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R-13-02-28-I11 - 2/28/2013RESOLUTION NO. R -13-02-28-I11 WHEREAS, the City of Round Rock desires to retain engineering services for the Seton Parkway Phase 2 Project, and WHEREAS, Rodriguez Transportation Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Rodriguez Transportation Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for the Seton Parkway 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 28th day of February, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: gwt-' SARA L. WHITE, City Clerk 0: \wdox\SCC1 nts\0112\ 1304\MUNICIPAL\0026863 7. DOC EXHIBIT „A„ J!ROUND ROCK, TEXAS NAL RM.AClOK PRMPERRY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: RODRIGUEZ TRANSPORTATION GROUP, INC. ("Engineer") ADDRESS: 11211 Taylor Draper Lane, Saute 100, Austin, TX 78759 PROJECT: Seton Parkway 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 , 2013 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05110 0199.1350; 00268026 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fiilly a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perforni 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 shalt 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 teniiinate 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 terrnination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as firll compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Two Hundred Ninety -Nine Thousand Six Hundred Nineteen and 81/100 Dollars ($299,619.81) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Govermnent 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 terns of a federal contract, grant, regulation, or statute prevent City fi•onr making a timely payment with federal fiords; 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@rouiidrocktexas.gov roundrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Robert Carrillo, P.E. Senior Project Manager 11211 Taylor Draper Lane, Suite 100 Austin, TX 78759 Telephone Number (512) 231-9544 (ext. 108) Fax Number (512) 231-9133 Email Address rcarrillo@rtg-texas.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering 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 lie/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terns of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the 1ATitten 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 nmanner 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 Contact. 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 comrcction with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being perfoi ned 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 TERMSIBREACH 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 terns 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 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to 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, ininimum/maximuni salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall fitrther 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 tinder 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 Enginecr 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 fi•oin errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising fi-oni 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 lie/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 fi•om 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 reconunended 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 tern while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim fi-om a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives fi•om 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 tenni of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for govermnental 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: Robert Carrillo, P.E. Senior Project Manager 11211 Taylor Draper Lane, Suite 100 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be frilly responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for 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 he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: IN Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk RODRIGUEZ TRANSPORTATION GROUP, INC. Signature of Principal Printed Name: 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services In general, the City of Round Rock and its representatives to their best efforts will render services as follows: 1. Schedule, coordinate, and conduct public involvement meetings. 2. Provide available criteria and full information as to the client's requirements for the project. 3. Furnish available horizontal control points and established City of Round Rock monumentation. 4. Furnish available existing plans and/or design information for the project and interface data for any projects adjacent to the project. 5. Assist the engineer by placing at his disposal all available written data pertinent to previous operations, reports and any other data (including previous hydraulic studies and models) affecting the project. 6. Provide available existing traffic counts and design year traffic projections. 7. Furnish available right-of-way map(s). 8. Provide available and all applicable special specifications, special provisions, and updated list of bid items applicable to the project. 9. Examine documents submitted by the engineer and render decisions pertaining thereto, promptly, to avoid unreasonable delay in the progress of the engineer's services. 10. Respond promptly in writing to requests by the engineer for authorization to proceed with specific activities deemed desirable. 11. Negotiate with all utility companies for any agreements and/or relocations required. 12. Pay all reviewing agency fees promptly including review, inspection, and recording fees. 13. Acquire any off-site easements required for project. EXHIBIT B Engineering Services The following "Project Scope of Work" will be used as the basis for the preparation of a design schematic and subsequent plans, specifications and estimate (PS&E) for the Seton Parkway (Phase 2) extension project. The design schematic will be developed to establish the ROW requirements, preliminary cost estimate and other design parameters for the "Ultimate Design" consisting of a four -lane divided facility. The limits of the design schematic are along Seton Parkway from University Blvd. to 1,600 feet south of the existing Seton Parkway southern limits, a distance of approximately 0.9 miles. The design schematic will also include an Un -Named cross road from 1,500 feet west ofA.W. Grimes to A.W. Grimes (including the intersection geometry at Seton Parkway), The PS&E will be developed after the design schematic has been approved. The PS&E will be limited to extending the existing two-lane undivided Seton Parkway fi•om 350' north of its current southern Iimits to 400' south of the Un -Named cross road, a distance of approximately 0.35 miles The PS&E will also include the design of the Un -Named cross road, a distance of approximately 0.28 miles. The project will include route and design studies to obtain the proposed alignment (to be approved by the City of Round Rock) and construction plans for final design. The following scope provides information regarding anticipated project parameters, preliminary engineering, preparation of construction plans, additional services to be provided by the client and other miscellaneous information. The following assruuptions pertain to the services to be performed and form the basis of this scope of work: • The project will be prepared in two phases: 1) Schematic Design and 2) PS&E Documents. Each will be prepared and processed in accordance with the rules and regulations of the City of Round Rock and other regulatory agencies. • The City of Round Rock will approve the schematic design prior to beginning the preparation of PS&E. The PS&E will be prepared in accordance with the alignment defined in the schematic design. • The City of Round Rock will review approved plans and provide recommendations for proposed utility locations (if needed). • Downstream conveyance is sufficient enough where detention facilities are not required. • It is assumed that right of entry to private property will be secured by the City prior to notice to proceed. . 1 - PHASE 1 FUNCTION CODE 110 (ROUTE AND DESIGN STUDIES), (GEOTECHNICAL INVESTIGATION) The Route and Design Studies includes those services required to develop a design schematic, identify existing utilities and proposed utility assignments, conduct a drainage study and a geotechnical investigation. The schematic design will be coordinated with the City of Round Rock and others as needed. The tasks associated with this phase may be separated into four basis categories: Data Collection and Review, Roadway Design, Drainage Design and Geotechnical. The services to be provided by the ENGINEER are as follows: Data Collection and Review: 1. Review all available studies, reports, plans, drawings and other documents, which are applicable as background information to be used in this contract. 2. Review current traffic volumes and design traffic volumes (if available). 3. Identify existing utilities and drainage systems (based on available data). 4. Review proposed developments and improvements adjacent to the proposed roadway. Roadway Design: 1. Develop roadway design criteria. 2. Determine the proposed aligmnent for the Seton Parkway extension and the Un -Named cross road. Each leg of the Seton Parkway/Un-Named cross road intersection should be designed a minimum of 400' from the intersection. 3. Develop roadway typical sections with proposed utility assignments. 4. Develop preliminary (ultimate) design cross sections and establish ROW requirements. 5. Develop preliminary construction cost estimate. 6. Prepare public meeting displays and exhibits as required. Drainage Design: 1. Preliminary hydrologic and hydraulic studies to identify the culvert size for the draw (two proposed culverts). 2. Develop preliminary storm drain design and identi%T conflicts with existing utilities. Geotechnical Investigation: Geotechnical services are to be provided for two areas. The first area is the extension of Seton Parkway south of the existing street terminus over unimproved terrain to an intersection with an un -named cross road, then east to A.W. Grimes. The plans route will include two culverts. The length of the first area is about 2,000 ft. The second area is the reconstruction of about 350 feet of existing Seton Parkway, which has become distressed due to the expansive clay subgrade. A detailed forensic investigation will not be performed; however, options will be developed for the reconstructed pavement to alleviate future distress. - 2 - Subsurface conditions will be obtained by drilling eight (8) borings to a depth of between 5 feet and 10 feet each. Apparent water seepage into the open boreholes will be recorded at the time of drilling. Laboratory testing on recovered samples will be performed to classify the soil and perform strength determinations. Analytical test for soluble sulfate content will be performed. Pavement thickness recommendations will be developed in accordance with the City of Round Rock's Transportation Criteria Manual using AASI-ITO and City of Austin Thickness design procedures. The pavement subgrade values for the resilient modulus (MR) to be used for pavement thickness design will be based on published empirical correlations with laboratory - determined Atterberg limits, engineering judgment, and past experience with roadways in this area. Results will be published in a Geoteclinical Report. FUNCTION CODE 120 (ENVIRONMENTAL INVESTIGATION AND APPROVALS) The Environmental Services will include all studies and docinnentation required for the various regulating authorities, including the Texas Historical Commission (THC), U.S. Army Corp of Engineers (USACE), U.S. Fish and Wildlife (Williamson County Conservation Foundation) and the City of Round Rock. The intention of the Environmental Services is to attain all necessary clearance letters and approvals in order to proceed with the proposed project. Data Collection Process: 1. Data Collection & Field Reconnaissance: Collect readily available envirornnental information relative to the project area from the appropriate local, state, and federal agencies. A "TellAll" regulatory records review will be performed to identify listed hazardous waste generators, treatment, storage and disposal facilities; solid waste landfills, unauthorized sites; documented spills; oil and gas exploration and production sites; and underground storage tank sites within the proposed site location. The review will also identify other environmental risks along the project corridor. A site reconnaissance will be conducted to visually inspect the project site for additional risks and field verify any environmental risks as identified by the review. Section 404 Clean Water Act Compliance 1. A wetland determination will be conducted in the project area and summarized in a delineation report. Specific impacts of the project on waters of the U.S. will be determined and measures to minimize the impacts will be identified. A revised report will discuss applicable Section 404 options in accordance with the current permits and conditions. 2. Authorization under section 404 of the Clean Water Act for the project will be obtained. For the purposes of this scope and cost estimate, it is assumed that permitting would not include the preparation of either a Pre -construction Notification or an Individual Permit to the USACE. - 3 - Endangered Species Act Compliance 1. An analysis of the project's effects on federally listed threatened and endangered species will be conducted and reported in a letter to document the project's compliance with the Endangered Species Act. In addition to background research, a site visit would be conducted to assess the habitat relative to the habitat requirements of the federally listed species of potential occurrence in the project area. Texas Antiquities Code Compliance 1. A background search of the appropriate files at the Texas Archeological Research Laboratory and the Texas Archeological Sites Atlas will be conducted to locate any knoNA n archeological sites within the project area. 2. A permit application and associated scope of work will be prepared for submittal to the City of Round Rock and the THC. Coordination with the THC will also be conducted regarding the project scope and compliance requirements. 3. A survey will be conducted and will be of sufficient intensity to determine the nature, extent, and if possible, potential significance of any cultural resources located with the project area. The survey will consist of a 100 percent pedestrian survey with shovel and backhoe trenching as necessary. 4. An intensive survey report will be produced, in accordance with the full report guidelines as outlined by the THC's Rules of Practice and Procedure, if any historic or prehistoric sites are discovered during the survey. If no cultural resources are found during the survey, then a short report format will be followed. The report will evaluate, to the extent feasible, the potential for designation, of the recorded archeological sites as State Archeological Landmarks. The report will be coordinated with the THC, respond to any comments, and provide documentation of the coordination to the City of Round Rock. FUNCTION CODE 130 (ROW DATA) FUNCTION CODE 150 (FIELD SURVEY) The Surveying Services includes those services required to establish horizontal and vertical survey control, perform right-of-way surveying and mapping, parcel monumentation, and perform design topographic surveys. The project area, for ROW and survey purposes, is defined as follows: Along Seton Parkway from University Blvd. to 1,600 feet south of the existing Seton Parkway southern limits Along Un -Named cross road from 1,500 feet west of A.W. Grimes to A.W. Grimes The topographic survey limits shall extend 400' on either side of the proposed Seton Parkway extension and the Un -Named cross road centerlines. Services to be provided by the ENGINEER are as follows: Right -of -Way Surveying and Mapping: 1. Perform sufficient research of property records from various sources to analyze and develop an exhibit of the record ROW and property configurations for the affected tracts. -4- 2. Perform sufficient field work to recover property corners and highway monuments to aid in the analysis and reconstruction of the tracts were parcels will be acquired (estimated at 5 parcels and 4 easements (total 9). 3. Deliverables will be numbered individual parcel plats with metes and bounds descriptions. Additionally, a ROW plan set will be generated with parcel numbers of the entire route. 4. Place or replace monuments marked as "CORR ROW" at points along the ROW boundary lines for PCs, PTs, PRCs, PIs, intersection corners and "cutback" lines, and along tangent lines at 1500 foot intervals for the project area (defined above). Topographic Surveys: 1. Recover and/or establish primary and secondary datum control for fire area of survey reconciled to the CORR Survey Control Monument System. The values will be relative to NAD 83/NAVD 88 Texas State Plane Coordinates, Central Zone 4203 (scaled to surface values). Vertical Datum will be GPS Orthonietric heights and projected through the length of the project. Secondary control will be established in what is deemed a "survivable" zone for project construction and within 300 feet of any point on the site. 2. Perform "One Call" utility marking request and log replies. 3. Perforin differential level loops for installation of a benchmark system at strategic locations at approximately 500 foot intervals within the project limits. (At least three permanent benchmarks and control points to be installed). 4. Collect spot elevations within the project area (defined above) including, but not limited to improvements, drainage features, trees 8" and tip, visible utilities, natural ground, grade breaks and environmental features. Wastewater manholes will be inverted for flowline information providing access is achievable. 5. Process the collected data into a detailed topographic survey and DTM (I foot contour interval) of the depicted areas. G. Deliverables will include a Microstation 2D and 3D file with break -lines, TIN files, a DTM file processed to 1.0 foot contours will be provided and the associated spot point data in ASCII format. -5- PHASE 2 FUNCTION CODE 120 (ENVIRONMENTAL INVESTIGATION AND APPROVALS) Continuation of the (Phase 1) Environmental Services will continue as required. FUNCTION CODE 130 (ROW DATA) FUNCTION CODE 150 (FIELD SURVEY) Design Surveys: 1. Provide design surveys and stake out ROW, at various locations as requested by the City of Round Rock (not to exceed 5 request). 2. Following identification of existing utilities to remain in place, subsurface utility exploration (SUE) work will be conducted. This effort is not included in the current fee and is consider additional services that will require the execution of a supplemental work authorization. FUNCTION CODE 160 (ROADWAY DESIGN) The (Phase 2) Roadway Design Services will make any refinements to the final horizontal and vertical alignments and continue with the development of the PS&E. The (ultimate) design cross sections will be updated as needed to develop (interim) design cross sections required for the development of the PS&E. An updated cost estimate, general notes and specification data will be generated. The Roadway sheets for the construction plans will include: 1. Title sheet 2. Project layout 3. Typical section 4. Plan and profile 5. Roadway details 6. Others (HAL Data, Removal, Misc.) 7. Provide design cross-sections and staking information FUNCTION CODE 161 (HYDRAULIC DESIGN) The (Phase 2) Hydraulic Design Services will continue all studies and documentation identified in (Phase 1). Drainage sheets for the construction plans will include: 1) Drainage Area Maps 2) Hydraulic computations 3) Storm drain plan/profile sheets 4) Culvert layouts 5) Storm water pollution prevention plan FUNCTION CODE 162 (SIGNING AND PAVEMENT MARKINGS) The signing and pavement markings plans will include the necessary details for the construction of the proposed signs, and pavement markings. No signals are anticipated for the project, however, a preliminary signal design will be developed at the intersection of A.W. Grimes/Urr-Nanied cross road (for geometric purposes only). FUNCTION CODE 163 (MISCELLANEOUS ROADWAY PLANS) Miscellaneous roadway includes the final assembly of the construction plans, specifications and estimate, traffic control plans, illumination layouts, preparing the bid documents, review and recommendation for award of contract. The PS&E will include all necessary details required for construction. Standard drawings will be used (City of Round Rock and/or TXDOT) to every extent possible. Miscellaneous Roadway Plans will include: 1. Summaries 2. Estimate, General Notes and Specification Sheets 3. Traffic Control Plans 4. Illumination Layouts (continuous illumination throughout the PS&E project limits) 5. Special Details required for construction This item also includes preparation of the Bid Documents, reviewing any and all bids received, and making recommendations for contractor based on the bid received. This will include assisting the City of Round Rock in obtaining bids by distributing sets of bid docurnents to Contractors, evaluation of bids or proposals and awarding contracts by assisting with the bid opening and tabulation of the bid documents. FUNCTION CODE 180 (CONSTRUCTION PHASE SERVICES) The ENGINEER will provide the following services during the construction activities of the project: 1. Coordinate and attend pre -construction conference with City of Round Rock, contractor, review agencies and engineer prior to construction. 2. Make visits to the site, at intervals appropriate to the various stages of construction, to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s) and to determine, in general, if such work is proceeding in accordance with the Contract Documents. The engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. 3. Review and approve (or take other appropriate action in respect to) Shop Drawings and samples, the results of tests and inspections and other data, which each Contractor is required to submit. This review will be only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. -7- 4. Upon substantial completion, the engineer will prepare a punch list outlining corrections and work that must be done before the project can be accepted. The engineer will arrange a preliminary site inspection to identify punch list items with the appropriate personnel. S. Prepare one set of reproducible as -built plans based on one (1) record copy of project drawings labeled "Project Record" maintained by the contractor. The contractor will submit the "Project Record" drawings to the ENGINEER at contract closeout. FUNCTION CODE 190 (PROJECT MANAGEMENT) The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary and at a regularly scheduled meeting conducted at the City of Round Rock. At a minimum, monthly progress reports will be submitted, which will detail on-going work as well as work accomplished since the previous report. mollooll milli logo IIIIIIII 11111111 NINON NINON son in 11110111 milli 11 INNER 1111111 I login NINE IIIIIIII googol Iloilo IIIIIIII NINON III Iloilo ::'1CS1I 1mI 0;l 1I II1:11I loommill IN NINE go I ...... . ............. ..... 1011111110111 Iloilo I 1111111101111 milli IN ss ° � i:lliiii� �° =6iloll ............ ::......:::........ .�: .Q x W LL O M O V• N M'T 0 't O M O O il- O (D 00 w yJ (0MOO(NLOO (D (D 0 r(0 Q rO V-14' r- — Q) r- (0 (O F a) 00 M V' Tt N (n 0) O (O EA (M M 1- 69 M (N 0) 69 69 WA d9 U% 69 6R NEJE M O 00 O M M :3 0) 0) p 0 0 0 0 0 0 pp N (p p 0 0 0 0 0 0 0 C O cr 0 pp 0 to 0 69 0 to 0 ER 0 W 6 0* � U) d 0 U 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 6 6 0 0 � L) o 0 0 0 0 0 0(D 0 0 y (s64(sw646s(sww co 0 U o o Cl) Op f'- C3 0) a�+ o O o O O�- O(D(D O N o O O O O V• h r r (D r 69 (A (fl M c - V" ,r N NO M M h w M N N 69 to EA 619, O J 7 O = � co CD N O O O cc)rn M ((D (O F_ O N N (O N .Q R .J (0 O C a •N N Q C f0 N m � � a c co a o o in o aEi rn .2 m 0 (D w sc rn N M O (n - R m C C 01 \ to N cn N E c c0@ cfl Z Q m -W B c v7 c g (co E G •� N U E um C 22 L O C E N f0 Z '> o ' G Qin N O J ,o oC O co N 07 C. EL :�- B o. F O) rn rn m m rn rn rn Q Ui N Qi N N O N Qi N E-- f N ("> to (O f� 00 Z Y Y Y Y Y Y Y -C .Y Q 1m 1m Fm ham- Fes- Fw h C7 EXHIBIT E Certificates of Insurance Attached Behind This Page ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S93264171M7857773 KXAZP DESCRIPTIONS (Continued from Page 1) policy. Certificate holder included as additional insured on a primary and non contributory basis as pertains to the General Liability, as required by written contract. Waiver of Subrogation provided on a blanket basis as required by written contract but limited to the operations of the named insured. Valuable Papers also Included in Blanket Coverage of $150,000. for Account Receivable, Computers and Media, Val.Papers.Debris Removal, Temperature Change and Pers. Property of Others SAGITTA 25.3 (2010105) 2 of 2 #S93264171M7857773 XHIBIT " . 1L NAC r 0 •ti�JY- ... S , . y. t WV, ,s F a � � 4w k All ,•'4 !'t a /,• �_ S W v, 1 .' �:., _.•,l��n * G,7`l, a� �.�"""FL� rvw,•Y.k,''+',r h V N jr 4 .y" t s, ,� 'r • / :�5 �: F 4'}s .'.�. � ��-�'u `!._� � �}tri tt . } r , t » � e r _ v } F Y A J S n t • • I I I City of Round Rock 'ROUND ROCK TEXAS auw.¢ nisvon vwmenrtr Agenda Item Summary Agenda Number: 111. Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Rodriguez Transportation Group, Inc. for the Seton Parkway Phase 2 Project. Type: Resolution Governing Body: City Council Agenda Date: 2/28/2013 Dept Director: Gary Hudder, Transportation Director Cost: $299,619.81 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Resolution, Exhibit "A" Text of Legislative File 13-028 This contract with Rodriguez Transportation Group will design the second phase of Seton Parkway from its existing terminus south and then east, to intersect with FM 1460. The extension of Seton Parkway will open new land in Avery Center for development, and it will provide an alternative access to Seton Hospital and Texas State University. The cost of this contract is $299,619.81, and was funded in Amendment #29 to the Transportation Capital Improvement Program. Staff recommends approval of this resolution. City of Round Rock Page 1 Printed on 212212013 \ . ( : • . [ � \ � { EXEC { � ORIGINAL [ � ( DOCUMENTD FOLLO\& ( \ { ( { JrROUND ROCK, TEXAS MSM PROSPEMft CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: RODRIGUEZ TRANSPORTATION GROUP INC. ("Engineer") ADDRESS: 1.1211 Taylor Draper Lane, Suite 100, Austin, TX 78759 PROJECT: Seton Parkway Phase 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the ��ay of , 2013 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, wh se offices are located at 221 East Main Sheet, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05/10 0199.1350;00268026 00192831 -�11- 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 I CITY SERVICES City sliall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as fiull compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Two Hundred Ninety -Nine Thousand Six Hundred Nineteen and 81/100 Dollars ($299,619.81) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fiends; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas 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: Robert Carrillo, P.E. Senior Project Manager 11211 Taylor Draper Lane, Suite 100 Austin, TX 78759 Telephone Number (512) 231-9544 (ext. 108) Fax Number (512) 231-9133 Email Address rcat7•illo@rtg-texas.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 wliich have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attaimnent of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering 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 parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. D ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary foinn 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 7 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 fiilfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall firrther 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 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 reconunended 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 tlxe duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such fixture 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: Robert Carrillo, P.E. Senior Project Manager 11211 Taylor Draper Lane, Suite 100 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fiilly responsible for his/her/its delays or for failures to use his/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 perforin City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that lie/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and frill performance of the terms and provisions hereof CITY O ROUND ROCK, TEXAS APP O EDA TRM: By: Silt McGraw, Mayor eets, City Attorney ATTEST: By: Sara L. White, City Clerk RODRIGUEZ TRANSPORTATION GROUP, INC. By; J 4�� Signature of Princi Printed Name:/'�f /a�{c C . (, 0)tl G UC 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 In general, the City of Round Rock and its representatives to their best efforts will render services as follows: 1. Schedule, coordinate, and conduct public involvement meetings. 2. Provide available criteria and full information as to the client's requirements for the project. 3. Furnish available horizontal control points and established City of Round Rock monumentation. 4. Furnish available existing plans and/or design information for the project and interface data for any projects adjacent to the project. 5. Assist the engineer by placing at his disposal all available written data pertinent to previous operations, reports and any other data (including previous hydraulic studies and models) affecting the project. 6. Provide available existing traffic counts and design year traffic projections. 7. Furnish available right-of-way tnap(s). 8. Provide available and all applicable special specifications, special provisions, and updated list of bid items applicable to the project. 9. Examine documents submitted by the engineer and render decisions pertaining thereto, promptly, to avoid unreasonable delay in the progress of the engineer's services. 10. Respond promptly in writing to requests by the engineer for authorization to proceed with specific activities deemed desirable. 11. Negotiate with all utility companies for any agreements and/or relocations required. 12. Pay all reviewing agency fees promptly including review, inspection, and recording fees. 13. Acquire any off-site easements required for project. EXHIBIT B Engineering Services The following "Project Scope of Work" will be used as the basis for the preparation of a design schematic and subsequent plans, specifications and estimate (PS&E) for the Seton Parkway (Phase 2) extension project. The design schematic will be developed to establish the ROW requirements, preliminary cost estimate and other design parameters for the "Ultimate Design" consisting of a four -lane divided facility. The limits ofthe design schematic are along Seton Parkway from University Blvd. to 1,600 feet south of the existing Seton Parkway southern limits, a distance of approximately 0.9 miles. The design schematic will also include an Un -Named cross road from 1,500 feet west of A.W. Grimes to A. W. Grimes (including the intersection geometry at Seton Parkway). The PS&E will be developed after the design schematic has been approved. The PS&E will be limited to extending the existing two-lane undivided Seton Parkway from 350' north of its current southern limits to 400' south of the Un -Named cross road, a distance of approximately 0.35 miles The PS&E will also include the design of the Un -Named cross road, a distance of approximately 0.28 miles. The project will include route and design studies to obtain the proposed alignment (to be approved by the City of Round Rock) and construction plans for final design. The following scope provides information regarding anticipated project parameters, preliminary engineering, preparation of construction plans, additional services to be provided by the client and other miscellaneous information. The following assumptions pertain to the services to be performed and form the basis of this scope of work: • The project will be prepared in two phases: 1) Schematic Design and 2) PS&E Documents. Each will be prepared and processed in accordance with the rules and regulations of the City of Round Rock and other regulatory agencies. • The City of Round Rock will approve the schematic design prior to beginning the preparation of PS&E. The PS&E will be prepared in accordance with the alignment defined in the schematic design. • The City of Round Rock will review approved plans and provide recommendations for proposed utility locations (if needed). • Downstream conveyance is sufficient enough where detention facilities are not required. • It is assumed that right of entry to private property will be secured by the City prior to notice to proceed. -1- PHASE 1 FUNCTION CODE 110 (ROUTE AND DESIGN STUDIES), (GEOTECHNICAL INVESTIGATION) The Route and Design Studies includes those services required to develop a design schematic, identify existing utilities and proposed utility assignments, conduct a drainage study and a geotechnical investigation. The schematic design will be coordinated with the City of Round Rock and others as needed. The tasks associated with this phase may be separated into four basis categories: Data Collection and Review, Roadway Design, Drainage Design and Geotechnical. The services to be provided by the ENGINEER are as follows: Data Collection and Review: 1. Review all available studies, reports, plans, drawings and other documents, which are applicable as background information to be used in this contract. 2. Review current traffic volumes and design traffic volumes (if available). 3. Identify existing utilities and drainage systems (based on available data). 4. Review proposed developments and improvements adjacent to the proposed roadway. Roadway Design: 1. Develop roadway design criteria. 2. Determine the proposed alignment for the Seton Parkway extension and the Un -Named cross road. Each leg of the Seton Parkway/Un-Named cross road intersection should be designed a minimum of 400' from the intersection. 3. Develop roadway typical sections with proposed utility assignments. 4. Develop preliminary (ultimate) design cross sections and establish ROW requirements. 5. Develop preliminary construction cost estimate. 6. Prepare public meeting displays and exhibits as required. Drainage Design: 1. Preliminary hydrologic and hydraulic studies to identify the culvert size for the draw (two proposed culverts). 2. Develop preliminary storm drain design and identif}, conflicts with existing utilities. Geotechnical Investigation: Geotechnical services are to be provided for two areas. The first area is the extension of Seton Parkway south of the existing street terminus over unimproved terrain to an intersection with an un -named cross road, then east to A.W. Grimes. The plans route will include two culverts. The length of the first area is about 2,000 ft. The second area is the reconstruction of about 350 feet of existing Seton Parkway, which has become distressed due to the expansive clay subgrade. A detailed forensic investigation will not be performed; however, options will be developed for the reconstructed pavement to alleviate future distress. -2- Subsurface conditions will be obtained by drilling eight (8) borings to a depth of between 5 feet and 10 feet each. Apparent water seepage into the open boreholes will be recorded at the time of drilling. Laboratory testing on recovered samples will be performed to classify the soil and perform strength determinations. Analytical test for soluble sulfate content will be performed. Pavement thickness recommendations will be developed in accordance with the City of Round Rock's Transportation Criteria Manual using AASIITO and City of Austin Thickness design procedures. The pavement subgrade values for the resilient modulus (MR) to be used for pavement thickness design will be based on published empirical correlations with laboratory - determined Atterberg limits, engineering judgment, and past experience with roadways in this area. Results will be published in a Geoteclinical Report. FUNCTION CODE 120 (ENVIRONMENTAL INVESTIGATION AND APPROVALS) The Environmental Services will include all studies and documentation required for the various regulating authorities, including the Texas Historical Commission (THC), U.S. Army Corp of Engineers (USACE), U.S. Fish and Wildlife (Williamson County Conservation Foundation) and the City of Round Rock. The intention of the Environmental Services is to attain all necessary clearance letters and approvals in order to proceed with the proposed project. Data Collection Process: Data Collection & Field Reconnaissance: Collect readily available envirorunental information relative to the project area from the appropriate local, state, and federal agencies. A "TellAll" regulatory records review will be performed to identify listed hazardous waste generators, treatment, storage and disposal facilities; solid waste landfills, unauthorized sites; documented spills; oil and gas exploration and production sites; and underground storage tank sites within the proposed site location. The review will also identify other environmental risks along the project corridor. A site reconnaissance will be conducted to visually inspect the project site for additional risks and field verify any environmental risks as identified by the review. Section 404 Clean Water Act Compliance 1. A wetland determination will be conducted in the project area and summarized in a delineation report. Specific impacts of the project on waters of the U.S. will be determined and measures to minimize the impacts will be identified. A revised report will discuss applicable Section 404 options in accordance with the current permits and conditions. 2. Authorization under section 404 of the Clean Water Act for the project will be obtained. For the purposes of this scope and cost estimate, it is assumed that permitting would not include the preparation of either a Pre -construction Notification or an Individual Permit to the USACE. -3- Endangered Species Act Compliance 1. An analysis of the project's effects on federally listed threatened and endangered species will be conducted and reported in a letter to document the project's compliance with the Endangered Species Act. In addition to background research, a site visit would be conducted to assess the habitat relative to the habitat requirements of the federally listed species of potential occurrence in the project area. Texas Antiquities Code Compliance 1. A background search of the appropriate files at the Texas Archeological Research Laboratory and the Texas Archeological Sites Atlas will be conducted to locate any known archeological sites within the project area. 2. A permit application and associated scope of work will be prepared for submittal to the City of Round Rock and the THC. Coordination with the THC will also be conducted regarding the project scope and compliance requirements. 3. A survey will be conducted and will be of sufficient intensity to determine the nature, extent, and if possible, potential significance of any cultural resources located with the project area. The survey will consist of a 100 percent pedestrian survey with shovel and backhoe trenching as necessary. 4. An intensive survey report will be produced, in accordance with the full report guidelines as outlined by the THC's Rules of Practice and Procedure, if any historic or prehistoric sites are discovered during the survey. If no cultural resources are found during the survey, then a short report format will be followed. The report will evaluate, to the extent feasible, the potential for designation, of the recorded archeological sites as State Archeological Landmarks. The report will be coordinated with the THC, respond to any comments, and provide documentation of the coordination to the City of Round Rock. FUNCTION CODE 130 (ROW DATA) FUNCTION CODE 150 (FIELD SURVEY) The Surveying Services includes those services required to establish horizontal and vertical survey control, perform right-of-way surveying and mapping, parcel monumentation, and perform design topographic surveys. The project area, for ROW and survey purposes, is defined as follows: Along Seton Parkway from University Blvd. to 1,600 feet south of the existing Seton Parkway southern limits Along Un -Named cross road from 1,500 feet west of A.W. Grimes to A.W. Grimes The topographic survey limits shall extend 400' on either side of the proposed Seton Parkway extension and the Un -Named cross road centerlines. Services to be provided by the ENGINEER are as follows: Right -of -Way Surveying and Mapping: 1. Perform sufficient research of property records from various sources to analyze and develop an exhibit of the record ROW and property configurations for the affected tracts. -4. 2. Perform sufficient field work to recover property corners and highway monuments to aid in the analysis and reconstruction of the tracts were parcels will be acquired (estimated at 5 parcels and 4 easements (total 9). 3. Deliverables will be numbered individual parcel plats with metes and bounds descriptions. Additionally, a ROW plan set will be generated with parcel numbers of the entire route. 4. Place or replace monuments marked as "CORR ROW" at points along the ROW boundary lines for PCs, PTs, PRCs, PIs, intersection corners and "cutback" lines, and along tangent lines at 1500 foot intervals for the project area (defined above). Topographic Surveys: 1. Recover and/or establish primary and secondary datum control for the area of survey reconciled to the CORR Survey Control Monument System. The values will be relative to NAD 83/NAVD 88 Texas State Plane Coordinates, Central Zone 4203 (scaled to surface values). Vertical Datum will be GPS Orthometric heights and projected through the length of the project. Secondary control will be established in what is deemed a "survivable" zone for project construction and within 300 feet of any point on the site. 2. Perform "One Call" utility marking request and log replies. 3. Perform differential level loops for installation of a benchmark system at strategic locations at approximately 500 foot intervals within the project limits. (At least three permanent benchmarks and control points to be installed). 4. Collect spot elevations within the project area (defined above) including, but not limited to improvements, drainage features, trees 8" and up, visible utilities, natural ground, grade breaks and environmental features. Wastewater manholes will be inverted for flowline information providing access is achievable. 5. Process the collected data into a detailed topographic survey and DTM (1 foot contour interval) of the depicted areas. 6. Deliverables will include a Microstation 2D and 3D file with break -lines, TIN files, a DTM file processed to 1.0 foot contours will be provided and the associated spot point data in ASCII format. -5- PHASE 2 FUNCTION CODE 120 (ENVIRONMENTAL INVESTIGATION AND APPROVALS) Continuation of the (Phase 1) Environmental Services will continue as required. FUNCTION CODE 130 (ROW DATA) FUNCTION CODE 150 (FIELD SURVEY) Design Surveys: 1. Provide design surveys and stake out ROW, at various locations as requested by the City of Round Rock (not to exceed 5 request). 2. Following identification of existing utilities to remain in place, subsurface utility exploration (SUE) work will be conducted. This effort is not included in the current fee and is consider additional services that will require the execution of a supplemental work authorization. FUNCTION CODE 160 (ROADWAY DESIGN) The (Phase 2) Roadway Design Services will make any refinements to the final horizontal and vertical alignments and continue with the development of the PS&E. The (ultimate) design cross sections will be updated as needed to develop (interim) design cross sections required for the development of the PS&E. An updated cost estimate, general notes and specification data will be generated. The Roadway sheets for the construction plans will include: 1. Title sheet 2. Project layout 3. Typical section 4. Plan and profile 5. Roadway details 6. Others (HAL Data, Removal, Misc.) 7. Provide design cross-sections and staking information FUNCTION CODE 161 (HYDRAULIC DESIGN) The (Phase 2) Hydraulic Design Services will continue all studies and documentation identified in (Phase 1). Drainage sheets for the construction plans will include: 1) Drainage Area Maps 2) Hydraulic computations 3) Storm drain plan/profile sheets 4) Culvert layouts 5) Storm water pollution prevention plan FUNCTION CODE 162 (SIGNING AND PAVEMENT MARKINGS) The signing and pavement markings plans will include the necessary details for the construction of the proposed signs, and pavement markings. No signals are anticipated for the project, however, a preliminary signal design will be developed at the intersection of A.W. Griimes/Un-Named cross road (for geometric purposes only). FUNCTION CODE 163 (MISCELLANEOUS ROADWAY PLANS) Miscellaneous roadway includes the final assembly of the construction plans, specifications and estimate, traffic control plans, illumination layouts, preparing the bid documents, review and recommendation for award of contract. The PS&E will include all necessary details required for construction. Standard drawings will be used (City of Round Rock and/or TxDOT) to every extent possible. Miscellaneous Roadway Plans will include: 1. Summaries 2. Estimate, General Notes and Specification Sheets 3. Traffic Control Plans 4. Illumination Layouts (continuous illumination throughout the PS&E project limits) S. Special Details required for construction This item also includes preparation of the Bid Documents, reviewing any and all bids received, and making recommendations for contractor based on the bid received. This will include assisting the City of Round Rock in obtaining bids by distributing sets of bid documents to Contractors, evaluation of bids or proposals and awarding contracts by assisting with the bid opening and tabulation of the bid documents. FUNCTION CODE 180 (CONSTRUCTION PHASE SERVICES) The ENGINEER will provide the following services during the construction activities of the project: 1. Coordinate and attend pre -construction conference with City of Round Rock, contractor, review agencies and engineer prior to construction. 2. Make visits to the site, at intervals appropriate to the various stages of construction, to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s) and to determine, in general, if such work is proceeding in accordance with the Contract Documents. The engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. 3. Review and approve (or take other appropriate action in respect to) Shop Drawings and samples, the results of tests and inspections and other data, which each Contractor is required to submit. This review will be only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. WA 4. Upon substantial completion, the engineer will prepare a punch list outlining corrections and work that must be done before the project can be accepted. The engineer will arrange a preliminary site inspection to identify punch list items with the appropriate personnel. 5. Prepare one set of reproducible as -built plans based on one (1) record copy of project drawings labeled "Project Record" maintained by the contractor. The contractor will submit the "Project Record" drawings to the ENGINEER at contract closeout. FUNCTION CODE 190 (PROJECT MANAGEMENT) The work effort and the management for the project included if' this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary and at a regularly scheduled meeting conducted at the City of Round Rock. At a minimum, monthly progress reports will be submitted, which will detail on-going work as well as work accomplished since the previous report. 1:11 I!'T1�l7TP"�1 I I .s mmmmmmmmmmOMMM��������� m mm����� 1 1E O w O v N M w ';tV- O M0 O th 0 0 0 00 00O0toO �td'� O) 0 M O Cp (ON N O O r :D F O O OD M r !r N In a b9 61),601 ell ilW? � N !A C ro OO O M O p0 M W O 00 0 0 0 0 0 O O O GpMj 0(D 0 0 0 0 Q1 00 M 09 EA 64 EH E0 U> Q (D t-- W O U O O O O O O O O O O O O O O O O O O o o � 613 fH EA 649 EA EA EA EA (A d} 6 N O VM 0 h o rn o d Q O O O O O O O O O N C5 O r 0 0 0 co r p 60 6% fA M • d (V Ld ON 'p 61%6MH 6% 61), 61), N ro 40) 0 J 3 O N OO O O N N coo M N Q ro J LO O c 'v1 a c co a� ro C: N c c .�m O a U C N U 0 19 N N M O N ++ a' 'a O c F > o U_ lQ E U N (p CL 17) +A`• tU p N Rf C E C E Co rte., U > O -0 c0 c N 'O O cx CA 171 6 O) 0) 1m DI C� 67 0 6 6 6 0 0 0 0 6 6 I- G r N M d in Cfl t- w of fA fA fA tq fn N V7 V1 fn 1- O F I- IT EXHIBIT E Certificates of Insurance Attached Behind This Page ACOR& Client#: 160210 RODRITRA CERTIFICATE OF LIABILITY INSURANCE DATE(MIAND/YYY1) 2/06/2013 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 poltcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementfs). PRODUCER USI Southwest Three Memorial City 840 Gessner, Suite 600 Houston, TX 77024 INSURED Rodriguez Transportation Group, Inc. 11211 Taylor Draper Lane #100 Austin, TX 78759 COVERAGES rFRTIFIf`ATC WI rnvne tac, No. EXD: 713 490-4600 jaC. Nol: 713-490-4700 INSURERA: Hartford Lloyds Insurance Comp-, INSURER a: Hartford Casualty Insurance Com INSURER C; Ace American Insurance Comoan F: 38253 29424 THIS INDICATED. IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED TERM OR CONDITION OF ANY NAMED ABOVE FOR THE POLICY PERIOD REVISION NUMBER: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, CONTRACTOR OTHER DOCUMENT THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED WITH RESPECT TO WHICH THIS HEREIN EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IS SUBJECT TO ALL THE TERMS, INSR LTR TYPE OF INSURANCE ADDLISUBR) INSR WVD POLICY NUMBER POLICY E F M D POLICY EXP MMJD0 YY A GENERAL LIABILITY 61SBABY7300 3/12/2012 03/12/2013 LIMITS EACHOCCURRENCE S-1,00-0,000 X COMMERCIAL GENERAL LIABILITY FAIIAGE T RENTED ---"-- CLAIMS -MADE RE`ldl aocwfrancs s300000 MED EXP (An one person) $10,000 PERSONAL&ADV INJURY $1,000000 A GENI. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 000 OOO PRODUCTS-COMPIOPAGG $2,000,000 POLICY X PRO' E LOC $ CO!ABINEO SINGLE LRAIT — Ea as dent $1,000,6-00 B AUTOMOBILE LIABILITY 61 UECAG3344 3/12/2012 03/12/201 AUTO BODILY INJURY (Per person) $ ALLANY ALlOWNED SCHEDULED AUTOS AUTOS X HIREDAVTOS X NON -OWNED BODILY INJURY (Pot accident) $ PROPERTY DAMAGE S Per accident AUTOS S EACHoccuftRENCE s2,000.000 -- A X X OCCUR 61SBABY7300 3/12/2012 03/12/2013 E EXCESS EXCESS LU1B CLAIMS -MADE AGGREGATE_ S2 000,000 -� DEO X RETENTIONS10000 B WORKERSEMLOYMPENSAILIT AND EMPLOYERS' LIABILITY 61WECJ02726 5110/20120511012013X WCSTATU- OTH- $ OFFICER! IEMBER EXCLUDED? ECUTIVEFY IN NIA F.L. EACH ACCIDENT $1 000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 I1yes desaibeunder E.L. DISEASE -POLICY LIMIT 1$1,000,000 C DESCWPTIONOFOPERATIONSbetov Professional Liab EONG21674345 7/2212012 07/22/2013 $2,000,000 per claim Claims Made Pol Retor:07/22/96 $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORO 101, Additional Remarks Schedule, It more space Is required) RE: Re: City of Round Rock for Seton Parkway. The General Liability, Automobile Liability and Umbrella Liability policies includes a blanket automatic Additional Insured endorsement that provides Additional Insured status to the Certificate holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. 30 Days Notice of Cancellation applies to all policies, Except Professional Liability (See Attached Descriptions) rFRTICICATC unr neo City Manager City of Round Rock 221 E. Main Street Round Rock, TX 78664 ACORD 25 (2010/05) 1 of 2 #S9326417/M7857773 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 CZ w-1"a-zUTu AUVKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXAZP V/I VII I h LJ.J`LV I VIVO L Vf #S93284171M7857773