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R-12-11-20-G6 - 11/20/2012RESOLUTION NO. R -12-11-20-G6 WHEREAS, the City of Round Rock desires to retain engineering services for the Mays at Gattis School Road Intersection Improvements Project, and WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with HDR Engineering, Inc. for the Mays at Gattis School Road Intersection Improvements Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 20th day of November, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 94A.-,' tA &4:t SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\ 1204\Ml1N1C1PAL\00262085.D0C 'ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY EXHIBIT "p„ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 810 Hesters Crossing, Suite 120, Round Rock, TX 78684 PROJECT: Mays at Gattis School Road Intersection Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the day of , 2012 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting'for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05/10 0199.1285; 00260998 00192831 TX02MAGAT CONTRACT DOCUMENTS The Contract Documents consist of this Contact and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perforin the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fiilly and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Five Hundred Ninety -Nine Thousand, Nine Hundred Four and 80/100 Dollars ($599,904.80) 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 montlily 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 deterinination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days -of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the sei vices performed that causes the payment to be late; or B. The terns of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal finds; 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 Govermnent Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah Coffman Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 341-3318 Fax Number (512) 218-5563 Email Address Icoffnian@roiitidrocktexas.gov roundrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: George Tillett, P.E. Sr. Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78681 Telephone Number (512) 657-8168 Fax Number (512) 685-2901 Email Address George.Tillett@lydrinrc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in firll 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 Set vices. F ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials fiirnished until the City authorizes fiill execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under tine Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instrurments of Service appropriate to and for use in their execution of the Work. Submission 'or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All 'subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before Any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in peifoinung 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, minimunu/maxini un salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of lusher/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities wluich may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the fiill amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. - Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subeonsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) 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. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: George Tillett, P.E. Sr. Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78684 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 frilly 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 sante shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or fiunished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, Linder this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer 'of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faitlhfirl and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: Alan McGraw, Mayor ATTEST: 0 Sara L. White, City Clerk HDR ENGINE RINGWne_ INC. By: Sin rePrim d J . Kaat z 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 1b EXHIBIT A City Services The City of Round Rock will furnish to the Engineer the following items/information: 1. The City will provide existing ROW information along the proposed project when possible. 2. The City ,►►ill provide Plans for the existing Gattis School Rd and S. Mays streets and other potentially impacted streets. 3. The City will provide existing signal designs and current signal timing. 4. The City will provide all information from any previous project for the project location. 5.The City will provide review and approval all concepts, schematics and design plans. 6. The City will provide timely reviews and responses. 7. The City will provide all negotiations with other governmental agencies. 8. The City will negotiate all ROW acquisition. 9. The City will negotiate all Utility relocations and adjustments. 14. The City will perform the one-on-one discussions with affected property owners. EXHIBIT B Engineering Services The work to be performed by HDR Engineering, Inc. (ENGINEER) under this contract shall consist of providing engineering services for traffic modeling, schematic design, right-of-way (ROW) acquisition, utility coordination, roadway, drainage, traffic design, and preparation of one Plans, Specifications, and Estimate (PS&E) package for the intersection improvements on Gattis School Road at Mays Street. The scope of the work to be constructed in the PS&E package shall be determined at the conclusion of the traffic analysis, modeling and schematic design tasks. In addition, a schematic design shall be prepared for a six -lane, post ultimate project to confirm that the improvements constructed under this project are compatible with the six -lane ultimate configuration of Gattis School Rd. The ENGINEER shall submit schematic designs to the City of Round Rock (CITY) for approval prior to proceeding with detailed design in the PS&E related tasks described below. The project limits for the schematic and final design of the PS&E package include Gattis School Road from the IH 35 northbound frontage road to Lawiunont Dr. and Mays St. Froin Nesters Crossing Rd. to the northernmost driveway for the shopping center located at the northeast corner of Gattis School Rd. and Mays St. The roadways will be designed in accordance with 3R criteria for Major Urban Arterials with provisions for sidewalks on both sides of the street. The project shall be designed in accordance with City of Round Rock Design and Construction Standards (DACS), TxDOT Standards and Specifications, and applicable design standards and specifications as agreed to with the CITY. Coordinate geometry will be based on, and tied into the CITY's coordinate system and be compatible with the current Geographical Information Systems (GIS) in use by the CITY. The ENGINEER shall collect, review, and evaluate the available existing data pertaining to this project and prepare the PS&E in accordance with applicable requirements and policies of the CITY. Contract Constraints and Conditions The project will be developed in English units. The PS&E package shall be prepared in accordance with the requirements of the applicable CITY Specifications, Standards, and Manuals (current versions in effect on the NTP date). 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 the CITY's design criteria shall be requested in writing, by the ENGINEER for approval by the CITY prior to incorporating the criteria into the project design. The Engineer shall make reasonable efforts to minimize or avoid where possible, utility conflicts and the relocation of existing utilities. ROW acquisition is anticipated for this project. The ENGINEER shall determine at the schematic phase and 60% PS&E design level if additional ROW or easements are necessary to Page 1 of I I construct the proposed improvements. The ENGINEER shall complete the necessary boundary surveying and field notes for parcel acquisitions after receiving approval from the CITY for the additional ROW or easements. Such work shall only be initiated after written direction from the CITY and a Notice to Proceed for the Task Order. Preparation of environmental reports, studies, or documentation is not included in this scope of services. The CITY will be the principal point of contact for public or private inquiries regarding the project. The ENGINEER will prepare technical exhibits and attend stakeholder meetings as requested by the CITY. The detailed scope of services listed by Task Order is further described below. I. DATA EVALUATION A. The ENGINEER shall review readily available data including as -built drawings for the existing roadways, ROW and ownership data, utility records, and previously prepared studies, reports, and plans furnished by the CITY. B. The ENGINEER shall develop project design criteria for review and approval by the CITY prior to commencing with any work. The Engineer shall prepare a Design Summary Report listing the design criteria to be used for the schematic and detail design of the project. C. The ENGINEER shall meet with the CITY to discuss the results of the data evaluation and how this information will be incorporated into the project. II. DESIGN AND ROW SURVEY A. Coordinate with adjacent landowners and request right -of -entry to adjacent properties, as necessary within the project limits. If right -of -entry is not provided voluntarily by the landowner, the ENGINEER shall notify the CITY, and the CITY shall be responsible for obtaining right -of -entry. B. Furnish temporary signs, traffic control, flags, and safety equipment as needed during field survey operations. C. Locate existing right of way lines and adjoining parcel line locations. D. Survey will be based on State Plane Coordinate System using NAD 83/88. Coordinate geometry and vertical elevations will be based on and tied into the TxDOT and the CITY's coordinate system as agreed to by the ENGINEER and the CITY. Provide location of Primary Control including permanent project benchmarks and traverse points (description, coordinates and elevations). E. Topographic mapping and profile the project area including the intersections of cross streets and driveways. Provide topographic map plot at a scale of 1"=50', depicting surface features, legible text (using leaders if necessary) and 1 -foot contour lines indexed at 5 -foot intervals. Show existing ROW on Gattis School Rd., Mays St., and intersecting streets within the project area. Forward hard copy plots and digital files (digital files shall be in MicroStation V8i — 3D format on CD- ROM) to the ENGINEER. Provide a separate MicroStation file that contains 3D breaklines, existing ground triangulation network and contours with elevations. Page 2 of 11 Provide digital ASCII file (on CD-ROM) and hard paper copy of all survey points including point numbers, N&E coordinates, elevation, and description format. F. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage. Measure guardrail and permanent erosion control measures. Collect the required miscellaneous information including; measurements of riprap, retaiiung walls, drainage culverts and structures and note types, sizes, and shapes, measure pier size and skew angle. G. Obtain cross-section elevations across the ROW and a minimum of 25 feet beyond the ROW line (including the potential ROW or easement acquisition) within the project limits. H. Establish and stake baseline control and fitrnish listing of horizontal alignment and coordinates for baseline control. I. Establish benchmarks at 1,000 foot maximum intervals for vertical control in locations that will not be disturbed by construction, and tie to established benclunarks. J. Preparation of a 3d digital terrain model (DTM) for the project limits. K. Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flowlines of existing sanitary sewer and storm sewer lines. L. Locate marked existing underground utilities horizontally within the limits of the Subsurface Utility Engineering (SUE) limits. 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. M. Place the location of existing utilities on the survey. Provide a list of utilities as marked by utility owners. Coordinate with identified utilities within the project limits. N. Obtain stationing on side road and 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. O. 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 features influencing existing streets and driveways, and of the existing right-of-way lines. The ENGINEER's Surveyor will stake in the field P.I.'s, P.O.T.'s, P.C.'s and P.T.'s for the ARproved centerline alignment. SUE work is limited to the project budget for SUE and is confined to the intersection of Gattis School Rd. and S. Mays St. as finther described below. Page 3 of 11 TRAFFIC ANALYSIS AND MODELING A. Traffic analysis and modeling will be completed to identify up to four (4) alternative improvements to improve traffic operations along Gattis School Road between Short Trail Road and Surrey Drive. B. Coordinate with the CITY and project team to obtain necessary information. C. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometrics and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. D. Conduct peak hour traffic data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. E. AM (7:00-9:00) and PM (4:00-6:00) peak hour turning movement counts shall be collected at the following intersections: 1) Gattis School Road at IH 35 NB Frontage Road; 2) Gattis School Road at Short Trail; 3) Gattis School Road at Mays Street; 4) Gattis School Road at Cushing Drive; 5) Gattis School Road at Cushing Park Drive; 6) Gattis School Road at Dixie Lane; 7) Gattis School Road at Magnolia Drive; 8) Gattis School Road at Surrey Drive; 9) Mays Street at Short Trail Road; 10) Cushing Park Drive at Cushing Drive; 11) Mays Street at Hesters Crossing Road; 12) Hesters Crossing Road at IH 35 NBFR; 13) Hesters Crossing Road at IH 35 SBFR; and, 14) Gattis School Road and Driveways (6 Locations). F. 24 -Hour bi-directional traffic counts shall be collected at the following locations: 1) Mays Street, north of Gattis School Road; 2) Mays Street, south of Gattis School Road; 3) Short Trail; 4) Cushing Drive; 5) Gattis School Road, east of Mays Street; and, 6) Gattis School Road, west of Mays Street. Page 4 of 11 G. Travel time runs during the AM and PM peak periods shall be collected along Gattis School Road from IH 35 NBFR to Surrey Drive; Hesters Crossing Road to Surrey Drive via IH 35 NBFR to Gattis School Rd; Hesters Crossing Road to Surrey Drive via Mays Street to Gattis School Rd; Hesters Crossing Road to Surrey Drive via Mays Street to Gattis School Rd; Hesters Crossing Road to Surrey Drive via IH 35 NBFR to Gattis School Rd; SB Mays Street to Surrey Drive; and SB Mays Street to Surrey Drive via Short Trail and Gattis School Rd in order to document existing travel conditions for calibrating the VISSIM models. H. Obtain existing traffic signal timing and phasing information from the CITY. I. Utilizing available traffic projection information and counts collected as part of the study to develop 2022 traffic volume forecasts for the intersections in the study area. Review traffic forecasts with the CITY to obtain feedback and approval. J. Using existing geometric and traffic volume information described herein, code the AM and PM peak hour VISSIM models to reflect transportation network configurations for existing (2012) traffic conditions. K. Run and calibrate the VISSIM networks to reflect existing real-world traffic conditions. L. Using the existing calibrated traffic model as the base, code AM and PM peak hour VISSIM models to reflect transportation network configurations associated with the proposed operational improvements configurations. Five (5) scenarios shall be modeled as listed below for design year (2022) traffic volume conditions: 1) No build condition (Year 2022); 2) Alternative 1 Improvements (Year 2022); 3) Alternative 2 Improvements (Year 2022); 4) Alternative 3 Improvements (Year 2022); and, 5) Alternative 4 Improvements (Year 2022). M. Stunrnarize results of the analysis in a technical memorandum and address the following for the AM and PM peak hours for years existing (2012), no -build (2022), Alternative 1 (2022), Alternative 2 (2022), Alternative 3 (2022) and Alternative 4 (2022): 1) Comparative delay and LOS by intersections; 2) Travel time savings; 3) Network Delay savings; and, 4) Network Cost savings. N. Identify the preferred alternative for the study area intersections as a combination of improvements identified in Alternatives 1 through 4. O. Develop 3D animation files illustrating intersection operations with the operational improvements of the preferred alternative from the VISSIM models for use by the CITY. Page 5 of 11 P. Attend meetings with CITY staff to review study results and recommendations. As stated previously, a total of four (4) meetings have been assumed for budget purposes for the duration of the project. IV. DEVELOP POTENTIAL ALTERNATIVES A. Existing No -Build Alternates: The ENGINEER shall evaluate the no -build alternative in order to evaluate the operation of the intersection in the design year assuming no improvements are made to the intersection. This alternate will be used as a comparison with the alternate scenarios. B. Potential Alternate Development: The VISSIM models will be used to present for the CITY's review, up to four alternate improvements that could be implemented by the CITY in a construction package. The preferred alternate scenario shall be approved by the CITY prior to proceeding with the preparation of the PS&E package. V. DEVELOP SCHEMATIC DESIGN FOR ACCEPTED ALTERNATE A. The ENGINEER shall incorporate the results of the data evaluation, traffic modeling, ROW constraints, surveying, and stakeholder input to develop a schematic design for the approved alternate. B. The schematic design shall include preliminary horizontal and vertical geometry, lane configurations, signal modifications, major drainage structures, and other preliminary design elements necessary to describe the preferred alternate for the proposed improvements. C. The ENGINEER shall submit preliminary ROW and easement requirements for review and approval by the CITY. D. The ENGINEER shall submit a preliminary Engineer's Estimate of Probable Construction Cost for the preferred alternative. VI. PUBLIC OUTREACH A. Prepare for public meetings, including presentations, exhibits, and technical assistance to the CITY and assist City with exhibits for individual meetings. B. Meet with Stakeholders to discuss the project and results. Two (2) presentations are assumed for budget purposes. VII. DEVELOP SIX LANE SCHEMATIC ALTERNATIVE A. Develop a six -lane Major Arterial Divided (MAD -6) ultimate schematic. The ENGINEER shall develop a MAD -6 ultimate schematic for Gattis School Rd. fiom Mays St. to Windy Park Drive. The schematic will be a planning document that addresses potential ROW impacts and acquisitions, proposed horizontal geometry, lane configuration, and preliminary location of major drainage and retaining wall structures. Page 6 of 11 B. The ENGINEER shall prepare the interim and ultimate PS&E packages such that the design of the improvements to be constructed is compatible with the MAD -6 configuration, and can be accommodated with a minimum of `throw away' work. C. Submit the schematic for review by the CITY. Address comments and submit the final document. The scope of work under this contract does not include preparation of a PS&E package for the MAD -6, which is considered a long-term project. VIII. PREPARE ONE PS&E PACKAGE A. Prepare Title Sheet and Project Layout Sheet. B. Develop horizontal and vertical geometry consistent with the project design criteria. Use Geopak roadway design software package to develop the geometry and roadway cross sections. C. Develop Geopak roadway design cross sections at 50 -foot intervals. D. Prepare existing and proposed typical sections. E. Prepare a sequence of construction/traffic control plan for maintenance of traffic during construction: Particular attention shall be given to location of construction signs and barricades, lane widths, protection of drop-offs, etc. As a reference, the Texas Manual of Uniform Traffic Control Devices (TMUTCD) shall be used. The usual scale is 1 inch = 50 feet. A narrative of each sequence shall be included on the plan sheets. Staging of major drainage structures and utilities shall be considered. Provisions for temporary drainage shall be considered and included during the stages of construction operations. F. Prepare Plan and Profile Sheets: The usual scale is 1 inch = 50 feet. The plan view shall include but not be limited to: Roadway Aligrvnent; 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 and at each; ROW line; Existing and Proposed Elevations; and Location and description of cross road culverts. G. Prepare intersection grading and detail sheets. H. Prepare Drainage Computation Sheets: These sheets shall include drainage area maps, runoff calculations, and hydraulic data for storm sewers and culverts to be modified or constructed within the project area. Obtain and review data regarding existing drainage patterns and structures based on readily available information and field visits. 1. Prepare storm sewer plan and profile sheets, culvert layouts, and associated details for the drainage structures within the project area. J. Identify additional ROW or drainage easement needs in consultation with the CITY. Page 7 of 11 K. Prepare small signing, pavement marking, and delineation sheets for the project limits. L. Prepare SW3P Narrative Sheet. M. Prepare SW3P and Erosion Control to include temporary and permanent erosion control measures. Title sheet, Index, Project Layout, Typical Sections. N. Develop miscellaneous detail sheets for roadway, drainage, and traffic items as necessary. O. Compile CORR and TxDOT Standards as appropriate for the final design. P. Summary of Quantities Sheets and Estimate. Q. Prepare Final Engineer's Opinion of Probable Construction Cost based on readily available bidding. R. Prepare a submittal at the 60% & 100% design level. S. Prepare and submit final signed and sealed plan sheets on 11" x 17" mylars. T. Compile special provisions and special specifications, if necessary. U. Prepare and submit the draft Project Manual with all necessary supporting documentation for review and approval by the CITY. No environmental services are included. IX. SIGNAL MODIFICATIONS DESIGN A. Signal design modifications will be completed for the intersections of 1) Gattis School Road at Mays Street; and, 2) Gattis School Road at Surrey Drive. B. Conduct a field review of the existing two intersections to note and verify existing traffic signal equipment, existing intersection geometrics, physical constraints, power connection, utility placement, and other details necessary for signal plan preparation. C. Meet with the CITY to discuss signal design requirements specific to this project. One (1) meeting is assumed for budget purposes. D. Obtain existing signal plans, if available, for both the intersections. This information will be provided by the CITY. E. Coordinate with "Texas One -Call" System and the CITY to have utilities located in the field by the utility owners. F. Attend meeting in the field with CITY to locate and confirm locations of proposed controller and signal poles. G. Prepare draft sets of plans and quantity estimates for the intersections of Gattis School Road at Mays Street and Surrey Drive. Draft plans will include complete traffic signal plan sets for the intersection, including pavement markings, signage, signal phasing, conductor conduit schedules, elevation sheets, vehicle detection, Page 8 of 11 foundation details, quantities, and communication equipment details necessary to facilitate traffic signal operations. H. Prepare final set of plans, which incorporate all previous comments and submit to CITY as a part of the PS&E package. X. ILLUMINATION DESIGN A. Illumination design will be completed for Gattis School Road between Short Trail Road and Surrey Drive. B. Coordinate with "Texas One -Call" System and the CITY to have utilities located in the field by the utility owners. C. Conduct a field review to note and verify physical constraints, power connection, utility placement, and any other details necessary for illumination plan preparation. D. Attend meeting in the field with CITY and utility company to identify power source for illumination. One (1) meeting has been assumed. E. Perform photometric analysis using VISUAV"' software to identify pole locations and fixture types to maintain adequate light levels along the entire corridor. F. Prepare draft set of illumination plans and quantity estimates for illumination along Gattis School Road between Short Trail Road and Surrey Drive. Draft plans will include complete illumination layout sheets, new pole schedule, conduit and conductor schedule and voltage drop calculations. G. The illumination plans will be prepared in accordance with CITY, TxDOT, and ONCOR Electric standards and criteria. H. Prepare final set of plans, which incorporate previous continents and submit to CITY. XI. PREPARE ROW DOCUMENTS FOR ACQUISITION A. Obtain property ownership information and boundaries. B. Establish and recover existing boundary monumentation in the field. C. Attempt recovery of existing survey datum control as established previously for the CITY's project on Mays St. The values will be reconciled to Texas State Plane Coordinates, Central Zone, NAD 83. Vertical Datum will be relative as to that established for the above project. D. Design and establish horizontal survey traverse as needed for topographic data gathering procedures. The area of data will be as follows: Improvements within the immediate area of the proposed acquisition parcels and 25 feet beyond. E. Obtain topographic shots along the toe of slope and collect the edge of back of curb, driveways, visible utilities, drainage structures, or any hard surface improvement not previously collected. F. Perforin sufficient boundary research to prepare necessary deliverables for the acquisition parcels. G. Develop a ROW map for the project limits. Page 9 of 11 H. Set right-of-way monuments at the appropriate locations. I. Deliverables will consist of acquisition packages that include (3) three original signed and sealed sketches with metes and bounds and closures. J. Provide an updated DGN file with any new improvements or elevations recovered in the topographic survey. K. Providing or addressing Title Abstracts is not included in this scope of services XII. UTILITY COORDINATION A. Coordinate with city utility coordinator and furnish a notice of construction to the CITY for coordination with utility companies with a project layout in order for the utility companies to identify and annotate their utilities on this layout. B. Attend City utility coordination meetings to discuss the proposed project and identify and resolve utility conflicts with utility owners. C. Prepare utility exhibits based on field survey of above -ground features and readily available utility data furnished by the CITY or private utility owners. D. The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY. E. Coordinate and attend City utility meetings to coordinate with the utility companies. XIII. BID PHASE SERVICES (ONE PS&E) PACKAGE) A. Prepare an advertisement for two local newspapers. B. Maintain a plan holders list, attend the pre-bid conference and bid opening. C. Distribute Contract documents to potential bidders. D. Respond to bidder's questions and prepare Addenda as necessary. E. Tabulate the qualified bids. F. Prepare an award recommendation. G. Prepare conformed Contract documents once an award has been made by the CITY. H. Attend Pre -construction meeting. The CITY shall provide the latest version of bidding documents for use in preparing the Project Manual. XIV. CONSTRUCTION PHASE SERVICES (ONE PS&E) PACKAGE) A. Respond to RFI's by the Contractor and update and issue revised sheets if necessary. B. Prepare minor change orders if necessary ( limit is one minor plan change). C. Review project submittals that are forwarded by the CITY to the ENGINEER for review. Construction observation and inspection services, Monthly meetings and pay app review are not included in this Scope of Sei vices. Page 10 of I 1 XV. PROJECT MANAGEMENT A. Perform general Project Management during the course of the project to include coordination with the City, preparing invoices, and management of subconsultants. B. Preparation of project correspondence including reports, record keeping, and letters as necessary. C. Perform QA/QC of deliverables prior to submittal to the CITY. Implement a documented QA/QC program in accordance with the ENGINEER's established procedures. D. Attend monthly project progress and coordination meetings with the CITY as required during project development. Deliverables Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: A. Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY. Roll plot of schematic with approved alternate design. B. One hard copy and one electronic copy of the Engineer's Estimate of probable construction cost, general notes, and specifications (Project Manual). Electronic copies of deliverables shall be in MS Word or Excel format as appropriate. The Project Manual shall be prepared in accordance with the standard format based on the current bidding documents Pumished by the CITY. Electronic design files in Microstation format. C. Existing and design cross section output in ASCII format, and plotted on 11" x 17" plan sheets. D. Provide the CITY with an electronic version of project General Notes. General Notes, standard specifications, special specifications and special provisions will be created using MS Word using the CITY's templates. Page 11 of 11 EXHIBIT C Work Schedule Attached Behind This Page Y O tl • N C Otl n Mn '&.- N ^ e� a . a Oc _ �N • n , 'h ;a gncc a /n. -'a7 tie 'n ;n n '.•� n ,n ;^ 'n e� n a ;a — F � i 19 1 r i9 i !M; V .N ,� ;tl :1`I 'tl " In '„ N •� tl..-._ IN I j e Ma !� .� ;}$�; •u"f � 'U K ;d LL V .z SO C 2 w. z 7 •� `-� F F Z :w -. F !. F u. s w w. u F '� 'a r y7d �_ vy '� ,LL w z o .o rc •S :o o 'o w -F . t� x S z g o a Q p p oi g $ y �" •'W� " m 0 10 a a y F� p W� o fa yo 01 IMP • � <I ,� x c ES' { l F 2 e� w 4 p ao �LR 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000 00 r- N (0 (D 0floo 0( c cO 0 O (6 1-- 06 O d C� QN N 00 Co (b to to 1~ Imo- r N r r (O (0 (b N to N td M a) M h- M ti 0 co M M }- to h M to M d I- 00 N to to I— O M M CA 0) O F- 6g I.- 6F3 (D r to. 69 M r 6% 60- (ri 0) M ER 6+9 r 60- (D N 69 (0 N 03i N d) W. 64 LO tic o O O o 0 0 0 0 C OD o 0 0 0 0 0 0 0 0 0 0 0 co OC) d000ciaoo�0000 (fl 64 !f3 EA fR 64%bfy 69 (f9 69 t`i LO co 64 G7 N 0 V 0 0 O O 0 0 O 0 0 O O 0 0 L 0 0 0 0 0 0 0 0 0 0 O O o O 't D O O0 6 d 0 0 0 0 0 O d O 6f} O 69 r O w 6 N 69 0 u-, 0 't 0 69 06 v). 0 69 69V). 0 0 64 64 Q64 N 60- 69 69 N O `o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r O� N to 00 co O co O O (a I- 0D O O (fl 0 0OD C J M M 'd' h" 00 to V I'- M I- h r M OC) r O O v- (O M M 0 F tD O � M ti 0) M N T- N N 0 (OD 69 69 EA 6R 64 (ii M 64 d' 3 69 69 b4 (Y)O O 00 Otp O O O OO OMN No0 CO NM 000 N O p N O N l NN O A Ri ~ C O t: Ncm (0 co 0) co < U w c 41 a- "' O x W M CL (D t O Q N Q Q W O O; O OC a m N C O C J t� 0 U M (p w0 47 2 Ln (9 f c U Z O E N °' v W U m V L- o£ NN O M c �vQU m m EW(Do'oov((uE °d � g p is to ca p CO D rn 'Z 0❑ ❑ ca a. °' .N aGi o -0co c c c a. u) a 0 0 p o U) 0 c o m Lu 4Do o U O �n� n 4) m O aNi ami 4>)yCL in ❑ F- ❑ ❑ a. ❑ 0. (n o .. �i c�i iri D c^ N M `Ct iCi CO i� Go of r v- T- IT N N m m ` 2 tTO 12 1T Imo-- IT �M- �To 32 O EXHIBIT E Certificates of Insurance Attached Behind This Page A I� CERTIFICATE 4F LIABILITY INSURANCE 6�lrzol3 DATE/19t2012 i0/19/20i2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certlilcate does not confer rights to the corti0cate holder In lieu of such endorsement(s). PRODUCER Lockton Companies, LLC 1 Kansas City 444 W. 47th Street Suite 900 Kansas City M0 641i24906 (816) 950-9000 n c e ExI : WE No : . t L RER S G COV INSURERA: Hartford Fire Insurance Com an 19682 INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE OMAHA NE 68114-4049 INSURERB: SLPWFk69WAf3eMinturweC0mPMY 24767 INSURER c: Sentinet Insurance Company, Ltd. 11000 IN§URER D • Zurich American Insurance Conipany 16535 INSURERE• I?I§URER F• R1 O1 SA CERTIFICATE NUMI3E • 1-H4 8 REVISIpiY UMBER: AAAAAAK COVERAGES HD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILIISR TYPEOFINSUFiANCE AD L L SUNt POUCYNUMBER P041CYEF + 6/1/2012 MPO I EXP 6/1/2013 LIMITS A GENERAL LIABILITY �i COhYdERCAL GENERAL LIABILITY CLAWS4AADE r:U:1 OCCUR X CDIltfaetualUab. N N 37CSBQU0950 EACH OECCURRENCE 1 OOO OOO P . F EME°e n-131,000,000 MED EXP (AnY one uson 10,000 PERSONAL&ADVINJURY $ 1.000.000 GENERAL AGGREGATE s2,000,000 GEMLAGGREGATE APPLIES PER PRODUCTS -COLIPIOPAGG s 2,000,000 SINGLEL111T s e I $2,000,000 A A A ppLReiR POLICY X IR - X LOCOMB AUTOMOBILELIABiLITY X ANY AUTO ALL Oyy�ED CH ULED AUTOS S�Epp X HIRED AUTOS X AAUOTNOSWNED N N 37CSE U0951 AOS) 37CSE U0952�HI)p 37MCP U1160 (MA) 6/1/2012 6/12012 6/12012 6/12013 6/12013 6112013 BODILY IHJURY(Perpuson) $ XXXXXXX BODILY INJURY(Perawident $ XXXXXXX POS WAGE $ XXXXXXX B C X UMBRELLALIAS EXCESS IJAB X JOCCuR CLAIMS•MADE N NJA IN91WHOH1000 ZUP-IOR64094-12 NF (EXCLUDES PROF. LTAB) 6/12012 7/12012 6/1/2013 7/12013 EACH OCCURRENCE $ 1 000 000 AGGREGATE s 1000 000 OEO X RETENTION 50 WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN J,yCf0t0wEVEFRfXCIU�T DE OunvE (Mandatoryln HH) DE4PTION OPERATIO!;S be on s XXXXXXX X c TIS s o ELEACtACCIDENT s 1,000,000 . AXWASE-EAEMPLOYEE 3 1,000,000 E.L. U:SFASE- POLICY LIMIT 1,000,000 D ARCHS & ENOS PROMSSIONAL N N EOC9260026-05 6/12012 6/12013 PER CLAIM $1,000,000. A00: SI,000,OOU. LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !(Attach ACORO 101, Additional Remarks Schedule, if ;Wore speco Is required) Re GATTIS SCHOOL RD & MAYS INTERSECTION IMPROVEMENTS. PM -GEORGE TILLETT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12037877 .......___.._..---_......-- CITY OF ROUND ROCK ATTENTION: CITY MANAGER 221 EAST MAIN STREET ROUND ROCK TX78664 /,Lwlo/� Ronald J. 7D 25 (2010!05) ©T90-2010 ACCIP rORPORATI ON. All rights rose ;tie Annan nmmn and Innn are realstered marks of ACORD ROUND ROCK, TEXAS City Council Agenda Summary Sheet PURPOSE PASSION. PROSPERITY. Agenda Item No. G6. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the Mays at Gattis School Road Intersection Agenda Caption: Improvements Project. Date: November 20. 2012 Department: Transportation Department Staff Person making presentation: Gary Hudder rtation Director Item Summary: The Mays Street at Gattis School Road Intersection Improvements Project will provide for the construction of additional turn lanes and raised medians in order to alleviate the congestion which presently exists at this key intersection. Previous work on this project included concept planning and development. This contract with HDR Engineering, Inc. will finalize the engineering design so that the project can be bid and constructed. The amount of this contract is $599,904.80, which was budgeted and allocated in Amendment # 29 of the Transportation Capital Improvement Program. Cost: $599,904.80 Source of Funds: Type B Recommended Action: Approval EXECUTED ORIGINAL DOCUMENTD FOLLOW 'ROUND ROCK, TEXAS PURPOSE PASSION PROSPW" CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 810 Hesters Crossing, Suite 120, Round Rock, TX 78684 PROJECT: Mays at Gattis School Road Intersection Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the �1day of 1.617i1'V►Le4- , 2012 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05/10 0199.1285; 00260998 00192831 TX02MAGAT R-12-11-Zo - G( 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 pari of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perforin 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. N (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Five Hundred Ninety -Nine Thousand, Nine Hundred Four and 80/100 Dollars ($599,904.80) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. . The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fiends; 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 Govenmient Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah Coffman Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 341-3318 Fax Number (512) 218-5563 Email Address lcoffman@rourrdrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: George Tillett, P.E. Sr. Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78684 Telephone Number (512) 657-8168 Fax Number (512) 685-2901 Email Address George.Tillett@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in firll 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. 0 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terns of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawfiul manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fiilfill 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 tennination 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 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, minimunu/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers, ARTICLE 25 NON -COLLUSION FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the fiill amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subeonsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work wider this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) 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. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawfiil assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in pant, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: George Tillett, P.E. Sr. Project Manager 810 Hesters Crossing, Suite 120 Round Rock, TX 78684 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 frilly responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terns or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, wider this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services fiirnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithfiil and fiiil performance of the terms and provisions hereof. CITY Or UNDICK, TEXAS By: Alan cGraw, Mayor ATTEST: By: ' IA2W_�- Sara L. White, City Clerk HDR ENGINE RING, INC. By: Si i re ri c' al Prin d e: el ly J. Kaat z 15 AStephan D A TO RM: Sheets, City Atto►ney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City of Round Rock will furnish to the Engineer the following items/information: 1. The City will provide existing ROW information along the proposed project when possible. 2. The City will provide Plans for the existing Gattis School Rd and S. Mays streets and other potentially impacted streets. 3. The City will provide existing signal designs and current signal timing. 4. The City will provide all information from any previous project for the project location. 5. The City will provide review and approval all concepts, schematics and design plans. 6. The City will provide timely reviews and responses. 7. The City will provide all negotiations with other goveimnental agencies. 8. The City will negotiate all ROW acquisition. 9. The City will negotiate all Utility relocations and adjustments. 10. The City will perform the one-on-one discussions with affected property owners. EXHIBIT B Engineering Sei vices The work to be performed by HDR Engineering, Inc. (ENGINEER) under this contract shall consist of providing engineering services for traffic modeling, schematic design, right-of-way (ROW) acquisition, utility coordination, roadway, drainage, traffic design, and preparation of one Plans, Specifications, and Estimate (PS&E) package for the intersection improvements on Gattis School Road at Mays Street. The scope of the work to be constructed in the PS&E package shall be determined at the conclusion of the traffic analysis, modeling and schematic design tasks. In addition, a schematic design shall be prepared for a six -lane, post ultimate project to confirm that the improvements constructed under this project are compatible with the six -lane ultimate configuration of Gattis School Rd. The ENGINEER shall submit schematic designs to the City of Round Rock (CITY) for approval prior to proceeding with detailed design in the PS&E related tasks described below. The project limits for the schematic and final design of the PS&E package include Gattis School Road from the IH 35 northbound frontage road to Lawnmont Dr. and Mays St. from Ilesters Crossing Rd. to the northernmost driveway for the shopping center located at the northeast corner of Gattis School Rd. and Mays St. The roadways will be designed in accordance with 3R criteria for Major Urban Arterials with provisions for sidewalks on both sides of the street. The project shall be designed in accordance with City of Round Rock Design and Construction Standards (DACS), TxDOT Standards and Specifications, and applicable design standards and specifications as agreed to with the CITY. Coordinate geometry will be based on, and tied into the CITY's coordinate system and be compatible with the current Geographical Information Systems (GIS) in use by the CITY. The ENGINEER shall collect, review, and evaluate the available existing data pertaining to this project and prepare the PS&E in accordance with applicable requirements and policies of the CITY. Contract Constraints and Conditions The project will be developed in English units. The PS&E package shall be prepared in accordance with the requirements of the applicable CITY Specifications, Standards, and Manuals (current versions in effect on the NTP date). 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 the CITY's design criteria shall be requested in writing, by the ENGINEER for approval by the CITY prior to incorporating the criteria into the project design. The Engineer shall make reasonable efforts to minimize or avoid where possible, utility conflicts and the relocation of existing utilities. ROW acquisition is anticipated for this project. The ENGINEER shall determine at the schematic phase and 60% PS&E design level if additional ROW or easements are necessary to Page 1 of 11 construct the proposed improvements. The ENGINEER shall complete the necessary boundary surveying and field notes for parcel acquisitions after receiving approval from the CITY for the additional ROW or easements. Such work shall only be initiated after written direction from the CITY and a Notice to Proceed for the Task Order. Preparation of environmental reports, studies, or documentation is not included in this scope of services. The CITY will be the principal point of contact for public or private inquiries regarding the project. The ENGINEER will prepare technical exhibits and attend stakeholder meetings as requested by the CITY. The detailed scope of services listed by Task Order is further described below. I. DATA EVALUATION A. The ENGINEER shall review readily available data including as -built drawings for the existing roadways, ROW and ownership data, utility records, and previously prepared studies, reports, and plans furnished by the CITY. B. The ENGINEER shall develop project design criteria for review and approval by the CITY prior to commencing with any work. The Engineer shall prepare a Design Summary Report listing the design criteria to be used for the schematic and detail design of the project. C. The ENGINEER shall meet with the CITY to discuss the results of the data evaluation and how this information will be incorporated into the project. II. DESIGN AND ROW SURVEY A. Coordinate with adjacent landowners and request right -of -entry to adjacent properties, as necessary within the project limits. If right -of -entry is not provided voluntarily by the landowner, the ENGINEER shall notify the CITY, and the CITY shall be responsible for obtaining right -of -entry. B. Furnish temporary signs, traffic control, flags, and safety equipment as needed during field survey operations. C. Locate existing right of way lines and adjoining parcel line locations. D. Survey will be based on State Plane Coordinate System using NAD 83/88. Coordinate geometry and vertical elevations will be based on and tied into the TxDOT and the CITY's coordinate system as agreed to by the ENGINEER and the CITY. Provide location of Primary Control including permanent project benchmarks and traverse points (description, coordinates and elevations). E. Topographic mapping and profile the project area including the intersections of cross streets and driveways. Provide topographic map plot at a scale of F'=50', depicting surface features, legible text (using leaders if necessary) and 1 -foot contour lines indexed at 5 -foot intervals. Show existing ROW on Gattis School Rd., Mays St., and intersecting streets within the project area. Forward hard copy plots and digital files (digital files shall be in MicroStation V8i — 3D format on CD- ROM) to the ENGINEER. Provide a separate MicroStation file that contains 3D breaklines, existing ground triangulation network and contours with elevations. Page 2 of 11 Provide digital ASCII file (on CD-ROM) and hard paper copy of all survey points including point numbers, N&E coordinates, elevation, and description format. F. Locate all mailboxes (single, double, etc.), signs including size, types, location and verbiage. Measure 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. G. Obtain cross-section elevations across the ROW and a minimum of 25 feet beyond the ROW line (including the potential ROW or easement acquisition) within the project limits. H. Establish and stake baseline control and furnish listing of horizontal alignment and coordinates for baseline control. I. Establish benchmarks at 1,000 foot maximum intervals for vertical control in locations that will not be disturbed by construction, and tie to established benchmarks. J. Preparation of a 3d digital terrain model (DTM) for the project limits. K. Establish x, y, and z coordinates of power poles, manholes and valves of various utilities, and flowlines of existing sanitary sewer and storm sewer lines. L. Locate marked existing underground utilities horizontally within the limits of the Subsurface Utility Engineering (SUE) limits. 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. M. Place the location of existing utilities on the survey. Provide a list of utilities as marked by utility owners. Coordinate with identified utilities within the project limits. N. Obtain stationing on side road and 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. O. 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 features influencing existing streets and driveways, and of the existing right-of-way lines. The ENGINEER's 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. SUE work is limited to the project budget for SUE and is confined to the intersection of Gattis School Rd. and S. Mays St. as further described below. Page 3 of 11 TRAFFIC ANALYSIS AND MODELING A. Traffic analysis and modeling will be completed to identify up to four (4) alternative improvements to improve traffic operations along Gattis School Road between Short Trail Road and Surrey Drive. B. Coordinate with the CITY and project team to obtain necessary information. C. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometrics and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. D. Conduct peak hour traffic data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. E. AM (7:00-9:00) and PM (4:00-6:00) peak hour turning movement counts shall be collected at the following intersections: 1) Gattis School Road at IH 35 NB Frontage Road; 2) Gattis School Road at Short Trail; 3) Gattis School Road at Mays Street; 4) Gattis School Road at Cushing Drive; 5) Gattis School Road at Cushing Park Drive; 6) Gattis School Road at Dixie Lane; 7) Gattis School Road at Magnolia Drive; 8) Gattis School Road at Surrey Drive; 9) Mays Street at Short Trail Road; 10) Cushing Park Drive at Cushing Drive; 11) Mays Street at Hesters Crossing Road; 12) Hesters Crossing Road at IH 35 NBFR; 13) Hesters Crossing Road at IH 35 SBFR; and, 14) Gattis School Road and Driveways (6 Locations). F. 24 -Hour bi-directional traffic counts shall be collected at the following locations: 1) Mays Sheet, north of Gattis School Road; 2) Mays Sheet, south of Gattis School Road; 3) Short Trail; 4) Cushing Drive; 5) Gattis School Road, east of Mays Street; and, 6) Gattis School Road, west of Mays Street. Page 4 of 11 G. Travel time runs during the AM and PM peak periods shall be collected along Gattis School Road from IH 35 NBFR to Surrey Drive; Hesters Crossing Road to Surrey Drive via IH 35 NBFR to Gattis School Rd; Hesters Crossing Road to Surrey Drive via Mays Street to Gattis School Rd; Hesters Crossing Road to Surrey Drive via Mays Street to Gattis School Rd; Hesters Crossing Road to Surrey Drive via IH 35 NBFR to Gattis School Rd; SB Mays Street to Surrey Drive; and SB Mays Street to Surrey Drive via Short Trail and Gattis School Rd in order to document existing travel conditions for calibrating the VISSIM models. H. Obtain existing traffic signal timing and phasing information from the CITY. I. Utilizing available traffic projection information and counts collected as part of the study to develop 2022 traffic volume forecasts for the intersections in the study area. Review traffic forecasts with the CITY to obtain feedback and approval. J. Using existing geometric and traffic volume information described herein, code the AM and PM peak hour VISSIM models to reflect transportation network configurations for existing (2012) traffic conditions. K. Run and calibrate the VISSIM networks to reflect existing real-world traffic conditions. L. Using the existing calibrated traffic model as the base, code AM and PM peak hour VISSIM models to reflect transportation network configurations associated with the proposed operational improvements configurations. Five (5) scenarios shall be modeled as listed below for design year (2022) traffic volume conditions: 1) No build condition (Year 2022); 2) Alternative 1 Improvements (Year 2022); 3) Alternative 2 Improvements (Year 2022); 4) Alternative 3 Improvements (Year 2022); and, 5) Alternative 4 Improvements (Year 2022). M. Summarize results of the analysis in a technical memorandum and address the following for the AM and PM peak hours for years existing (2012), no -build (2022), Alternative 1 (2022), Alternative 2 (2022), Alternative 3 (2022) and Alternative 4 (2022): 1) Comparative delay and LOS by intersections; 2) Travel time savings; 3) Network Delay savings; and, 4) Network Cost savings. N. Identify the preferred alternative for the study area intersections as a combination of improvements identified in Alternatives 1 through 4. O. Develop 31) animation files illustrating intersection operations with the operational improvements of the preferred alternative from the VISSIM models for use by the CITY. Page 5 of 11 P. Attend meetings with CITY staff to review study results and recommendations. As stated previously, a total of four (4) meetings have been assumed for budget purposes for the duration of the project. IV. DEVELOP POTENTIAL ALTERNATIVES A. Existing No -Build Alternates: The ENGINEER shall evaluate the no -build alternative in order to evaluate the operation of the intersection in the design year assuming no improvements are made to the intersection. This alternate will be used as a comparison with the alternate scenarios. B. Potential Alternate Development: The VISSIM models will be used to present for the CITY's review, up to fou alternate improvements that could be implemented by the CITY in a construction package. The preferred alternate scenario shall be approved by the CITY prior to proceeding with the preparation of the PS&E package. V. DEVELOP SCHEMATIC DESIGN FOR ACCEPTED ALTERNATE A. The ENGINEER shall incorporate the results of the data evaluation, traffic modeling, ROW constraints, surveying, and stakeholder input to develop a schematic design for the approved alternate. B. The schematic design shall include preliminary horizontal and vertical geometry, lane configurations, signal modifications, major drainage structures, and other preliminary design elements necessary to describe the preferred alternate for the proposed improvements. C. The ENGINEER shall submit preliminary ROW and easement requirements for review and approval by the CITY. D. The ENGINEER shall submit a preliminary Engineer's Estimate of Probable Construction Cost for the preferred alternative. VI. PUBLIC OUTREACH A. Prepare for public meetings, including presentations, exhibits, and technical assistance to the CITY and assist City with exhibits for individual meetings. B. Meet with Stakeholders to discuss the project and results. Two (2) presentations are assumed for budget purposes. VII. DEVELOP SIX LANE SCHEMATIC ALTERNATIVE A. Develop a six -lane Major Arterial Divided (MAD -6) ultimate schematic. The ENGINEER shall develop a MAD -6 ultimate schematic for Gattis School Rd. fiom Mays St. to Windy Park Drive. The schematic will be a planning document that addresses potential ROW impacts and acquisitions, proposed horizontal geometry, lane configuration, and preliminary location of major drainage and retaining wall structures. Page 6 of 11 B. The ENGINEER shall prepare the interim and ultimate PS&E packages such that the design of the improvements to be constructed is compatible with the MAD -6 configuration, and can be accommodated with a minimum of `throw away' work. C. Submit the schematic for review by the CITY. Address comments and submit the final document. The scope of work under this contract does not include preparation of a PS&E package for the MAD -6, which is considered a long-term project. VIII. PREPARE ONE PS&E PACKAGE A. Prepare Title Sheet and Project Layout Sheet. B. Develop horizontal and vertical geometry consistent with the project design criteria. Use Geopak roadway design software package to develop the geometry and roadway cross sections. C. Develop Geopak roadway design cross sections at 50 -foot intervals. D. Prepare existing and proposed typical sections. E. Prepare a sequence of construction/traffic control plan for maintenance of traffic during construction: Particular attention shall be given to location of construction signs and barricades, lane widths, protection of drop-offs, etc. As a reference, the Texas Manual of Uniform Traffic Control Devices (TMUTCD) shall be used. The usual scale is 1 inch = 50 feet. A narrative of each sequence shall be included on the plan sheets. Staging of major drainage structures and utilities shall be considered. Provisions for temporary drainage shall be considered and included during the stages of construction operations. F. Prepare Plan and 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 and at each; ROW line; Existing and Proposed Elevations; and Location and description of cross road culverts. G. Prepare intersection grading and detail sheets. H. Prepare Drainage Computation Sheets: These sheets shall include drainage area maps, iunoff calculations, and hydraulic data for storm sewers and culverts to be modified or constructed within the project area. Obtain and review data regarding existing drainage patterns and structures based on readily available information and field visits. 1. Prepare storm sewer plan and profile sheets, culvert layouts, and associated details for the drainage structures within the project area. J. Identify additional ROW or drainage easement needs in consultation with the CITY. Page 7 of 11 K. Prepare small signing, pavement marking, and delineation sheets for the project limits. L. Prepare SW3P Narrative Sheet. M. Prepare SW3P and Erosion Control to include temporary and permanent erosion control measures. Title sheet, Index, Project Layout, Typical Sections. N. Develop miscellaneous detail sheets for roadway, drainage, and traffic items as necessary. O. Compile CORR and TxDOT Standards as appropriate for the final design. P. Summary of Quantities Sheets and Estimate. Q. Prepare Final Engineer's Opinion of Probable Constriction Cost based on readily available bidding. R. Prepare a submittal at the 60% & 100% design level. S. Prepare and submit final signed and sealed plan sheets on 11" x 17" mylars. T. Compile special provisions and special specifications, if necessary. U. Prepare and submit the draft Project Manual with all necessary supporting documentation for review and approval by the CITY. No environmental services are included. IX. SIGNAL MODIFICATIONS DESIGN A. Signal design modifications will be completed for the intersections of 1) Gattis School Road at Mays Street; and, 2) Gattis School Road at Surrey Drive. B. Conduct a field review of the existing two intersections to note and verify existing traffic signal equipment, existing intersection geometrics, physical constraints, power connection, utility placement, and other details necessary for signal plan preparation. C. Meet with the CITY to discuss signal design requirements specific to this project. One (1) meeting is assumed for budget purposes. D. Obtain existing signal plans, if available, for both the intersections. This information will be provided by the CITY. E. Coordinate with "Texas One -Call" System and the CITY to have utilities located in the field by the utility owners. F. Attend meeting in the field with CITY to locate and confirm locations of proposed controller and signal poles. G. Prepare draft sets of plans and quantity estimates for the intersections of Gattis School Road at Mays Street and Surrey Drive. Draft plans will include complete traffic signal plan sets for the intersection, including pavement markings, signage, signal phasing, conductor conduit schedules, elevation sheets, vehicle detection, Page 8 of 1 l foundation details, quantities, and communication equipment details necessary to facilitate traffic signal operations. H. Prepare final set of plans, which incorporate all previous comments and submit to CITY as a part of the PS&E package. X. ILLUMINATION DESIGN A. Illumination design will be completed for Gattis School Road between Short Trail Road and Surrey Drive. B. Coordinate with "Texas One -Call" System and the CITY to have utilities located in the field by the utility owners. C. Conduct a field review to note and verify physical constraints, power connection, utility placement, and any other details necessary for illumination plan preparation. D. Attend meeting in the field with CITY and utility company to identify power source for illumination. One (1) meeting has been assumed. E. Perform photometric analysis using VISUAL" software to identify pole locations and fixture types to maintain adequate light levels along the entire corridor. F. Prepare draft set of illumination plans and quantity estimates for illumination along Gattis School Road between Short Trail Road and Surrey Drive. Draft plans will include complete illumination layout sheets, new pole schedule, conduit and conductor schedule and voltage drop calculations. G. The illumination plans will be prepared in accordance with CITY, TxDOT, and ONCOR Electric standards and criteria. H. Prepare final set of plans, which incorporate previous continents and submit to CITY. XI. PREPARE ROW DOCUMENTS FOR ACQUISITION A. Obtain property ownership information and boundaries. B. Establish and recover existing boundary monunmentation in the field. C. Attempt recovery of existing survey datum control as established previously for the CITY's project on Mays St. The values will be reconciled to Texas State Plane Coordinates, Central Zone, NAD 83. Vertical Datum will be relative as to that established for the above project. D. Design and establish horizontal suivey traverse as needed for topographic data gathering procedures. The area of data will be as follows: Improvements within the immediate area of the proposed acquisition parcels and 25 feet beyond. E. Obtain topographic shots along the toe of slope and collect the edge of back of curb, driveways, visible utilities, drainage structures, or any hard surface improvement not previously collected. F. Perform sufficient boundary research to prepare necessary deliverables for the acquisition parcels. G. Develop a ROW map for the project limits. Page 9 of 11 H. Set right-of-way monuments at the appropriate locations. I. Deliverables will consist of acquisition packages that include (3) three original signed and sealed sketches with metes and bounds and closures. J. Provide an updated DGN file with any new improvements or elevations recovered in the topographic survey. K. Providing or addressing Title Abstracts is not included in this scope of services XII. UTILITY COORDINATION A. Coordinate with city utility coordinator and furnish a notice of construction to the CITY for coordination with utility companies with a project layout in order for the utility companies to identify and annotate their utilities on this layout. B. Attend City utility coordination meetings to discuss the proposed project and identify and resolve utility conflicts with utility owners. C. Prepare utility exhibits based on field survey of above -ground features and readily available utility data furnished by the CITY or private utility owners. D. The Engineer shall submit plan sheets with a list of utilities to be adjusted to the CITY. E. Coordinate and attend City utility meetings to coordinate with the utility companies. XIII. BID PHASE SERVICES (ONE PS&E) PACKAGE) A. Prepare an advertisement for two local newspapers. B. Maintain a plan holders list, attend the pre-bid conference and bid opening. C. Distribute Contract documents to potential bidders. D. Respond to bidder's questions and prepare Addenda as necessary. E. Tabulate the qualified bids. F. Prepare an award recommendation. G. Prepare conformed Contract documents once an award has been made by the CITY. H. Attend Pre -construction meeting. The CITY shall provide the latest version of bidding documents for use in preparing the Project Manual. XIV. CONSTRUCTION PHASE SERVICES (ONE PS&E) PACKAGE) A. Respond to RFI's by the Contractor and update and Issue revised sheets if necessary. B. Prepare minor change orders if necessary ( limit is one minor plan change). C. Review project submittals that are forwarded by the CITY to the ENGINEER for review. Construction observation and inspection services, Monthly meetings and pay app review are not included in this Scope of Set vices. Page 10 of 11 XV. PROJECT MANAGEMENT A. Perform general Project Management during the course of the project to include coordination with the City, preparing invoices, and management of subconsultants. B. Preparation of project correspondence including reports, record keeping, and letters as necessary. C. Perform QA/QC of deliverables prior to submittal to the CITY. Implement a documented QA/QC program in accordance with the ENGINEER's established procedures. D. Attend monthly project progress and coordination meetings with the CITY as required during project development. Deliverables Required of the ENGINEER The ENGINEER will be required to provide the following deliverable items: A. Reproducible white bond paper final set of plan sheets (size 11" X 17") as required by the CITY. Roll plot of schematic with approved alternate design. B. One hard copy and one electronic copy of the Engineer's Estimate of probable construction cost, general notes, and specifications (Project Manual). Electronic copies of deliverables shall be in MS Word or Excel format as appropriate. The Project Manual shall be prepared in accordance with the standard format based on the current bidding documents Rimished by the CITY. Electronic design files in Microstation format. C. Existing and design cross section output in ASCII format, and plotted on 11" x 17" plan sheets. D. Provide the CITY with an electronic version of project General Notes. General Notes, standard specifications, special specifications and special provisions will be created using MS Word using the CITY's templates. Page 11 of 11 EXHIBIT C Work Schedule Attached Behind This Page HDR ENGINEERING,INC. CITY OF ROUND ROCK 10 Oummn Smit 14 M93 e '7 Mar17 Jun OV 1 d S S 4 h 1 115 1aBM0q4Z=7I3[1WT7241l1 5 Ilzifl D1 .- ays MOn 117115 Mon lrrn3! ; i j I , .� PRELIMINARY EIitGINEERINGV 130 days "`Mon 117M3 fAT1511S j - i 1 , , t t I A 26. .__... . .. .^� _._...._ doyi Mon12eM3 FeiMM3 ._._._. - e_.,_..._ _.. ...._._._._... ....w._._._ ._._._. ._. . [ -2J.__..._ ........TRAFFIC ANALYSIS ANDMODEtJNG� SS dsyS` ..Mon if28M1 Fd 4116MS I I _. 2A aNEUW�POYENTGU.ACTERNATNES.. 20d'ayi_...Mons/2DM3� FiIS24M3! { ! __ _._.-_...._3.5._____^.�TECM MEMO AND MEET WI7l17HE GITY-SELECT PREFERRED ALT...._..__-____15 daya.TMon 52TI1�"�`Pd 6%14/11' ; I ', r i � .....--- 0 . t j ! I ! i 1 _.... _PUBUOQUTREACH ajdyK Mon 12EM34 Fd H28/13 - _--. ix -.-_...DEVELOP PGSTSUUIMATE(61.AWscHEMATIGALT _.. _...-25 da" -"Mir A4=M3"-- FdSM1113 .__..21 , __..UT1uTYcoowwATION.. __._ _..._ __._..... __...60days _Mon726113_----N M0113' .. ---- 3 PSbEPACItI(6E�FORNEARTERMIMPROYEIYIENTS- �� � 4-�lDAiys—��Nen?1EI13',�Frill/d113 � , _ .�_i I PREPARE ONEPSdE PACKACI ..`�.. �.� _'� 75 days Mon 7MM3 -- Fd 10!1(!173 i 14 ---3.. PREPARE ROW DOCS FOR ACQUISITION .._._.._ ...._-_��.!_._.'Mon T/Nt9.....�Fd A27n3 ........__..SIGNAL MOaflCAT16N5 DESIGN___..... _...._..__.-. _._..._- .._..._,.-20 d Mon OI2Y71r_....Fd 10M6M3! ! .___._...3.4 ILLUMINAi'iDN DES( GN___ days S Frl tOM6119! � i 17 . . -.-_-......._...__ ... dCyi _..... -. - .. S.S UTILITY COORDINATION 8 RELOCA110NS � SST Mon 61Sl13�� Fil R6M6MS .... ..__--._..._.16 81D PNASE�SERVICE5 ..�,_.15 days•-....Men 10J2V13�u_"Fr111/0/13 ; . _._ A - PROdECTADVER'i1SEMENT,BkdAWARD S+i Mon17M1M3'.- days TAu"t=4{ i ,. .......5 PRECONSTRUCTION MEETING 21dsyi Fd 12sM 4 Fti Z21M4 4" , [ : ; _......6 _CONSTRUcnoNPHASESERVICEB.. -. ..... _.. ..... _.160'deyi.._.Mon2124114"--F410131/14 ! 1 ; I ! ProjOct nNAL 13ATTiS SCHEDULE Tosk Mlbatone ROINd U0 Twk RoW Up Pmwou Einemel Tesks Omp By$ummmy Date; on 10MSM2 Proamse Sumteery ^ Rdw Upm1b mne d Sixk ,,,,,,,,,,,,,,,,,,,,,,,, PfOjoOtSummsry ^ Deodpne .� Pool 011 Mon tOM S/12 �O Sat" �; x w4) U. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000 00 N co (O 00 (O (U OO O O O CO f` Oo O d i N N 00 M CO to In f~ I- r' N c- (O (O CO O (14 LC) N LO M O) M 1~ CO f` 00 (O c7 0 CA F' LO I- OO In c v7 ti 00 N t Lc r- O M c O) O 69 f` W D M r- 69 (Y) M 'r (O N N N 0) 01 }- W- 61? 69 69 60- fA 69 69 69 64 Q)i 61). 6Fc, Lf) 6f> +�+ O o 0 0 0 0 O� O O Q O Q O 0 0 CQ p O Q 0 N N O 00 O O o O Q O Q - p O O Q O O O 63 OD to O toM Ef3 69 604 69 � C5 69 c;^ U� O 4n O O 69 69 Q 6ri N 0 co 6), 69 69i 611} LO O V- NOQ OR O 0 O O Q Q 0 V 0 o o o 0 o C) 0 o o o Q o o 0 0 0 0 0 o 0 o 0 0 a 0 ,c o o Ef} o 69 0 Q o EA 0 t 0 0 69 0 K3 0 0 69 69 0 0 6,? 6f) 0 69 NLO N N Q 69 6H 69 69 N O V ` O O O o 0 O 0 Q 0 O 0 QO 0 0 0 o 0 Q o 0 0 0 0 0 0 0 o 0 o r 0 Q 0 O 00 CD � 0 co 00 o J QD M Il- V M h CO O to M I-- C) I- h M MOD 9 OD T --(O (O M co M O O O' ti M S 0 N 0 o � 69 to 69 co 69 Efi 0)i 6e 69 64i V- 69 N N 643 61j 69 (0 O J 12 =00 p M Q O U') OD Q O (� O OD N N O f� N W O~ N CV O to N r QLf) N ,C t0 J OC C c6 E o U a `0�w fL � � °_ m co Ad d 0 IO p N U a Co 4j U O _ U N fi C ch Q w 0 o ~ t� Q. N, 7 N N C E W co p O U N E p N C E U d D ?' O fl O >, a 0 c p O N m O c0 C a 3 Q C O O +_� O W O N +. m U m o o `) c m Q W c OU o ?-,a 4 >> in > a d a m U a Oaa—o oai r M Nt r 0 sN- Z Y Y Y Y Y Y Y Y Y Y ,L Y Y Y Y Q fA 49 N 49 N N N N N N 47 N N VJ N a7 U' EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE 6nrzot3 DATE/19ZDlY201 10/19/2 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companles, LLC -1 Kansas City 444 W. 47th Street Suite 800 Kansas City MO 64112-1906 (816) 9i�-9000 No No ,L E INSURER A : Harford Fire Insurance Company 19682 INSURED HDR ENGINEERING, INC. 1013472 8404 INDIAN HILLS DRIVE OMAHA Nl=68114-4049 INSURER B: sLPWIFIreeadhinioaLuunnmCompmy 2 767 INSURER C: Sentinel Insurance Company, Ltd. 11000 R D • Zurich American Insurance Company 535 tNSUBKR E F: CnVFRAr.1=-q miwimni RA f_FRTICI1'ATr-M1I Rr.0. 17f117R77 ow,oin►run.,...-... vvvc�wcs THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE A SUa4 POLICYNUMBER POIII Y 6/1/2012 PamIM EXP 6/I/2013 LIMITS A GENERAL LIABILITY W X COLNERCGENERALUABILITY CLABA3 MADE I OCCUR X Contractual l iab. N N 37CSBQUO950 EACH OCCURRENCE 1,000,000 REED P NT 9 1,000000 MED EXP ona son 10,000 PERSONAL& ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2 000 OOO GEML AGGREGATE LIMIT APPLIES PER: POLICY X JE XLOC PRODUCTS - COMPIOP AGG $7,000,000 $ A A A AUTOMOBILE LIABILITY X pspLi pAVy �eD gcHEpuLEo AUTOS AViOS X HIRED AUTOS X AU°iNOS� N N 37CSE UO951 (AOS) 37CSE U0952 (1I 37MCP UI160 (1�A) 6/1/2012 6/1!2012 6/1/2012 6/12013 6/12013 6!(2013 0, tSINGLE LIMIT S 2 000 000 BODILY $ XXXXXXX BODILY INJURY (Per woldea $ XXXXXXX P.OPER M1AGE $ j)XXXX $ 3xxxxxX B X ULIBRELLALIAB EXCESS LIAR I X OCCUR CLAWS -MADE N N ZUP-IOR64094-12-NF (EXCLUDES PROF. LMB) 6/1/2012 6/1/2013 EACH OCCURRENCE s 1,000,000 aGGRECATE $,1,000,000 DED X RETENTIONSO S XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS! LIABILITY YIN VFY, ROPR'"T E,, ARTf6RJFXfiCUlm O andata MEi IIID WDEDI N (FraMatoryin HHI o�se`wrnau of oPER&T otls Ww NIA N 91NVEOHIDOO 7/12012 7/1!1413 E.L EACH ACCIDEHT 1,000,000 .L aWASE-EA MKOYM 1 000 000 EJ- WAEASE- POL I l 000 000 D ARCHS &ENDS PROFF-SSIONAL LIABILTTY N N 60026 -OS 6/12012 6/12013 PER CLAIM' $1,000,000. AGO: $1,000,000. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 4A(tach ACORD 101, Additional Remarks Schedule, If more apace Is required) RE: GATTIS SCHOOL RD & h1AYS WTERSECFION IMPROVEMENTS, PM -GEORGE TILLETT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12037877 AUTHORIZED CITY OF ROUND ROCK ATTENTION: CITY MANAGER 221 EAST MAIN STREET ROUND ROCK TX 78664 I I rXAf0%00Vw1` r Ronald J. Loi 26 (2010105) D 9 8-2010 ACCIKDFORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD