from the
standard viewpoint. All plan sheets are to be uniform in type, quality, and size. The
sheets are to be 11 X 17 inches. Printed border to 10 1/2 X 16 inches positioned 1/4 inch
from the right and 1/2 inch from top and bottom. Sheet sizes are to be accurate to within
plus or minus 1/8 inch. All plan sheets shall be in ink, or equivalent with lettering size,
quality and density that will be legible when reproduced.
SUPPORTING DOCUMENTS
Construction Cost Estimate
Construction Schedule
Unit Price Documentation
Standard Specifications List
Special Specifications
Special Provisions
Rev. 11/1/03
28
EXHIBIT C
Work Schedule
SEE ATTACHMENT
Rev. 11/1/03
29
EXHIBIT D
Fee Schedule
SEE ATTACHMENT
Rev. 11/1/03
30
Project Name: CR 122 (Red Bud Lane)
.............................. _ ........................
Consultant: HDR Engineering, Inc.
PS&E Preparation
from US 79 to Forest Bluff Dr.
Project
Principal
PM / Senioi
Engineer
Hours for the Classifications
Design Engineer Sr. Design CADD
Engineer in TrainingTechnician Technician
Steno /
Clerical
Total
Task 1 (Roadway Design)
Geometric Design
0
8
32
60
80
8
0
188
Grading Design
0
8
24
60
60
8
0
160
Coordinate with TxDOT
4
12
0
0
0
0
0
16
Temporary & Permenent Signal Design & Layout
0
24
8
20
90
24
0
166
Task 2 (Roadway Drainage)
Drainage area map
0
2
6
8
0
4
0
20
Hydrology
0
2
8 1
12
0
0
0
22
Hydraulics - Open Channel
0
0
4
12
0
4
0
20
Hydraulics - Pipes
0
2
6
8
0
0
0
16
Hydraulics - Intakes
0
0
6
8
0
0
0
14
Hydraulics - ECP
0
2
4
8
0
0
0
14
Report
0
2
4
8
0
4
4
22
Task 3 (Traffic Control)
Traffic Control
0
8
40
24
40
20
4
136
Task 4 (Erosion Control and Pollution Prevention Plan)
Polution Prevention Plan
0
4
2
10
30
0
2
48
Erosion Control Plan
0
4
2
10
20
0
4
40
Task 5 (Environmental)
Environmental
0
2
32
20
8
0
8
70
Task 6 (Railroad Crossing Design)
Prepare Railroad Crossing Layout
2
8
0
0
8
0
0
18
Prepare Signal Layout
2
4
0
0
4
0
0
10
Railroad Crossing Design and Detail
2
6
0
0
4
0
0
12
Task 7 (Bridge Design)
Prepare Layout, Prepare RDS, and Geometry
0
0
4
0
12
24
0
40
Estimated Quantities and Brg Seat Elev. Sht
0
0
0
8
0
20
0
28
Abutment Nos. 1 Design & Details
0
0
0
12
8
16
0
36
Abutment Nos. 5 Details
0
0
1
4
6
20
0
31
Interior Bent Nos. 2 - 4 Bent Design & Details
0
0
4
12
0
16
0 1
32
Column Design
0
0
0
16
8
0
0
24
Superstructure Unit No. 1 Design and Details
0
0
4
0
4
28
0
36
Quality Control/Assurance
0
12
0
0
0
0
0
12
Retaining Wall Wings @ Abutment
0
0
2
16
8
20
0
46
Task 8 (Bid Document Assembly)
Bid Documents
0
8
8
24
0
0
4
44
Task 9 (Project Management)
Project Management
8
52
12
0
0
0
30
102
Meetings
0
12
12
0
0
0
0
24
Subconsultant Management
0
10
10
0
0
0
0
20
Task 10 (Construction Phase Services)
Construction Phase Services
0
0
0
0
0
0
0
0
Total Hours and Sheets
18
192
235
360
390
216
56
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Fee Summary
Project Name: CR 122 (Red Bud Lane)
•----------------------------------------------------------------------------------------------
Consultant: HDR Engineering, Inc.
.----------------------------------------------------------------------------------------------
Cost Component, Hours Total
Hours
Project Principal
Project Manager/Senior Engineer.
Design Engineer
Engineer -in -Training
Sr. Design Technician
CADD Technician
Clerical/Steno
Total Hours
Cost Component, Dollars
Project Principal
Project Manager/Senior Engineer
Design Engineer
Engineer -in -Training
Sr. Design Technician
CADD Technician
Clerical/Steno
Labor Dollars
18
192
235
360
390
216
56
1223
Rate
$237
$4,272
$151
$28,995
$117
$27,522
$86
$31,067
$99
$38,463
$77
$16,643
$55
$3,107
$150,069
TOTAL EXPENSES W/ 10% markup $16,448
TOTAL LUMP SUM FEE
$249,363
Design Survey
$35,086
R.O.W. Acquisition Document Prep. & Survey
$22,760
GEOTECH
$25,000
Direct Labor
$48,692
Indirect Costs
$85,298
Direct Costs
$16,448
Profit @12%
$63,839
Total HDR Fee
$249,363
EXHIBIT E
Certificates of Insurance
SEE ATTACHMENT
Rev. 11/1/03
31
CERTIFICATE OF LIABILITY INSURANCE Date: 11/10/03
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Companies
444 W. 47th Street, Ste 900 A Zurich American Ins Co — O.P., KS
Kansas City, MO 64.112-1906 B American Guarantee & Liab (Zurich)
INSURED C Sentry Ins. Co.
HDR Engineering, Inc. D Continental Cas (V.O. Schinnerer)
8404 Indian Hills Dr, Omaha, NE 68114-4049 E Ohio Casualty Group (Prof Risk)
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY GL03504583 6/l/03 6/1/04
GENERAL AGGREGATE
$ 1,000,000
PRODUCTS-COMP/OP AGG.
$ 1,000,000
PERSONAL & ADV. INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$ 1,000,000
MED. EXPENSE (Any one person)
$ 5,000
B AUTOMOBILE LIABILITY BAi'3504584
COMBINED SINGLE LIMIT
$ 11000,000
BAP3504585 6/1/03 6/1/04
BODILY INJURY (Per person)
$
TAP3504586
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
$
E EXCESS LIABILITY (Excludes Professional Liab)
EACH OCCURRENCE
$ 1,000,000
BX052852174 6/1/03 6/1/04
AGGREGATE
$ 1,000,000
C WORKERS' COMPENSATION
STATUTORY LIMITS
$
AND EMPLOYERS' LIABILITY
EACH ACCIDENT
$ 1,000,000
90-14910-01 6/1/03 6/1/04
DISEASE -POLICY LIMIT
$ 1,000,000
DISEASE - EACH EMPLOYEE
$ 1,000,000
1) PROFESSIONAL LIABILITY PLN113978408 6/1/03 6/1/04
Per Claim: $1,000,000
Aggregate: $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/BXCEPTIONS
RE: Various Transportation Projects; CR 122, IH 35, Arterial A, N.S. Arterial
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers' Liability' and
`Professional
Liability'. Should any of the above described policies be cancelled or
changed before the expiration date
thereof, the issuing
company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIG A OF AUTTIORIZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664
Typed Name: Grover Simpson
Title: President
Pagel
00650 — 7/2003 Certificate of Liability Insurance
m
I
m
DATE: January 16, 2004
SUBJECT: City Council Meeting - January 22, 2004
ITEM: 14.E.3. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with HDR Engineering, Inc. for
the final design of Phase III for the County Road 122 Project
(Red Bud Lane) (County Road 123 to US 79).
Resource: Tom Word, Chief of P.W. Operations
T.G. Martin, Director of Transportation Services
History: The City is developing a project to rebuild and widen Red Bud Lane
from CR 123 to Forest Creek Boulevard. This project will also
complete the gap on Red Bud Lane from CR 123 to US 79. Approval
of this contract will provide for plan preparation and contract
documents.
Funding:
Cost: $249,363.00
Source of funds: Capital Project Funds (1997 CO)
Outside Resources: HDR Engineering, Inc.
Impact/Benefit: This project will provide for increased capacity and safety for this
segment of Red Bud Lane.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
J!ROUND ROCK. TEXAS
UM. AMON F%Ospmffy
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
WITH HDR ENGINEERING, INC.,
FOR RED BUD LANE FROM US 79 TO CR 123
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the v1 -2v day of January, 2004, by and between the CITY OF ROUND ROCK, a Texas home -rule
municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-
5299, (hereinafter referred to as "City"), and HDR ENGINEERING, INC., whose principal place of
business is located at 2211 South IH -35 Suite 300, Austin, Texas 78741, (hereinafter called "Engineer"),
and such 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:
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.
Engineering Services Agreement 00058313
Filename:HDR.Red Bud Ln.1.8.04.doc
Rev. 11/1/03
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 performed 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.
(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.
Rev. 11/1/03
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 Forty -Nine Thousand Three Hundred Sixty-three and No/100
Dollars ($249,363.00) 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.
Rev. 11/1/03
4
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
City shall issue a written authorization to proceed with Engineering Services. City shall not be
responsible for actions by Engineer or any costs incurred by Engineer relating to additional Engineering
Services not included in Exhibit B.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Bill Stablein
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-5562_
Fax Number (512) 218-3242_
Email Address bstablein@round-rock.tx.us_
Rev. 11/1/03
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 Borenstien
2211 S IH -35 Suite 300
Austin, Texas 78741
Fax Number 918-5186
Telephone Number 918-5158
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
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
Rev. 11/1/03
6
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.
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 City Council Resolution. Engineer shall not proceed until the appropriate
Rev. 11/1/03
7
Resolution has been adopted. 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 Council 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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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
Rev. 11/1/03
8
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
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
Rev. 11/1/03
F
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.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
10
Rev. 11/1/03
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
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11
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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
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.
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.
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12
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
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
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13
Engineer:
Mark Borenstien
HDR Engineering Inc.
2211 South I11-35 Suite 300
Austin, Texas 78741
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.
(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
Rev. H/1/03
14
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 Mayor, duly authorized to execute the same on its behalf by Resolution No.
1Q -04 -or -aa -/4163 , approved by the City Council on the OU day of the month of January,
2004, and Engineer, HDR Engineering, Inc., 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 ROU K, TE S:
By: i
NyrAKxwell, Mayor
ATTE
B JA&�'�Wn"
Y•
City Secretary
HDR ENGINEERING, INC.
By:
Signature of Principal
Printed Name: .la..,cs
Rev. 11/1/03
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
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EXHIBIT A
City Services
The City will provide for the Engineer under this agreement the following items/information:
• Schedule, coordinate and conduct meeting of affected property owners.
• Provide assistance with coordination with TxDOT.
• Provide a list of utility providers with contact names and phone numbers for the project area.
• Provide drawings of any CITY utilities within the project limits.
• Provide electronic drawings of the proposed developments within the project limits.
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17
F
EXHIBIT B
Engineering Services
The work to be performed by the Engineer under this contract shall consist of providing engineering
services for drainage, railway, roadway and bridge design and preparation of 1 (one) set of Plans,
Specifications, and Estimates (PS&E) for the construction of CR 122 (Red Bud Lane). The PS&E will
provide details for the construction based on the approved schematic.
Limits of the construction will include appropriate transitions and geometry (vertical and horizontal)
where required to connect the existing pavement sections to the proposed construction. The roadway
will be designed as an urban section with provisions for a sidewalk section along the east side.
The ENGINEER will employ a computer graphics system that will provide Microstation format graphic
files compatible with the current version of Microstation software used by the CITY OF ROUND
ROCK.
All coordinate geometry will be based on and tied into the CITY OF ROUND ROCK's coordinate
system.
The ENGINEER shall collect, review, and evaluate all of the available existing data pertaining to the
above project and prepare the PS&E in accordance with the requirements and policies of the CITY OF
ROUND ROCK.
The ENGINEER shall coordinate as required with the Texas Department of Transportation in regards to
the intersection with US 79 and will apply for all applicable permits required from the Texas
Department of Transportation (TxDOT). It is assumed that the permitting process will be standard and
straightforward. If there are, additional requirements imposed by TxDOT undiscovered through the
coordination process, services to comply with TxDOT criteria would require an additional scope and
budget under a supplemental agreement.
The ENGINEER shall furnish a notice of construction to the utility companies with a project layout in
order for the utility companies to identify and annotate their utilities on the above layout. The
Engineer shall design the roadway features to avoid conflicts or minimize major relocation of utilities.
The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY OF ROUND
ROCK as shown on the project schedule. The Engineer will conduct a utility meeting of all utility
owners within the project limits prior to the 50% submittal or, as approved by the CITY OF ROUND
ROCK's project manager.
The ENGINEER will conduct evaluations of waters of the U.S., including wetlands, in all areas
potentially affected by the proposed project, and a "jurisdictional waters finding" will be provided if
necessary. As part of the environmental phase of the project, the ENGINEER will prepare a Section 404
or Section 9 permit for the U.S. Army Corps of Engineers and/or the U.S. Coast Guard. Any Section
404 permitting that requires direct coordination with the U.S. Army Corps of Engineers will require an
additional scope and budget under a supplemental agreement. Services for the development of a
Mitigation Plan are not covered under this scope of services and would require an additional scope and
budget under a supplemental agreement
HM
Rev. 11/1/03
The ENGINEER will prepare a detailed contract time estimate work sheet to determine the approximate
time (working days), based on the CITY OF ROUND ROCK standard definition of a working day. All
coordinate geometry will be based on and tied into the CITY OF ROUND ROCK's preferred coordinate
system.
The CITY OF ROUND ROCK will be the principal contact for public/private inquiries regarding the
project.
Contract Constraints and Conditions
The project will be developed in English units
The ENGINEER will be required to meet with the designated CITY OF ROUND ROCK representatives
four times to report on progress.
PS&E shall be prepared in accordance with the applicable requirements of CITY OF ROUND ROCK
Specifications, Standards, and manuals (updated for revisions). Whenever possible, the CITY's
standard drawings, standard specifications, or previously approved special provisions and/or special
specifications will be used. If a special provision and/or special specification must be developed for this
project, it shall be in a format acceptable to the CITY and, to the extent possible, incorporate references
to approved test procedures. All design exceptions to CITY OF ROUND ROCK standards shall be
requested in writing, by the ENGINEER, for CITY OF ROUND ROCK approval.
The existing ROW plan will be investigated and a determination for the need of addition ROW will be
made. If it is determined that additional ROW is required, this work will be handled under a
supplemental agreement.
The engineering work on this project will be performed and may be inspected by the CITY OF ROUND
ROCK in the offices of the ENGINEER, except for the fieldwork, which shall be performed on-site.
The ENGINEER will review the schedule and prepare monthly progress reports for review by the CITY
OF ROUND ROCK. Invoices for all work completed during the period will be submitted monthly for
the Engineer and all sub -consultants. Monthly progress reports will include:
• Actual activities performed during the reporting period
• Anticipated activities planned for the next period
Deliverables
• Monthly Progress Reports (one [ 1 ] printed copy with invoice).
• Monthly invoices including tabulation of percentage complete by task.
Deliverables Required of the ENGINEER
The ENGINEER will be required to provide the following deliverable items:
Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY
OF ROUND ROCK
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2. A hard copy of estimate, general notes, and specifications; and a diskette of the project estimate.
All project cost estimates will be generated in CITY OF ROUND ROCK cost format (provided
by the CITY).
Copies of plan sheets as required for review of project details.
4. All Microstation graphics files on compatible archive media used in developing the PS&E and
all Geopak .gpk files for vertical alignment and design cross sections. HDR will provide a CD
containing the Final submittals.
a.The CADD files which comprise the geometry model.b.All GEOPAK project files. (1) Include
a brief description of each file. (2) Include an explanation of chain and profiles with the names
and locations.
Also need legend showing line weight, style, color, and levels and the color tables that
were used during design.
Note: The GEOPAK project files shall include but are not limited to:
1. GEOPAK .gpk and .prj files
2. Design cross-section file (showing existing and design cross-sections)
3. Earthwork output file
4. List of chains.
5. Original and final cross section output in ASCII format, or plotted on plan sheets, or work roll
for construction contractor's information.
6. Provide hydraulic report including a drainage area map, hydrologic and hydraulic calculations
for all bridges, culverts and/or street drainage systems.
7. Provide the CITY OF ROUND ROCK with an electronic version of project General Notes. All
general notes, standard specifications, special specifications and special provisions will be
created using MS Word (CITY OF ROUND ROCK templates).
8. CITY OF ROUND ROCK review submittals will be as outlined in the roadway and bridge
design tasks.
After CITY OF ROUND ROCK's review of the 100% submittal is complete and the Engineer is notified
of findings, the Engineer will be required to correct and/or clarify matters noted during the review
process and submit corrected PS&E back to CITY OF ROUND ROCK. The corrected PS&E shall be
provided on 11 " X 17" paper copies. The corrected PS&E shall also be provided in a digital format once
final revisions have been made for use by the CITY OF ROUND ROCK only.
Document Media Size
No. Of Copies
Review Submittal Final Submittal
-Hydraulic Report 8.5" X 11"
As Required As Required
PS&E l l"X17"
As Required As Required
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Engineering services shall also include the tasks more specifically described in the TASK OUTLINE.
*Deliverable
Dates
Design Survey
March 1, 2003
30% Submittal of PS&E
March 17, 2003
50% Submittal of PS&E
April 20, 2003
90% Submittal of PS&E
June 10, 2003
95% Submittal of PS&E
July 16, 2003
100% Submittal of PS&E
August 19, 2003
*Schedule includes 15 calendar days for review of submittals.
PS&E DEVELOPMENT
Design Survey
1. Place the location of existing utilities on the survey. Provide a list of utility owners. Coordinate
with utilities located from previous survey.
2. Locate existing underground utilities horizontally within the limits of the survey. Vertically locate
utility lines that are readily accessible at manholes, valve covers, etc. Survey requiring excavation to
expose utility lines is not part of this scope of services and would require a supplemental agreement.
3. Obtain right of entry to properties.
4. All coordinate geometry will be based on and tied into the State's, USGS, and FEMA coordinate
system.
5. Field surveys shall be required for the establishment of a horizontal base line and benchmark circuit
for the project, horizontal and vertical ties of critical existing facilities and features, including all
features influencing existing streets and driveways, and of the existing right-of-way lines. The
Surveyor will stake in the field P.I.'s, P.O.T.'s, P.C.'s and P.T.'s for the approved centerline
alignment.
6. Establish benchmarks in locations that will not be disturbed by construction and tie benchmark
elevation to known USGS and FEMA reference mark.
7. Provide location of permanent project benchmarks and traverse points (description, coordinates and
elevations). Topographic mapping and profile the entire survey area. Provide topographic map plot
at a scale of I"=100', depicting all surface features, legible text (leadered in if necessary) and 1 -foot
contour lines indexed at even 5 -foot intervals. Show existing Right -Of -Way on US 79, CR 122,
intersecting side streets identified above, and UPRR. Forward hard copy plots and digital files
(digital files shall be in MicroStation SE — 3D format on CD-ROM or DOS 1.44 MB, 3.5 -inch
diskettes). Provide a separate MicroStation SE file that contains 3D breaklines, existing ground
triangulation network and contours with elevations. Provide digital ASCII file (on CD-ROM or
DOS 1.44 MB, 3.5 -inch diskettes) and hard paper copy of all survey points in (point number,
Northern, Eastern, elevation, description) format.
8. Cross-section 200' wide strip within defined survey limits. Cross-section US 79 roadway 500' in
each direction from Centerline of CR 122 to ensure development of a detailed DTM to determine
actual field conditions (US 79 cross-sections should include the UP Railroad line).
9. Obtain stationing on all side road and/or driveway pipes and offset distances from centerline of
highway. Also, the type of surface, width of roadway or driveway, and skew to centerline shall be
noted. Measure size, length and type of pipe. Obtain flow line elevations of existing culverts and
ditches and center of driveway or roadway elevations.
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10. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage.
Measure all guardrail and permanent erosion control measures. Collect the required miscellaneous
information including; measurements of riprap, retaining walls, drainage culverts and structures and
note types, sizes, and shapes, measure pier size and skew angle.
11. No Aerial Services are included under this scope of services.
12. Perform railroad location survey 1000' in each direction from the Centerline of CR 122, which
includes the following:
12.1. Locate and station the centerline of track. Locate curves at 25 -foot intervals (or closer if
there are obvious, abrupt line changes within the 25 -foot segment). Locate tangent track at 50 -
foot maximum intervals. Provide coordinates for each located centerline point.
12.2. Locate and station the following centerline control points: TS, SC, PCC, CS and ST.
Provide coordinates of each located centerline point.
12.3. Locate and station the following turnout and crossover control points: PS (point of switch
at centerline of track), PF (1/2 -inch point of frog) and last long switch tie. Provide coordinates
of each located point.
12.4. Provide top of rail elevations at each location where centerline is shot.
12.5. Locate miscellaneous aboveground railroad equipment such as signals, bungalows,
switch stands and cross bucks, which are located within the survey project limits.
12.6. Connect surveying stations to known mainline stations via known milepost such as
roadway crossing and indicate increasing milepost. Stationing shall also be referenced to a
permanent feature such as an existing bridge abutment.
12.7. Surveying coordinates shall be established by GPS (Global Positioning System) method
or Traverse from existing NGS (National Geodetic Survey) control.
12.8. Rail location survey should not be included with the design survey, but should be
included in a separate 3-D Microstation .dgn file. All points should be labeled appropriately.
12.9. Surveyor shall coordinate with and obtain all necessary permits and rights of entry from
the railroad authority for the survey work. Surveyor shall strictly adhere to all railroad rules and
safety instructions.
Geotechnical Investigations:
Conduct foundation studies including soil core drilling for the bridge structure to include the following:
1. Stake borings in the field utilizing tape and right angle measurements and perform utility clearance
and provide traffic control.
2. In accordance with TxDOT Geotechnical guidelines, drill 2 borings at the bridge abutments.
3. Develop a geotechnical report recommending types of retaining walls and geotechnical parameters
for wall designs and bridge foundation design and recommendations.
4. Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible Pavement"
and the current AASHTO Guide for the Design of Pavement Structures, will be the governing
references for this design. (Development of this section shall be in consultation with the District
Pavement Engineer.)
4.1. Drill 6 borings for use in pavement design.
4.2. Flexible pavement designs will be analyzed utilizing the FPS program, while rigid pavement
designs will be analyzed utilizing the Darwin 3.01 program. All pavement design will be based
on subgrade information developed by the Engineer and traffic loading conditions provided by
the CITY.
4.3. A pavement design report to TxDOT standards will be produced for the design.
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30% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Preliminary North and South Transition Layout
50% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Title Sheet (including standards)
2. Project Layout
3. Existing and Proposed Typical Sections
4. Preliminary Summary Sheets
5. Preliminary Traffic Control Plan
6. Alignment Data Sheets
7. Plan and Profile Sheets for all Alignments
8. Preliminary Intersection Layouts
9. Miscellaneous Roadway Details
10. Drainage Area Maps
11. Hydraulic Computations
12. Culvert Layouts (if necessary)
13. Storm Sewer Layouts (if necessary)
14. Utility Exhibits
15. Preliminary Signing Striping and Delineation Layouts
16. Preliminary North and South Transitions to Existing Pavement Details
17. Preliminary Erosion Control Layouts
18. Preliminary Pollution Prevention Plans
19. Design Cross -Sections
20. Preliminary Railway Crossing Layout
21. Preliminary Railway Crossing Details
22. Preliminary Bridge Layouts
23. Preliminary Construction Costs and Schedule
24. All standard sheets requiring review and/or modification.
25. Proposed special provisions or special specifications requiring approval.
90% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 50% Comments
2. Update Title Sheet
3. Project Layout
4. Final Existing and Proposed Typical Sections
5. Final Summary Sheets
6. Final Traffic Control Plan
7. Final Alignment Sheets
8. Final Plan and Profile Sheets
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9. Final Intersection Layouts
10. Final Miscellaneous Roadway Details
11. Drainage Area Map
12. Hydraulic Computations
13. Final Culvert Layouts
14. Final Storm Sewer Layouts (If necessary)
15. Final Utility Exhibits
16. Final Signing, Striping and Delineation Layouts
17. Final North and South Transitions to Existing Pavement Details
18. Final Erosion Control Layouts
19. Final Pollution Prevention Plans
20. Final Design Cross -Sections
21. Final Railway Crossing Layout
22. Final Railway Crossing Details
23. Final Railway Signal Layout
24. Final Signal Layout for the Intersection of US 79 and CR 122
25. Final Bridge Details
26. Update Construction Cost and Schedule
27. General Notes, Specifications, Special Provisions, Contract Time Determination, Other
Supporting Paperwork.
95% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 90% Comments
100% Complete Submittal:
Provide the CITY with paper copies of the following items. One copy reflecting the CITY'S comments
will be returned to the Engineer.
1. Update 95% Comments
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TASK OUTLINE
TASK ONE (ROADWAY DESIGN)
A. Geometric Design
1. Produce roadway plan & profile sheets and supporting details for CR 122 Construction.
2. All geometric design shall be in conformance with the design guides and manuals.
3. Coordinate and conduct utility meeting with the utility companies
B.Grading Design
1.The Engineer will establish a digital terrain and roadway geometry model using GEOPAK.
2.Design vertical profile to accommodate drainage, design speeds, intersections, driveways or any
other clearance considerations.
3.Determine earthwork and paving quantity calculations with the GEOPAK roadway geometry
model.
C. Signing, Striping and Delineation
1. Produce pavement marking, delineator, object marker, and signing layout plan sheets.
2. Produce a summary of all pavement markings, object markers, signs and delineators.
D. Signal Design and Layout
1. Provide Traffic Signal Plan Sheet for US 79 and CR 122
2. Provide Traffic Signal Details and Traffic Signal Standards for US 79 and CR 122
E. R.O.W. Acquisition
1. Investigated and Determine additional R.O.W. needs
2. Prepare parcel descriptions and layouts for the proposed ROW takings.
TASK TWO (ROADWAY DRAINAGE)
A. Hydrologic Studies, Discharges
1. Produce drainage area plan sheets showing drainage area and structure locations.
2. Determine discharge at structures.
3. Produce plan sheets including all hydrologic computations.
B. Hydraulic Studies, Structure Sizing
1. Perform and document hydraulic computations for the sizing of-
a.
£a. Drainage Culverts as necessary.
b. Channels and Outfalls within the Right of Way or Easements
2. Produce plan sheets including all hydraulic computations.
C. Produce Drainage Details for all culverts and ditch grades.
D. Produce summary of drainage structure quantities.
TASK THREE (TRAFFIC CONTROL)
A. Prepare Traffic Control Plan sheets and Sequence of Construction.
B. Prepare Temporary Traffic Signal Layout and Details for US 79 and CR 122
TASK FOUR (EROSION CONTROL AND POLLUTION PREVENTION PLAN)
A. Prepare Erosion Control Plan sheets.
B. Prepare Pollution Prevention Plan sheets.
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TASK FIVE (ENVIRONMENTAL)
A. Conduct water evaluations of waters of the U.S., including wetlands, in all areas potentially affected
B. Provide "jurisdictional waters finding" if required
C. Prepare Section 404 or Section 9 Permit for the U.S. Army Corps of Engineers.
TASK SIX (RAILWAY CROSSING DESIGN
A. Prepare Railroad Crossing Layout Plan.
B. Prepare Signalization Layout sheets.
a. UPRR will provide signal design for UPRR warning and safety devices.
C. Design at grade railroad crossing and prepare details sheets.
TASK SEVEN (BRIDGE DESIGN)
A. Finalize Bridge Layout
B. Superstructure Design and Preparation of Details
1. The final design scope is based on a prestressed concrete beam bridge with a cast -in-
place deck. Four spans are anticipated. The use of TxDOT standards is assumed. Detailed
analysis and design of the deck and girder will not be performed.
C. Abutment Design and Preparation of Details
1. The final design scope of the abutments will be based on cast -in-place concrete abutment
bent caps supported on drilled shafts. One abutment will be analyzed and designed to cover the
construction of both abutments. One abutment detail will be developed to cover the construction
of both abutments. The Details will be prepared based on the results of the single design.
D. Interior Bent Structure Design and Preparation of Details
1. The final design scope of the interior bents will be based on rectangular cast -in-place
concrete bent caps and multiple round, concrete columns supported on drilled shafts. One
interior bent will be analyzed and design to cover the construction of all interior bents. One
interior bent detail will be developed to cover the construction of all interior bents. The details
will be prepared based on the results of the single design.
E. Drilled Shaft Design and Preparation of Details
1. Based on the abutment and interior bent analyses and based on the soil/rock core data
taken at the bridge site, the drilled shaft foundation will be sized and detailed.
F. Bridge Quantities, Cost Estimate and Bearing Seat Elevations
1. Produce the construction cost estimate and Estimated Quantity and Bearing Seat
Elevation sheet.
G. Miscellaneous Bridge Details
1. Prepare necessary bridge details to clarify construction details.
H. Assemble Applicable Standards
1. Acquire all applicable Statewide and District TxDOT standards. Modify standards as
needed. Fill in the title block with project number, CSJ and page number, etc. Plot sheets and
incorporate into the plans.
Rev. 11/1/03
26
TASK EIGHT (BID DOCUMENT ASSEMBLY)
A. Assemble all required CITY OF ROUND ROCK bidding paperwork.
B. Develop bid tabulations.
C. Develop an evaluation of all project bids.
D. Recommend award or rejection of project bids.
TASK NINE (PROJECT MANAGEMENT)
A. Utility Coordination
1. Notify utility owners of the proposed project and identify and resolve utility conflicts
B. Texas Department of Transportation (TxDOT) Coordination
a. Apply for required permits from TxDOT
C. Project Administration
1. Preparation of project correspondence, progress reports, coordination with sub -consultants,
routine project record keeping and monthly invoices
D. Periodic Progress Reports
Attend periodic progress meetings as required to conduct the development of the project
TASK TEN (CONSTRUCTION PHASE SERVICES)
A. Construction Phase Services are not included in this scope of services. Construction Phase Serves
that are required will need to be made under a supplemental agreement.
PLAN PREPARATION PROCEDURES
1. Title Sheet
The Engineer shall be responsible for producing the title sheet as per the CITY OF
ROUND ROCK.
2. Sequence of Construction/Traffic Control Plan
Particular attention shall be given to location of construction signs and barricades, lane
widths, protection of drop-offs, etc. As a reference, the Texas Department of
Transportation's Manual on Uniform Traffic Control Devices will be used. The usual
scale is 1 inch = 100 feet and/or 1 inch = 50 feet for special locations. A narrative of
each sequence shall be included on the plan sheets. Staging of structural elements shall
be considered. Provisions for drainage shall be considered, included and indicated during
all stages of construction operations.
3. Summary Sheets
Summary Sheets are required to indicate type, quantity and/or location of work for all
applicable pay items.
4. Plan Profile Sheets
The usual scale is 1 inch = 50 feet. The plan view shall include but not be limited to:
Roadway Alignment; Pavement Markings; Edge of Pavement and ROW Break Points.
The profile view shall include but not be limited to: Design Profile Grade at the
centerline (Gradient & Vertical Curve Data); Existing Profile Grade Line at the centerline
Rev. 11/1/03
27
and at each; ROW line; Existing and Proposed Elevations; and Location and description
of cross road culverts.
5. Culvert Computation Sheets
These sheets shall contain a summary of hydrologic and hydraulic calculations.
6. Culvert Cross -Sections and Details
CITY OF ROUND ROCK standard reproducible sheets or CADD files can be furnished
to the Engineer for modification in the case of special designs.
7. Miscellaneous Details
Curb, Sidewalk, Driveways, etc. CITY standard reproducible sheets or CADD files can
be furnished to the Engineer. Non-standard details shall be produced by the Engineer.
8. All Sheets
Information shown on the drawings shall be prepared for reading all drawings from the
standard viewpoint. All plan sheets are to be uniform in type, quality, and size. The
sheets are to be 11 X 17 inches. Printed border to 10 1/2 X 16 inches positioned 1/4 inch
from the right and 1/2 inch from top and bottom. Sheet sizes are to be accurate to within
plus or minus 1/8 inch. All plan sheets shall be in ink, or equivalent with lettering size,
quality and density that will be legible when reproduced.
SUPPORTING DOCUMENTS
Construction Cost Estimate
Construction Schedule
Unit Price Documentation
Standard Specifications List
Special Specifications
Special Provisions
Rev. 11/1/03
28
EXHIBIT C
Work Schedule
SEE ATTACHMENT
Rev. 11/1/03
29
EXHIBIT D
Fee Schedule
SEE ATTACHMENT
Rev. 11/1/03
30
Project Name. CR 122 (Red Bud Lane)
........................................................
Consultant: HDR Engineering, Inc.
PS&E Preparation
from US 79 to Forest Bluff Dr.
Project
Principal
PM /Senior
En ineer
Hours for the Classifications
Design Engineer Sr. Design CADD
Engineer in TrainingTechnician Technician
Steno !
Clerical
Total
Task 1 (Roadway Design)
Geometric Design
0
8
32
60
80
8
0
188
Grading Design
0
8
24
60
60
8
0
160
Coordinate with TxDO 1
4
12
0
0
0
0
0
16
Temporary & Permenent Signal Design & t..ayout
0
24
8
20
90
24
0
166
Task 2 (Roadway Drainage)
Drainage area map
0
2
6
8
0
4
0
20
Hydrology
0
2
8
12 1
0
0
0
22
1 lydraulics - Open Channel
0
0
4
12
0
4
0
20
Hydraulics - Pipes
0
2
6
8
0
0
0
16
Hydraulics - Intakes
0
0
6
8
0
0
0
14
Hydraulics - ECP
0
2
4
8
0
0
0
14
Report
0
2
4
8
0
4
4
22
rask 3 ( f raffic Control)
Traffic Control
0
8
40
24
40
20
4
136
Task 4 (Erosion Control and Pollution Prevention Plan)
POIUtion Prevention Plan
0
4
2
10
30
0
2
48
Erosion Control Plan
0
4
2
10
20
0
4
40
Task 5 (Environmental)
Environmental
0
2
3220
8
0
8
70
Task 6 (Railroad Crossing Design)
Prepare Railroad Crossing Layout
2
8
0
0
8
0
0
18
Prepare Signal Layout
2
4
0
0
4
0
0
10
Railroad Crossing Design and Detail
2
6
0
0
4
0
0
12
Task 7 (Bridge Design)
Prepare Layout, Prepare RDS, and Geometry
0
0
4
0
12
24
0
40
Fstimated Quantities and Brg Seat Elev. Sht
0
0
0
8
0
20
0
28
AbUtrnenl Nos. 1 Design & Details
0
0
0
12
8
16
0
36
Abutment Nos. 5 Details
0
0
1
4
6
20
0
31
Interior Bent Nos. 2 - 4 Bent Design & Details
0
0
4 1
12
0
16
0
32
Column Design
0
0
0
16
8
0
0
24
Superstructure Unit No. 1 Design and Details
0
0
4
0
4
28
0
36
Quality Control/Assurance
0
12
0
0
0
0
0
12
Retaining Mall Wings @ Abutment
0
0
2
16
8
20
0
46
Task 8 (Bid Document Assembly)
Bid Documents
0
8
8
24
0
0
4
44
Task 0 (Project Management)
Project Management
8
52
12
0
0
0
30
102
Meetings
0
12
12
0
0
0
0
24
Subconsultant Management
0
10
10
0
0
0
0
20
Task 10 (Construction Phase Services)
Uonstruction Phase Services
0
0
0
0
0
0
0
0
Total Hours and Sheets
18
192
235
360
390
216
56
1467
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Fee Summary
h Project Name: CR 122 (Red Bud Lane)
-----------------------------------------------------------------------------------------------
Consultant: HDR Engineering, Inc.
-----------------------------------------------------------------------------------------------
Cost Component, Hours Total
Hours
Project Principal
Project Manager/Senior Engineer.
Design Engineer
Engineer -in -Training
Sr. Design Technician
CADD Technician
Clerical/Steno
Total Hours
Cost Component, Dollars
Project Principal
Project Manager/Senior Engineer.
Design Engineer
Engineer -in -Training
Sr. Design Technician
CADD Technician
Clerical/Steno
Labor Dollars
18
192
235
360
390
216
56
1223
Rate
$237
$4,272
$151
$28,995
$117
$27,522
$86
$31,067
$99
$38,463
$77
$16,643
$55
$3,107
$150,069
TOTAL EXPENSES W/ 10% markup $16,448
TOTAL LUMP SUM FEE
$249,363
Design Survey
$35,086
R.O.W. Acquisition Document Prep. & Survey
$22,760
GEOTECH
$25,000
Direct Labor
$48,692
Indirect Costs
$85,298
Direct Costs
$16,448
Profit @12%
$63,839
Total HDR Fee
$249,363
EXHIBIT E
Certificates of Insurance
SEE ATTACHMENT
Rev. 11/1/03
31
CERTIFICATE OF LIABILITY INSURANCE
Date: 11/10/03
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Companies
444 W. 47th Street, Ste 900 A Zurich American Ins Co — O.P., KS
Kansas City, MO 64112-1906 B American Guarantee & Liab (Zurich)
INSURED C Sentry Ins. Co.
HDR Engineering, Inc. D Continental Cas (V.O. Schinnerer)
8404 Indian Hills Dr, Omaha, NE 68114-4049 E Ohio Casualty Group (Prof Risk)
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY GL03504583 6/l/03 6/1/04
GENERAL AGGREGATE $
1,000,000
PRODUCTS-COMP/OP AGG. $
1,000,000
PERSONAL & ADV. INJURY $
1,000,000
EACH OCCURRENCE $
1,000,000
FIRE DAMAGE (Any one fire) $
1,000,000
MED. EXPENSE (Any one person) $
5,000
B AUTOMOBILE LIABILITY BAP3504584
COMBINED SINGLE LIMIT $
1,000,000
BAP 3504585 6/1/03 6/1/04
BODILY INJURY (Per person) $
TAP3504586
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
E EXCESS LIABILITY (Excludes Professional Liab)
EACH OCCURRENCE $
1,000,000
BX052852174 6/1/03 6/1/04
AGGREGATE $
1,000,000
C WORKERS' COMPENSATION
STATUTORY LIMITS $
AND EMPLOYERS' LIABILITY
EACH ACCIDENT $
1,000,000
90-14910-01 6/l/03 6/1/04
DISEASE - POLICY LIMIT $
1,000,000
DISEASE - EACH EMPLOYEE $
1,000,000
PROFESSIONAL LIABILITY PLN113978408 6/1/03 6/1/04
Per Claim: $1,000,000
Aggregate: $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
RE: Various Transportation Projects; CR 122, IH 35, Arterial A, N.S. Arterial
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers' Liability' and
`Professional
Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof,
the issuing
company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIG A
OF AU THO REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664
Typed Name:
Grover Simpson
Title:
President
Page 1
00650 — 7/2003
Certificate of Liability
Insurance