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R-13-06-27-F3 - 6/27/2013RESOLUTION NO. R -13-06-27-F3 WHEREAS, the City of Round Rock desires to retain engineering services for the RM 620 Safety Improvements Project — Design Phase, and WHEREAS, Halff Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Halff Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Halff Associates, Inc. for the RM 620 Safety Improvements Project — Design Phase, 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 27th day of June, 2013 omt"-� ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0 4dm\SCC1nts\0112\1304\MUNICIPAL\00276936.DOC EXHIBIT „A» ROUND ROCK, TEXAS f PURPOSE MSS10R PROSPERITY. CITY OF ROUND ROCIZ CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES, INC. ("Engineer") ADDRESS: 4030 W Bralcer Lane, Suite 450, Austin, TX 78759 PROJECT: RM 620 Safety Improvements Project — DesiRli Phase 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: WI-[EREAS, V.T.C.A., Govertunent 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. 04/13 0199.1315;00275682 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 frilly 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) Team. 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. K (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as fill 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 Nine Hundred Fifty Five Thousand Eight Hundred Twenty -Three and No/100 Dollars ($955,823.00) as shown in Exhibit D. The Iump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting montlily payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its 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) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fiends; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah J. Coffman, PE Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 341-3318 Fax Number (512) 218-5563 Email Address leoffman@roundroektexas.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: Eric J. Ratznran, PE Project Manager 4030 W. Braker Lane, Suite 450 Austin, TX 78759 Telephone Number (512) 777-4620 Fax Number (512) 252-8141 Email Address eratzman rr halffeom 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 attairunent of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes 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 OT 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 raider this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the put -poses 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 fornnat of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall imunediately 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 assigrn, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Set -vices set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fiilfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering we Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during tine 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, mininnum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of leis/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of tine Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by viulue 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 lie/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without Iimiting 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minitnum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Eric J. Ratzman, PE Project Manager 4030 W. Braker Lane, Suite 450 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Norte 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 fiirnished 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 comrection 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 Rimished 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 frill 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 faitlnfiil 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 HALFF ASSOCIATES, INC. Stephan L. Sheets, City Attorney Signature of Principal q Printed Name:tCktrC ✓ ML,i_V__ 1S 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 L EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: • Provide a tax exemption form for the purchase of taxable goods and services. • Post and pay for notices in local publications. • Post and maintain project information on City website, as appropriate. • Review Engineer's plan and submittals, and cost estimates. • Assist the Engineer in obtaining property rights -of -entry for ground surveys and geotechnical investigations. • Support project development with external stakeholders such as TxDOT, other agencies, and property owners. • Assist the Engineer, as needed, in obtaining data and information from the State, County, and/or other franchise utility companies. Coordinate and communicate project items and progress to other city departments, as appropriate. EXHIBIT B Engineering Services GENERAL PROJECT OVERVIEW For the scope of services for this Work Authorization the Engineer shall provide engineering, surveying, and other professional services to develop 30% Plans Specifications, and Estimates (PS&E) and complete right-of-way (ROW) and easement parcels for the RM 620 Safety Improvements from Deepwood Drive to IH 35 in accordance with the preliminary design schematic developed for the project under the professional services contract per city council Resolution No. R -10-10-2810E5. See enclosed Project Location Map. The purpose of the proposed project is to improve safety and enhance mobility in the project area. The project includes a bridge to carry RM 620 traffic over the Union Pacific Railroad and Chisholm Trail Road. In order to maintain access to businesses and residences, at -grade local access roads are proposed between Lake Creek Drive and Chisholm Trail Road. A second bridge is proposed at Lake Creek Drive. This proposed bridge would carry RM 620 traffic over Lake Creek Drive. The project area is within the Edwards Aquifer Recharge Zone. For the initial phase of the contract, PS&E will be developed to a 30% completion level. The Engineer will then work with the city to evaluate what portion of the project will be developed to the 100% completion level based (in the next phase of the contract). Contract Tasks shall include: Project Management; Surveying and Geotechnical; Roadway Design; Drainage Design; Water Quality Design; Water and Wastewater Relocation Design; Signing, Pavement Markings, and Traffic Signal Design; Miscellaneous Roadway Design; and Public Involvement Tasks are more specifically described in the following Task Outline. Page l of 13 Page 2 of 13 TASK OUTLINE 1. PROJECT MANAGEMENT A. PROJECT MANAGEMENT SERVICES 1. Project Administration - The Engineer will: a. Assign Eric Ratzman (a licensed PE in Texas) to serve as the Project Manager and point of contact for the city. He may not be replaced without written consent from the city of Round Rock. The Project Manager shall communicate with the city's assigned project manager. b. Create and submit monthly invoices in required city format. c. Prepare monthly progress reports for submission with the invoices to provide a written account of the progress made to date on the project. d. Prepare project meeting summaries for applicable meetings during the project development process. e. Keep records of project correspondence and make such records available to the city as needed. 2. Sub -consultant Management - The Engineer will: a. Prepare and execute contracts with sub -consultants, monitor sub - consultants activities (staff and schedule), complete monthly reports and review and recommend approval of sub -consultant invoices. b. Conduct internal meetings with the consultant design team every two weeks for the length of the project. Meetings will include key personnel from each discipline and will discuss and resolve project issues. c. Coordinate and review subconsultant work activities and submittals. The Engineer will review and coordinate work of sub -consultants to ensure quality products are delivered to the City. The Engineer will also be responsible for the consistency and coordination between plans developed by each sub -consultant on the design team. 3. Coordination- The Engineer will: a. Establish and attend periodic progress meetings (approximately once a month) with the city and TxDOT. b. Meet with City staff as required through the project development process. c. Coordinate with outside agencies as detailed below. 11. SURVEYING and GEOTECHNICAL SERVICES A. FIELD SURVEYING AND PARCEL PREPARATION 1. Field surveying for design a. Tree Survey per City of Round Rock Ordinance (6" diameter and above, noting species, and tagging trees in the field) b. Topographic survey to supplement aerial: (i) Driveway and cross street pavement tie-ins (ii) Areas obscured by trees (iii) Chisholm Trail Road between RM 620 and Brushy Creek c. Railroad tracks (top of rail elevations) 1000 feet either side of crossing d. Flowlines of outfalls (three locations) e. Tie geotechnical boring locations Page 3 of 13 2. Boundary Surveying and Parcel preparation a. Perform sufficient field surveying operations to field locate property corners and confirm existing ROW configuration b. Perform sufficient deed research and boundary analysis to prepare a property schematic of the overall project c. Prepare 11 boundary surveys for acquisition of entire properties d. Prepare 28 ROW parcels for acquisition and dedication to TxDOT (prepared to TxDOT format standards for ROW parcels) e. Prepare 24 easement parcels for acquisition and dedication to Round Rock (for utilities) f. Prepare Right -of -Way Plans (in consultation with District ROW Surveyor) for the project limits including Title Sheet, Index Sheet, Plan Sheets, and Control Data Sheets g. Items c., d., and e. deliverable will consist of a metes and bounds description and accompanying survey plat for each parcel h. Establish appropriate temporary monuments on the proposed right-of-way lines at intersecting property lines, and at all PCs, PTs, angle points, intersecting right-of-way lines of side streets, and at 1,200 foot stations. All monuments to be set at this time will be 5/8" iron rods with TxDOT aluminum caps to be replaced by TxDOT Type 11 monuments, (NOTE: Type 11 Monument installation is not a part of this proposal), upon parcel acquisition B. GEOTECHNICAL INVESTIGATIONS AND REPORT Geotechnical services will include field, laboratory and engineering phases. Geophysical survey may also be employed depending on results of borings. The project is located in the mapped outcropping of the Edwards limestone, a challenging limestone with respect to the occurrence of potential hard chert layers and voids. We understand that the project is a Texas Department of Transportation (TxDOT) facility and accordingly will be designed in accordance with TxDOT procedures. The TxDOT Geotechnical Manual and Bridge Design Manual will be used as guides to specifically define the geotechnical scope, modified to accommodate site and subsurface condition. 1. Field Investigations a. Borings will be drilled in accordance with TxDOT procedures. Borings for bridges will not exceed a 300 ft spacing, while retaining wall borings and pavement borings will be drilled at a maximum spacing of 200 ft and 500 ft, respectively. Additional borings for culverts and water quality facilities will be drilled as required. While boring locations will be drilled at accessible locations where possible, lane closures will be necessary for some drilling locations. Permits and utility clearance will be obtained prior to drilling. (i) Site grading and clearing (ii) Lane closures b. Cohesive soil will be sampled using seamless push tube samplers, while granular soil will be sampled using split spoon samplers. Texas Cone Penetration Tests (TCP) will be performed at 5 -ft intervals. Limestone will be cored continuously with NX -sized core barrels and wireline techniques. Water levels will be noted during drilling operations. Page 4 of 13 c. Wincore files for borings will be provided. 2. Laboratory Testing a. Laboratory testing may include classification tests, moisture contents, unconfined compression tests, and potential consolidation tests, triaxial tests and resilient moduli tests 3. Geotechnical Engineering Report Engineering analyses of the results of the field and laboratory phases will be made to develop foundation design parameters for bridge and retaining walls. Flexible pavement thickness designs will also be provided. The results of all three phases of the geotechnical investigation will be published in a geotechnical report. a. Pavement Designs for: (i) Access road /side street pavement (ii) Mainlane pavement (iii) Temporary detour pavement b. Side Slope Recommendations c. Bridge foundation design parameters for: (i) UPRR overpasss (ii) Lake Creek overpass d. Cut retaining wall design parameters and global stability calculations/verification including recommendations on: (i) Active and passive soil pressures (ii) Allowable bearing pressure of in-situ soil (iii) Soil unit weight (iv)Allowable bond strength (v) Friction angle (vi) Cohesion e. Fill retaining wall design parameters and global stability calculations/verification including recommendations on: (i) Maximum wall height recommendations based on analysis of allowable bearing capacity, sliding and overturning (ii) Minimum strap length for MSE walls (iii) Backfill material Ill. ROADWAY DESIGN (30%) A. ROADWAY PLANS 1. PRELIMINARY ENGINEERING a. Develop a Project Design Summary Report (DSR) and attend a Design Concept Conference (DCC) with TxDOT and the city. Update the DSR document based on comments at the DCC and submit to the city. The Engineer will develop the following roadway plan sheets: 2. MISCELLANEOUS PLANS. a. Project Title Sheet. b. Detailed Index of Sheets. c. Project Layout sheets at a scale of 1"=200'. Page 6 of 13 3. ROADWAY PLANS and GEOMETRY a. Existing and Proposed Typical Sections. b. Roadway Plan and Profile Sheets at 1"=50' Horizontally. c. Survey Control Plan Sheets. d. Horizontal Alignment Data Sheets. e. Superelevation Data Sheets f. Removal Plans 4. GRADING AND DETAILS. a. Develop and plot design cross sections for RM 620 at 50 even foot stations for final pavement conditions. Cross sections will be plotted on plan sheets and included as a separate plan set for contractor information. b. Intersection layout sheets for intersections. c. Driveway Detail Sheets. d. Miscellaneous Roadway Detail Sheets. B. DRAINAGE DESIGN (30%) 1. Storm Sewer Design a. Produce Drainage Area Maps at J"=100' scale. b. Calculate Storm Drain Calculations and design using GEOPAK DRAINAGE software and TxDOT Drainage Design Criteria c. Produce drainage plans at 1"=50' scale (profile sheets to be provided post 30%) d. Identify temporary drainage facilities for the phased construction 2. SW3P and Erosion Control Plans 3. Detention Design a. Preliminary Detention calculations and sizing for: i. The Commons ii. The sites on the north side of RM 620 between Chisholm Trail and IH 35 (for potential redevelopment) iii. Detention for the roadway drainage is excluded C. WATER QUALITY DESIGN (30%) 1. Water Pollution Abatement Plan (WPAP) Preparation a. Project Setup and Data Review Perform a geologic assessment: Engineer will obtain and review available data on the existing and proposed roadway design and site geology, including engineering plans and geologic reports. An initial field visit will be conducted in order to inspect the site and identify and evaluate potential locations for water quality Best Management Practices (BMPs). b. Pollutant Removal Calculations and Design of Water Quality BMPs Engineer will perform the required total suspended solids (TSS) pollutant load calculations and perform preliminary design of a structural BMP, such as a sedimentation/filtration pond as anticipated in the schematic design and Preliminary Drainage Report. Best Management Practices will be designed according to the TCEQ's technical guidance manual complying with the Edwards Aquifer Rules — Technical Guidance on Best Management Practices (RG -348, July 2005) and addenda. Page 6 of 13 The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted runoff from the project site during construction will be evaluated to ensure compliance with TCEQ Edwards Aquifer requirements. It is assumed that the design of temporary controls, including an erosion and sedimentation control plan, will be included as part of the SW3P. C. Draft WPAP Document and Coordination with TCEQ This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form (TCEQ-0587); • The Geologic Assessment Form (TCEQ-0585); • Water Pollution Abatement Plan Application Form (TCEQ-0584); • Temporary Stormwater Section (TCEQ-0602); • Permanent Stormwater Section (TCEQ-0600); • Agent Authorization Form (TCEQ-0599); • Application Fee Form (TCEQ-0574); • Core Data Form (TCEQ-10400) This task will include coordination with TxDOT and a pre -submittal consultation meeting with TCEQ. The final WPAP submittal to TCEQ will occur in the subsequent phase of this contract once the limits of construction are completely defined. D. WATER AND WASTEWATER RELOCATION DESIGN (30%) The ENGINEER will perform engineering and surveying services within the described project area to prepare plans, specifications, and estimates for relocation of City of Round Rock water and wastewater lines within the project limits. Engineer will meet with the City of Round Rock to set objectives and finalize design criteria. The following is a general description of the water and wastewater lines to be relocated: 2450 If of 8" wastewater; 3500 If of 6" wastewater; 20 If of 4" wastewater; • 130 If of 16" water; 375 If of 14" water; • 4535 If of 12" water; • 6315 If of 8" water; • 1495 If of 6" water; • Various crossings, services, and appurtenances 1. DATA COLLECTION & 30% DESIGN: a. Initial Meetings/Data Collection. i. Kickoff Meeting ii. Site Reconnaissance Page 7 of 13 • Identify water and wastewater service area. • Compile photographic record of project area. iii. Obtain data from CLIENT: • Water and wastewater design criteria • Studies and correspondence by others • Water and wastewater plans • Front end documents • Meet with City of Round Rock to set objectives and finalize design criteria. b. Prepare base map c. Prepare preliminary layout of water and wastewater relocations d. Review preliminary alignments, limits and line sizes for water and wastewater improvements with City of Round Rock staff for approval. 30% Water & Wastewater PS&E Deliverables: • Provide hard and digital copies of 30% plans that show existing and proposed water and wastewater lines and identifies conflicts • Provide letter recommending improvements for the project • Provide cost estimate for relocation of water and wastewater lines E. SIGNING, PAVEMENT MARKINGS, AND TRAFFIC SIGNAL DESIGN (30%) 1. Produce small sign and pavement marking layout plans at 1 "=50' scale a. Technical review of roundabout design 2. Signalization a. Engineer will develop traffic signal plans for permanent mast arm signals at the intersections of RM 620 with Deepwood Dr., Lake Creek Dr., and IH 35 SBFR. The signal plans will be prepared at a scale of 1"=40'. Engineer will design the signal plans to a completion level needed to obtain a reasonable cost estimate for all the signal work on this project. Engineer will include following sheets for the submittal: (i) Existing Conditions sheets will show locations of existing traffic control devices, and underground, and overhead utilities at each intersection, from the survey data. (ii)Signal Layout sheets will show the locations of proposed signal poles, pedestrian poles, signal heads, communication equipment, electrical conduits, ground boxes, signal cabinet, new electrical service, existing utilities, right of way, and proposed roadway improvements. Locations of pedestrian poles and pedestrian access ramps will be designed in conformance with ADA requirements. The plans will include audible pedestrian signal head units at every pedestrian crossing. Due to lateral and vertical clearance required from an overhead electric line (per the State law), the Engineer will coordinate with the City before finalizing locations of signal poles. (iii) Signal Elevation sheets will show placement of signal heads on each mast -arm and vertical clearance required for the mast -arm. Page 8 of 13 b. Engineer will design a temporary traffic signal at RM 620 / Chisholm Trail Rd. during each phase of construction to ensure traffic operations. Engineer will also update signal preemption tables, if necessary. c. Engineer will coordinate with TxDOT traffic signal reviewers F. MISCELLANEOUS ROADWAY (30%) 1. TRAFFIC CONTROL PLANS a. The Engineer will develop overview plans for each phase of the preliminary traffic control plan. These plans will act as key maps for each phase of TCP and shall be developed at a 1"=200' scale. It is anticipated that traffic control for this project will consist of five (5) major phases. The overview plans will depict the lane configurations, proposed construction areas, and detour construction in each of these phases. b. The Engineer will prepare a conceptual narrative for the sequence of construction and submit it to the City for review and incorporation into the plans. The narrative will include a phase -by -phase description of the major construction activities. This is intended to be a narrative account of the activities shown in the traffic control overview plans. c. The Engineer will prepare preliminary traffic control typical sections for each major stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. 2. ILLUMINATION a. The Engineer will prepare preliminary layouts at a scale of 1"=100' depicting safety lighting for the gores of the ramps and the roundabout and underpass lighting for the bridges at the UPRR / Chisholm Trail Road and at Lake Creek Drive. These layouts will include only the location of proposed luminaire poles and services. 3. RETAINING WALLS a. The Engineer will investigate each wall location and determine the most suitable wall type for each application. b. The Engineer will provide a location plan of all walls at a scale of 1"=200'. The intent is to show the location of all walls in plan including the wall designation and beginning and ending stations. c. The Engineer shall prepare retaining preliminary wall layouts at a maximum scale of 1"=40'. The layouts will show plan and profile views of the retaining wall. It is assumed that eleven (11) retaining walls will be necessary for the project. 4. BRIDGE LAYOUTS & DESIGN a. The Engineer will evaluate structural alternatives (e.g. beam type, bridge length, etc.) for the UPRR Overpass and for the Lake Creek Drive Overpass to determine the configuration most preferred by the City. b. The Engineer will develop preliminary bridge layouts (1"=40') and typical sections for the UPRR Overpass and for the Lake Creek Drive Overpass. These preliminary bridge layouts will contain information as required in the TxDOT LRFD Bridge Design and Bridge Detailer's Manuals, minus foundation design information. Sheets will be provided for: (i) Bridge Layouts Page 9 of 13 (ii) Typical Sections (iii) Boring Log Sheets c. The Engineer will submit preliminary bridge layouts to the City of Round Rock and TxDOT for review/approval. The Engineer will update these sheets based on comments received and will only begin detailed bridge design upon approval of the preliminary bridge layouts from TxDOT. 5. RAILROAD COORDINATION AND EXHIBIT'A' Engineer will produce five (5) Railroad Exhibit 'A' documents for review and coordination with TxDOT and UPRR; a. Bridge Exhibit 'A' b. Eastbound Planking Exhibit `A' c. Westbound Planking Exhibit'A' d. Eastbound Railroad signal Exhibit'A' e. Westbound Railroad signal Exhibit `A' f. Railroad Diagnostic Team Meetings - With representatives from the City, UPRR, and TxDOT Rail Division, a field visit will be made to each at -grade rail crossing location. During this visit, existing equipment condition and potential quiet zone strategies will be discussed. A summary of the diagnostic team minutes and recommendations will be provided to the city. 6. AMENITIES, LANDSCAPE AND IRRIGATION a. Coordinate with bridge and retaining wall engineering staff on the development of design character and themes for retaining walls and bridge structures on the project. Coordination efforts to include preparation of conceptual sketch designs for review and approval of City and State staff, and preparation of preliminary design concepts for the design character and themes for wall and bridge structures. b. Provide preliminary concepts for other amenity improvements for the project, including special signage, iconic elements, gateway features, special light fixtures or other amenity components. c. Provide preliminary landscape plans, consisting of tree layouts to mitigate tree removal and/or any additional tree plantings within the project limits. d. Provide preliminary landscape irrigation plans, consisting of locations of irrigation system mainlines, potential locations for clocks and controllers, the designation of different types of irrigation (drip, turf rotors, or bubblers for tree irrigation), and the locations of sleeves for the installation of irrigation components on the project. 7. QUANTITIES a. The Engineer will calculate quantities for each of the following and as necessary to provide an Engineer's estimate of probable cost: (i) Roadway Plans (ii) Removal Plans (iii) Drainage Plans (iv) Water Quality Plans (v) Water and Wastewater Relocation Plans (vi) Signs, pavement markings, and signals (vii) Traffic Control Plans (viii) Illumination Plans Page 10 of 13 (ix) Retaining Wall Plans (x) Bridge Plans 8. STANDARDS, SPECIFICATIONS AND ESTIMATE a. The Engineer will identify the appropriate TxDOT standards and city details for the project. Standards that require modification will be revised and sealed by the Engineer. The Engineer will utilize TxDOT Austin District standards when applicable. A list of standards (not print outs) will be submitted at 30%. b. The Engineer will work with City and TxDOT to complete the basis of estimate prior to beginning quantity calculations. c. The Engineer will prepare an opinion of probable construction cost at the 30% submittal. 1V. PUBLIC INVOLVEMENT A. Public Outreach 1. Communication with Project Team as needed 2. Project Summary Reports 3. Updates to Stakeholder groups as needed 4. Regular meetings with City staff as needed B. Computer Visualization / Educational Video of Roundabout 1. Project Management a. Provide staged deliverables/reviews/revisions during project development b. Coordinate acquisition of required data. 2. Project Set -Up / CAD Data Conversion a. Client will provide 3D roadway and ramp centerlines, striping, typical sections, planimetrics, base digital orthoaerial photography, and 3D contour data for the proposed roadway design, as available. b. Interpretation of all supplied CAD data c. Conversion of relevant data 3. Modeling and Animation a. Modeling of 3D topography based on provided CAD data b. Generic creation of surrounding neighborhoods c. Landscape creation (existing features) d. Modeling of notable buildings around the roundabout e. Modeling of proposed grading along the roadway 4. Texture Development a. Color aerial photography b. Field digital photography (buildings around roundabout) c. Surrounding vegetation 5. Animation a. Camera development (i.e., aerial, driver's eye, and pedestrian's eye) b. Passively animated traffic 6. Editing / Compositing a. Compositing final footage with narration (if needed) b. Format preparation for standard and high definition deliverables 7. Create seven (7) high definition (1920 x 1080 pixel resolution) visualizations highlighting the following key points Page 11 of 13 a. Entering the roundabout (Aerial view and driver's per RM 620 <- SAFETY IMPROVEMENTS ' FROM DEEPWOOD DR. TO IH 35 HALFF It'- b. t'- b. Leaving the roundabout (Aerial view and driver's perspective) c. Traveling SB on Chisholm Trail Road and continuing on WB 620 (Aerial view and driver's perspective) d. Traveling EB on RM 620 and continuing on to NB Chisholm Trail Road (Aerial view and driver's perspective) e. Exiting from WB RM 620 to the roundabout and continuing on WB to enter the 620 Cafe' or other selected business on the NW corner. (Aerial view and driver's perspective) f. Bypassing the roundabout while a train is present. Gates will be lowered and flashing appropriately (Aerial view and driver's perspective) g. A pedestrian safely crossing the roundabout on foot Deliverables: • A preliminary draft of the visualizations — consisting of two (2) DVD copies with the seven (7) standard definition visualizations outlined above. • A final draft of the visualizations — consisting of four (4) discs — a) two (2) DVD ROM discs with high definition versions and b) two (2) DVD ROM discs with standard definition versions The Engineer will perform the services to be provided under this agreement out of Engineer's office(s) as listed below: Service Project Management Engineering and Field Surveying Utility Design Computer Visualization Office Location Halff Associates, Inc. 4030 West Braker Lane,'Suite 450 Austin, TX 78759 Halff Associates, Inc. Two Sierra Way, Suite 105 Georgetown, TX 78626 Halff Associates, Inc. 1201 N. Bowser Road Richardson, TX 75081 Page 12 of 13 Sub-Consultants: CP&Y, Inc. (CPY) Kimley Horn and Associates, Inc. (KHA) Inland Geodetics (Inland) SWCA Consultants (SWCA) Fugro Consultants, Inc. (Fugro) Nancy Ledbetter and Associates, Inc. (NLA) Page 13 of 13 EXHIBIT C Work Schedule Halff Associates Inc. is prepared to commence work on this project immediately upon notice -to -proceed from the City of Round Rock. The proposed date for completion of services is December of 2013. The proposed contract milestones are as follows: • Contract Award / Notice to Proceed: June 2013 • TASK I: Project Management: June - December 2013 o Design Concept Conference with TxDOT: July 2013 • TASK II: Surveying and Geotechnical Services o Complete ten (10) priority ROW parcels: September 2013 o Complete remaining ROW parcels: December 2013 o Complete geotechnical field investigations: August 2013 o Complete geotechnical lab testing: September 2013 o Complete geotechnical report: October 2013 • TASK III: Roadway Design (30% PS&E) o Submittal of PS&E for review: November 2013 o Submittal of Railroad Exhibit `A's for coordination: December 2013 • TASK IV: Public Involvement o Coordination efforts, as needed o Completion of computer visualizations: December 2013 EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D - FEE SCHEDULE ': cixi§ti4Tnilts: fi:-::YnaCcb •:- _ '•T O T :•:OIE3 E` ASK?P:GASTG:,:.::; LAM. o:•::: :MiSO}::: SU1,11AARY •••.'...:'•• •• FEE I PROJECT MANAGEMENT $74,720 930 800 $384,368 $197,790 $23.489 ::S4U•,r.>,'•Sfi9 ::: II FIELD SURVEYRIG AND GEOTECHNICAL SERVICES $21,000 500 IiI ROADWAY DESIGN(30%PS&E! $202,966 IV PUBLIC INVOLVEMENT $49,260 ;::S�Eg7,,94¢;:;:•:: ;:5930;:;:::;: ::St;�UO:...::�$�9a.6d�;:::• TOTALHOURS ' �:5��$�ft?�:�:�: •.{• •1111.'.•.. •.s adsEs�iriru s .'R2UC18'S•TOTAL'.'.•.'.•:'r:•:v;•.':•.'.•.•:•.•:•:•.•:•:':•. •.•:•.•.•:':•.•:•.'. •.:•SS47.. Y:•: yy E05.. •'SSSY fiD SUB -CONSULTANT SUMMARY CPY $147,160 FUGRO $134,760 INLAND $249,60a KHA $48,635 SWCA $1,995 NLA $23,489 TOTAL $605,647 Note: Fees quoted in this proposal exclude state and federal sales taxes on professional services. Current Texas law requires assessment of sales tax on certain kinds of surveying services, but does not require sales taxes on other professional services. In the event that new or additional state or federal taxes are implemented on the professional services provided under this contract during the term of the work, such taxes will be added to thea plicable billings and will be in addition to the quoted fees. EXHIBIT E Certificates of Insurance Attached Behind This Page ACORDIn CERTIFICATE OF LIABILITY INSURANCEDATE(MMMDRYYYYI OS/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NE=GATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Bell insurance Agency 16980 Dallas Parkway Dallas, TX 75248 TACT E; Candy �i0ehring PHONE Exl: 972.581.4915 Ap N„972.581.4916 ADDRESS: cgoehring@belIgroup.com INSURERIS)AFFORM000VERAGE "ON INSURER A: Hartford Accident & Indmnity 22357 INSURED Halff Associates, Inc. 1201 N. Bowser Richardson, TX 7S081 INSURERS; Hartford Casualty Ins. Co. 29424 INSURER C! Hartford Underwriters 30104 INSURERD: ACE American Ins. Co. 22667 INSURER E: INSURERF: THIS IS TO CERTIFY THAT THE POLICIES INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FiM THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERIA 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. LTR TYPE OF INSURANCE tNg POLICY NUMBER M MVD LIaR3 City Manager GENERAL LIABILITY 221 East Main Street 46UUNIYS768 07/12/2012 0711212013 EACHOCCURRENCE $ 1,000 00 PREMISES lEal0=41rfence $ 1,000,00 A X =11MERCUU.GENERAL LIABILITY CLAIMS -MADE QOCCUR X Contractual Liab. MAD EXP (Any am persm) $ 10,00 PERSONAL 6ADV INJURY S 11000,00 GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE LIATAPPLIES PEP, POLICY M 3 O- LOC$ PRODUCTS -COMPIOPAGG S 2,000,000 AUTOMODILELIABILITY 46UUNIYS76 07/1212012 0711212013 Ea=01 $ 1,000,00 DOORYINJURY(PsrPersmf) S AALOOWNED ANYAtITO pViOSULEO HIREOAVTOS X NON -OWNED AUTOS Ix BODILYPWRY(PeraoddMA) S P.rewded) S S B X UMBRELLALU(B EXCESS LIAR X OCCUR CLAIM -MADE 46XHUIY6677 07/12/2012 07112/2013 EACHOCCURREME $ 51000,00 AGGREGATE $ 5,000,000 OED X RETENTIONS 10,000S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTHERLEXECUf OFFICER//dEMBEREXCLUDEOT N Mandatory to NH) yyes�darr,Rtelxldef OESCRIPTIOH OF OPERATK)NS below Professional Liability N/A 46WEW6090 EONG216738450711212012 07/12/2012 07/12/2013 07/12/2013 X ORYL rT I R EL EACH ACCIDENT S 1,000,000 E.L. DISEASE -EAEMPLOYE $ 11000,000 E.L. DISEASE - POLICY LM4tT S 1,000, 0 $5,000,000 Per Claim Limit D Claims Made Policy $5,000,000 Aggregate Limit DESCRIPTION OP OPERATIONS! LOCATIONS /VEHICLES (Attach ACORD 101, AddlUonel Remfks SohsdWe, If more $Plea It raquirod) 0 day notice of cancellation applies except for 10 days for non payment of premium eneral liability is primary non-contributory if required by written contract. un, nen G6NGM1 r a 1 n,n ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD 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 AUTNORIZEOREPRESEHTATIVE City Manager 221 East Main Street Ro nd Rock, TX 78664-5299 Thomas ). Ashley/CANDY .-..nww ....... ......,.. r.r,nnr,n A V1^11 All _f-9.4-.e.en.. Al ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD City of Round Rock AROUND ROCK, TEXAS wxwss. v,�voK wosrm�n Agenda Item Summary Agenda Number: F.3 Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Halff Associates, Inc. for the RM 620 Safety Improvements Project - Design Phase. Type: Resolution Governing Body: City Council Agenda Date: 6/27/2013 Dept Director: Gary Hudder, Transportation Director Cost: $955,823.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Resolution, Exhibit A Text of Legislative File 13-430 The scope of RM 620 Safety Improvements covers the preliminary design to 30% plan development and includes such things as establishing necessary right-of-way (ROW) needed, planned roadway alignment, and initial survey work for the project under the professional services contract per R -10-10-28-10E5 for RM 620 from Deepwood Drive to I -H 35. This contract covers the 30% plans, specifications, and estimate for the final design phase of the project as well as preliminary construction cost estimates at a cost of $955,823. Cost: $955,823.00 Source of Funds:Type B Corporation Staff recommends approval. City of Round Rock Page 1 Printed on 612512013 � � z 3 � z LLJ O w 4 0 � 'ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES, INC. ("Engineer") ADDRESS: 4030 W. Braker Lane, Suite 450, Austin, TX 78759 PROJECT: RM 620 Safety Improvements Proiect — Design Phase THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 231h day of J4 YI , 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. 04/13 0199.1315;00275682 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 frilly 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." Stich 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) Terni. 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 shalt have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. N (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as frill 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 Nine Hundred Fifty -Fiore Thousand Eight Hundred Twenty -Three and No/100 Dollars ($955,823.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Governinent 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. Tile terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fiends; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs Incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah J. Coffman, PE Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 341-3318 Fax Number (512) 218-5563 Email Address lcoffman@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: Eric J. Ratzman, PE Project Manager 4030 W. Braker Lane, Suite 450 Austin, TX 78759 Telephone Number (512) 777-4620 Fax Number (512) 252-8141 Email Address eratzmail@halff.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 fiill force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shalt be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials ftu•nished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in 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/leer/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 laNv 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 clone 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/slie/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 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such 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 Engineer: Eric J. Ratzman, PE Project Manager 4030 W. Braker Lane, Suite 450 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or firrnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will trot vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which lie/she has executed this Contract and that he/she has full and complete authority to enter into this Contract oil behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, 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 firll performance of the terms and provisions hereof CITY OF WUND ROCK, TEXAS AP VED S TO ORM: By: Alar eGraw, Mayor Stephal L. Sheets, City Attorney ATTEST: 1 / By: AA--, UId( Sara L. White, City Clerk HALFF ASSOCIATES, INC. By: �U►�i�h� �`` Signature of Princip &,., Printed 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 (S) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: • Provide a tax exemption form for the purchase of taxable goods and services. • Post and pay for notices in local publications. • Post and maintain project information on City website, as appropriate. • Review Engineer's plan and submittals, and cost estimates. • Assist the Engineer in obtaining property rights -of -entry for ground surveys and geotechnical investigations. • Support project development with external stakeholders such as TOOT, other agencies, and property owners. • Assist the Engineer, as needed, in obtaining data and information from the State, County, and/or other franchise utility companies. • Coordinate and communicate project items and progress to other city departments, as appropriate. EXHIBIT B Engineering Services GENERAL PROJECT OVERVIEW For the scope of services for this Work Authorization the Engineer shall provide engineering, surveying, and other professional services to develop 30% Plans Specifications, and Estimates (PS&E) and complete right-of-way (ROW) and easement parcels for the RM 620 Safety Improvements from Deepwood Drive to IH 35 in accordance with the preliminary design schematic developed for the project under the professional services contract per city council Resolution No. R -10-10-2810E5. See enclosed Project Location Map. The purpose of the proposed project is to improve safety and enhance mobility in the project area. The project includes a bridge to carry RM 620 traffic over the Union Pacific Railroad and Chisholm Trail Road. In order to maintain access to businesses and residences, at -grade local access roads are proposed between Lake Creek Drive and Chisholm Trail Road. A second bridge is proposed at Lake Creek Drive. This proposed bridge would carry RM 620 traffic over Lake Creek Drive. The project area is within the Edwards Aquifer Recharge Zone. For the initial phase of the contract, PS&E will be developed to a 30% completion level. The Engineer will then work with the city to evaluate what portion of the project will be developed to the 100% completion level based (in the next phase of the contract). Contract Tasks shall include: Project Management; Surveying and Geotechnical; Roadway Design; Drainage Design; Water Quality Design; Water and Wastewater Relocation Design; Signing, Pavement Markings, and Traffic Signal Design; Miscellaneous Roadway Design; and Public Involvement Tasks are more specifically described in the following Task Outline. Page 1 of 13 i �•• , ,.✓''F® �. 1 ,* �� ;, i '',. it •�"e'd T'� �` j_�:.. t.' .try` ,�' {1 �, \l ti�_„m� r.•1;. � ,�;a .t h+, L'. 1•�1+. �.-•+e.- y. .„�+i t'0� � ��,} � .off•" � •-+ >��-1� � i� ..^� 1 `• } ir, ,°� _may.• ,: �' /.2�1, ,• :,� AIN Ak TASK OUTLINE I. PROJECT MANAGEMENT A. PROJECT MANAGEMENT SERVICES 1. Project Administration - The Engineer will: a. Assign Eric Ratzman (a licensed PE in Texas) to serve as the Project Manager and point of contact for the city. He may not be replaced without written consent from the city of Round Rock. The Project Manager shall communicate with the city's assigned project manager. b. Create and submit monthly invoices in required city format. c. Prepare monthly progress reports for submission with the invoices to provide a written account of the progress made to date on the project. d. Prepare project meeting summaries for applicable meetings during the project development process. e. Keep records of project correspondence and make such records available to the city as needed. 2. Sub -consultant Management - The Engineer will: a. Prepare and execute contracts with sub -consultants, monitor sub - consultants activities (staff and schedule), complete monthly reports and review and recommend approval of sub -consultant invoices. b. Conduct internal meetings with the consultant design team every two weeks for the length of the project. Meetings will include key personnel from each discipline and will discuss and resolve project issues. c. Coordinate and review subconsultant work activities and submittals. The Engineer will review and coordinate work of sub -consultants to ensure quality products are delivered to the City. The Engineer will also be responsible for the consistency and coordination between plans developed by each sub -consultant on the design team. 3. Coordination- The Engineer will: a. Establish and attend periodic progress meetings (approximately once a month) with the city and TxDOT. b. Meet with City staff as required through the project development process. c. Coordinate with outside agencies as detailed below. It. SURVEYING and GEOTECHNICAL SERVICES A. FIELD SURVEYING AND PARCEL PREPARATION 1. Field surveying for design a. Tree Survey per City of Round Rock Ordinance (6" diameter and above, noting species, and tagging trees in the field) b. Topographic survey to supplement aerial: (i) Driveway and cross street pavement tie-ins (ii) Areas obscured by trees (iii) Chisholm Trail Road between RM 620 and Brushy Creek c. Railroad tracks (top of rail elevations) 1000 feet either side of crossing d. Flowlines of outfalls (three locations) e. Tie geotechnical boring locations Page 3 of 13 2. Boundary Surveying and Parcel preparation a. Perform sufficient field surveying operations to field locate property corners and confirm existing ROW configuration b. Perform sufficient deed research and boundary analysis to prepare a property schematic of the overall project c. Prepare 11 boundary surveys for acquisition of entire properties d. Prepare 28 ROW parcels for acquisition and dedication to TxDOT (prepared to TxDOT format standards for ROW parcels) e. Prepare 24 easement parcels for acquisition and dedication to Round Rock (for utilities) f. Prepare Right -of -Way Plans (in consultation with District ROW Surveyor) for the project limits including Title Sheet, Index Sheet, Plan Sheets, and Control Data Sheets g. Items c., d., and e. deliverable will consist of a metes and bounds description and accompanying survey plat for each parcel h. Establish appropriate temporary monuments on the proposed right-of-way lines at intersecting property lines, and at all PCs, PTs, angle points, intersecting right-of-way lines of side streets, and at 1,200 foot stations. All monuments to be set at this time will be 518" iron rods with TxDOT aluminum caps to be replaced by TxDOT Type II monuments, (NOTE: Type II Monument installation is not a part of this proposal), upon parcel acquisition B. GEOTECHNICAL INVESTIGATIONS AND REPORT Geotechnical services will include field, laboratory and engineering phases. Geophysical survey may also be employed depending on results of borings. The project is located in the mapped outcropping of the Edwards limestone, a challenging limestone with respect to the occurrence of potential hard chert layers and voids. We understand that the project is a Texas Department of Transportation (TxDOT) facility and accordingly will be designed in accordance with TxDOT procedures. The TxDOT Geotechnical Manual and Bridge Design Manual will be used as guides to specifically define the geotechnical scope, modified to accommodate site and subsurface condition. 1. Field Investigations a. Borings will be drilled in accordance with TxDOT procedures. Borings for bridges will not exceed a 300 ft spacing, while retaining wall borings and pavement borings will be drilled at a maximum spacing of 200 ft and 500 ft, respectively. Additional borings for culverts and water quality facilities will be drilled as required. While boring locations will be drilled at accessible locations where possible, lane closures will be necessary for some drilling locations. Permits and utility clearance will be obtained prior to drilling. (i) Site grading and clearing (ii) Lane closures b. Cohesive soil will be sampled using seamless push tube samplers, while granular soil will be sampled using split spoon samplers. Texas Cone Penetration Tests (TCP) will be performed at 5 -ft intervals. Limestone will be cored continuously with NX -sized core barrels and wireline techniques. Water levels will be noted during drilling operations. Page 4 of 13 c. Wincore files for borings will be provided. 2. Laboratory Testing a. Laboratory testing may include classification tests, moisture contents, unconfined compression tests, and potential consolidation tests, triaxial tests and resilient moduli tests 3. Geotechnical Engineering Report Engineering analyses of the results of the field and laboratory phases will be made to develop foundation design parameters for bridge and retaining walls. Flexible pavement thickness designs will also be provided. The results of all three phases of the geotechnical investigation will be published in a geotechnical report. a. Pavement Designs for: (i) Access road /side street pavement (ii) Mainlane pavement (iii) Temporary detour pavement b. Side Slope Recommendations c. Bridge foundation design parameters for: (i) UPRR overpasss (ii) Lake Creek overpass d. Cut retaining wall design parameters and global stability calculations/verification including recommendations on: (i) Active and passive soil pressures (ii) Allowable bearing pressure of in-situ soil (iii) Soil unit weight (iv)Allowable bond strength (v) Friction angle (vi) Cohesion e. Fill retaining wall design parameters and global stability calculations/verification including recommendations on: (i) Maximum wall height recommendations based on analysis of allowable bearing capacity, sliding and overturning (ii) Minimum strap length for MSE walls (iii) Backfill material III. ROADWAY DESIGN (30%) A. ROADWAY PLANS 1. PRELIMINARY ENGINEERING a. Develop a Project Design Summary Report (DSR) and attend a Design Concept Conference (DCC) with TxDOT and the city. Update the DSR document based on comments at the DCC and submit to the city. The Engineer will develop the following roadway plan sheets: 2. MISCELLANEOUS PLANS. a. Project Title Sheet. b. Detailed Index of Sheets. c. Project Layout sheets at a scale of 1 "=200'. Page 5 of 13 3. ROADWAY PLANS and GEOMETRY a. Existing and Proposed Typical Sections. b. Roadway Plan and Profile Sheets at 1"=50' Horizontally. c. Survey Control Plan Sheets. d. Horizontal Alignment Data Sheets. e. Superelevation Data Sheets f. Removal Plans 4. GRADING AND DETAILS. a. Develop and plot design cross sections for RM 620 at 50 even foot stations for final pavement conditions. Cross sections will be plotted on plan sheets and included as a separate plan set for contractor information. b. Intersection layout sheets for intersections. c. Driveway Detail Sheets. d. Miscellaneous Roadway Detail Sheets. B. DRAINAGE DESIGN (30%) 1. Storm Sewer Design a. Produce Drainage Area Maps at 1"=100' scale b. Calculate Storm Drain Calculations and design using GEOPAK DRAINAGE software and TxDOT Drainage Design Criteria c. Produce drainage plans at 1"=50' scale (profile sheets to be provided post 30%) d. Identify temporary drainage facilities for the phased construction 2. SW3P and Erosion Control Plans 3. Detention Design a. Preliminary Detention calculations and sizing for: i. The Commons ii. The sites on the north side of RM 620 between Chisholm Trail and IH 35 (for potential redevelopment) iii. Detention for the roadway drainage is excluded C. WATER QUALITY DESIGN (30%) 1. Water Pollution Abatement Plan (WPAP) Preparation a. Project Setup and Data Review Perform a geologic assessment: Engineer will obtain and review available data on the existing and proposed roadway design and site geology, including engineering plans and geologic reports. An initial field visit will be conducted in order to inspect the site and identify and evaluate potential locations for water quality Best Management Practices (BMPs). b. Pollutant Removal Calculations and Design of Water Quality BMPs Engineer will perform the required total suspended solids (TSS) pollutant load calculations and perform preliminary design of a structural BMP, such as a sedimentation/filtration pond as anticipated in the schematic design and Preliminary Drainage Report. Best Management Practices will be designed according to the TCEQ's technical guidance manual complying with the Edwards Aquifer Rules — Technical Guidance on Best Management Practices (RG -348, July 2005) and addenda. Page 6 of 13 The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted runoff from the project site during construction will be evaluated to ensure compliance with TCEQ Edwards Aquifer requirements. It is assumed that the design of temporary controls, including an erosion and sedimentation control plan, will be included as part of the SW3P. c. Draft WPAP Document and Coordination with TCEQ This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form (TCEQ-0587); • The Geologic Assessment Form (TCEQ-0585); • Water Pollution Abatement Plan Application Form (TCEQ-0584); • Temporary Stormwater Section (TCEQ-0602); • Permanent Stormwater Section (TCEQ-0600); • Agent Authorization Form (TCEQ-0599); • Application Fee Form (TCEQ-0574); • Core Data Form (TCEQ-10400) This task will include coordination with TxDOT and a pre -submittal consultation meeting with TCEQ. The final WPAP submittal to TCEQ will occur in the subsequent phase of this contract once the limits of construction are completely defined. D. WATER AND WASTEWATER RELOCATION DESIGN (30%) The ENGINEER will perform engineering and surveying services within the described project area to prepare plans, specifications, and estimates for relocation of City of Round Rock water and wastewater lines within the project limits. Engineer will meet with the City of Round Rock to set objectives and finalize design criteria. The following is a general description of the water and wastewater lines to be relocated: • 2450 If of 8" wastewater; • 3500 If of 6" wastewater; • 20 If of 4" wastewater; • 130 If of 16" water; • 375 If of 14" water; • 4535 If of 12" water; 6315 If of 8" water; • 1495 If of 6" water; Various crossings, services, and appurtenances 1. DATA COLLECTION & 30% DESIGN: a. Initial Meetings/Data Collection. i. Kickoff Meeting ii. Site Reconnaissance Page 7 of 13 • Identify water and wastewater service area. • Compile photographic record of project area. iii. Obtain data from CLIENT: • Water and wastewater design criteria • Studies and correspondence by others • Water and wastewater plans • Front end documents • Meet with City of Round Rock to set objectives and finalize design criteria. b. Prepare base map c. Prepare preliminary layout of water and wastewater relocations d. Review preliminary alignments, limits and line sizes for water and wastewater improvements with City of Round Rock staff for approval. 30% Water & Wastewater PS&E Deliverables: • Provide hard and digital copies of 30% plans that show existing and proposed water and wastewater lines and identifies conflicts • Provide letter recommending improvements for the project • Provide cost estimate for relocation of water and wastewater lines E. SIGNING, PAVEMENT MARKINGS, AND TRAFFIC SIGNAL DESIGN (34%) 1. Produce small sign and pavement marking layout plans at 1 "=50' scale a. Technical review of roundabout design 2. Signalization a. Engineer will develop traffic signal plans for permanent mast arm signals at the intersections of RM 620 with Deepwood Dr., Lake Creek Dr., and IH 35 SBFR. The signal plans will be prepared at a scale of 1"=40'. Engineer will design the signal plans to a completion level needed to obtain a reasonable cost estimate for all the signal work on this project. Engineer will include following sheets for the submittal: (i) Existing Conditions sheets will show locations of existing traffic control devices, and underground, and overhead utilities at each intersection, from the survey data. (ii)Signal Layout sheets will show the locations of proposed signal poles, pedestrian poles, signal heads, communication equipment, electrical conduits, ground boxes, signal cabinet, new electrical service, existing utilities, right of way, and proposed roadway improvements. Locations of pedestrian poles and pedestrian access ramps will be designed in conformance with ADA requirements. The plans will include audible pedestrian signal head units at every pedestrian crossing. Due to lateral and vertical clearance required from an overhead electric line (per the State law), the Engineer will coordinate with the City before finalizing locations of signal poles. (iii) Signal Elevation sheets will show placement of signal heads on each mast -arm and vertical clearance required for the mast -arm. Page 8 of 13 b. Engineer will design a temporary traffic signal at RM 620 / Chisholm Trail Rd. during each phase of construction to ensure traffic operations. Engineer will also update signal preemption tables, if necessary. c. Engineer will coordinate with TxDOT traffic signal reviewers F. MISCELLANEOUS ROADWAY (30%) 1. TRAFFIC CONTROL PLANS a. The Engineer will develop overview plans for each phase of the preliminary traffic control plan. These plans will act as key maps for each phase of TCP and shall be developed at a 1"=200' scale. It is anticipated that traffic control for this project will consist of five (5) major phases. The overview pians will depict the lane configurations, proposed construction areas, and detour construction in each of these phases. b. The Engineer will prepare a conceptual narrative for the sequence of construction and submit it to the City for review and incorporation into the plans. The narrative will include a phase -by -phase description of the major construction activities. This is intended to be a narrative account of the activities shown in the traffic control overview plans. c. The Engineer will prepare preliminary traffic control typical sections for each major stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. 2. ILLUMINATION a. The Engineer will prepare preliminary layouts at a scale of 1"=100' depicting safety lighting for the gores of the ramps and the roundabout and underpass lighting for the bridges at the UPRR / Chisholm Trail Road and at Lake Creek Drive. These layouts will include only the location of proposed luminaire poles and services. 3. RETAINING WALLS a. The Engineer will investigate each wall location and determine the most suitable wall type for each application. b. The Engineer will provide a location plan of all walls at a scale of V=200'. The intent is to show the location of all walls in plan including the wall designation and beginning and ending stations. c. The Engineer shall prepare retaining preliminary wall layouts at a maximum scale of 1 "=40'. The layouts will show plan and profile views of the retaining wall. It is assumed that eleven (11) retaining walls will be necessary for the project. 4. BRIDGE LAYOUTS & DESIGN a. The Engineer will evaluate structural alternatives (e.g. beam type, bridge length, etc.) for the UPRR Overpass and for the Lake Creek Drive Overpass to determine the configuration most preferred by the City. b. The Engineer will develop preliminary bridge layouts (1"=40') and typical sections for the UPRR Overpass and for the Lake Creek Drive Overpass. These preliminary bridge layouts will contain information as required in the TxDOT LRFD Bridge Design and Bridge Detailer's Manuals, minus foundation design information. Sheets will be provided for: (i) Bridge Layouts Page 9 of 13 (ii) Typical Sections (iii) Boring Log Sheets c. The Engineer will submit preliminary bridge layouts to the City of Round Rock and TxDOT for review/approval. The Engineer will update these sheets based on comments received and will only begin detailed bridge design upon approval of the preliminary bridge layouts from TxDOT. 5. RAILROAD COORDINATION AND EXHIBIT'A' Engineer will produce five (5) Railroad Exhibit 'A' documents for review and coordination with TxDOT and UPRR: a. Bridge Exhibit 'A' b. Eastbound Planking Exhibit 'A' c. Westbound Planking Exhibit 'A' d. Eastbound Railroad signal Exhibit'A' e. Westbound Railroad signal Exhibit 'A' f. Railroad Diagnostic Team Meetings - With representatives from the City, UPRR, and TxDOT Rail Division, a field visit will be made to each at -grade rail crossing location. During this visit, existing equipment condition and potential quiet zone strategies will be discussed. A summary of the diagnostic team minutes and recommendations will be provided to the city. 6. AMENITIES, LANDSCAPE AND IRRIGATION a. Coordinate with bridge and retaining wall engineering staff on the development of design character and themes for retaining walls and bridge structures on the project. Coordination efforts to include preparation of conceptual sketch designs for review and approval of City and State staff, and preparation of preliminary design concepts for the design character and themes for wall and bridge structures. b. Provide preliminary concepts for other amenity improvements for the project, including special signage, iconic elements, gateway features, special light fixtures or other amenity components. c. Provide preliminary landscape plans, consisting of tree layouts to mitigate tree removal and/or any additional tree plantings within the project limits. d. Provide preliminary landscape irrigation plans, consisting of locations of irrigation system mainlines, potential locations for clocks and controllers, the designation of different types of irrigation (drip, turf rotors, or bubblers for tree irrigation), and the locations of sleeves for the installation of irrigation components on the project. 7. QUANTITIES a. The Engineer will calculate quantities for each of the following and as necessary to provide an Engineer's estimate of probable cost: (i) Roadway Plans (ii) Removal Plans (iii) Drainage Plans (iv) Water Quality Plans (v) Water and Wastewater Relocation Plans (vi) Signs, pavement markings, and signals (vii) Traffic Control Plans (viii) Illumination Plans Page 10 of 13 (ix) Retaining Wall Plans (x) Bridge Plans 8. STANDARDS, SPECIFICATIONS AND ESTIMATE a. The Engineer will identify the appropriate TxDOT standards and city details for the project. Standards that require modification will be revised and sealed by the Engineer. The Engineer will utilize TxDOT Austin District standards when applicable. A list of standards (not print outs) will be submitted at 30%. b. The Engineer will work with City and TxDOT to complete the basis of estimate prior to beginning quantity calculations. c. The Engineer will prepare an opinion of probable construction cost at the 30% submittal. IV. PUBLIC INVOLVEMENT A. Public Outreach 1. Communication with Project Team as needed 2. Project Summary Reports 3. Updates to Stakeholder groups as needed 4. Regular meetings with City staff as needed B. Computer Visualization / Educational Video of Roundabout 1. Project Management a. Provide staged deliverables/reviews/revisions during project development b. Coordinate acquisition of required data. 2. Project Set -Up / CAD Data Conversion a. Client will provide 3D roadway and ramp centerlines, striping, typical sections, planimetrics, base digital orthoaerial photography, and 3D contour data for the proposed roadway design, as available. b. Interpretation of all supplied CAD data c. Conversion of relevant data 3. Modeling and Animation a. Modeling of 3D topography based on provided CAD data b. Generic creation of surrounding neighborhoods c. Landscape creation (existing features) d. Modeling of notable buildings around the roundabout e. Modeling of proposed grading along the roadway 4. Texture Development a. Color aerial photography b. Field digital photography (buildings around roundabout) c. Surrounding vegetation 5. Animation a. Camera development (i.e., aerial, driver's eye, and pedestrian's eye) b. Passively animated traffic 6. Editing / Compositing a. Compositing final footage with narration (if needed) b. Format preparation for standard and high definition deliverables 7. Create seven (7) high definition (1920 x 1080 pixel resolution) visualizations highlighting the following key points Page 11 of 13 a. Entering the roundabout (Aerial view and driver's perspective) 101 RM 620 l SAFETY IMPROVEMENTS } i FROM DEEPWOOD DR. TO IH 35 Q HALFF b. Leaving the roundabout (Aerial view and driver's perspective) c. Traveling SB on Chisholm Trail Road and continuing on WB 620 (Aerial view and driver's perspective) d. Traveling EB on RM 620 and continuing on to NB Chisholm Trail Road (Aerial view and driver's perspective) e. Exiting from WB RM 620 to the roundabout and continuing on WB to enter the 620 Cafe' or other selected business on the NW corner. (Aerial view and driver's perspective) f. Bypassing the roundabout while a train is present. Gates will be lowered and flashing appropriately (Aerial view and driver's perspective) g. A pedestrian safely crossing the roundabout on foot Deliverables: • A preliminary draft of the visualizations — consisting of two (2) DVD copies with the seven (7) standard definition visualizations outlined above. • A final draft of the visualizations — consisting of four (4) discs — a) two (2) DVD ROM discs with high definition versions and b) two (2) DVD ROM discs with standard definition versions The Engineer will perform the services to be provided under this agreement out of Engineer's office(s) as listed below: Service Project Management Engineering and Field Surveying Utility Design Computer Visualization Office Location Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. Two Sierra Way, Suite 105 Georgetown, TX 78626 Halff Associates, Inc. 1201 N. Bowser Road Richardson, TX 75081 Page 12 of 13 Sub-Consultants: CP&Y, Inc. (CPY) Kimley Horn and Associates, Inc. (KHA) Inland Geodetics (Inland) SWCA Consultants (SWCA) Fugro Consultants, Inc. (Fugro) Nancy Ledbetter and Associates, Inc. (NLA) Page 13 of 13 EXHIBIT C Work Schedule Halff Associates Inc. is prepared to commence work on this project immediately upon notice -to -proceed from the City of Round Rock. The proposed date for completion of services is December of 2013. The proposed contract milestones are as follows: • Contract Award / Notice to Proceed: June 2013 • TASK I: Project Management: June - December 2013 o Design Concept Conference with TxDOT: July 2013 • TASK II: Surveying and Geotechnical Services o Complete ten (10) priority ROW parcels: September 2013 o Complete remaining ROW parcels: December 2013 o Complete geotechnical field investigations: August 2013 o Complete geotechnical lab testing: September 2013 o Complete geotechnical report: October 2013 • TASK III: Roadway Design (30% PS&E) o Submittal of PS&E for review: November 2013 o Submittal of Railroad Exhibit `A's for coordination: December 2013 • TASK IV: Public Involvement o Coordination efforts, as needed o Completion of computer visualizations : December 2013 EXHIBIT D Fee Schedule Attached Behind This Page EXHIBIT D - FEE SCHEDULE :95K?P:�S�Oiriv...Qt+::::'•'•::::::':':':':::::::':'::::::::•:•'•'•'•••••'•'•'•::::::'•••'•:�:�:•'�'�:U►Pf?R:•:�:�:� • [NrIN P• �n 6 r. :�' I •.:;: YaYhL cb9 : CON§I14 AN18: EE SUMMARY 1 PROJECT MANAGEMENT $74,720 930 800 $384,368 ::S4b5;868:;:;: $197,790 5;: $23,489 :::'air►>is:: II FIELD SURVEYING AND GEOTECHNICAL SERVICES $21,000 500 10 ROADWAY DESIGN (30°:PS&E) $202,966 IV PUBLIC INVOLVEMENT $49,260 TOTAL HOURS : $$4�,9q�':::: ;: $93d;: ';:;: Ss�QQ : ' :'S�fjYYasd7': ' •: WYY,I�>fY:: � :��: :'suis•'s'mai:�:�'�'�•�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:�:• :�3��:�'•'�'� {: :��. ,�itb.�:�'� :��Bt>5. . $,`$:•: .O�:BYCPTE4QAY:•:•:•:•:•:':':•:':•:•:•:•:•:':':':•:•:•:•{:;:;:•:•:•{:}};'r:•:•:•:•a;:;:;:} :::•$3$Yi . �'. .......... b: ' 4b fla3:: — 4_ — I }�.•�+ ' '2 :;: SUB -CONSULTANT SUMMARY CPY $147,160 FUGRO $134,760 INLAND $249,608 KHA $48,635 SWCA $1,995 NLA $23,489 TOTALI $605,647 Note: Fees quoted in this proposal exclude state and federal sales taxes on professional services. Current Texas law requires assessment of sales tax on certain kinds of surveying services, but does not require sales taxes on other professional services. In the event that new or additional state or federal taxes are implemented on the professional services provided under this contract during the term of the work, such taxes will be added to the applicable billings and will be in addition to the quoted fees. EXHIBIT E Certificates of Insurance Attached Behind This Page ACORD,. CERTIFICATE OF LIABILITY INSURANCE oaTe (MM/DornrvY) as/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER Bell Insurance Agency 16980 Dallas Parkway Dallas, TX 7SZ48 UVRTAUT NAME: Candy Goehri ng AX AIC N g.t : 972.581.4915 Arc, No : 972. S81. 4916 ADDRESS: cgoehring@bellgroup.com I,YSURER(S)AFFORDING COVERAGE NAIC0 INSURER A: Hartford Accident 81 Indmnity 27357 INSURED Halff Associates, Inc. 1201 N. Bowser Richardson, TX 75081 INSURER B: Hartford Casualty Ins. Co. 29424 INSURER C: Hartford Underwriters 30104 INSURER D: ACE American Ins. Co. 22667 INSURER E: INSURER F, COVERAGES CERTIFICATE NUMBER: 1Z/13 Master/Prot REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES O INSU E LISTED BELOW HAVE BEEN I GED TO THEINSURED NAMEDABOVE 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. LTR TYPE OF INSURANCE INSR Y1V POLICY NUMBER MMID�_ _ (MWDDNYM LIMITS A GEHERALLIABILITY X COMMERCIAL GENEM LIABILITY CLAWS-MADEOCCUR Lni X Contractual Liab. Ro nd Rock, TX 78664-5299 46UUNIYS76 07/12/2012 07/12/2013 EACHOCCURRENCE $ 1,000,00 PREMISES Ee ooaerence S 1,000,000 MEDEXP(My one person) ; 10,00 PERSONAL dAOVINJURY S 11000,00 GENERALAGGREGATE ; 2 OOQ OOO GENL AGGREGATE LIMIT APPLIES PER: POLICYX E T LOC PRODUCTS. COMPIOP AGG S 2,000,000 ; A AUTOMOBILE LIABILITY X ANY AUTO LL VV rU) I SCHEDULED AOS X HiREOAUTOS X NON-OWNED 46UUNlYS768 07/12/2012 0711212013 m(AL LIMIT Eaeo ut s 1,000,00 BODILY INJURY (Pet person) ; ; BODILY INJURY (Per accident)AUTOS (Per aocktanl ; f B X UMBRELLALUIB EXCESS LIAR X OCCUR CLAIMS•MADE 46XHUIY667 07/12/2012 07112/2013 EACH OCCURRENCE $ 51000,00 AGGREGATE $ 5,000,000 DEO I X I RETENTIONS 101000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORJPARTNERIEXECUT OFFICERIMEMBER EXCLUGE07 I i (Msndalotyin NH) U yes, describe under DESCRIPTION OF OPERATIONS below N I A 46WEW609 07/12/2012 07/1212013 X TORYCIIR ER E•L.EACH ACCIDENT ; 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000, 000 E.L. DISEASE • POLICY LIMIT S 1,000,000 essional Lia T iy laims Made Policy fro EONG21673845 07112/2012 07/12/2013 $5,000,000 Per Claim Limit #5,000,000 Aggregate Limit DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is requited) 0 day notice of cancellation applies except for 10 days for non payment of premium eneral liability is primary non-contributory if required by written contract. CERTIFICATE HOLDER CANCELLATION IF3 78UU-LUIU AIiUKLJ UVKYVKA11Vrt. All rlgnLS reSerYe U. ACORD 25 (201 0105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISKMIS. City of Round Rock AUTHORIZED REPRESENTATIVE �/ l City Manager 221 East Main Street Ro nd Rock, TX 78664-5299 Thomas 1. Ashle /CANDY IF3 78UU-LUIU AIiUKLJ UVKYVKA11Vrt. All rlgnLS reSerYe U. ACORD 25 (201 0105) The ACORD name and logo are registered marks of ACORD