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R-12-12-06-F2 - 12/6/2012RESOLUTION NO. R -12-12-06-F2 WHEREAS, the City of Round Rock desires to retain engineering services for the La Frontera — Phase 2 Project, and WHEREAS, Kennedy Consulting, LTD. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Kennedy Consulting, LTD., 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 Kennedy Consulting, LTD. for the La Frontera — Phase 2 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 6th day of December, 2012. r! ANN MCGRAW, Mayor City of Round Rock, Texas ATTEST: (aw'. KEK/\F- - SARA L. WHITE, City Clerk O:\wdox\SCC1nts\0112\ 1204\MUNICIPAL\00263357.D0C r90UNDR0CK,TEXAS PURPOSERICSION PROSPERITY. EXHIBIT „A„ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KENNEDY CONSULTING, LTD. ("Engineer")_ ADDRESS: 205E University Avenue, Suite 450, Georgetown, TX 78626 PROJECT: La Frontei-a — Phase 2 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 nn tual 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 0199.1247; 00262257 00192831 TX05MNTLP CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Seivices 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 conunenced 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. 7 (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 fiill 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 Three Hundred Twenty -Four Thousand, Five Hundred Fifteen and No/100 Dollars ($324,515.00) as shown in Exhibit D. The hump 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 maybe 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 fiinds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. 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: Bill Stablein Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3237 Fax Number (512) 218-5563 Email Address bstablein@roundrocktexas.gov 2 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: Matt Werner, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 Telephone Number (512) 864-2833 Fax Number (512) 819-9625 Email Address mwerner@kci-itd.eom ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the 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 fltll 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 Lander this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes Rill 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 Contact, 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 conunon 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 pernussion 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 thern 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 Rimish 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 tinder 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 ally responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to 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 termination will be based on a percentage of the Engineering 6 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, mimmum/maximnrl salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall ftimish City with satisfactory proof of his/her/its compliance. Engineer shall fiurther obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused' by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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, cormnission, 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 frill amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) 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 Maui 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 firture 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: Matt Werner, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable un Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services fiunished 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 lie/she has executed this Contract and that he/she has Rill and complete authority to enter into this Contract oil 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, tine City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk Stephan L. Sheets, City Attorney KENNEDY CONSULTING, LTD. By: i nature of Princnpa inted Name: 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services Project Background The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of Parker Road, Kouri Avenue, and Sundance Parkway (the "Project") utilizing the services of Keratedy Consulting, Ltd., (the "Engineer") as the prime consultant. The City will furnish to the Engineer the following information and/or perforin the following tasks for those items for which the City is offering to provide information on file, the City will endeavor to provide items requested by the Engineer that are readily retrievable and germane to the Project as determined by the City at its sole discretion. Any information supplied by the City to the Engineer will consist of a minimum of one copy in a format deemed appropriate by the City at its sole discretion. 1. Provide a Project Manager to serve as the primary point of contact. for the Engineer for the Project. 2. Furnish all applicable data and correspondence the City may have on file for the project. 3. Provide all necessary rights -of -entry needed for survey, geotech, or other engineering tasks that require work outside public right-of-way. 4. Provide existing typical sections, as -built drawings, and right-of-way maps that the City may have on file. 5. Provide any existing survey data the City may have on file for the vicinity of the project. 6. Provide assistance in obtaining information from local, regional, state, and federal agencies, as required. 7. Provide design criteria and approve design speed. 8. Provide timely reviews at predeterntiuted inilestones, decisions and directions necessary according to the agreed upon project schedule (Exhibit C). 9. Meet on an as needed basis to answer questions, provide guidance, and offer comment. 10. Promptly review invoices to City guidelines. EXHIBIT B Engineering Services Project Background The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of Parker Road, Kouri Avenue, and Sundance Parkway (the "Project") utilizing the services of Keluledy Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultult team listed below. This scope of services includes field surveying, subsurface utility engineering (SUE), environmental investigations, geotechnical studies, preliminary roadway improvement studies, final design, and construction engineering to be performed by the prime consultant or subconsultant team. Project Team Subconsultants a. The Wallace Group, Inc. (Field Surveying & Subsu►face Utility Engineering Services) b. Terracon Consultants, Inc. (Geotedurical Studies) C. Cox 1 McLain Environmental Co►rsudting, Irrc. (Envirornnental Investigations) Preliminary Design Task: Data Collection The Engineer shall collect, review and evaluate the following data described below. The Engineer shall inform the City of any disagreement found with the information or documents. a. Record Drawings The Engineer shall contact the City to collect record drawings of the La Frontera Development and any previous Geotechnical Studies. b. Utility Data The Engineer shall contact the City to obtain all available City Utility data. C. Standard Details The Engineer shall utilize the City's current roadway standard details. The Engineer shall also supplement standard details as required utilizing outside sources such as Williamson County, TxDOT, etc. Task: Field Surveying The Engineer will perform a topographic design survey from right-of-way (ROW) to ROW along Parker Road, Kouri Avenue and portions of Sundance Parkway. The scope of these services is defined as follows: a. Project Adrnin l Setup Page 1 of 14 The City shall obtain Rights of Entry (ROE) from the affected landowners along the project route as required. Copies of the signed ROE letters shall be supplied to the Surveyor prior to starting work. Place a utility location request with the "One Call" system for designating of the underground utilities within the project limits. b. Recover Rrrd Varifif Control Utilize CORR primary control monuments in the immediate vicinity of the project. The values will be based on approved existing on-site control or to NAD 83 Texas State Plane Coordinates, Central Zone, 4203 (scaled to surface values). A "combined scale factor" will be derived for the centroid of the site for coordinate conversions to surface values. Vertical Datum will be GPS derived Orthometric heights and projected through the length of the project. C. Secondary Control Traverse Establish a vertical control system for the project. Establish a benchmark system at approximate 1,000 foot intervals within the project limits. Differential level lines will be conducted for establishing the elevation at each benchmark. A list of benclunarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. d. Field Survey Collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation (no greater than 50 foot intervals). Collected data will include curbs, gutters, sidewalks, culverts, and driveways, portions of parking areas, visible utilities and/or "one call" markings, drainage features (including flo,vvIine elevations), striping and any other visible improvements within the defined area. Locate a total of 14 geotechnical boreholes. These will be located after the boreholes have been drilled by the geotechnical subconsultant. These locations will be inserted in the MicroStation DGN drawing and an ASCII file of these locations will be created This scope assumes only trees within the median will be located. Generate a 1 foot contour interval DTM file of the project area. e. Prepare Deliverables Utilize the data collected along the Project corridor in the Field Survey to produce a Microstation 2D, 3D, TIN, DAT, and ASCII point file. Survey field notes and supporting electronic data will be made available upon request or as stated above. Utility contact sheets will be forwarded to the project manager. Page 2 of 14 Task: Subsurface Utility Engineerin The Engineer will provide Subsurface Utility Engineering (SUE) Quality Level D Services as described below. Existing utilities will be mapped to Quality Level D and used to determine potential locations for completing Quality Level A (test hole) services, if necessary. Quality Level A services are included for a limited number / depth of test holes as shown in Exhibit D. Additional cost may be required if the number and/or depth of test holes exceeds that shown. a. Quality Service Level D (QL-D) Utility records for the project area include: primary electric, telephone, fiber optic, gas, water, sanitary sewer and storm drain systems. The Surveyor will collect any additional utility records as necessary for the project. b. Quality Service Level C (QL-C) Field locate and obtain accurate horizontal position of visible utility surface features for all of the utility systems described withal Level D service. The Surveyor will provide all services to the standard of care applicable in the subsurface engineering profession. The services will meet or exceed the standard guidelines of ASCE C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing Subsurface Utility Data". The Surveyor will analyze and correlate all of the field -collected information with the collected record information for ensuring continuity of the information collected. Resolve conflicts with Level D and C information. All information will be correlated to the project's monumentation. Plan sheets (24"x 36") will be prepared. The utilities will be referenced by the type of utility, color coded to American Public Works Association standards, utility company or agency name, address, telephone number and contact person. C. Quality Set -vice Level B (QL-B) Record and mark the horizontal location of the existing toneable utilities and their service laterals to existing ROW using non-destructive surface geophysical techniques. A non - water base paint, utilizing the APWA color code scheme, will be used on all surface markings of uuldergrou nd utilities. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. The Engineer will obtain utility record / as -built information from all utility owners within the project limits. Clearly identify all utilities discovered during the record research investigation but cannot be depicted in quality level B standards. These utilities will have a unique line style and symbology in the designate (Quality Level B) deliverable. Comply with all applicable City/State policy and procedural manuals. Page 3 of 14 d. Quality Service A - Locating (Test Hole) Services Only when and if deemed necessary, Level A Test Holes will be performed for a maximum of 6 test holes. 2 test holes are estimated at between 5 and 8 feet deep, 4 are estimated to be between 0 and 5 feet deep. Locating services will locate the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non-destructive to utilities. In performing locating (test hole) services, the Surveyor will: 1. Provide all equipment, personnel and supplies required to perform locating services. 2. The Surveyor shall determine which equipment, personnel and supplies are required to perforin such services. 3. Utilize existing records and designated utilities at the site and investigate site conditions. 4. Excavate test holes to expose the utility to be measured in such a manner that ensures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, the Surveyor shall comply with applicable utility damage prevention laws and coordinate with utility inspectors, as required. Excavations will be performed using specially developed vacuum excavation equipment that is non- destructive to existing facilities. If contaminated soils are discovered during the excavation process, the Surveyor will so notify the Engineer. 5. Investigate, evaluate, measure and record a) actual depth to top of utility referenced to a marker installed directly above the centerline of the exposed utility structure and b) outside diameter of utility and configuration of non- encased, multi -conduit systems. 6. Furnish and install markers directly above the centerline of utility structure and in each excavated test Bole. 7. Backfill around the exposed facility using the excavated materials. Excavations will be backfilled and compacted in lifts. Compaction will comply with permit requirements. 8. Provide restoration of pavement within limits of original cut. When test holes are excavated in areas other than roadway pavement, these disturbed areas shall be restored as nearly as reasonably possible to the condition that existed prior to excavation. 9. Evaluate and compare field information with utility information described in utility records and resolve conflicts with Level D, C, and A information. Page 4 of 14 Task: TCEO Coordination Based on early non -formal coordination with TCEQ and previous similar construction projects in the area, the work proposed on this project will most likely be considered a non-regulated activity. hi t12is case, there is no requirement to subinit or modify an existing WPAP filed with TCEQ. The Engineer shall coordinate with TCEQ and obtain official confirmation by letter that the proposed work is a lion -regulated activity. If WPAP modification is required it will be performed under supplemental agreement. Task: Environmental Tedinical Memorandum The Engineer will prepare an Environmental Technical Memorandum related to the proposed improvements. This scope of services provides for the preparation of an Environmental Technical Memorandum, and does not include preparation of a NEPA document (CatEx, EA, or EIS) pursuant to the National Environmental Policy Act (NEPA) because no federal fielding is anticipated. a. Cultural Resources -Archeology Project archeologists will conduct limited cultural resource investigations for the project area. Arcluval research will be perfoi7ned in the electronic and mapping files of the Texas Historical Commission (THC) Atlas Sites database, the Texas Archeological Research Laboratory (TARL), and/or any other relevant archives for information on previously recorded sites and historic properties in the vicinity of the project's Area of Potential Effect (APE). The results of this research will be summarized in the Environmental Technical Memorandum. Should new right-of-way be acquired or a known site be identified within the existing right-of-way, a pedestrian archeological survey consistent with THC survey standards could be conducted for an additional scope and fee, if required. b. Water Resources/Waters of the U.S. The Engineer will collect data on surface water streams and other existing water resources. The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the proposed project will be assessed. Potential for impact to groundwater will be evaluated. CMEC wetlands specialists will perform evaluations of wetlands and waters of the U.S. in all areas potentially affected by the proposed project, as appropriate. This task will include a determination of the type of permit (if any) that will be needed from the U.S. Army Corps of Engineers (USACE). The Permit determination will be surrunarized in the Environmental Tecluucal Memorandum. Any 404 permit preparation would be carried out under an additional scope and budget. See also task d. C. Endangered Species Habitat Assesmietit, USFWS coordination Because much of the project area has been cleared and paved, there is a low likelihood for suitable habitat for warbles or vireos, and no presence/absence surveys for listed songbirds are anticipated within the project right-of-way. TPWD occurrence records will be searched in order to identify any known caves or karst invertebrate species within the corridor. No Geologic Assessment and karst feature investigation is included in this fee Page 5 of 14 estimate but could be added, should initial site visits and site data collection by project ecologists indicate the need to further investigate karst features. d. Hazardous Materials A database search of previously recorded hazardous material sites in the project area wilI be conducted and a summary incorporated into the Environmental Technical Memorandum. During field visits, project environmental staff will identify sites within and near the project corridor that may pose a potential hazardous materials risk. A Phase I Environmental Site Assessment is not included in this scope of services, but can be added under an additional scope and budget. Staff will utilize ArcVie-tv 9.2 to prepare graplucs to illustrate existing environmental conditions and potential consequences of this project. Graphics will be included in the Environmental Teclulical Memorandum. Modifications resulting from any substantive changes to project design after submittal of the Environmental Techrd", Memorandum will require an additional scope and fee estimate. e. Exclusions The following tasks are not covered in this scope of work and may or may not be necessary. If deemed necessary, these tasks could be conducted under a separate or supplemental work authorization: 1. Geologic Assessment; excavation of potential karst features, or completion of presence/absence surveys for endangered species, 2. Work extending beyond the specified limits of the project at the time of this work order; 3. Any Section 404 permit preparation or agency correspondence; 4. Section 4(f)/6(f) Statement for parkland impacts, 5. Hazardous materials Phase I & Phase II ESAs; 6. Intensive or reconnaissance historic structures surveys; archeological assessments of eligibility, or management recommendations for any historic structures, 7. Archeological pedestrian survey, site testing, or data recovery; 8. Preparation of a NEPA compliance document (CatEx, EA, or EIS); 9. Additional documentation services requested as a result of a change in environmental regulations from those in practice and acceptable at the time of approval of this work authorization. Page 6 of 14 Task: Geotechnical Studies a. Field Prograirr Based on the proposed construction and our familiarity with the subsurface conditions in the area, we propose to perform fourteen (14) soil test borings along the roadway segments to depths of 5 feet, as outlined below. Nine (9) borings will be performed to a depth of about 5 feet in the portions of the roadway segments that exhibit moderate to severe distress or concentration of distresses. • Five (5) borings 'will be performed in portions of the roadway segments exhibiting low or insignificant distresses for the purpose of comparing pavement section thicknesses and subgrade conditions relative to the distressed areas. Boring depths will be measured from existing grades at the tune of drilling. Sampluig will be u1 general accordance with industry standard procedures wherein Shelby tube samples or split barrel (Standard Penetration Test) samples are obtained. In addition, we will observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. The Engineer plans to subcontract traffic control services to allow for drilling in the roadways with standard truck-molulted equipment. Our drilling activities will require closure of one Iane at all times during our field program. We have estimated two days of traffic control to complete performance of our field services. If additional traffic control services are required, additional charges will apply. We plan to contact the Texas One -Call system to locate underground utilities within public right-of-ways and easements at the site. This proposal does not include services associated with the location of underground utilities on private property. We cannot be responsible for damage to private utilities, which are not made aware to us. The Engineer will take reasonable efforts to reduce damage to the property. We have not budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing field work. The drilling services for this project will be performed by a drilling subcontractor under the Engineer's direction. Our fee is based on the site being accessible to our conventional two wheel drive truck -mourned drilling equipment during normal business hours (09:00 AM through 04::00 PM on weekdays). Additional costs may result if this is not the case. During our drilling operations, vehicle and pedestrian access to those areas (typically a standard lane closure) around the boring will be restricted. Our scope of services does not include location of underground utilities beyond contacting the Texas One -Call (or DigTESS) locate service, which only mark utilities in public easements and right-of-ways. Page 7 of 14 For safety purposes, all borings will be backfilled immediately after their completion with soil auger cuttings. If the borings are located in existing paved areas, the surface of the boreholes will be capped with either cold -patch asphalt or concrete. Excess auger cuttings will be disposed of as per the requirements of the City Controlled Property Permit. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled if necessary. We can provide this service at your request, but this would involve additional costs for supplemental site visits. b. On -Site Visual Reconnaissance The Engineer will perform a viscid reconnaissance of the roadway segments to document pavement condition, distress areas, settlement zones, and observed water seepage areas. C. Review of Utility Plans We plan to review the locations of the uuiderground utilities at the site and compare to the locations of distress documented in an attempt to correlate the possibility of the utility installations impacting the performance of the pavements. d. Laboratory Testing The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer and will include visual classification, moisture content, dry density, grain size analyses, Atterberg limit, and strength tests (unconfined compression), as appropriate. e. Engineering Analysis and Report The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The report will include the following: 1. Computerized boring logs Adth subsurface stratigraphy based on visual classification. 2. Stunmarized laboratory data. 3. Groundwater levels, if observed, during and at completion of drilling. 4. Boring location plan. 5. Subsurface exploration procedures. 6. Encountered subsurface conditions. 7. Observed pavement distress areas. 8. Potential correlations between pavement distress and on-site utilities. 9. Pavement thickness guidelines for replacement pavement sections. Page 8 of 14 10. Pavement rehabilitation options for varying distress conditions observed. 11. Recommended subsurface drainage remedial options, if appropriate. 12. Options for overall overlay of roadway segments. f. Project Meetings In addition to the engineering report, our scope of services includes time for a senior level geotechnical engineer to attend two project meetings with the City of Round Rock to discuss the project. Task: Preliminary Design The Engineer shall perform an initial roadway improvement investigation to determine the limits of reconstruction and rehabilitation, adequate solutions to fix pavement and utility trench failures and control subsurface moisture: a. Roadway Studies The Engineer will perform field 'investigations to identify the areas likely requiring full reconstruction, pavement rehabilitation, and areas requiring a minor overlay or no repair. Additionally, the Engineer will identify those specific driveways and areas of sidewalk along the project requiring reconstruction due to settlement or failtues. The Engineer will recreate in CAD the horizontal chains, profiles, and pavement edges from the record drawings. Using the collected field survey data, the Engineer will compare the surveyed ctubline profiles to the CAD information recreated from the as - built plans. From this comparison, the Engineer will determine any profile discrepancies between the survey field conditions and those recorded in the record drawings. These discrepancies will be compared to the findings of the field investigation, and the limits of proposed reconstruction, pavement rehab, and minor repair will be revised as necessary. b. UtilitylDrainage Investigations The City will record an internal video of the existing storm sewer system and wastewater system (if possible) throughout the project limits, sending a motorized camera through the trunklines, inlets, and laterals. Additionally, the Engineer will field survey elevations of storm sewer and wastewater manhole covers and flowlines outside the limits of the roadbed. The Engineer will analyze the video and field survey information, comparing the data to record drawings, and will attempt to determine the extent of any damage to these City utilities as settlement may have caused the failure of pipe joints, pipe cracking at manholes and inlets, or inverted grades. Where this has occurred, water leaks or ponding in these systems may undermine any proposed reconstruction or rehabilitation work to the pavement, and utilities may require replacement. The Engineer will analyze additional pavement borings drilled within the limits of utility trenches throughout the project. The Engineer will determine the quality of the fill material in the existing utility trenches, and the possible extent of continued settlement and compaction. The Engineer will develop a detail to fix existing and future utility Page 9 of 14 trench failures. Possibilities may include replacement of existing fill material, recompaction, and/or geogrid reinforcement. Utilizing this data, the Engineer will determine limits of utility trench rehabilitation and possible utility replacement. The extent of utility work is unknown and may greatly impact the budget of the proposed project. The Engineer will hold a Utility Coordination meeting with the City to present the utility recommendations, their impacts to the project budget, and determine a preferred course of action to best utilize the construction funds. C. Molstnre Investigations The Engineer will perform field investigations to locate those areas along the project where moisture is evident on the existing pavement. In several locations throughout the project, moisture ponds on the roadway from offsite runoff over curbs or infiltration from beneath the pavement at curb/asphalt joints or median noses. The Engineer will also study the moisture content of previous and proposed pavement borings to determine the possible extents of subsurface moisture. It will likely not be possible to locate the source of all moisture problems, or the location of all utility leaks tuiderneath the pavement structure. However, the Engineer will develop details for pavement underdrains and moisture barriers to place under and adjacent to the roadway and in vegetated medians to slow any infiltration and help drain moisture away from the paveunnent structure. The Engineer will determine appropriate locations to place proposed pavement underdrains and moisture barriers. d. Schematic of Proposed Inprovennents The Engineer will prepare a plan schematic exhibit detailing the limits and extents of the proposed project improvements. The exhibit will include the limits of proposed pavement reconstruction, pavement rehabilitation, curb replacement, driveway reconstructions, drainage/utility reconstruction, proposed pavement underdrains, and utility trench rehabilitation/compaction. Additionally, the Engineer will prepare preliminary details of the proposed adjustments to utility trenches, proposed pavement underdrains, water barriers, and pavement rehabilitation options. e. Pref ninnary Cost Esthnate The Engineer will prepare a preliminary cost estimate itemizing and summing the construction cost of all possible proposed improvements. The Engineer will coordinate with the City to present and analyze the cost/benefit of each proposed improvements to remain within the approved project construction budget. With City consensus, the Engineer will determine the extent of improvements that may be constructed within the available budget, and will prepare a preliminary estimate of the construction cost of the final design. Page 10 of 14 Final Design Task: Roadway Design a. Basic Plan Sheets The Engineer will: 1. Prepare the PS&E Title Sheet. 2. Complete the detailed Index of Sheets that identifies each sheet location in the plan set, as well as its corresponding sheet number. The Engineer will update the Index of Sheets throughout the submittal process to allow for easier reference during the review process. 3. Prepare Project Layout Sheet showing overall project limits. 4. Prepare Survey Control Sheet that clearly indicates the benchmark locations and associated control information. These sheets will later be sealed by a RPLS for submittal. b. Roadway Design The Engnieer will: 1. Develop a Proposed Typical Sections Sheet depicting the proposed rehab pavement sections. The typical sections shall depict the appropriate pavement structure as identified for the severity of the rehab work as recommended by the geoteclulical investigations. 2. Complete an Existing Typical Sections Sheet depicting the existing conditions of the project roadways, according to information provided by the City of Rotund Rock. 3. Complete Roadway Plan and Profile sheets in areas of major roadway reconstruction or curb replacement depicting the proposed construction. Drawings will be prepared at a scale of 1"=40' H and 1"=4' V. Plan and profile sheets will not be created for areas of overlay/resurfacing. 4. The Engineer shall prepare a pavement marking detail sheet. The Engineer shall detail typical permanent and temporary pavement markings and chcuuulelization devices on a typical section. Pavement markings shall be selected from the latest TMUTCD standards. 5. Prepare Intersection Detail sheet showing spot elevations and contours at the intersections of Sundance at Kotui, Sundance at Parker, and Sundance at Driveway 600' east of Parker. 6. Prepare a Curve Data Sheet depicting the horizontal geometric information for the edges of pavement and/or face of curb to be included in the construction plan set. Page 11 of 14 7. Prepare Removal Plan Sheets at a 1"=100' scale. Removal sheets shall clearly indicate pavement and other pertinent items to be removed. 8. Develop Sidewalk rehab limits depicting the proposed sidewalk reconstruction to be shown on the Roadway Plan & Profile Sheets. C. Gradltrg, Draitrage acrd Details The Engineer will: 1. Prepare a Driveway Detail sheet to detail the driveways to be reconstructed along the project corridor. These reconstructed driveways will be defined in a tabular format. 2. Prepare Storm Sewer Profile Sheets for segments of existing storm drainage system proposed to be repaired / replaced. 3. Develop plan sheets displaying temporary erosion control measures to be placed along the project during construction at a 1"=100' scale for coordination with TCEQ. 4. DeveIop Miscellaneous Roadway Detail sheets for the project including pavement underdrains, moisture barriers, utility trench rehabilitation details, etc. The sheets will depict details required that are not defiled in City of Round Rock, Williamson County, or TxDOT standard detail sheets. Task: Miscellaneous a. Quantities The Engineer will tabulate quantities for the following: Earthwork, Roadway, Removals, Pavement markings, and Drainage/Utility related items. b. Traffic Co»trol Platy The Engineer will: 1. Prepare TCP sequence of construction narrative. 2. Prepare TCP phase layout sheets. 3. Prepare TCP detour layout sheets. c. Standards, Specifications, acrd Estitttate The Engineer will: 1. The Engineer will revise and seal any TxDOT, County, or City Standard that requires modification. All other standards will have their title blocks filled out with the applicable project data and printed for inclusion in the final plan set. 2. The Engineer shall provide (signed and sealed) any necessary details required to supplement standard details. 3. Prepare a tabulation of applicable Specifications, Special Specifications and Special Provisions for submission with the final PS&E package. Page 12 of 14 4. Review General Notes provided by the City of Round Rock for applicability to the project. The Engineer will mark-up a set and return it to the City for their inclusion in the final plan set. 5. Prepare a Construction Cost Estimate at the 601/o, 951/.D, and Final PS&E submittal, and supply a copy to the City of Round Rock in Microsoft Excel format. d. Deliverables The Engineer will submit three (3)11" X 17" paper copies at the 60%, and 95% submittal. Final PS&E submittal shall include three (3) 11" X 17" paper copies in addition to the signed, sealed and dated 11" x 17" Final Mylars includuig all supporting documentation and paperwork. The Engineer will subnut all design electronic files as well as a PDF file of the final PS&E package. Task: General Project Management a. General Management The Engineer shall establish and maintain project schedules and budgets, develop monthly progress reports, prepare invoices and meet with the City and other entities on an as needed basis for the duration of the project design. b. Subconsultattt Supervision The Engineer shall establish a schedule for the engineering services to be performed by the subconsultants at the beginning of the project. The Engineer shall be responsible for the coordination, supervision, review and incorporation of the subconsultants' work. C. Project Coordination Meetings General project coordination shall consist of about four meetings. d. Utility Coordination The Engineer shall coordinate with local utility providers with known facilities in the project area. Qualihj Assurame/Quality Control The Engineer shall review all work to assure that the work is u1 accordance with City requirements and that the work is completed in a timely and efficient manner. Page 13 of 14 Construction Engineering & Inspection Task: Construction Engineering a. Bid Phase Services The Engineer will: 1. Prepare the Construction Project Manual and will attend a Pre -Bid Conference and Pre -Construction Meeting. 2. Tabulate bids and prepare a contract award recommendation letter. b. Construction and Material Submittals The Engineer shall review all construction and material submittals for the project. C. Weekly Construction Meetings The Engineer shall attend weekly construction meetings for the duration of project construction. d. Record Drawings The Engineer shall produce record drawings based solely on information, measurements, and mark-ups provided by the contractor and deliver to City of Round Rock Staff. 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Data Collection TCEQ Coordination Geotechnical Studies Preliminary Design Roadway Design Miscellaneous General Project Management $2,820.00 $1,530.00 $2,340.00 $19,340.00 $97,840.00 $74,300.00 $41,235.00 Task: Construction Engineering $26,920.00 KCI FEE SCHEDULE SUMMARY $266,325.00. Task: The Wallace Group, Inc. (WG) Field Surveying $30,700.00 Task: Subsurface Utility Engineering $11,395.00 WG FEE SCHEDULE SUMMARY $42,095.00 $13,595.00 Terracon Consultants, Inc. (TC) Task: Geotechnical Services TC FEE SCHEDULE SUMMARY $13,595.00 Task: Cox(McLain Environmental Consulting, Inc. (CMC) Environmental Technical Memorandum $2,500.00 CMC FEE SCHEDULE SUMMARY $2,500.00 TOTAL FEE $324,515.00 N O O O O O O O O O O O p b O O O O O O O O O O O O P f O OO MA Oa aO} O m O N O N O L N CNO N t N r N t0 N 61 M N N V' h M W N N Vl to 49 (H w M W w to V a: y CIL r r r M O t0 P N N N •- r L O d E o � o n n chi r �r lot N QQQy M _ _ L C O �E 'C o N N o O a 01 0 Q V L r W co O O O CO M N O O d t' r yr C N "' o 0o 0o o co v at ao v v W ao 0% TTL L r C o w bo0 It It N N co co N N M I N Nd H L N N O b O N N N N N w R 0. N O O O O �. a 0 0 cqrn v c y G V O FN O V c N c O C p E" Y W d N d O c a• d O 0d C C O G v 7 (A p1 y p 0 b 2'n `O d V;p O d O 16 C tU4 v U i:, a= V C! C d Q o O V p 0 U F- u U'� 7 w 0. A V d ro a ci v ai p i? N! d H F N h Y y O O O O O O O O O O O O O O O0 Oa O O O O O O C N O C14 I. 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O Q �' .Qy '4 C d d a 7 co L c> T.v0 O 'C a 0O v� L� O 0 _ h d 22 ja µ, J W Ro °/ k 2 k d k k 2 _ a \ G§ M k 2§ q@ j IR / #& 2 2 G \ 2 2 2} ; 0 » '43 { o N o W# o m o o - J — 2 E � k « R k k 2 & 2 $ # ■ # a k ; A [ ƒ § § to k k t i k i 2 1 f §. z a m o # �_ E j co E E) \ x \ § 3 3 R /§ ■ § co 00 wc 7 § a / § § § w B EXHIBIT E Certificates of Insurance Attached Behind This Page ACOR,:® CERTIFICATE OF LIABILITY INSURANCE �/ TE DA11/6I2012Y) 11/6/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 6600 LBJ Freeway, Suite 220 Dallas TX 75240 CONTCT Patrick P McLau hlin PHONE FAX (214) 503-1212 A/c No:(214) 503-8899 EMAIL DDRESS: GENERAL LIABILITY INSURERS AFFORDING COVERAGE twe A INSURERA:Travelers indemnity Company 25658 INSURED Kennedy Consulting, Ltd. Kennedy Consulting, Inc. INSURERS: Sentinel Insurance Co. Ltd 11000 INSURERC:Catlin Insurance Company, Inc. 19518 INSURERD: 205 E. University Ave. Suite 450 Y Georgetown TX 78626 INSURERE: INSURER F. DAMIARENTED PREMISES Eaoccutrence $ 1,000,000 COVERAGES CERTIFICATE NUMBER: cert ID 14198 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IHSR LTR TYPE OF INSURANCEADDLSUBR S O POLICY NUMBER POLICY EFF MMIDD POLICY EXP MIMIDD LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 B X COMMERCIAL GENERAL LIABILITY Y Y 46SBAIP5137 2/11/2012 2/11/2013 DAMIARENTED PREMISES Eaoccutrence $ 1,000,000 CLAIMS -MADE Q OCCUR MED EXP (Any one person $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GENERALAGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG S 2,000,000 $ POLICY X PRO LOC AUTOMOBILE LIABILITY CO)d8iNED SINGLE LIM11T 1,000,000 Ea n BODILY INJURY (Per person) S B X ANYAUTO Y Y 46SBAIP5137 2/11/2012 2/11/2013 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOSX AUTOS X No Owned X Autos. PROPERTY DAMAGE S Per ccient S B X UMBRELLA LIAO X OCCUR Y Y 46SBAIPS137 2/11/2012 2/11/2013 EACH OCCURRENCE $ 61000,000 AGGREGATE $ 6,000,000 EXCESS LIAO CLAIMS -MADE DEO I X I RETENTION$ 10,000 S A WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORMARTNERIEXECUTNEEL. Y UB5536Y649 2/11/2012 2/11/2013 STA OTH X 1FR EACH ACCIDENT S 500,000 OFFICERMIELIBER EXCLUDED? ❑ (Mandatory In NH) N 1 A E.L. DISEASE -EA EMPLOYEE $ 500,000 E.LDISEASE- POLICY LIMIT I S 500,000 Iyes, describe under DESCRIPTIONOFOPERATIONS bataN C Professional Liab. N Y ARD -99195-0213 2/11/2012 2/11/2013 Per Claim/Annual $ 3,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. City of Round Rock 2008 Enterprise Dr Round Rock TX 78664 uu► SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (J4.N�µ Ifli l IAJ W 191JU-:dUIU AGUKU GUKNUKAI IUN. All rigors reserVBu. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 :K, TEXAS City Council Agenda Summary Sheet J PROSPERITY. Agenda Item No. F2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Agenda Caption: Services with Kennedy Consulting, Ltd. for the La Frontera — Phase 2 project. Meeting Date: December 6, 2012 rtment: Transportation Services Staff Person making presentation: Gary Hudder Transportation Director Item Summary: The La Frontera area has suffered from significant roadway failures due to poor soil conditions and water infiltration, which has deteriorated the road bed in many areas. The result has been an extraordinarily rough ride for people traveling the area, not to mention a safety and recurring maintenance problem. The La Frontera - Phase 1 project rebuilt almost all of La Frontera Boulevard and Hester's Crossing Boulevard. The engineering consultant on this project was Kennedy Consulting, Inc. (KCI). This engineering contract, also with Kennedy Consulting will design the improvements for the remaining streets in La Frontera, including Sundance Parkway, Kouri Drive and Parker Drive. Completion of these street improvements will return the roadways in La Frontera to an acceptable level, thus ensuring that this area will continue to be a strong business and economic generator for our City. Kennedy Consulting was selected because of their strong performance on the Phase 1 project, and because their prior experience will allow them to execute the project more quickly and at a cost savings to the City. Cost: $324,515.00 Source of Funds: Type B Corporation Recommended Action: Approval w � cl � IROUNI) ROCK, TEXAS PURPOSE PASSION PROSPERMY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KENNEDY CONSULTING, LTD. ("Engineer') ADDRESS: 205 E. University Avenue, Suite 450, Georgetown, TX 78626 PROJECT: La Frontera — Phase 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the a* day of MIAVt - , 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., Govermnent 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 acid 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 0199.1247;00262257 00192831 TX05MNTLF CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that constriction 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 Seivices required under this Contract in a professional manner. K (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 Three Hundred Twenty -Four Thousand, Five Hundred Fifteen and No/100 Dollars ($324,515.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced maybe 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. HCl ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3237 Fax Number (512) 218-5563 Email Address bstablein@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: Matt Werner, PE Project Manager 205 E'University Avenue, Suite 450 Georgetown, TX 78626 Telephone Number (512) 864-2833 Fax Number (512) 819-9625 Email Address mwerner@kci-itd.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 Set -vices may be reinstated and resumed in fitll 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, lie/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 pails 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. SUCK 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 terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes Rill execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment penduig verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall fiirnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to 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 termination will be based on a percentage of the Engineering Z 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, minimurn/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall f imish City with satisfactory proof of his/her/its compliance. Engineer shall fiurther obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire teen while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each Insurance policy shall include the following conditions by endorsement to the policy: (a) 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 Maui 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: Matt Werner, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services 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 lie/she has executed this Contract and that he/she has Rill 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 patties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF KIJND , RO K, TEXAS AP VED AS TO ORM: By: / I 0%4Alan eGraw, Mayor pas L. Sheets, City Attorney ATTEST: By: Sara L. White, City Clerk KENNEDY CONSULTING, LTD. By: J , &��- " SVnted iature of Principa P Name: 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services Project Background The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of Parker Road, Kouri Avenue, and Sundance Parkway (the "Project") utilizing the services of Keiniedy Consulting, Ltd., (the "Engineer') as the prime consultant. The City will furnish to the Engineer the following information and/or perform the following tasks for those items for which the City is offering to provide information on file, the City will endeavor to provide items requested by the Engineer that are readily retrievable and germane to the Project as determined by the City at its sole discretion. Any information supplied by the City to the Engineer will consist of a minimum of one copy in a format deemed appropriate by the City at its sole discretion. 1. Provide a Project Manager to serve as the primary point of contact for the Engineer for the Project. 2. Furnish all applicable data and correspondence the City may have on file for the project. 3. Provide all necessary rights -of -entry needed for survey, geotech, or other engineering tasks that require work outside public right-of-way. 4. Provide existing typical sections, as -built drawings, and right-of-way maps that the City may have on file. 5. Provide any existing survey data the City may have on file for the vicinity of the project. 6. Provide assistance in obtaining information from local, regional, state, and federal agencies, as required. 7. Provide design criteria and approve design speed. 8. Provide timely reviews at predetermined milestones, decisions and directions necessary according to the agreed upon project schedule (Exhibit C). 9. Meet on an as needed basis to answer questions, provide guidance, and offer comment. 10. Promptly review invoices to City guidelines. EXHIBIT B Engineering Services Project Background The City of Round Rock (the "City") proposes rehabilitation and reconstruction of portions of Parker Road, Kouri Avenue, and Sundance Parkway (the "Project") utilizing the services of Kennedy Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultant team listed below. This scope of services .includes field surveying, subsurface utility engineering (SUE), environmental investigations, geotechnical studies, preliminary roadway improvement studies, final design, and constriction enguieerhig to be performed by the prime consultant or subconsultant team. Project Team Subconsultants a. Tire Wallace Grotip, Inc. (Field Surveying & Subsin face Utility Engineering Services) b. Terracon Consultants, Inc. (Geoteclntical Studies) C. Col 1McLain Envtronntental Constdting, Inc. (Environmental Investigations) Preliminary Design Task: Data Collection The Engineer shall collect, review and evaluate the following data described below. The Engineer shall inform the City of any disagreement found with the information or documents. a. Record Drazoings The Engineer shall contact the City to collect record drawings of the La Frontera Development and any previous Geotechnical Studies. lr. Utility Data The Engineer shall contact the City to obtain all available City Utility data. C. Standard Details The Engineer shall utilize the City's current roadway standard details. The Engineer shall also supplement standard details as required utilizing outside sources such as Williamson County, TxDOT, etc. Task: Field Surveying The Engineer Krill perform a topographic design survey from right-of-way (ROW) to ROW along Parker Road, Kouri Avenue and portions of Sundance Parkway. The scope of these services is defined as follows: a. Project Admin l Setup Page 1 of 14 The City shall obtain Rights of Entry (ROE) from the affected landowners along the project route as required. Copies of the signed ROE letters shall be supplied to the Surveyor prior to starting work. Place a utility location request with the "One Call" system for designating of the underground utilities within the project limits. b. Recover errd Varrf l Corrtrol Utilize CORR primary control monuments in the immediate vicinity of the project. The values will be based on approved existing on-site control or to NAD 83 Texas State Plane Coordinates, Central Zone, 4203 (scaled to surface values). A "combined scale factor" will be derived for the centroid of the site for coordinate conversions to surface values. Vertical Datum will be GPS derived Orthometric heights and projected through the length of the project. C. Secondary Corrtrol Traverse Establish a vertical control system for the project. Establish a benchmark system at approximate 1,000 foot intervals within the project limits. Differential level lines will be conducted for establishing the elevation at each benchmark. A list of benclunarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. d. Field Survey Collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation (no greater than 50 foot intervals). Collected data will include curbs, gutters, sidewalks, culverts, and driveways, portions of parking areas, visible utilities and/or "one call" markings, drainage features (including flowline elevations), striping and any other visible improvements within the defined area. Locate a total of 14 geotechnical boreholes. These will be located after the boreholes have been drilled by the geotecluiical subconsultant. These locations will be inserted in the MicroStation DGN drawing and an ASCII file of these locations will be created Thus scope assumes only trees within the median will be located. Generate a 1 foot contour interval DTM file of the project area. e. Prepare Deliverables Utilize the data collected along the Project corridor in the Field Survey to produce a Microstation 2D, 3D, TIN, DAT, and ASCII point file. Survey field notes and supporting electronic data will be made available upon request or as stated above. Utility contact sheets will be forwarded to the project manager. Page 2 of 14 Task: Subsurface Utility Engineering The Engineer will provide Subsurface Utility Engineering (SUE) Quality Level D Services as described below. Existing utilities will be mapped to Quality Level D and used to determine potential locations for completing Quality Level A (test hole) services, if necessary. Quality Level A services are included for a limited number / depth of test holes as shown in Exhibit D. Additional cost may be required if the number and/or depth of test holes exceeds that shown. a. Quality Service Level D (QL-D) Utility records for the project area include: primary electric, telephone, fiber optic, gas, water, sanitary sewer and storm drain systems. The Surveyor will collect any additional utility records as necessary for the project. b. Quality Service Level C (QL-C) Field locate and obtain accurate horizontal position of visible utility surface features for all of the utility systems described within Level D service. The Surveyor will provide all services to the standard of care applicable in the subsurface engineering profession. The services will meet or exceed the standard guidelines of ASCE C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing Subsurface Utility Data". The Surveyor will analyze and correlate all of the field -collected information with the collected record information for ensuring continuity of the information collected. Resolve conflicts with Level D and C information. All information will be correlated to the project's montunentation. Plan sheets (24"x 36") will be prepared. The utilities will be referenced by the type of utility, color coded to American Public Works Association standards, utility company or agency name, address, telephone number and contact person. C. Quality Service Level B (QL-B) Record and mark the horizontal location of the existing toneable utilities and their service laterals to existing ROW using non-destructive surface geophysical techniques. A non - water base paint, utilizing the APWA color code scheme, will be used on all surface markings of underground utilities. Correlate utility owner records with designating data and resolve discrepancies using professional judgment. The Engineer will obtain utility record / as -built information from all utility owners within the project limits. Clearly identify all utilities discovered during the record research investigation but cannot be depicted in quality level B standards. These utilities will have a unique line style and symbology in the designate (Quality Level B) deliverable. Comply with all applicable City/State policy and procedural manuals. Page 3 of 14 d. Qualify Service A - Locating (Test Hole) Services Orly when and if deemed necessary, Level A Test Holes will be performed for a maximum of 6 test holes. 2 test holes are estimated at between 5 and 8 feet deep, 4 are estimated to be between 0 and 5 feet deep. Locating services will locate the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non-destructive to utilities. In performing locating (test hole) services, the Surveyor will: 1. Provide all equipment, persorunel and supplies required to perform locating services. , 2. The Surveyor shall determine which equipment, personnel and supplies are required to perfonn such services. 3. Utilize existing records and designated utilities at the site and investigate site conditions. 4. Excavate test holes to expose the utility to be measured in such a manner that ensures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, the Surveyor shall comply with applicable utility damage prevention laws and coordinate with utility inspectors, as required. Excavations will be performed using specially developed vacuum excavation equipment that is non- destructive to existing facilities. If contvninated soils are discovered during the excavation process, the Surveyor will so notify the Engineer. 5. Investigate, evaluate, measure and record a) actual depth to top of utility referenced to a marker installed directly above the centerline of the exposed utility structure and b) outside diameter of utility and configuration of non- encased, multi -conduit systems. 6. Furnish and 'install markers directly above the centerline of utility structure and in each excavated test hole. 7. Backfill around the exposed facility using the excavated materials. Excavations will be backfilled and compacted in lifts. Compaction will comply with permit requirements. 8. Provide restoration of pavement within limits of original cut. When test holes are excavated in areas other than roadway pavement, these disturbed areas shall be restored as nearly as reasonably possible to the condition that existed prior to excavation. 9. Evaluate and compare field 'information with utility information described in utility records and resolve conflicts with Level D, C, and A information. Page 4 of 14 Task: TCEQ Coordination Based on early non -formal coordination with TCEQ and previous similar construction projects in the area, the work proposed on this project will most likely be considered a non-regulated activity. In this case, there is no requirement to submit or modify an existing WPAP filed with TCEQ. The Engineer shall coordinate with TCEQ and obtain official confirmation by letter that the proposed work is a non-regulated activity. If WPAP modification is required it will be performed under supplemental agreement. Task: Environmental Technical Memorandum The Engineer will prepare an Environmental Technical Memorandum related to the proposed improvements. This scope of services provides for the preparation of an Environmental Technical Memorandum, and does not include preparation of a NEPA document (CatEx, EA, or EIS) pursuant to the National Environmental Policy Act (NEPA) because no federal funding is anticipated. Cultural Resources -Archeology Project archeologists will conduct limited cultural resource investigations for the project area. Archival research will be performed in the electronic and mapping files of the Texas Historical Commission (THC) Atlas Sites database, the Texas Archeological Research Laboratory (TARL), and/or any other relevant archives for information on previously recorded sites and historic properties in the vicinity of the project's Area of Potential Effect (APE). The results of this research will be summarized in the Environmental Technical Memorandum. Should new right-of-way be acquired or a known site be identified within the existing right-of-way, a pedestrian archeological survey consistent with THC survey standards could be conducted for an additional scope and fee, if required. b. Water Resotirces/Waters of the U.S. The Engineer will collect data on surface water streams and other existing water resources. The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the proposed project will be assessed. Potential for impact to groundwater will be evaluated. CMEC wetlands specialists will perform evaluations of wetlands and waters of the U.S. in all areas potentially affected by the proposed project, as appropriate. This task will include a determination of the type of permit (if any) that will be needed from the U.S. Army Corps of Engineers (USACE). The Permit determination will be stunmarized in the Enviroiunental Technical Memorandum. Any 404 permit preparation would be carried out under an additional scope and budget. See also task d. C. Endangered Species Habitat Assessmetit, USFWS coordhiatiott Because much of the project area has been cleared and paved, there is a low likelihood for suitable habitat for warbles or vireos, and no presence/absence surveys for listed songbirds are anticipated within the project right-of-way. TPWD occurrence records will be searched in order to identify any known caves or karst invertebrate species within the corridor. No Geologic Assessment and karst feature investigation is included in this fee Page 5 of 14 estimate but could be added, should initial site visits and site data collection by project ecologists indicate the need to further investigate karst features. d. Hazardous Materials A database search of previously recorded hazardous material sites in the project area will be conducted and a summary incorporated into the Environmental Technical Memorandum. During field visits, project environmental staff will identify sites within and near the project corridor that may pose a potential hazardous materials risk. A Phase I Environmental Site Assessment is not included in this scope of services, but can be added under an additional scope and budget. Staff will utilize ArcView 9.2 to prepare graphics to illustrate existing environmental conditions and potential consequences of this project. Graphics will be included in the Environmental Technical Memorandum. Modifications resulting from any substantive changes to project design after submittal of the Environmental Tech ical Memorandum will require an additional scope and fee estimate. e. Exclusions The following tasks are not covered in this scope of work and may or may not be necessary. If deemed necessary, these tasks could be conducted under a separate or supplemental work authorization: 1. Geologic Assessment; excavation of potential karst features, or completion of presence/absence surveys for endangered species; 2. Work extending beyond the specified limits of the project at the time of this work order; 3. Any Section 404 permit preparation or agency correspondence, 4. Section 4(f)/6(f) Statement for parkland impacts; 5. Hazardous materials Phase I & Phase II ESAs; 6. Intensive or reconnaissance historic structures surveys; archeological assessments of eligibility, or management recommendations for any historic structures; 7. Archeological pedestrian survey, site testing, or data recovery; 8. Preparation of a NEPA compliance document (CatEx, EA, or EIS); 9. Additional documentation services requested as a result of a change in environmental regulations from those in practice and acceptable at the time of approval of this work authorization. Page 6 of 14 Task: Geotechnical Studies a. Field Program Based on the proposed construction and our familiarity with the subsurface conditions in the area, we propose to perform fourteen (14) soil test borings along the roadway segments to depths of 5 feet, as outlined below. • Nine (9) borings will be performed to a depth of about 5 feet in the portions of the roadway segments that exhibit moderate to severe distress or concentration of distresses. • Five (5) borings will be performed in portions of the roadway segments exhibiting low or insignificant distresses for the purpose of comparing pavement section thicknesses and subgrade conditions relative to the distressed areas. Boring depths will be measured from existing grades at tine tune of drilling. Sampling will be in general accordance with industry standard procedures wherein Shelby tube samples or split barrel (Standard Penetration Test) samples are obtained. In addition, we will observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. The Engineer plans to subcontract traffic control services to allow for drilling in the roadways with standard truck -mounted equipment. Our drilling activities will require closure of one Iane at all tunes during our field program. We have estimated two days of traffic control to complete performance of our field services. If additional traffic control services are required, additional charges will apply. We plan to contact the Texas One -Call system to locate underground utilities within public right-of-ways and easements at the site. This proposal does not include services associated with the location of underground utilities on private property. We calnnnot be responsible for damage to private utilities, which are not made aware to its. The Engineer will take reasonable efforts to reduce damage to the property. We have not budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing field work. The drilling services for this project will be performed by a drilling subcontractor under the Engineer's direction. Our fee is based on the site being accessible to our conventional two wheel drive truck -mounted drilling equipment during normal business hours (09:00 AM through 04:00 PM on weekdays). Additional costs may result if this is not the case. During our drilling operations, vehicle and pedestrian access to those areas (typically a standard lane closure) around the boring will be restricted. Our scope of services does not include location of underground utilities beyond contacting the Texas One -Call (or DigTESS) locate service, which only mark utilities in public easements and right-of-ways. Page 7 of 14 For safety purposes, all borings will be backfilled immediately after their completion with soil auger cuttings. If the borings are located in existing paved areas, the surface of the boreholes will be capped with either cold -patch asphalt or concrete. Excess auger cuttings will be disposed of as per the requirements of the City Controlled Property Permit. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled if necessary. We can provide this service at your request, but this would involve additional costs for supplemental site visits. b. Olt -Site Visual Recomwissattce The Engineer will perform a visual reconnaissance of the roadway segments to document pavement condition, distress areas, settlement zones, and observed water seepage areas. C. Reviezu of Utility Plans We plan to review the locations of the undergrourid utilities at the site and compare to the Iocations of distress documented in an attempt to correlate the possibility of the utility installations impacting the performance of the pavements. d. Laboratory Testing The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer and will include visual classification, moisture content, dry density, grain size analyses, Atterberg limit, and strength tests (unconfined compression), as appropriate. e. Eugitteerittg Aualiisis attd Report The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. Tlne report will include the following: 1. Computerized boring logs with subsurface stratigraphy based on visual classification. 2. Sturunarized laboratory data. 3. Groundwater levels, if observed, during and at completion of drilling. 4. Boring location plan. 5. Subsurface exploration procedures. b. Encountered subsurface conditions. 7. Observed pavement distress areas. 8. Potential correlations between pavement distress and on-site utilities. 9. Pavement thickness guidelines for replacement pavement sections. Page 8 of 14 10. Pavement rehabilitation options for varying distress conditions observed. 11. Recommended subsurface drainage remedial options, if appropriate. 12. Options for overall overlay of roadway segments. f. Project Meetbigs Ili addition to the engineering report, our scope of services includes time for a senior Ievel geotechnical engineer to attend two project meetings with the City of Round Rock to discuss the project. Task: Preliminary Design The Engineer shall perform an initial roadway improvement investigation to determine the limits of reconstruction and rehabilitation, adequate solutions to fix pavement and utility trench failures and control subsurface moisture: a. Roadway Shidies The Engineer will perform field investigations to identify the areas likely requiring full reconstruction, pavement rehabilitation, and areas requiring a minor overlay or no repair. Additionally, the Engineer will identify those specific driveways and areas of sidewalk along the project requiring reconstruction due to settlement or failures. The Engineer will recreate in CAD the horizontal chains, profiles, and pavement edges from the record drawings. Using the collected field survey data, the Engineer will compare the surveyed curbline profiles to the CAD information recreated from the as - built plans. From this comparison, the Engineer will determine any profile discrepancies between the survey field conditions and those recorded in the record drawings. These discrepancies will be compared to the findings of the field investigation, and the limits of proposed reconstruction, pavement rehab, and minor repair will be revised as necessary. b. utilitylDraittage Ittvestigatiotrs The City will record an internal video of the existing storm sewer system and wastewater system (if possible) throughout the project limits, sendu1g a motorized camera through the trunklines, inlets, and laterals. Additionally, the Engineer will field survey elevations of storm sewer and wastewater manhole covers and flowlines outside the limits of the roadbed. The Engineer will analyze the video and field survey information, Comparing the data to record drawings, and will attempt to determine the extent of any damage to these City utilities as settlement may have caused the failure of pipe joints, pipe cracking at manholes and inlets, or inverted grades. Where this has occurred, water leaks or ponding in these systems may undermine any proposed reconstruction or rehabilitation work to the pavement, and utilities may require replacement. The Engineer will analyze additional pavement borings drilled within the limits of utility trenches throughout the project. The Engineer will determine the quality of the fill material in the existing utility trenches, and the possible extent of continued settlement and compaction. The Engineer will develop a detail to fix existing and future utility Page 9 of 14 trench failures. Possibilities may include replacement of existing fill material, recompaction, and/or geogrid reinforcement. Utilizing this data, the Engineer will determine limits of utility trench rehabilitation and possible utility replacement. The extent of utility work is unknown and may greatly impact the budget of the proposed project. The Engineer will hold a Utility Coordination meeting with the City to present the utility recommendations, their impacts to the project budget, and determine a preferred course of action to best utilize the construction funds. C. Moisture Lrvestigatioits The Engineer will perform field investigations to locate those areas along the project where moisture is evident on the existing pavement. In several Iocations throughout the project, moisture ponds on the roadway from offsite runoff over curbs or infiltration from beneath the pavement at curb/asphalt joints or median noses. The Engineer will also study the moisture content of previous and proposed pavement borings to determine the possible extents of subsurface moisture. It will likely not be possible to locate the source of all moisture problems, or the location of all utility leaks tuiderneath the pavement structure. However, the Engineer will develop details for pavement underdrains and moisture barriers to place under and adjacent to the roadway and in vegetated medians to slow any infiltration and help drain moisture away from the pavement structure. The Engineer will determine appropriate locations to place proposed pavement underdrains and moisture barriers. d. Sc1re»tatic of Proposed Nprove?mirts The Engineer will prepare a plan schematic exhibit detailing the limits and extents of the proposed project improvements. The exhibit will include the limits of proposed pavement reconstruction, pavement rehabilitation, curb replacement, driveway reconstructions, drainage/utility reconstruction, proposed pavement underdrains, and utility trench rehabilitation/counpaction. Additionally, the Engineer will prepare preliminary details of the proposed adjustments to utility trenches, proposed pavement underdrains, water barriers, and pavement rehabilitation options. e. Preliruirrary Cost Estimate The Engineer will prepare a preliminary cost estimate itemizing and summing the construction cost of all possible proposed improvements. The Engineer will coordinate with the City to present and analyze the cost/benefit of each proposed improvements to remain within the approved project construction budget. With City consensus, the Engineer will determine the extent of ilnprovements that may be constructed within the available budget, and will prepare a preliminary estimate of the construction cost of the final design. Page 10 of 14 Final Design Task: Roadway Design a. Basic Plaii Streets The Engineer will: 1. Prepare the PS&E Title Sheet. 2. Complete the detailed Index of Sheets that identifies each sheet location in the plan set, as well as its corresponding sheet number. The Engineer will update the Index of Sheets throughout the submittal process to allow for easier reference during the review process. 3. Prepare Project Layout Sheet showing overall project limits. 4. Prepare Survey Control Sheet that clearly indicates the benchmark locations and associated control irtformation. These sheets will Iater be sealed by a RPLS for submittal. b. Roadway Design The Engineer will: 1. Develop a Proposed Typical Sections Sheet depicting the proposed rehab pavement sections. The typical sections shall depict the appropriate pavement structure as identified for the severity of the rehab work as recommended by the geoteclu-tical investigations. 2. Complete an Existing Typical Sections Sheet depicting the existing conditions of the project roadways, according to information provided by the City of Rotund Rock. 3. Complete Roadway Plan and Profile sheets in areas of major roadway reconstruction or curb replacement depicting the proposed construction. Drawings will be prepared at a scale of 1"=40' H and 1"=4' V. Plan and profile sheets will not be created for areas of overlay/resurfacing. 4. The Engineer shall prepare a pavement marking detail sheet. The Engineer shall detail typical permanent and temporary pavement markings and charulelization devices on a typical section. Pavement markings shall be selected from the latest TMUTCD standards. 5. Prepare Intersection Detail sheet showing spot elevations and contours at the intersections of Stuidance at Kouri, Sundance at Parker, and Sundance at Driveway 600' east of Parker. 6. Prepare a Curve Data Sheet depicting the horizontal geometric information for the edges of pavement and/or face of curb to be included in the construction plan set. Page 11 of 14 7. Prepare Removal Plan Sheets at a 1"=100' scale. Removal sheets shall clearly indicate pavement and other pertinent items to be removed. 8. Develop Sidewalk rehab limits depicting the proposed sidewalk reconstruction to be shown on the Roadway Plan & Profile Sheets. C. Graditig, Drainage and Details The Engineer will: 1. Prepare a Driveway Detail sheet to detail the driveways to be reconstructed along the project corridor. These reconstructed driveways will be defined in a tabular format. 2. Prepare Storm Sewer Profile Sheets for segments of existing storm drainage system proposed to be repaired / replaced. 3. Develop plan sheets displaying temporary erosion control measures to be placed along the project during construction at a 1"=100' scale for coordination with TCEQ. 4. Develop Miscellaneous Roadway Detail sheets for the project including pavement underdrains, moisture barriers, utility trench rehabilitation details, etc. The sheets will depict details required that are not defined in City of Round Rock, Williamson County, or TxDOT standard detail sheets. Task: Miscellaneous a. Qirarrtities The Engineer will tabulate quantities for the following: Earthwork, Roadway, Removals, Pavement markings, and Drainage/Utility related items. b. Traffic Control Plan The Engineer will: 1. Prepare TCP sequence of construction narrative. 2. Prepare TCP phase layout sheets. 3. Prepare TCP detour layout sheets. c. Standards, Specifications, acid Estimate The Engineer will: 1. The Engineer will revise and seal any TxDOT, County, or City Standard that requires modification. All other standards will have their title blocks filled out with the applicable project data and printed for inclusion in the final plan set. 2. The Engineer shall provide (signed and sealed) any necessary details required to supplement standard details. 3. Prepare a tabulation of applicable Specifications, Special Specifications and Special Provisions for submission with the final PS&E package. Page 12 of 14 4. Review General Notes provided by the City of Round Rock for applicability to the project. The Engineer will mark-up a set and return it to the City for their inclusion in the final plan set. 5. Prepare a Construction Cost Estimate at the 60%, 95%, and Final PS&E submittal, and supply a copy to the City of Round Rock in Microsoft Excel format. d. Deliverables The Engineer will submit three (3)11" X 17" paper copies at the 60%, and 95% submittal. Final PS&E submittal shall include three (3) 11" X 17" paper copies in addition to the signed, sealed and dated 11" x 17" Final Mylars including all supporting documentation and paperwork. The Engineer will submit all design electronic files as well as a PDF file of the final PS&E package. Task: General Project Management a. General Management The Engineer shall establish and maintain project schedules and budgets, develop monthly progress reports, prepare invoices and meet with the City and other entities on an as needed basis for the duration of the project design. b. SUbconsnitant Snllervis oti The Engineer shall establish a schedule for the engineering services to be performed by the subconsultants at the beginning of the project. The Engineer shall be responsible for the coordination, supervision, review and incorporation of the subconsultants' work. C. Project Coordination Meetings General project coordination shall consist of about four meetings. d. Utility Coordination The Engineer shall coordinate with local utility providers with known facilities in the project area. e. Quality Assurance/Quality Control The Engineer shall review all work to assure that the work is in accordance with City requirements and that the work is completed in a timely and efficient manner. Page 13 of 14 Construction Engineering& Inspection Task: Construction Engineering a. Bid Phase Services The Engineer will: 1. Prepare the Construction Project Manual and will attend a Pre -Bid Conference and Pre -Construction Meeting. 2. Tabulate bids and prepare a contrad award recommendation letter. 17. Corrstrrtction and Material Srrb7nittals The Engineer shall review all construction and material submittals for the project. C. Weekhy Construction Meetings The Engineer shall attend weekly construction meetings for the duration of project Construction. d. Record Drazvings The Engineer shall produce record drawings based solely on information, measurements, and mark-ups provided by the contractor and deliver to City of Round Rock Staff. Page 14 of 14 U t j } l Y L Q d 'f M-MMMMM:M MMVMMM MMMM(M- M� M M M CO M�M V M_ M_ M M_ V.V VV !� KS �'Ca tf�r n� ta'Of.� r fa r(\C M f�\Q r-� ��\-• h \ NC�. (�:nM n r � r,� r r.` �j �- 'O� r:� r._� 3 �rV a � `�N �V a O r'fC`tO .0 •C •C� SIO r•c3nnn�r•C •C�plr!" r rrr _r r rr 0 � O'tL.LL LL LL:LE U. LL; O V=„:LE 11 LE tl LL....LL.LL t1.l1 LL (L C U-1 C LL O C co O O�; O M M M.M Cl) 'M M M � Cl) CO:M M M M M M 2 M�M lhM M' M � M. M M Cl) C.) M M M M'M,M V V:V \ \ \ \ r. \ \ \ \ 1 \ 1 , 'a-4 ��er- H7a ^ A n:r �.01 V7 01 aS ZO4 c0 C.0 � ` r r r C.i7'. ^ n'. aD r -C r,,,`Lrr Crrr O C,�1 C'C C C C: - C,C 0 CiC-011;0'0,0 O.�.LL 0 O 0000;0 CC C O rei v vM'; l + ,v -ova r O O p O 0 SIC.'t� MSLA O tA' � O LO,O tO O 1O to O �p O O O O--0 0 0 0 t� r.(O N M'N M t0 N.tD Y N' r .�-• r "r N.r 1A N r N O. N N C ) 3. cc 5 S N C qp� tin 0.0U' LU - 1�8 .�.Ci` !C:U p 0� p., O O C.w Z C \ Ei`= �:w N w' kslUp Ol it, ~ rnrn�ii�'w:t�i{ ` eLL a:Yt ¢`0Oa r t9w _ 'buy ao°�; �° �� Im .o'L')' JIB:0. to Y: p LLo0: Intl wu`iisii.u).v)tLUzWobi' ii a OV, z au. v 10, EXHIBIT D Fee Schedule Description of Work or Task Cost/ TaskTotals Task: Task: Task: Task: Task: Task: Task: Task: Kennedy Consulting, Ltd. Data Collection _. _.....--. TCEQ Coordination Geotechnical Studies Preliminary Design Roadway Design Miscellaneous General Project Management Construction Engineering $2,820.00 - - _ $1,530.00 $2,340.00 $19,340.00 $97,840.00 $74,300.00 $41,235.00 $26,920.00 KCI FEE SCHEDULE SUMMARY $266,325.00 Task: Task: The Wallace Group, Inc. (WG) Field Surveying Subsurface Utility Engineering $30,700.00 $11,395.00 WG FEE SCHEDULE SUMMARY $42,095.00 $13,595.00 Terracon Consultants, Inc. (TC) Task: Geotechnical Services TC FEE SCHEDULE SUMMARY $13,595.00 Task: CoxiMcLain Environmental Consulting, Inc. (CMC) Environmental Technical Memorandum $2,500.00 CMC FEE SCHEDULE SUMMARY $2,500.00 TOTAL FEE $324,515.00 Qq @g k \ / & ® 0 2 § $ k § k k § \fo 40 � � w Kn# ) � � -_ o n _� �_ L � C-11 � o , k ) R o a=_$ 2 2to _ c k k§ ^ IN - - - k e8� m § e )_ § co e Do co� v v © m 2 0 3 c q_ m � * N N a 4 co o @c3l N _ N Cq � � � t j k /k § § ■ £ � t ° § u ° A 0 2 u E \ ■ c. a k k / / k 0 E § \ |- k & § w .Ew o t 65§ ) 9 R 7 a R o 2. k . R] f o B ° o M 7 k ) e a:■ § # § to « (L 0 R 2 k k k k C O i7 ro u N t/! ro V OO O r C ro 0 ro E E 3 N N W O O O O O O O O Q O O O O 0 O O O O C, O O g Oo O O O O O O O O O H O O CC.p O O C C O O o O o C O G C O C O ~ 0 i� is w in w H w U � N w14 H O N co V �W�yy ONI M N O a O M O b L H C U � Q U w L w � p cc, C W tom O W N 4v W N V t0 •- M W `- t0 '-N o W tW0 N w H L N o O ,� ,Q t0 e- O W N t J N r tp O �t w O N n co W O W W O N G 0. H f x � 'C r N W t+l N �t N N N W N N W co v O w v L L T d C O JS O O N > N to 07 o Q 10 z cg' x '3 � C a d E � y 0 d yy� Q L N N o g ° a ° V% tU N � � � a m M 0. y CO ro m c� E �' E o 0 C3 a a v L `� too « a' d 5 c' S i a cUi v v v tt�i y m cs Lu C7 0 1- o td A ci td A d v N j I F % § \ $ o / 0 § 0 ) § § ) $ ) o §) \ - § S ui ■ 2#\ 4 g k# A k K k %to m q n 2 G R S & k o $ ] J 2 2 _ c* ° $ ) ] $ w � ■ § t x J ) ° _ cq to N 46 _ 2 C % § s a - e ] a I 44 � � § co � k � a � k a § Ebe a f M ` t & © k £ ƒ ° ° f c k ® 2 § R 'a \ R k f I■ 2) R a IL ) k a i§ a a I k# 2 $ d -d 6 2 Id u-6 n / m C3 § 'om § 2 2 k k / � §40 � ` § j \FL 2 0 / o S R e k \ + k 2 w k - f 2 m 7 # . S E E ° u 7 o 3 . a ■ k 2 4 § § k _ o §} � s] 2 r 2 # G k 2 a§ k= K ) - a m § § —Me & h § k 7E'f o 0 0 401, 2 k§ ~ LO_co Lu ) 2§ 0 0 0 7 i ° co N - � k � 2 Lain ■ _ � 2 ) t e ■co■ E � � � � k 4 ® ® 2 n g � - ■ � � ■ % % 2 Ek co ■ £ 2 " f e f ■ s a V a C w ?o � ° � ' ECL § # � £ ■ # k D k k+ t # UJ 2® k \ \ k ( co >2 § $ ) a 2 ) 2 a k k # g o0 oci q 3 k k k � k d \ \ \ \ } a § ■ � � B / � � » k � � t k k a J ©f # ' k 2 ƒ 9 � $ ■ _ a \ \ � � 2 { in / } —lu � a I § k $ \ o 2F'- k k R� ■ a # » g § q D q o km < Q)co < « w « U) « kA k k k k ■ S O gp O P 4 N O p t? p O O O O O p S S N b O O fr S p O p O S O O S IA {{UyyI pp00p0p 0G0pp ry S 1��. O tOt�� VI pppOp N O N 'd 1D w N O y p9p 10 N O F w N 19 W N N N N N N N W N N MN N O O O O O O O O O O p O S O O O O Oa O O O O 00 S O O M M VI C M to inN N N o N O N S N m N O 4-4 N b O N N K a p N Vi N i9 O O q N m lh 0 N a 3 CF t L L L L O LL Q G. O G � a N s Cd C 3 � N C U9 y 'v ro o � d � y or V1 hXcli 0: N O C t f0 OU C C4C 'r07p Oc 7 Iny N W F a W C a Z d O U O. i 0w� C1 W > ss a 0 p ' > o d n H 0£ rn a� a v v G] c U y c U y aMna 3 c $ c E a N 7 L C C c FC N co — _ = z > w k 2 a a k k k k\ C.2 w - ® 2 3 2 q§ # k M§ 2 t 2 2 g a�= q@§\ R § - Q � $ o � o _ o # m 0 � J � \ E ] 2 -6 t $ ? 2 § § E r k §_ 7 b \ / k § $ )) � k k 2 k o 2 CL 8 2 0 k E ( £ §) x 0 ;X:- n � G e§ § 2 ■ £ o o o co w_ f _U� 0 EXHIBIT E Certificates of Insurance Attached Behind This Page A� o® CERTIFICATE OF LIABILITY INSURANCE °A1 6/2012 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 6600 LBJ Freeway, Suite 220 Dallas TX 75240 CO T CT NAME Petrick P McLaughlin PHONE (214) 503-1212 aC No:(214) 503-8899 EhAA1L DD R.S• GENERALLUIBIUTY INSURERS AFFORDING COVERAGE NAIL p INSURERA:Travelers Indemnity Company 25658 INSURED INSURERS: Sentinel Insurance Co. Ltd 11000 Kennedy Consulting, Ltd. Kennedy Consulting, Inc. INSURERC:Catlin Insurance Company, Inc. 19518 INSURER D: 205 E. University Ave. Suite 450 Y Georgetown TX 78626 1 INSURER E: INSURER F - COVERAGES CERTIFICATE NUMBER: cert ID 14198 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE City of Round Rock POLICYNUMBER POLICY EFF MWDDNYYY POLICY EXP MWD LIMITS GENERALLUIBIUTY EACH OCCURRENCE $ 11000,000 AMAGE TO RENTED PREMISES Ea occurrence S 1,000,000 B X COMMERCIAL GENERAL LIABILITY Y Y 46SBAIPS137 2/11/2012 2/11/2013 CLA AS-LLADE FX OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S 2,000,000 $ POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea n S 1,000,000 BODILY INJURY (Per person) S B X ANYAUTO Y Y 46SBAIP5137 2/11/2012 2/11/2013 BODILY INJURY (Per acddent) $ ALLOWNED SCHEDULED AUTOS NON -OWNED AqOTOS X HIRED AUTOS Jxx PROPERTY DAMAGE S S No Owned Autoe. X B X UMBRELLALIAa X OCCUR Y Y 46SBAIPS137 2/11/2012 2/11/2013 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 EXCESS UAB CLAIMS4AADE DEO X RETENTION$ 10,000 $ A WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY YIN ANY PROPRiETORlPARTNERIEXECUTNE❑ Y UB5536Y649 2/11/2012 2/11/2013 STATU- OTH- X A E.L. EACH ACCIDENT $ 500,000 OFFICERRAEMBER EXCLUDED (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE- POLICY LIMIT $ 500,000 rcyes, describe under DESCRIPTION OF OPERATIONS be"w C Professional Liab. N Y AED-99195-0213 2/11/2012 2/11/2013 Per Claim/Annual ^y 3,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddlUonal Remarks Schedule, If more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. rGlrrlrlreTG unt nl:a rANCELLATInN ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marts of ACORD Page 1 of i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 2008 Enterprise Dr Round Rock TX 78664 AUTHORIZED REPRESENTATIVE �111iA+Ii`ikWj�{ _ 1 U ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marts of ACORD Page 1 of i