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R-13-03-28-I7 - 3/28/2013
RESOLUTION NO. R-13-03-28-17 WHEREAS, the City of Round Rock desires to retain engineering services for the University Boulevard Widening Project, and WHEREAS, Kennedy Consulting, LTD. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Kennedy Consulting, LTD., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Kennedy Consulting, LTD. for the University Boulevard Widening 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 March, 2013. / , 1 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA WHITE, City Clerk O:\wdox\SCC1nts\01 12\ 1304\MUNICIPAL\00270S62.DOC EXHIBIT „A„ 'ROUND ROCK, TEXAS P(A4POSE.flli5 W PROSPERITY CITY OF ROUND ROCI{ CONTRACT FOR ENGINEERING SERVICES FIRM: KENNEDY CONSULTING, LTD. ("Engineer-") ADDRESS: 205E University Avenue, Suite 450, Georgetown, TX 78626 PROJECT: University Boulevard Widening 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. 05/10 0199.1355;00268235 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 fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule, If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to frilly 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 Rill 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 Four Hundred Eight Thousand Seven Hundred Fifty -Eight and 95/100 Dollars ,($408,758.95) 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 Government Code, payment to Engineer will be made within thirty (30) clays 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 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 shalt 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 sliall 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: Kevin Kennedy, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 Telephone Number (512) 846-2833 Fax Number (512) 819-9625 Email Address kkemiedy@kci-ltd.coui 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 attaimuent 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 deenns it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 0 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (l) 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 frill 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 tinder 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. 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 sante 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 thein to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising fi•om Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) inuuediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent aet of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise. defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION FINANCIAL INTEREST PROHIBITED (1) Non-collusiou. 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 from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 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 perforining work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 73664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such firture coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-h-ce, 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 34 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: Kevin Kennedy, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be Rilly 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 ftimished 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 sauce time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithfiil and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: Alan McGraw, Mayor ATTEST: Sara L. White, City Clerk KENNEDY CONSULTING, LTD. By: 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 Project Background The City of Round Rock (the "City") proposes widening University Boulevard to a 6-Iane, median divided arterial section between the IH 35 northbound hontage road to Sunrise Road (the `Project") utilizing the services of Kennedy Consulting, Ltd., (the "Engineer") as the prime consultant. The City will furnish to the Engineer the following information and/or perform the foIIowing tasks for those items for which the City is offering to provide information on file, the City will endeavor to provide items requested by the Engineer that are readily retrievable and germane to the Project as determined by the City at its sole discretion. Any information supplied by the City to the Engineer will consist of a minimum of one copy in a format deemed appropriate by the City at its sole discretion. 1. Provide a Project Manager to serve as the priunary point of contact for flue Engineer for the Project. 2. Furnish all applicable data and correspondence the City may have on file for the project. 3. Provide all necessary rights -of -entry needed for survey, geotech, or other engineering tasks that require work outside public right-of-way. Copies of the signed ROE letters shall be supplied to the Engineer. 4. Provide existing typical sections, as -built drawings, and right-of-way maps that the City may have on file. 5. Provide any existing survey data the City may have on file for the vicinity of the project. 6. Provide existing reports and design information for drainage study being performed by others on Chandler Branch Tributary 1. 7. Provide assistance in obtaining information from local, regional, state, and federal agencies, as required. 8. Provide design criteria and approve design speed. 9. Provide timely reviews at predetermined milestones, decisions and directions necessary according to the agreed upon project schedule (Exhibit C). 10. Meet on an as needed basis to answer questions, provide guidance, and offer comment. 11. Provide venue, advertisement / notices, court reporter, materials, equipment, and other miscellaneous items, if required, associated with public involvement. 12. Promptly review invoices to City guidelines. EXHIBIT B Engineering Services Project Background The City of Round Rock (the "City") proposes widening University Blvd. to a 6 -lane, median divided arterial section between the IH 35 northbound frontage road to Sunrise Road (the "Project") utilizing the services of Keraiedy Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultant teaui listed below. This scope of services includes field surveying, subsurface utility engineering (SUE), environmental clearance documents, public involvement, geotechnical studies, traffic analysis, and preliminary engineering, to be performed by the prime consultant or subconsultant team. The project scope is arranged hi two separate phases of work. This Work Authorization (Design Phase 1) includes only the effort required up to the 30% design submittal. A future Supplemental to this Work Authorization (Design Phase 2) will include the additional effort required from the 30% design submittal through final design and bid phase services. Project Team Subconsultants a. The Wallace Group, Inc. (Field Surveyitig & Subsut face Utility Engineering Services) b. Terracm Consultatits, Inc. (Geoteclndcal Studies) C. Cox IMCLahj Environtttental Consulting, Inc. (Etivirornntetital Investigations) d. Kiwley-Hon» & Associates, Inc. (Traffic Arnalysis) Task: Data Collection The Engineer shall collect, review and evaluate the following data described below. The Engineer shall inform the City of any disagreement found with the information or documents. a. Record Drawings The Engineer shall contact the City to collect record drawings of the University Blvd. and any previous Geotechnical Studies. b. Utility Data The Engineer shall contact the City to obtain all available City Utility data. C. Sta►tdard Details The Engineer shall utilize the City's current roadway standard details. The Engineer shall also supplement standard details as required utilizing outside sources such as Williamson County, TxDOT, etc. Page B1 of B13 Task: Field Surveying The Engineer shall perform a topographic design extending 30' beyond the existing right-of- way (ROW), including along University Blvd. from the east ROW line of IH -35 to approximately 200 feet east of Sunrise Rd. The area will encompass topographic survey of the side roads for 200 feet and driveways within the project limits to approx. 25 feet beyond the ROW. Channel cross sections will be collected along Chandler Branch Tributary 1 for approx.. 600'. The scope of these services is defined as follows: a. Project A&nbr l Settip The City shall obtain Rights of Entry (ROE) from the affected landowners along the project route as required. Copies of the signed ROE letters shall be supplied to the Surveyor prior to starting work. Place a utility location request with the "One Call" system for designating of the underground utilities within the project lvnits. b. Recover, Verifij, and Establish Control Utilize the City's primary control monuments in the immediate vicinity of the project. The values will be relative to NAD 83 Texas State Plane Coordinates, Central Zone, 4203 (scaled to surface values). A "combined scale factor" will be derived for the centroid of the site for coordinate conversions to surface values. Vertical Datum will be GPS derived Orthometric heights and projected through the length of the project. Establish a vertical control system for the project. Establish a benchmark system for five locations within the project limits. Differential level lines will be conducted for establishing the elevation at each benchmark. A list of benchmarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. C. Right -of zoay (ROW) Depict the existing ROW condition within the project limits. The topographic map will show ROW lines with a best -fit alignment to found property corners, record subdivision lines, and previous ROW survey work provided by the City of Round Rock. Replacement of missing ROW monuments or property pins is not part of this scope. d. Field Stnvey Collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation (no greater than 100 foot intervals). The data will include curbs, gutters, culverts, and driveways, portions of parking areas, visible utilities and/or "one call" markings, drainage features (including flowline elevations), striping, trees 6" or larger within the project limits and any other visible improvements within the defined area. Generate a 1 foot contour interval DTM file of the project area. Collect spot elevations and grade breaks along Chandler Branch Tributary 1 at 50 foot intervals. Collect 2 cross sections downstream of the University Blvd. crossing, and cross sections at 50' intervals for approx. 500 feet upstream of the University Blvd. crossing. Cross sections upstream of University Blvd. will extend 50 feet beyond the western top of bank, and 200 feet beyond the eastern top of bank. Page B2 of B13 Locate a total of 12 geoteclunical boreholes. These will be located after the boreholes have been drilled by the geoteclulical subconsultant. These locations will be inserted in the MicroStation DGN drawing and an ASCII file of these locations will be created. e. Prepare Deliverables Utilize the data collected along the Project corridor in the Field Survey to produce a Microstation 2D, 3D, TIN, DAT, and ASCII point file. Survey field notes and supporting electronic data will be made available upon request or as stated above. Prepare a horizontal and vertical control layout exhibit which will include the benchmark system callouts. Task: Subsurface Utility Engineerin- The Subsurface Utility Engineering (SUE) Engineer will provide Quality Level D and Quality Level C SUE Services as described below. Existing utilities will be mapped to Quality Level D / Quality Level C and used to determine potential locations for completing Quality Level A (test hole) services to be completed during Design Phase 2, if necessary. The SUE Engineer will coordinate with Texas811 and Utility Locators to request that underground utilities be marked for approx. 4,000 LF of University Blvd. including 30' beyond the existing ROW and 200 LF in each direction for side roads. The SUE Engineer shall survey visible utilities, paint markings & put flags indicating the presence and approximate location of subsurface utilities and add all available records and field utility information to the drawing. a. Quality Service Level D (QL-D) Utility records for the project area include: primary electric, telephone, fiber optic, gas, water, sanitary sewer and storm dravt systems. Tlie SUE Engineer will collect any additional utility records as necessary for the project. b. Qxality Service Level C (QL-C) Field locate and obtain accurate horizontal position of visible utility surface features for all of the utility systems described within Level D service. The SUE Engineer will provide all services to the standard of care applicable in the subsurface engineering profession. The services will meet or exceed the standard guidelines of ASCE C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing Subsurface Utility Data". C. Prepare Deliverables The SUE Engineer will analyze and correlate all of the field -collected information with the collected record information for ensuring continuity of the information collected. Resolve conflicts with Level D and C information. All information will be correlated to the project's monumentation. Utility plan sheets (11"x 17") will be prepared. The utilities will be referenced by the type of utility, color coded to American Public Works Association standards, utility company or agency name, address, telephone number and contact person. Page B3 of B13 Task: Geotechnical Studies a. Field Prograiii The Geoteclulical Engineer shall perform non-destructive evaluation of the existing roadway section along the project alignment using ground penetrating radar (CPR). The purposes of the CPR survey is to: • Determine differing pavement layer thicknesses along the length of the project roadway alignment (original pavement section, widened pavement sections, turn lane pavement sections, etc.); • Identify significant change in pavement component materials; • Provide preliminary information for identifying appropriate boring locations; • Identify secondary features such as voids and trapped moisture, if any; • Obtain a video log of the existing pavement surface condition. The Geotecluiical Engineer shall perform falling weight deflectotmeter (FWD) testing to evaluate the strength of the existing pavement layers to support anticipated traffic loads. The FWD is an instrument that delivers a load pulse to the pavement surface that is designed to simulate high speed truck loadings and is used to measure deflections in the pavement. Combined with the pavement layer thicknesses determined in the CPR survey, the FWD data is then used to determine the existing structural capacity of the road as well as the expected remaining pavement life under the anticipated traffic loading, Tlne Geotechnical Engineer shall collect nine (7) borings to a depth of about 5 feet in the proposed roadway widening areas to evaluate subsurface conditions in the proposed paving areas that will be utilized for design of new pavements for the widening areas, The Geotechnical Engineer shall collect eight (5) borings in the existing roadway lanes for the purpose of obtaining pavement section thicknesses and subgrade conditions in the paved areas. This information will be utilized along with the CPR survey and FWD test data to estimate remaining life of the existing pavement and develop recommendations for roadway rehabilitation/innprovetmeints, as appropriate. The Geotechnical Engineer shall collect Two (2) borings to a depth of about 5 feet along the proposed Cypress Blvd extension alignment on either side adjacent to the drainage channel to evaluate subsurface conditions including possible fills from previous site earthwork in the area. The layout of the borings will be approximated based on as -built plans, if available. Boring depths will be measured from existing grades at the time of drilling. Sampling will be in general accordance with industry standard procedures wherein Shelby tube samples or splitbarrel (Standard Penetration Test) samples are obtained. The Geoteclurical Engineer shall observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to the laboratory. Page B4 of B13 Traffic control services will be subcontracted to N -Lune Traffic Maintenance to allow for drilling in the roadways with standard truck -mounted equipment as well as to perform FWD tests along the project roadway alignment. Drilling and FWD testing activities will require closure of one lane adjacent to each boring location during the course of the field exploration program. The Geotechnical Engineer shall contact the Texas One -Call system to locate underground utilities within public right-of-ways and easements at the site. This proposal does not include services associated with the location of underground utilities on private property. The Geotechnical Engineer shall not be responsible for damage to private utilities which are not made known. The Geotechnical Engineer shall take all reasonable efforts to reduce damage to the property. This scope has not accounted for restoring the site beyond backfilling the boreholes. If there are any restrictions or special requirements regarding the site or exploration, these should be made known prior to commencing field work. The GPR survey, FWD testing and drilling services including traffic control services for this project will be performed by subcontractors under the Geoteclunical Engineer's direction. This scope and fee is based on the site being accessible to our conventional two - wheel drive truck -mounted drilling equipment during normal business hours (09:00 AM through 04:00 PM on weekdays). Additional costs may result if this is not the case. During the drilling operations, vehicle and pedestrian access to those areas (typically a standard lane closure) around the boring will be restricted. This scope of services does not include location of underground utilities beyond contacting the Texas One -Call (or DigTESS) locate service, which only mark utilities in public easements and right-of-ways. If such conditions are known to exist on the site, the Geotechnical Engineer should be notified so that they may adjust the scope of services and fee, if necessary. For safety purposes, all borings will be backfilled immediately after their completion with soil auger cutting and the surface of the boreholes will be capped with concrete. Excess auger cuttings will be disposed of on the site. Because backfill material often settles below the surface after a period of tune, we recommend the boreholes be checked periodically and backfilled if necessary. b. Review of Utility Plaits The Geotechnical Engineer shall review the locations of the underground utilities at the site identified in the Level C SUE product and available record drawings and locate boxings away from the apparent utility line areas. C. Laboratory Testi►ig The samples will be tested in a laboratory to determine physical engineering characteristics. Testing will be performed wider the direction of a professional geotechnical engineer and will include visual classification, moisture content, dry density, grain size analyses, Atterberg limit, and strength tests (unconfined compression), as appropriate. Page B5 of B13 In addition, the following tests will be performed for evaluating suitability of lime treatment of the pavement subgrades: • Lune percentage versus pH and plasticity index (2 samples) • Soluble sulfate content test (3 samples) d. Engineering Analysis and Report The results of the field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Texas. The GPR Survey and FWD testing data will be reviewed and analyzed by an experienced external consultant who will be a subcontractor to the Geotechnical Engineer. Based on the results of the evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The report will include the following: • Computerized boring logs with subsurface stratigraphy based on visual classification; • Summarized laboratory data; • Groundwater levels, if observed, during and at completion of drilling; •Boring location plan; • Subsurface exploration procedures; • Encountered subsurface conditions; • Pavement distress observation; • Estimated remaining life of existing roadway for anticipated traffic loads; • Pavement improvement/rehabilitation options for existing roadway lanes, as appropriate; • Pavement thickness guidelines for University Boulevard roadway widening sections and Cypress Boulevard extension (Traffic loading information must be provided to Terracon prior to geotechnical report preparation). • Recommended subsurface drainage options, if appropriate. Two (2) bound paper copies of the Draft and Final report and one electronic PDF copy of the report will be provided. In addition to the engineering report, a senior level geotechnical engineer will attend two project meetings to discuss the project. Task: Enviromnental Technical Memorandum The Engineer shall prepare an Environmental Technical Memorandum related to the proposed improvements, which is intended to document compliance with environmental regulations that are applicable to a City-fuutded project and does not include preparation of a NEPA document (CatEx, EA, or EIS) pursuant to the National Environmental Policy Act (NEPA) because no federal funding is anticipated. Page B6 of B13 a. Odho-al Resources -Archeology Archival research will be performed in the electronic and mapping files of the Texas Historical Commission (THC) Atlas Sites database, the Texas Archeological Research Laboratory (TARL), and/or any other relevant archives for information on previous cultural resource investigations conducted and previously recorded sites and historic properties in the vicinity of the project's Area of Potential Effect (APE). The results of this research will be summarized in the environmental report. A coordination letter will be prepared and sent to the THC in order to determine the need for a pedestrian survey. If necessary, it would be carried out under an. additional scope and budget. b. Water Resources Collect data on surface water streams and other existing water resources and the potential for pollution during construction and from the completed facility. The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the proposed project will be assessed. C. Wetlands and Waters of the U.S. Wetlands specialists will perform evaluations of wetlands and waters of the U.S. in all areas potentially affected by the proposed project. Wetland field delineations will be conducted and wetland data sheets will be prepared and included in the report appendix. This task will include a determination of the type of permit (if any) that will be needed from the U.S. Army Corps of Engineers (USACE). The permit determination will be summarized in the report. Any 404 permit preparation would be carried out under an additional scope and budget. d. Biological Resources Describe project area biological resources including vegetation communities and wildlife habitat. Ecologically sensitive resources, including potential threatened or endangered species habitat, will be identified and their potential to be affected by project construction and operation will be assessed and described in the environmental report. A wildlife habitat assessment for suitability for endangered species will be conducted by the Engineer. Because much of the project area has been previously disturbed, there is a low likelihood for suitable habitat, and no presence/absence surveys are anticipated. However, the Geologic Assessment will include an assessment of potential karst features and caves in the project area, in order to determine the potential for encountering listed karst species. If required, karst feature surveys or other threatened/endangered species surveys would be completed tinder an additional scope and budget. This scope includes preparation of a participation application and submittal to the WCCF for coverage under the Williamson County Regional HCP. e. Hazardous Materials A database search of previously recorded hazardous material sites in the project area will be conducted and a summary incorporated into the environmental report. During field visits, project environmental staff will identify sites within and near the project corridor Page B7 of B13 that may pose a potential hazardous materials risk. A Phase I Environmental Site Assessment is not included in this Scope of Services. f. Environmental Tech Memo Preparation/Corrarfrent Response This task includes the writing and production of a complete environmental technical memorandum, as well as revisions in response to continents from the City of Round Rock. Only generalized, preliminary mitigation measures will be presented where adverse impacts may potentially occur; detailed mitigation plans are not part of this Scope of Services. This task includes the submittal of two (2) unbound copies and a PDF of the draft environmental tech memo (City of Round Rock review) and two (2) unbound copies and a PDF of the revised final tech memo. g. Exch nsiorrs The following tasks are not covered in this scope of work and may or may not be necessary. If deemed necessary, these tasks could be conducted under a separate or supplemental work authorization: 1. Preparation of a NEPA document (CatEx, Environmental Assessment, or EIS); 2, Formal Section 10(a) Endangered Species Act consultation, including preparation of a stand-alone Biological Assessment or consultation outside of completion of Williamson County Regional HCP coordination; 3. Presence/absence surveys for endangered species; 4. Work extending beyond the specified limits of the project at the time of this work authorization; 5. Any Section 404 permit preparation or agency correspondence; 6. Hazardous materials Phase I & Phase II ESAs; 7. Reconnaissance or intensive historic structures surveys, archeological surveys or assessments of eligibility, or management recommendations for any historic structures; 8. Archeological survey, site testing, or data recovery, and; 9. Litigation support. Task: TCEO Coordination Early coordination with TCEQ will be established for concurrence on water quality treatment techniques to be applied on the project. This includes selection of appropriate BMP, preliminary design calculations for water quality treatment, preliminary sizing of BMP, and determine permanent location for the BMP. This work will be performed to establish ROW impacts by the proposed BMP. A Water Pollution Abatement Plan (WPAP) for submittal to TCEQ will be prepared in Design Phase 2. Page B8 of B13 Task: Geologic Assessment (GA) a. Field Reconnaissatice A qualified professional geologist, licensed in the State of Texas, will conduct a detailed field survey of the site. The purpose of the GA field survey will be to observe if any significant geologic (karst) or manmade features, as defined in 30 TAC §213, are present within the study area. These features include closed depressions, sinkholes, caves, faults, fractures, wells, borings, and excavations. Particular attention will be paid to any sensitive features, which are defined as features where rapid infiltration from the surface to the Edwards Aquifer can occur. Each feature observed will be numbered, described and measured, plotted on a site map and tabulated in the form of a Geologic Assessment Table. The actual coordinates of each feature will also be determined by use of a portable Global Positioldng System (GPS) unit and will also be tabulated. b. Report Preparation Following completion of the field reconnaissance, a report will be completed. The GA report will include the completed Geologic Assessment Table, the completed Geologic Assessment Form, a brief narrative assessment of the site specific geology and completed site geologic map. The site geologic map .will be at the same scale as the base map included hi the Water Pollution Abatement Plan (WPAP). Task: Public Involvement a. Coordination Meetings The Engineer shall conduct four (4) group stakeholder meetings and one (1) open house. The Engineer shall prepare exhibits and provide the project manager to attend each stakeholder meeting and the open house. b. Meeting Suninraries The Engineer shall prepare meeting minutes to summarize each stakeholder meeting. The Engineer shall prepare an open house summary to include documentation of the open house and address comments presented by the public. C. Mailing List The Engineer shall develop a project mailing list, including adjacent property owners and other relevant stakeholders, as determined by the City. Page B9 of B13 Task: Traffic Study The Engineer shall conduct a traffic study to determine the following: • Comparison of existing and the 20 year morning and afternoon peak vehicle delays on University Blvd.; • Impacts of limiting nortli-south through movements on the IH 35 frontage roads (DDI); • Optimal lane configurations at signalized 'intersections in the project limits. a. Project Atliiinistration The Engineer shall coordinate with the City, as required. b. Data Cottectioir 1. Existing VISSIM and Synchro models for the corridor will be obtained froin the City. 2. Recent turning movement counts collected for the University Blvd. signal re -timing project will be collected and will be considered existing conditions. No new additional counts will be collected vender this work authorization. 3. A copy of the TIA for the proposed HEB store and other projects in the study corridor will be obtained from the City of Rotund Rock. 4. Current signal tieing plans will be obtained from the City of Round Rock signal shop. 5. Visual observation of the project corridor will be conducted to determine existing lane configurations, speed limits, and other traffic control. 6. Historical average daily traffic counts will be collected from the City and the TxDOT annual count maps to determine background traffic growth. No daily traffic counts will be collected under this work authorization. 7. Site plan information for the proposed HEB store and other retail development withitn the project limits will be obtained from the City. C. Traffic Analysis 1. Future peak hour traffic volumes for the HEB store and other approved projects will be based on data from the Traffic Impact Analysis reports obtained from the City. 2. Future peak hour background traffic volumes will be estimated based on historical traffic growth. 3. Recently developed VISSIM models for the proposed DDI interchange at University Blvd. and IH 35 (developed by TxDOT) will be obtained from the City of Round Rock. Future traffic volumes projections will be developed and used in the VISSIM model to determine peak hour operational characteristics at the interchange for the design year. 4. Recently developed Synchro models for the University Blvd. signal re -timing project will be used to determine peak hour operational characteristics from the IH 35 northbound frontage road to Sunrise Road. Model results at each intersection will be used to determine the appropriate lane assignments, turn bay lengths, and the need additional auxiliary lanes (i.e. left -tun or right -turn). Page B10 of B13 5. The impacts of re-routing northbound IH 35 frontage road traffic will be studied by comparing the alternative of a mid -block U-turn to routing them through the eastbound left turn at University Oaks. For budget purposes, it is assumed that this analysis will be based on an approximation developed using the Synchro model. 6. For budget purposes, it is assumed that the VISSIM model has been properly coded, calibrated, and documented and that all files necessary to perform a complete simulation are provided. Any additional VISSIM modeling will be addressed through a supplemental agreement to this work authorization. d. Shmilatioti Exhibits 1. Future peak hour traffic simulations for the IH 35 / University Blvd. uiterchange will be based on the TxDOT VISSIM modeling efforts as described in the TRAFFIC ANALYSIS task. 2. Future peak hour simulations from the IH 35 northbound frontage road to Sunrise Road will be based on the SYNCHRO modeling efforts described in the TRAFFIC ANALYSIS task. 3. Simulation videos will be provided in ."I or .MPG format for use in visually presenting the analysis results. e. Report Results of the traffic analysis exercise will be presented in a Technical Memorandum format. The report will provide a description of: • Project Overview, • Data Collection Efforts, • Study Methodology, • Analysis Results, • Recommended Intersection Geometries, and • Findings Two (2) bound paper copies of the Draft and Final report and one electronic PDF copy of the report will be provided. Task: Preliminary Design a. Roadway Desigir The Engineer shall: • Develop roadway design criteria summary table for approval by the City; • Establish the horizontal alignment from as -built drawings, existing or proposed ROW lines, or other appropriate methods; • Develop typical sections (pavement cross slopes, lane and shoulder widths, slope rates for fills and cuts) of the proposed facility; • Establish the proposed profile grade line; • Establish locations for pavement widening; Page B11 of B13 • Identify median openings and turn lanes, in conjunction with the City; • Identify impacts to driveways; • Identify locations for pedestrian facilities; • Develop a preliminary drainage concept; • Develop preliminary cross sections; • Establish the proposed ROW footprint of the proposed facility. b. Cypress Extension The Engineer shall develop a preliminary design for the northern extension of Cypress Blvd, and driveway access road across Chandler Branch Tributary 1. This task shall include: • Property owner coordination, as appropriate • Develop horizontal alignment; • Develop typical sections; • Establish the proposed profile grade Iine; • Develop a preliminary drainage concept. C. Utility Investigations The Engineer .shall coordinate with the utility owner and with the City to identify potential utility conflicts, and shall develop a conflict analysis summary. d. Traffic Control Concept The Engineer shall develop a preliminary traffic control concept for the proposed widening along University Blvd. e. Scllenratic of Proposed Ilnprovenients The Engineer shall prepare a plan schematic exhibit detailing the limits and extents of the proposed project improvements. The exhibit will include identification of the centerline alignment, proposed profile grade, existing and proposed ROW lines, areas of proposed pavement widening, median openings and turn lanes, driveway reconstructions, and preliminary drainage. f. PI-elnninary Cost Estimate The Engineer shall prepare a preliminary cost estimate itemizing and summing the construction cost of the proposed improvements. S. Construction Schedule The Engineer shall develop a preliminary construction schedule to determine appropriate incentives and disincentives for incorporation in the construction documents. Page B12 of B13 It. Subtrrittals The Engineer shall provide the following information at each submittal: 1. 60% Schematic Submittal • One (1) Schematic roll plot • One (1) Preliminary Cost Estimate • CD containing PDF copies of all submittal items 2. Final Schematic Submittal • One (1) Schematic roll plot • One (1) Preliminary Cost Estimate • One (1) Preliminary Traffic Control Concept roll plot • One (1) Preliminary Construction Schedule • CD containing PDF copies of all submittal items Task: General Project Management a. General Mattagerttent The Engineer shall establish and maintain project schedules and budgets, develop monthly progress reports, prepare invoices and meet with the City and other entities on an as needed basis for the duration of the project design. b. SrtbcottsuItattt Srtpervisio» The Engineer shall establish a schedule for the engineering services to be performed by the subconsultants at the beginning of the project. The Engineer shall be responsible for the coordination, supervision, review and 'incorporation of the subconsultants' work. C. Project Coordhiation Meethigs General project coordination with the City shall consist of one meeting per month for six months. d. Project Website Updates The Engineer shall provide the City with updates, typically quaterly, to the project website that will be maintained by the City. Updates may include exhibits, schedule updates, and a brief project description. e. Utility Coordirtatiott The Engineer shall coordinate with local utility providers that have known facilities in the project area and attend the monthly utility coordination meeting hosted by the City. f. Quality Assurauce/QualityCoWrol The Engineer shall review all work to assure that the work is in accordance with City requirements and that the work is completed in a timely and efficient manner. Page B13 of B13 EXHIBIT C WORK SCHEDULE This Work Authorization shall terminate on August 31, 2013, unless amended by a Supplemental Agreement. Key work items (Design Phase 1): ➢ General Project Management ➢ Coordination Meetings ➢ Field Surveying ➢ Subsurface Utility Engineering (SUE) ➢ Geotechnical Engineering ➢ Preliminary Design ➢ Stakeholder Meetings ➢ 60% Schematic Submittal ➢ Open House ➢ 100% Schematic Submittal As needed, March - July 2013 As needed, March - July 2013 March 2013 March /April 2013 March / April 2013 April -- July 2013 May - July 2013 May 17, 2013 June 2013 July 26, 2013 EXHIBIT D Fee Schedule Description of Work or Task Cost / Task Totals Task: Task: Task: Task: Task: Task: Task: Task: Task: Kennedy Consulting, Ltd. Data Collection Field Surveying Subsurface Utility Engineering Geotechnical Studies Environmental Technical Memorandum TCEQ Coordination Public Involvement Preliminary Design General Project Management $3,980.00 $2,240.00 $1,900.00 $4,900.00 $1,180.00 $2,410A0 _ $17,380.00 $195,720.00 $55,950.00 KCI FEE SCHEDULE SUMMARY $285,660.00 Task: Kimley-Horn & Associates, Inc. (KHA) Traffic Study $20,325.05 KHA FEE SCHEDULE SUMMARY $20,325.05 — Task: Task: The Wallace Group, Inc. (WG) Field Surveying Subsurface Utility Engineering $50,455.00 $11,695.00 WG FEE SCHEDULE SUMMARY $62,150.00 Task: Terracon Consultants, Inc. (TC) Geotechnical Studies $25,815.00 Task: Geologic Assessment $2,400.00 TC FEE SCHEDULE SUMMARY $28,215.00 Task: CoxlMcLain Environmental Consulting, Inc. 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N N N •d U F' w N w w w N w to w w °o a f!7 }^ `[ 2 to o O O O o 0 co co � 2 01—ON"" v M M W fA -:Uk coo O O It N V O°o < to < > 14 W O = d N O C,4 O o o O o 0o O �o O m co w `f' M c x a --.: O O v v O O o N < N < O N W a Ii. a C o a N c N 7 •� 'a � G C i U h o Et E E m E U Q U 72 aCi N �' N m ro E o u Q t E a, iU 7 •0 e N W N r c f 0) Co m 7 Wmmzon 02 � d 02— E Q C Q m u 9 jj ���npp X d is v O o v v c� rn Q U U xx W U E C O C N o t y a V '> a m z F- C7 I o W c W is -6 u v 6 tm t - I X N A r e» N C N =� N U) C N CL o w a� E 0 0 M E to E J N v O O O O 0 O 0 O 0 U _ 0 � 0 d 0 0 N 0 O N N tom Vf N N F U C. m N o N o o. N N N u a o c oF- T } CF C E 0 w 4)i E v c o a t N t � Z d � �CU U N N y O N H C m ` v 2 0 a0i O c W 07 i O p, 0M1 > m Lu 0 z w 0 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE DAT/( 2/2013) 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemenl(s). PRODUCER Agency, McLaughlin Brunson Insurance A LLP g g Y• 66DO LBJ Freeway Suite 220 Dallas TX 75240 CONT NAME: Patrick P McLaughlin PHONE FAX AIC o Ext: (214) 503-1212 VC No:(214) 503-8899 E-MAIL ADDRESS: GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC / INSURER A: Travelers Indemnity Company 25658 INSURED Kennedy Consulting, Ltd. INSURERB:Sentinel Insurance Co. Ltd 11000 SURERC:Catlin Insurance Company, Inc. 19519 SURER D: 205 R. University Ave. Suite 450 [INSURER Georgetown TX 78626 SURER E: F: PREPN.gisrs Ea occurrence $ 11000,000 COVERAGES CERTIFICATE NUMBER: Cert ID 18899 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL IN SU8R WVO POLICY NUMBER POLICY EFF MMlDD POLICY EXP MWDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 11000,000 B X COMMERCIAL GENERAL LIABILITY Y Y 46SBAIP5137 2/11/2013 2/11/2014 PREPN.gisrs Ea occurrence $ 11000,000 CLAIMS-MADEFx OCCUR MEO EXP (Any one person) S 10,000 PERSONAL SADV INJURY .S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG S 2,000,000 S POLICYFX—] PRO- LOC LIABILITY COMBINED SINGLE LIMIT atAU70M08lLE Ea acddent 1,000,000 BODILY INJURY (Per person) S B X ANY AUTO Y Y 46SBAIII5137 2/11/2013 2/11/2014 BODILY INJURY (Per socident) $ ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS No Owned Autos. PROPERTY DAMAGE $ Peraccident S B X UMBRELLALUIB [I OCCUR Y Y 46SBAIP5137 2/11/2013 2/11/2019 EACH OCCURRENCE $ 6,000,000 AGGREGATE S 6,000,000 EXCESS LIAB CLAIMS-F.ME DEO I X I RETENTIONS 10,000 S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER]EXECUTIVE❑NIA Y UB5536Y649 2/11/2013 2/11/2014 STATU- OTHi X IH E E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE -EA EIAPLOYEJ S 500,000 OFFICENMEMSER EXCLUDED (Mandatory in NH) E.L. DISEASE -POLICY LIMIT I S 500,000 It Yes, describe under DESCRIPTION OF OPERATIONS Woav I I I C Professional Liab. N Y ARD -99195-0214 2/11/2013 2/11/2014 Per Claim/ 3,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more spa" is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of certificate holder on all policies. GERTIFICA I It HOLUI=K 5,Ar4UCLw% I JVN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock City Manager 2221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 (UJ © 1988-2010 ACORO CORPOKATION. All rlgnts reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 City of Round Rock 'ROUND ROCK TEXAS wxros[ nasion wmernrrc Agenda Item Summary Agenda Number: 1.7 Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Kennedy Consulting, Ltd. for the University Boulevard Widening Project. Type: Resolution Governing Body: City Council Agenda Date: 3/28/2013 Dept Director: Gary Hudder, Transportation Director Cost: $408,758.95 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Resolution, Exhibit "A", Map Text of Legislative File 13-063 University Boulevard is experiencing rapid growth along the entire corridor, with corresponding increases in the volumes of traffic and delays along this arterial. Current traffic counts indicate an average travel time between IH 35 and Sunrise Road of approximately seven (7) minutes, with delay expected to grow exponentially over the next several years. This corridor serves the Round Rock Higher Education Center, two hospitals, an elementary school, as well as a large amount of residential and commercial uses. This contract with Kennedy Consulting, Ltd. (KCI) will develop 30% plans to widen University to a 6 -lane divided roadway between IH -35 and Sunrise Road. In addition to surveying, drainage and environmental reports, and the preliminary design customary with this level of effort, this contract will include public involvement and stakeholder coordination to ensure the project is successful. Finalization of the construction plans will be the subject of a future supplemental contract. KCI was the unanimous selection of the Transportation Department's Consultant Selection Committee for this project. Funding for this project was provided via Amendment #29 to the Transportation Capital Improvement Program. Staff recommends approval of this resolution. City of Round Rock Page 1 Printed on 3/25/2013 p � � z LLJ O LLJ u O O � w cl ROUND ROCK, TEXAS PURPOSE. MSSIOEI PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KENNEDY CONSULTING, LTD. ("Engineer") ADDRESS: 205 E. University Avenue, Suite 450, Georgetown, TX 78626 PROJECT: University Boulevard Widening THE STATE OF TEXAS § COUNTY OF WILLIAMSON § TIlIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of jI OV t4,— , 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. 05/10 0199.1355;00268235 00192831 K- 15-03-n -z-4-- CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled `Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. ►a (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 Four Hundred Eight Thousand Seven Hundred Fifty -Eight and 95/100 Dollars ($408,758.95) 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 ill 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 b PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code, ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3237 Fax Number (512) 218-5563 Email Address bstablein@roundrocktexas.gov 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: Kevin Kennedy, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 Telephone Number (512) 846-2833 Fax Number (512) 819-9625 Email Address kkenne(ly@kci-ltd.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in frill 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 here -Linder 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. GZ 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 conulnon 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 fiurnish 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 therm. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE IS 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 continents 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 fiulfill 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 tennination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 0 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to 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, minhnum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise. defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting fiom the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recom-rnended 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) Snbconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such fiiture 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 Engineea•: Kevin Kennedy, PE Project Manager 205 E. University Avenue, Suite 450 Georgetown, TX 78626 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be Rilly responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with tine 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 ftimished 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 cormection with tine Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and frill performance of the terms and provisions hereof. CITY OF OUND ROCK, TEXAS *Steph D S TO RM: By: Alan McGraw, Mayor Sheets, City Attorney ATTEST: B 4M/L &bY•k Sara L. White, City Clerk KENNEDY CONSULTING, LTD. By: Z�. SiViture of Principal Prd Name: 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services Project Background The City of Round Rock (the "City") proposes widening University Boulevard to a 6 -lane, median divided arterial section between the IH 35 northbound frontage road to Sunrise Road (the "Project") utilizing the services of Kennedy Consulting, Ltd., (the "Engineer") as the prime consultant. The City will furnish to the Engineer the following information and/or perform the following tasks for those items for which the City is offering to provide information on file, the City will endeavor to provide items requested by the Engineer that are readily retrievable and germane to the Project as determined by the City at its sole discretion. Any information supplied by the City to the Engineer will consist of a minimum of one copy in a format deemed appropriate by the City at its sole discretion. 1. Provide a Project Manager to serve as the primary point of contact for the Engineer for the Project. 2. Furnish all applicable data and correspondence the City may have on file for the project. 3. Provide all necessary rights -of -entry needed for survey, geotech, or other engineering tasks that require work outside public right-of-way. Copies of the signed ROE letters shall be supplied to the Engineer. 4. Provide existing typical sections, as -built drawings, and right-of-way maps that the City may have on file. 5. Provide any existing survey data the City may have on file for the vicinity of the project. 6. Provide existing reports and design information for drainage study being performed by others on Chandler Branch Tributary 1. 7. Provide assistance u1 obtaining information from local, regional, state, and federal agencies, as required. 8. Provide design criteria and approve design speed. 9. Provide timely reviews at predetermined milestones, decisions and directions necessary according to the agreed upon project schedule (Exhibit C). 10. Meet on an as needed basis to answer questions, provide guidance, and offer comment. 11. Provide venue, advertisement / notices, court reporter, materials, equipment, and other miscellaneous items, if required, associated with public involvement. 12. Promptly review invoices to City guidelines. EXHIBIT B Engineering Services Project Background The City of Round Rock (the "City") proposes widening University Blvd. to a 6-Iane, median divided arterial section between the IH 35 northbound frontage road to Sunrise Road (the "Project") utilizing the services of Keiunedy Consulting, Ltd., (the "Engineer") as the prime consultant with support from the subconsultant team listed below. This scope of services includes field surveying, subsurface utility engineering (SUE), environmental clearance documents, public involvement, geoteclulical studies, traffic analysis, and preliminary engineering, to be performed by the prime consultant or subconsultant team. Tine project scope is arranged in two separate phases of work. This Work Authorization (Design Phase 1) includes only the effort required up to the 30% design submittal. A future Supplemental to this Work Authorization (Design Phase 2) will include the additional effort required from the 30% design submittal through final design and bid phase services. Project Team Subconsultants a. Vie Wallace Group, Inc. (Field Surveying & Subsurface Utility/ Engineering Services) b. Terracon Consultants, Inc. (Geotechnical Studies) C. Cox IMcLain Environmental Consldting, Inc. (Environmental Investigations) d. Kinlley-Horn & Associates, Inc. (Traffic Analysis) Task: Data Collection The Engineer shall collect, review and evaluate the following data described below. The Engineer shall inform the City of any disagreement found with the information or documents. a. Record Drawings The Engineer shall contact the City to collect record drawings of the University Blvd. and any previous Geotechnical Studies. b. Utility Data The Engineer shall contact the City to obtain all available City Utility data. C. Standard Details The Engineer shall utilize the City's current roadway standard details. The Engineer shall also supplement standard details as required utilizing outside sources such as Williamson County, TxDOT, etc. Page B1 of B13 Task: Field Surveying The Engineer shall perform a topographic design extending 30' beyond the existing right-of- way (ROW), including along University Blvd. from the east ROW line of IH -35 to approximately 200 feet east of Sunrise Rd. The area will encompass topographic survey of the side roads for 200 feet and driveways within the project limits to approx. 25 feet beyond the ROW. Channel cross sections will be collected along Chandler Branch Tributary 1 for approx.. 600'. The scope of these services is defined as follows: a. Project Adinhi / Setup The City shall obtain Rights of Entry (ROE) from the affected landowners along the project route as required. Copies of the signed ROE letters shall be supplied to the Surveyor prior to starting work. Place a utility location request with the "One Call" system for designating of the underground utilities within the project limits. b. Recover, Verifij, and Establish Cofltrol Utilize the City's primary control monuments in the immediate vicinity of the project. The values will be relative to NAD 83 Texas State Plane Coordinates, Central Zone, 4203 (scaled to surface values). A "combined scale factor" will be derived for the centroid of the site for coordinate conversions to surface values. Vertical Datum will be GPS derived Orthometric heights and projected through the length of the project. Establish a vertical control system for the project. Establish a benchmark system for five locations within the project limits. Differential level lines will be conducted for establishing the elevation at each benchmark. A list of benchmarks with coordinates (to be used for locating purposes only), descriptions, and reported elevations will be included in the project deliverables. C. Right-of-zvay (ROW) Depict the existing ROW condition within the project limits. The topographic map will show ROW lines with a best -fit alignment to found property corners, record subdivision lines, and previous ROW survey work provided by the City of Round Rock. Replacement of missing ROW monuments or property pins is not part of this scope. d. Field Survey Collect spot elevations and grade breaks along the project route at intervals conducive to precise DTM generation (no greater than 100 foot intervals). The data will include curbs, gutters, culverts, and driveways, portions of parking areas, visible utilities and/or "one call" markings, drainage features (including flowline elevations), striping, trees 6" or larger within the project limits and any other visible improvements within the defined area. Generate a 1 foot contour interval DTM file of the project area. Collect spot elevations and grade breaks along Chandler Branch Tributary 1 at 50 foot intervals. Collect 2 cross sections downstream of the University Blvd. crossing, and cross sections at 50' intervals for approx. 500 feet upstream of the University Blvd. crossing. Cross sections upstream of University Blvd. will extend 50 feet beyond the western top of bank, and 200 feet beyond the eastern top of bank. Page B2 of B13 Locate a total of 12 geotechnical boreholes. These will be located after the boreholes have been drilled by the geotecluucal subconsultant. These locations will be inserted in the MicroStation DGN drawing and an ASCII file of these locations will be created. e. Prepare Deliverables Utilize the data collected along the Project corridor in the Field Survey to produce a Microstation 2D, 3D, TIN, DAT, and ASCII point file. Survey field notes and supporting electronic data will be made available upon request or as stated above. Prepare a horizontal and vertical control layout exhibit which will include the benchmark system callouts. Task: Subsurface Utility En ing eering The Subsurface Utility Engineering (SUE) Engineer will provide Quality Level D and Quality Level C SUE Services as described below. Existing utilities will be mapped to Quality Level D / Quality Level C and used to determine potential locations for completing Quality Level A (test hole) services to be completed during Design Phase 2, if necessary. The SUE Engineer will coordinate with Texas811 and Utility Locators to request that underground utilities be marked for approx. 4,000 LF of University Blvd. including 30' beyond the existing ROW and 200 LF hl each direction for side roads. The SUE Engineer shall survey visible utilities, paint markings & pin flags indicating the presence and approximate location of subsurface utilities and add all available records and field utility information to the drawing. a. Quality Service Level D (QL-D) Utility records for the project area include: primary electric, telephone, fiber optic, gas, water, sanitary sewer and storm drain systems. The SUE Engineer will collect any additional utility records as necessary for the project. b. Quality Service Level C (QL-C) Field locate and obtain accurate horizontal position of visible utility surface features for all of the utility systems described within Level D service. The SUE Engineer will provide all services to the standard of care applicable in the subsurface engineering profession. The services will meet or exceed the standard guidelines of ASCE C -I 38-02 circular for "Standard Guideline For The Collection And Depiction Of Existing Subsurface Utility Data". C. Prepare Deliverables The SUE Engineer will analyze and correlate all of the field -collected information with the collected record information for ensuring continuity of the information collected. Resolve conflicts with Level D and C information. All information will be correlated to the project's monumentation. Utility plan sheets (11"x 17") will be prepared. The utilities will be referenced by the type of utility, color coded to American Public Works Association standards, utility company or agency name, address, telephone number and contact person. Page B3 of B13 Task: Geotechnical Studies a. Field Program The Geotechnical Engineer shall perform non-destructive evaluation of the existing roadway section along the project alignment using gronuld penetrating radar (GPR). The purposes of the GPR survey is to: • Determine differing pavement layer thicknesses along the length of the project roadway alignment (original pavement section, widened pavement sections, turn lane pavement sections, etc.); • Identify significant change in pavement component materials; • Provide preliminary information for identifying appropriate boring locations; • Identify secondary features such as voids and trapped moisture, if any; • Obtain a video log of the existing pavement surface condition. The Geotechnical Engineer shall perform falling weight deflectometer (FWD) testing to evaluate the strength of the existing pavement layers to support anticipated traffic loads. The FWD is an instrument that delivers a load pulse to the pavement surface that is designed to simulate high speed truck loadings and is used to measure deflections in the pavement. Combined with the pavement layer thicknesses determined in the GPR survey, the FWD data is then used to determine the existing structural capacity of the road as well as the expected remaining pavement life under the anticipated traffic loading, The Geotechnical Engineer shall collect nine (7) borings to a depth of about 5 feet in the proposed roadway widening areas to evaluate subsurface conditions in the proposed paving areas that will be utilized for design of new pavements for the widening areas, The Geotechnical Engineer shall collect eight (5) borings in the existing roadway lanes for the purpose of obtaining pavement section thicknesses and subgrade conditions in the paved areas. TI -ds information will be utilized along with the GPR survey and FWD test data to estimate remaining life of the existing pavement and develop recommendations for roadway rehabilitation/improvements, as appropriate. The Geotechnical Engineer shall collect Two (2) borings to a depth of about 5 feet along the proposed Cypress Blvd extension alignment on either side adjacent to the drainage channel to evaluate subsurface conditions including possible fills from previous site earthwork in the area. The layout of the borings will be approximated based on as -built plans, if available. Boring depths will be measured from existing grades at the time of drilling. Sampling will be in general accordance with industry standard procedures wherein Shelby tube samples or splitbarrel (Standard Penetration Test) samples are obtained. The Geotechnical Engineer shall observe and record groundwater levels during and after drilling. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to the laboratory. Page B4 of B13 Traffic control services will be subcontracted to N -Line Traffic Maintenance to allow for drilling in the roadways with standard truck -mounted equipment as well as to perform FWD tests along the project roadway alignment. Drilling and FWD testing activities will require closure of one lane adjacent to each boring location during the course of the field exploration program. The Geotechnical Engineer shall contact the Texas One -Call system to locate underground utilities within public right-of-ways and easements at the site. This proposal does not include services associated with the location of underground utilities on private property. The Geotechnical Engineer shall not be responsible for damage to private utilities which are not made known. The Geotechnical Engineer shall take all reasonable efforts to reduce damage to tine property. This scope has not accounted for restoring the site beyond backfilling the boreholes. If there are any restrictions or special requirements regarding the site or exploration, these should be made known prior to commencing field work. The GPR survey, FWD testing and drilling services including traffic control services for this project will be performed by subcontractors tunder the Geotecluucal Engineer's direction. This scope and fee is based on the site being accessible to our conventional two - wheel drive truck -mounted drilling equipment during normal business hours (09:00 AM through 04:00 PM on weekdays). Additional costs may result if this is not the case. During the drilling operations, vehicle and pedestrian access to those areas (typically a standard lane closure) around the boring will be restricted. This scope of services does not include location of underground utilities beyond contacting the Texas One -Call (or DigTESS) locate service, which only mark utilities in public easements and right-of-ways. If such conditions are known to exist on the site, the Geoteclunical Engineer should be notified so that they may adjust the scope of services and fee, if necessary. For safety purposes, all borings will be backfilled immediately after their completion with soil auger cutting and the surface of the boreholes will be capped with concrete. Excess auger cuttings will be disposed of on the site. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled if necessary. b. Review of Utilihj Pla►rs The Geotechnical Engineer shall review the locations of the tulderground utilities at the site identified in the Level C SUE product and available record drawings and locate borings away from the apparent utility line areas. C. Laboratory Testing The samples will be tested in a laboratory to determine physical engineering characteristics. Testing will be performed sunder the direction of a professional geotechnical engineer and will include visual classification, moisture content, dry density, grain size analyses, Atterberg limit, and strength tests (unconfined compression), as appropriate. Page B5 of B13 In addition, the following tests will be performed for evaluating suitability of lime treatment of the pavement subgrades: • Lune percentage versus pH and plasticity index (2 samples) • Soluble sulfate content test (3 samples) d. Engineering Analysis and Report The results of the field and laboratory programs will be evaluated by a professional geotechnical engineer licensed u -i the State of Texas. The GPR Survey and FWD testing data will be reviewed and analyzed by an experienced external consultant who will be a subcontractor to the Geotechnical Engineer. Based on the results of the evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The report will include the following: • Computerized boring logs with subsurface stratigraphy based on visual classification; • Summarized laboratory data; • Groundwater levels, if observed, during and at completion of drilling; • Boring location plan; • Subsurface exploration procedures; • Encountered subsurface conditions; • Pavement distress observation; • Estimated remaining life of existing roadway for anticipated traffic loads; • Pavement improvement/rehabilitation options for existing roadway lanes, as appropriate; • Pavement thickness guidelines for University Boulevard roadway widening sections and Cypress Boulevard extension (Traffic loading information must be provided to Terracon prior to geotechnical report preparation). • Recommended subsurface drainage options, if appropriate. Two (2) bound paper copies of the Draft and Final report and one electronic PDF copy of the report will be provided. In addition to the engineering report, a senior level geotechnical engineer will attend two project meetings to discuss the project. Task: Environmental Technical Memorandum The Engineer shall prepare an Environmental Technical Memorandum related to the proposed improvements, which is intended to document compliance with environmental regulations that are applicable to a City -funded project and does not include preparation of a NEPA document (CatEx, EA, or EIS) pursuant to the National Environmental Policy Act (NEPA) because no federal funding is anticipated. Page B6 of B13 a. Cultural Resources - Archeology Archival research will be performed in the electronic and mapping files of the Texas Historical Commission (THC) Atlas Sites database, the Texas Archeological Research Laboratory (TARL), and/or any other relevant archives for information on previous cultural resource investigations conducted and previously recorded sites and historic properties in the vicinity of the project's Area of Potential Effect (APE). The results of this research will be stunmarized in the environmental report. A coordination letter will be prepared and sent to the THC in order to determine the need for a pedestrian survey. If necessary, it would be carried out under -,ul additional scope and budget. b. Water Resources Collect data on surface water streams and other existing water resources and the potential for pollution during construction and from the completed facility. The 100 -year flood plain, as delineated by FEMA, will be identified and the impacts of the proposed project will be assessed. C. Wetlands and Waters of the U.S. Wetlands specialists will perform evaluations of wetlands and waters of the U.S. in all areas potentially affected by the proposed project. Wetland field delineations will be conducted and wetland data sheets will be prepared and included in the report appendix. This task will include a determination of the type of permit (if any) that will be needed from the U.S. Army Corps of Engineers (USACE). The permit determination will be summarized in the report. Any 404 permit preparation would be carried out under an additional scope and budget. d. Biological Resources Describe project area biological resources including vegetation communities and wildlife habitat. Ecologically sensitive resources, including potential threatened or endangered species habitat, will be identified and their potential to be affected by project construction and operation will be assessed and described in the environmental report. A wildlife habitat assessment for suitability for endangered species will be conducted by the Engineer. Because much of the project area has been previously disturbed, there is a low likelihood for suitable habitat, and no presence/absence surveys are anticipated. However, the Geologic Assessment will include an assessment of potential karst features and caves in the project area, in order to determine the potential for encountering listed karst species. If required, karst feature surveys or other threatened/endangered species surveys would be completed under an additional scope and budget. This scope includes preparation of a participation application and submittal to the WCCF for coverage under the Williamson County Regional HCP. e. Hazardous Materials A database search of previously recorded hazardous material sites in the project area will be conducted and a summary incorporated into the environmental report. During field visits, project environmental staff will identify sites within and near the project corridor Page B7 of B13 that may pose a potential hazardous materials risk. A Phase I Environmental Site Assessment is not included in this Scope of Services. f. Ettvirottntetttal Tech Mento Preparatiott/Cottttttettt Response This task includes the writing and production of a complete environmental technical memorandum, as well as revisions u1 response to continents from the City of Round Rock. Only generalized, preliminary mitigation measures will be presented where adverse impacts may potentially occur; detailed ;mitigation plans are not part of this Scope of Services. This task includes the submittal of two (2) unbound copies and a PDF of the draft environmental tech memo (City of Round Rock review) and two (2) Lusbound copies and a PDF of the revised final tech memo. g. Exclusions The following tasks are not covered in this scope of work and may or may not be necessary. If deemed necessary, these tasks could be conducted under a separate or supplemental work authorization: 1. Preparation of a NEPA doctunent (CatEx, Environmental Assessment, or EIS); 2. Formal Section 10(a) Endangered Species Act consultation, including preparation of a stand-alone Biological Assessment or consultation outside of completion of Williamson County Regional HCP coordination; 3. Presence/absence surveys for endangered species; 4. Work extending beyond the specified limits of the project at the time of this work authorization; 5. Any Section 404 permit preparation or agency correspondence; 6. Hazardous materials Phase I & Phase 11 ESAs; 7. Reconnaissance or intensive historic structures surveys, archeological surveys or assessments of eligibility, or management recommendations for any historic structures, 8. Archeological survey, site testing, or data recovery, and; 9. Litigation support. Task: TCEO Coordination Early coordination with TCEQ will be established for concurrence on water quality treatment techniques to be applied on the project. This includes selection of appropriate BMP, preliminary design calculations for water quality treatment, preliininary sizing of BMP, and determine permanent location for the BMP. This work will be performed to establish ROW impacts by the proposed BMP. A Water Pollution Abatement Plan (WPAP) for submittal to TCEQ will be prepared in Design Phase 2. Page B8 of B13 Task: Geologic Assessment (GA) a. Field Reconnaissance A qualified professional geologist, licensed in the State of Texas, will conduct a detailed field survey of the site. The purpose of the GA field survey will be to observe if any significant geologic (karst) or manmade features, as defined hi 30 TAC §213, are present within the study area. These features include closed depressions, sinkholes, caves, faults, fractures, wells, borings, and excavations. Particular attention will be paid to any sensitive features, which are defined as features where rapid infiltration from the surface to the Edwards Aquifer can occur. Each feature observed will be numbered, described and measured, plotted on a site map and tabulated in the form of a Geologic Assessment Table. The actual coordinates of each feature will also be determined by use of a portable Global Positioning System (GPS) unit and will also be tabulated. b. Report Preparation Following completion of the field reconnaissance, a report will be completed. The GA report will include the completed Geologic Assessment Table, the completed Geologic Assessment Form, a brief narrative assessment of the site specific geology and completed site geologic map. The site geologic map will be at the same scale as the base snap included in the Water Pollution Abatement Plan (WPAP). Task: Public Involvement a. Coordination Meetings The Engineer shall conduct four (4) group stakeholder meetings and one (1) open house. The Engineer shall prepare exhibits and provide the project manager to attend each stakeholder meeting and the open house. b. Meeting Sunnnaries The Engineer shall prepare meeting minutes to summarize each stakeholder meeting. The Engineer shall prepare an open house summary to include documentation of the open house and address comments presented by the public. C. Mailing List The Engineer shall develop a project mailing list, including adjacent property owners and other relevant stakeholders, as determined by the City. Page B9 of B13 Task: Traffic Studv The Engineer shall conduct a traffic study to determine the following: • Comparison of existing and the 20 year morning and afternoon peak vehicle delays on University Blvd.; • Impacts of limiting north -south through movements on the IH 35 frontage roads (DDI); • Optimal lane configurations at signalized 'intersections in the project limits. a. ProVIecl Adiiiiiiistration The Engineer shall coordinate with the City, as required. b. Data Collectiolt 1. Existing VISSIM and Synchro models for the corridor will be obtained from the City. 2. Recent turning movement counts collected for the University Blvd. signal re -tuning project will be collected and will be considered existing conditions. No new additional counts will be collected tuuder this work authorization. 3. A copy of the TIA for the proposed HEB store and other projects in the study corridor will be obtained from the City of Round Rock. 4. Current signal tinning plans will be obtained from the City of Round Rock signal shop. 5. Visual observation of the project corridor will be conducted to determine existing Dune configurations, speed limits, and other traffic control. b. Historical average daily traffic counts will be collected from the City and the TxDOT annual count maps to determine background traffic growth. No daily traffic counts will be collected under this work authorization. 7. Site plan information for the proposed HEB store and other retail development within the project linnits will be obtained from the City. C. Traffic Aral Psis 1. Future peak hour traffic volumes for the HEB store and other approved projects will be based on data from the Traffic Impact Analysis reports obtained from the City. 2. Future peak hour background traffic volumes will be estimated based on historical traffic growth. 3. Recently developed VISSIM models for the proposed DDI interchange at University Blvd. and IH 35 (developed by TxDOT) will be obtained from the City of Round Rock. Future traffic volumes projections will be developed and used in the VISSIM model to determine peak hour operational characteristics at the interchange for the design year. 4. Recently developed Synchro models for the University Blvd. signal re -timing project will be used to determine peak hour operational characteristics from the IH 35 northbound frontage road to Sunrise Road. Model results at each intersection will be used to determine the appropriate lane assignments, turn bay lengths, and the need additional auxiliary lanes (i.e. left -tum or right -turn). Page B10 of B13 5. The impacts of re-routing northbound IH 35 frontage road traffic will be studied by comparing the alternative of a mid -block U-turn to routing them through the eastbound left turn at University Oaks. For budget purposes, it is assumed that this analysis will be based on an approximation developed using the Synchro model. 6. For budget purposes, it is assLuned that the VISSIM model has been properly coded, calibrated, and documented and that all files necessary to perform a complete simulation are provided. Any additional VISSIM modeling will be addressed through a supplemental agreement to this work authorization. d. Shnulatloti Exliibtts 1. Future peak hour traffic simulations for the iH 35 / University Blvd. interchange will be based on the TxDOT VISSIM modeling efforts as described in the TRAFFIC ANALYSIS task. 2. Future peak hour simulations from the IH 35 northbound frontage road to Sunrise Road will be based on the SYNCHRO modeling efforts described in the TRAFFIC ANALYSIS task. 3. Simulation videos will be provided in ."I or .MPG format for use in visually presenting the analysis results. e. Report Results of the traffic analysis exercise will be presented in a Technical Memorandum format. The report will provide a description of: • Project Overview, • Data Collection Efforts, • Study Methodology, • Analysis Results, • Recommended Intersection Geometries, and • Findings Two (2) bound paper copies of the Draft and Final report and one electronic PDF copy of the report will be provided. Task: Preliminary Desirr a. Roadway Design The Engineer shall: • Develop roadway design criteria summary table for approval by the City; • Establish the horizontal alignment from as -built drawings, existing or proposed ROW lines, or other appropriate methods; • Develop typical sections (pavement cross slopes, lane and shoulder widths, slope rates for fills and cuts) of the proposed facility; • Establish the proposed profile grade line, • Establish locations for pavement widening; Page B11 of B13 • Identify median openings and turn lanes, in conjunction with the City; • Identify impacts to driveways; • Identify locations for pedestrian facilities; • Develop a preliminary drainage concept; • Develop preliminary cross sections; • Establish the proposed ROW footprint of the proposed facility. b. Cypress Extension The Engineer shall develop a preliminary design for the northern extension of Cypress Blvd, and driveway access road across Chandler Branch Tributary 1. This task shall include: • Property owner coordination, as appropriate • Develop horizontal alignment; • Develop typical sections; • Establish the proposed profile grade line; • Develop a preliminary drainage concept. C. Utility Investigations The Engineer shall coordinate with the utility owner and with the City to identify potential utility conflicts, and shall develop a conflict analysis summary. d. Traffic Coittrol Corrcept The Engineer shall develop a preliminary traffic control concept for the proposed widening along University Blvd. e. Sclienurtic of Proposed Inrprovetate►rts The Engineer shall prepare a plan schematic exhibit detailing the limits and extents of the proposed project improvements. The exhibit will include identification of the centerline aligrunent, proposed profile grade, existing and proposed ROW lines, areas of proposed pavement widening, median openings and turn lanes, driveway reconstructions, and preliminary drainage. f. Preliminary Cost Estimate The Engineer shall prepare a preliminary cost estimate itemizing and summing the construction cost of the proposed improvements. g. Constr•rrction Scliedide The Engineer shall develop a preliminary construction schedule to determine appropriate incentives and disincentives for incorporation in the construction documents. Page B12 of B13 It. Submittals The Engineer shall provide the following information at each submittal: 1. 60% Schematic Submittal • One (1) Schematic roll plot • One (1) Preliminary Cost Estimate • CD containing PDF copies of all submittal items 2. Final Schematic Submittal • One (1) Schematic roll plot • One (1) Preliminary Cost Estimate • One (1) Preliminary Traffic Control Concept roll plot • One (1) Preliminary Construction Schedule • CD containing PDF copies of all submittal items Task: General Project Management a. General Management The Engineer shall establish and maintain project schedules and budgets, develop monthly progress reports, prepare invoices and meet with the City and other entities on an as needed basis for the duration of the project design. b. SubconsuItant Supervision The Engineer shall establish a schedule for the engineering services to be performed by the subconsultants at the beginning of the project. The Engineer shall be responsible for the coordination, supervision, review and incorporation of the subconsultants' work. C. Project Coordination Meetings General project coordination with the City shall consist of one meeting per month for six months. d. Project Website Updates The Engineer shall provide the City with updates, typically quaterly, to the project website that will be maintained by the City. Updates may include exhibits, schedule updates, and a brief project description. e. Utility Coordination The Engineer shall coordinate with local utility providers that have known facilities in the project area and attend the monthly utility coordination meeting hosted by the City. f. Quality Assurauce/QtcalihjControl The Engineer shall review all work to assure that the work is in accordance with City requirements and that the work is completed in a timely and efficient manner. Page B13 of B13 EXHIBIT C WORK SCHEDULE This Work Authorization shall teiminate on August 31, 2013, Lidless amended by a Supplemental Agreement. Key work items (Design Phase 1): ➢ General Project Management ➢ Coordination Meetings ➢ Field Surveying ➢ Subsurface Utility Engineering (SUE) ➢ Geotechnical Engineering ➢ Prelinunary Design ➢ Stakeholder Meetings ➢ 60% Schematic Submittal ➢ Open House ➢ 100% Schematic Submittal As needed, March — July 2013 As needed, March — July 2013 March 2013 March / April 2013 March / April 2013 April ---- July 2013 May — July 2013 May 17, 2013 June 2013 July 26, 2013 EXHIBIT D Fee Schedule Description of Work or Task CosE 1, Task Totals Task: Task: Task: Task: Task: Task: Task: Task: Task: Kennedy Consulting, Ltd. Data Collection Field Surveying Subsurface Utility Engineering Geotechnical Studies _ Environmental Technical Memorandum TCEQ Coordination Public Involvement Preliminary Design General Project Management $3,980.00 $2,240.00 $1,900.00 $4,900.00 $1,180.00 $2,410.00 $17,380.00 $195,720. 00 $55,950.0 KCI FEE SCHEDULE SUMMARY $285,660.00 Task: Kimley-Horn & Associates, Inc. (KHA) Traffic Stud $20,325.05 KHA FEE SCHEDULE SUMMARY $20,325.05 Task: Task: The Wallace Group, Inc. (WG) Field Surveying Subsurface Utility Engineering $50,455.00 $11,695.0 WG FEE SCHEDULE SUMMARY $62,150.00 Task: Terracon Consultants, Inc. (TC) Geotechnical Studies 00 $25,815. Task: Geologic Assessment $2,400.00 TC FEE SCHEDULE SUMMARY $28,215.00 _ ..... (CIVIC) CoxIMcLain Environmental Consulting, Inc._ Task: Environmental Technical Memorandum $12,408.90 CMC FEE SCHEDULE SUMMARY $12,408.90 TOTAL_ FEE $408,768.95 J9., {p y O O O O as O aa O 0 O 0 ac O 0 O 0 ac O 0 O 0 O O 0 O O 0 p OO o 0 O 0 F o OD 0 0 o N O O O O Of F: co V m c N h aD Cl O W 44 N t4 r di " N d) �O.�{}� V) fA �- ai 4► M N yy h N U � W ' M r .�- w co co co r M N p N co c0 Vi L m QE`:p O r O r co c0 to N N r O O O O N O N (NO V F N N TLL R .0 • •t :O � It O O O O O O O O r r O O O O r �p C Q w w v v a co 0o o O co co a N 'd L o r dt L N C O l0 ID co co co co t0 r c0 r c0 w co co O N N N . 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J k � J £f Lo 4)§ E Cc � % w 7S § 2 J o U &? ■/ § a c aCDq o0 CD_ d$§- q p& o (7; f o k# co § ■\e � 00 00 LO o o =: v : -a - - - & - k - ■ & «ate ■ 2k o00 o 0 0 0 (D o m co .64 LU ¥ d <, a 2»k ■ yw_ o© 04� a It V� - � A LU »»«f �k 2q o o V* 04_ o# m m - > o § N o g o 0 0 0 0 w © 40 S L k $. $ 9L G o o_ v o* o o _ C4 «> § . w. 7 7 V 0 0 0� N N _ .G .%: �Jq B (to ° �§ § v \ ® )£ c ■ o E \ k § \2� § q § 7 R t ■ 2 $ § L ■ ) w M M § \ ) / a§ § 9 11 CL ■ k@ J 2 o § § k T c J $ ]© E k - E R b ; g { / § § § Q LU . f . 2 c , - � \ e k 0 0 k $ 8 8 8 k S � E \ oil $ 0 » � c 8 n o Cf \ k ■ ; ■ E f g � d � ) k k k 0 , $ % £ �} : v EXHIBIT E Certificates of Insurance Attached Behind This Page A� D® CERTIFICATE OF LIABILITY INSURANCE DADD/Y CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 2/12 z/lz/aol3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 6600 LBJ Freeway Suite 220 Dallas TX 75240 CAUNT CT Patrick P McLaughlin PHONE FAX (214) 503-1212 AJC No•(2l4) 503-8899 'MAIL ODRESS: INSURERS AFFORDING COVERAGE NAC / INSURERA:Travelers Indemnity Company 25658 INSURED INSURER B: Sentinel Insurance Co. Ltd 11000 Kennedy Consulting, Ltd. INSURERC:Catlin insurance Company, Inc. 19518 INSURER D: 205 E. University Ave. Suite 450 Georgetown TX 78626 INSURER E; 2/11/2013 2/11/2014 INSURER F: COVERAGES CERTIFICATE NUMBER: Cert ID 18899 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE UD POLICY NUMBER POLICY EFF MPMI�Y EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY Y Y 46SBAIP5137 2/11/2013 2/11/2014 DAMAGE PREMISES Meocwrrence $ 1,000,000 MED EXP one person) $ 10,000 CLAIMS -MADE FX OCCUR PERSONAL& ADV INJURY S 11000,000 GENERAL AGGREGATE S 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COM P/OPAGG S 2,000,000 $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITYMBINED SINGLE 1- .SIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B X ANYAUTO Y Y 46SBAIP5137 2/11/2013 2/11/2014 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS NO Owned Autos. PROPERTY DAMAGE $ O°dent B X UMBRELLALWB X OCCUR Y Y 46SBATP5137 2/11/2013 2/11/2014 EACH OCCURRENCE S 6,000,000 AGGREGATE $ 61000,000 EXCESS LIAB CLAIMS -MADE DEO I X I RETENTION$ 10,000 S A WORKERS COMPENSATIONX AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORJPARTNEWEXEC"[:] Y UB5536Y649 2/11/2013 2/11/2014 VCSTATU- DTH• E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE -EA EMPLOYE $ 500,000 OFFICERMIE MBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE- POLICY LIMIT S 500,000 If yes, describe under DESCRIPTION OF OPERATIONS belay C Professional Liab. N Y ARD -99195-0214 2/11/2013 2/11/2014 Per Claim/ $ 3,000,000 Annual Aggregate I $ DESCRIPTION OF OPERATIONS J LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of certificate holder on all policies. \,HM6.r=1LLH I IVI\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock City Manager 2221 East Main Street AUTHORIZED REPRESENTATIVE �.�,�►,,�WtlldJtl6f�u+ Round Rock TX 78664 U 198U-ZU1U AGUKt7 GUKYUKA i IUM. AN ngnm reservea. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1