R-04-03-11-11D3 - 3/11/2004RESOLUTION NO. R -04-03-11-11D3
WHEREAS. the City of Round Rock desires to retain engineering
services for IH -35 modifications from Chandler Road to Westinghouse
Road, and
WHEREAS; HDR Engineering, Inc. has submitted a Contract for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract
with HDR Engineering, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract. for .Engineering Services with HDR
Engineering, Inc. for IH -35 modifications from Chandler Road to
Westinghouse Road, 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 llth day of March, 2004
J)1
ELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretai.
:,,PPDesktop\-.ODMA,WOR_.DOX/O:i W0OY./RESOLUTI/R4O311D3.WPD/sc
ROUND ROCK. TEXAS
!RPOsr. PASSt \ PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 2211 South IH 35, Suite 300, Austin, Texas 78741
PROJECT: 1H 35 FRONTAGE ROAD (Chander Road to Westinghouse)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the __ day of , 2004 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
File Name: ih35/frontage-02-04-hdr; 64493
EXHIBIT
nAn
Rev. 02/23/04
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit.a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed 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.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Eight Hundred Thirty-six Thousand, Three Hundred Twenty-nine dollars ($ 836.329.00 )
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.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Thomas E. Word, Jr., P.E.
Chief of Public Works Operations
2008 Enterprise
Round Rock, Texas 78664
Telephone Number (512) 218-5555
Fax Number (512) 218-5563
Email Address tomword(around-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
George E. Tillett, P.E.
Project Manager
2211 South IH 35, Suite 300
Austin, Texas 78741
Telephone Number (512) 912-5100
Fax Number (512) 912-5158
Email Address George.Tillett@hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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.
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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 City Council Resolution. Engineer shall not proceed until the appropriate
Resolution has been adopted. 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 Council 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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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.
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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
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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 activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
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acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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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
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
George E. Tillett, P.E.
Project Manager
HDR Engineering, Inc.
2211 South IH 35, Suite 300
Austin, Texas 78741
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 alt professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same on its behalf by
Resolution No. , approved by the City Council on the day of the month
of , 2004, and Engineer, signing by and through its duly authorized representative(s),
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions hereof.
CITY OF ROUND ROCK:
By:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
HDR ENGINEERING, INC.
By:
Sig ature of Prin ipal
Printed Name: 4414C1 k (Et...,.
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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
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
The City will provide for the Engineer under this agreement the following items/information:
1) Schematic & PS&E development of IH -35 ramp reversal and Chandler Road turnaround bridge
a) Review and approve roadway design criteria.
b) Schedule, coordinate and conduct meeting of affected property owners.
c) Provide assistance with coordination with TxDOT.
d) Provide a digital aerial photo of the project area.
e) Provide a digital terrain model (DTM) for the project area.
f) Provide a list of utility providers with contact names and phone numbers for the project area.
g) Provide electronic drawings of the proposed developments within the project limits.
A-1
EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
The work to be performed under this contract shall consist of completing the following
items/information between Chandler Rd. and Westinghouse Rd. along the NB Frontage Rd. of IH 35:
1) Schematic Design will be developed from 1000 ft south of Chandler Road to 1000' north of
Westinghouse Road.
a) Develop Roadway Design Criteria and complete the Design Summary Report (DSR)
b) Attend Design Concept Conference
c) Schematic Document
i) The Schematic will be developed based on TIA developed in previous stage and input from
the CoRR.
d) The Engineer will not be required to provide any railroad exhibits and/or agreements.
e) The Engineer will calculate and show horizontal and vertical alignments for all ramps,
Turnarounds and frontage Roads; intersecting highways and minor cross streets. Roadway
geometry will be based on the criteria and requirements set forth in TxDOT Design Manual.
i) Design speed
(1) Ramps: 45 mph
(2) Main lanes 70 mph
(3) Frontage Roads: 45 mph
(4) Cross Streets consistent with long range plans for cross street facilities.
ii) The horizontal alignments will show bearings in the tangent sections and curve data
including delta angles, PI stations, tangent lengths, length of curve, and radii. The plan views
will show the centerline, edge of pavement, striping, lane widths, shoulder widths, cross
slopes, superelevations with transitions, direction of traffic flow, and layouts for all speed
change lanes.
iii) The vertical alignment will show existing and proposed elevations at 100 -foot intervals,
vertical curve VPI stations, curve lengths, superelevation rates and transitions, design speeds,
"K" values (evaluation modification required to bridge deck elevations to obtain minimum
"K" values),
iv) The Planning Document will be prepared in English units with the MicroStation J and
GEOPAK 2000.
f) The Engineer will show typical sections consistent with TIA and program documents completed
in previous stage.
g) The Engineer will prepare the Planning Document on roll not to exceed 10 feet in length. The
rolls will include plan and profile to a scale of 1 inch=100 feet horizontal and 1 inch=10 feet
vertical.
h) Engineer will determine the locations of Major guide signs and pavement markings in
compliance with Texas Manual for Uniform Traffic Control Devices (TMUTCD). Guide signs
will be included on the Planning Document.
i) The Engineer will determine in coordination with CoRR the limits of construction projects if
multiple projects would enable facilities that provide interim use.
j) The Engineer shall provide one Mylar copy and one paper copy of the plans.
B-1
i) Right of Way lines and Control of Access lines (if any)
(1) The existing apparent ROW limits and abutting parcel plats with legal description and
physical address
(2) Proposed revised ROW limits including measurements of taking.
ii) Geometric typical sections (including pavement cross slopes, lane and shoulder widths, and
slope rates for cuts and fills) for proposed main alignment roadways.
iii) Current and projected traffic volumes as developed by the TIA study and Information
provided by TxDOT will be shown on the plans (existing, 20 -year, and 30 -year traffic
projections, unless determined otherwise by the CoRR).
iv) Major Guide signs
v) Geometry of speed change (acceleration, deceleration, turning, etc.) lanes
vi) Existing Utility locations will be shown in plan emphasizing those, which are in conflict with
the proposed construction. The overall design developed should minimize the need for utility
adjustments. Proposed utilities will not be shown.
vii)Any encroachments into ROW, including all trees greater than 6" in caliper, signs, fences
and other physical objects
viii) Significant drainage structures (existing and proposed) as determined by Hydrologic and
Hydraulic report.
ix) Updated preliminary construction cost estimate based on the Planning Document design.
This estimate will not include projected preliminary ROW and utility relocation costs.
k) Schematics will be developed and submitted at the following milestones:
i) Prelimary Schematic, two copies, for review by CoRR.
ii) Draft Final Schematic, three copies each, for CoRR, TxDOT, and FHWA review.
iii) Final Planning Document, three copies each, CoRR, TxDOT, and FHWA.
2) Right -of -Way:
a) Identify areas where temporary construction/driveway easements or agreements may be required.
b) Engineer will supply Exhibits and driveway penetration agreements with adjacent property
owners if required.
c) Prepare parcel descriptions and layouts for the proposed ROW takings. It is estimated there will
be 5 or less takings for this projects. If additional parcels are needed they may be added by
supplemental agreement.
3) Utility Coordination:
a) Identify existing utility locations and place utility information on plans. Effort shall include
contacting Utility companies and mapping record drawing maps of facilities and conforming that
data with actual field data surveyed at the project site.
b) Coordination of utility adjustments with assistance from CoRR and TxDOT. Provide technical
assistance and meeting exhibits as needed.
c) Coordinate and attend utility coordination meetings according to TxDOT Project Development
Plan (PDP). Engineer to provide copies of plans and cross sections to the utility companies as
required by the (PDP).
d) Incorporate resolutions from utility coordination meetings into plans.
e) Coordinate with utility companies to determine areas of conflicts.
f) Provide an up-to-date table of utility owners on the project with contact names, addresses, and
phone numbers.
g) A SUE is not likely to be needed on this project, but if required may be added by supplemental
agreement.
4) Develop DTM for development of PS&E.
B-2
a) The format for the DTM shall be a Microstation 3-D file. The Engineer shall place and review
breaklines in the DTM.
b) The corridor limits for the DTM are defined as follows:
i) Beginning of project is 1000' North of Westinghouse Road.
ii) End of project is 1500' South of Chandler Road.
iii) Width shall be from the centerline of the roadway to the existing East ROW.
(1) Additional width from the centerline of the roadway to the existing West ROW from 800'
North of Chandler Road to 100' South of Chandler Road.
(2) Additional width at existing East driveways - 100' beyond ROW and 20' wider than
driveway width on both sides (total = driveway + 40')
c) All physical features located within the corridor shall be identified in the DTM. Attention is
called to, but not limited to, the following items:
i) Drainage
(1) Identify all storm sewer components such as inlets, manholes, etc.
(a) Provide the general direction of pipe runs in the system.
(2) Identify all cross drainage structures by size, length, type, and end treatment.
(3) Identify all ditches.
(4) Identify all driveway and intersection pipe by size, length, type, and end treatment.
(5) For cross drainage structures, provide additional survey sections (100' wide) along the
channel at the following locations:
(a) 100' Upstream of existing ROW
(b) Upstream existing ROW line
(c) Upstream end of structure
(d) Downstream end of structure
(e) Downstream existing ROW line
(f) 100' Downstream of existing ROW
ii) Bridges
(1) Identify all components such as begin and end bridge, approach slabs, columns,
abutments, begin and end bridge rail, begin and end MBGF, riprap, sidewalk and curb
and gutter, medians and bridge member preliminary sizing.
iii) Roadway
(1) Identify all components such as centerline, lane lines, edge of pavements, curb and gutter,
retaining walls, sidewalks and ADA ramps, riprap, CTB, MBGF, etc.
(2) Provide a table of driveway and intersections to include type (residential or commercial),
type of material (asphalt or concrete), radii, width, length, pipe (size, type, length, and
SET).
(3) Provide a table of benchmarks to include point name, type (iron rod, monument, etc.),
station, offset, x, y, and, z.
(4) Identify the existing ROW. Also identify abutting parcel property lines, plat information,
and owners name and address.
iv) Geotechnical
(1) Locate all soil borings for bridges and retaining walls once they are completed.
v) Miscellaneous
(1) Identify all existing large and small signs and object markers. Provide a table of existing
signs to include station, offset, size, sign wording, etc.
(2) Identify all existing striping including centerlines, lane lines, stop lines, words, arrows,
etc.
B-3
(3) Identify all components of existing signalized intersections such as poles, controller box
and pad, loops, conduit runs, ground boxes, etc.
(4) Identify all components of existing illumination such as poles, ground boxes, conduit
runs, etc.
(5) Identify all encroachments into the existing ROW such as all trees greater than 6" in
caliper, signs, fences, and other physical objects.
5) Roadway Design
a) Prepare Typical Section including supporting documentation for submittal. (Submittal will
include Location Map, Form 1002 & typical sections on 8 1/2" x 11" plan sheets) The typical
section shall also reflect proposed geometric including pavement cross slopes, lane and shoulder
widths.
b) Refine Horizontal and Vertical Alignment for the following
i) 1H 35
ii) Northbound Frontage Roads
iii) Two Turnarounds
iv) Northbound exit ramp to Westinghouse
v) Northbound entrance ramp from Chandler Westinghouse
vi) Bypass frontage road under Chandler Road
vii) Chandler Road.
c) Develop roadway plan/profile sheets including quantities for the above listed locations.
d) Prepare Design Cross Sections and compute earthwork volumes.
e) Provide electronic files of original and design cross sections report, completed cross sections,
horizontal alignment, vertical alignment and haul plot data (table). Also provide one Mylar roll
plot of completed cross sections.
f) Establish criteria for construction phasing.
g) Prepare plans in English Units.
6) Drainage design
a) Gather information regarding existing drainage features, facilities and watersheds from previous
plans
b) Evaluate existing drainage conditions.
c) Develop Preliminary drainage area maps and discharge rates.
d) Prepare preliminary Hydraulics report.
e) Hydraulic computations.
i) Culverts
ii) Channels
iii) Storm sewers/inlets
f) Layout, design and detailing of drainage features.
i) Culverts
ii) Storm sewers
g) Summary of quantities.
h) Develop Storm Water Pollution Prevention Plan (SW3P) for each phase of construction
including narrative and SW3P controls including but not limited to temp. Sed. control fence,
construction exits, detention ponds, rock berms, etc.
i) Temporary storm drainage calculations and design. This work will include the use of any
hydrologic or hydraulics computer programs which may be required, such as Texas Hydraulic
System (THYSYS), Federal Highway Administration Hydraulic Engineering Circulars and other
TxDOT Hydraulic Section publications.
7) Signing, Markings And Signalization
B-4
a) Prepare Signing, Pavement Markings, and Object Marker plan sheets to a 1"=100' horizontal
scale (same scale as plan and profile sheets).
b) Prepare Summaries for Small and Large Signs, Pavement Marking, and Object Markers.
Summaries shall be separate from the plan sheets and be broken down by TxDOT bid items and
sheet totals.
c) Provide signing, pavement markings, and object marker standards and special signing, pavement
marking, and object marker details as necessary.
d) Prepare Traffic signal plans sheets to 1"=100' horizontal scale (same as plan and profile sheets).
Prepare summary for traffic signal items. Summaries shall be separate from the plan sheets and
be broken down by TxDOT bid items and sheet totals. Provide traffic signal details and traffic
signal standards for Westinghouse Road and at Chandler rd and the Northbound Frontage road.
e) Prepare temporary traffic signal layouts consistent with TCP at Chandler Road.
f) Provide electronic files for development of ITS plans by TxDOT (if required). Coordinate and
incorporate plans, general notes, estimates, special specifications and provisions into 95% and
100% submittal
8) Miscellaneous (Roadway)
a) Develop miscellaneous roadway details.
b) Prepare Illumination plan sheets to a 1"=100' horizontal scale (same scale as plan and profile
sheets) for safety lighting at approximately 5 separate locations plus the possibility of lighting
under the proposed turnaround bridge. Prepare summary for illumination items. Summaries
shall be separate from the plan sheets and be broken down by TxDOT bid items and sheet totals.
Provide illumination details and illumination standards.
c) Prepare retaining wall layouts including summaries, details and standards.
d) Prepare temporary special shoring layouts including summaries.
e) Perform soil core hole drilling for retaining walls (see geotechnical investigations for details)
f) Develop driveway details & summaries.
g) Formulate and prepare traffic control plan, detours and sequence of work narrative. That
provides for the following minimum conditions:
i) Maintains 3 lanes of traffic on IH 35 at all times
ii) One lane of traffic on the Northbound frontage road.
iii) Coordination of utilities that are to be joint bid.
h) Calculate quantities and prepare summary sheets.
i) Prepare construction estimate using Estimator Software. The list of bid items will be included in
the estimate. Prepare construction time estimate (CPM schedule) with Primavera or other
scheduling software. Prepare special specifications for non-standard items, if required.
j) Prepare general notes, list of special provisions and list of standard details to be used.
k) Prepare list of right-of-way encroachments if needed.
1) Prepare plans for project milestones. All submittal listed below will go through CoRR with two
additional copies provided at each submittal. Two reproducible paper copies (11"x17")
schematics shall be submitted to the TxDOT for review. Two reproducible paper (11" x 17")
copies of the plans shall be submitted to the TxDOT Contract Management Office at the 30%
(including bridge and retaining layouts), and 60%, 90% and 95% design completion stages (not
including bridges). The Project Manager will attend Review meetings for these milestones and
make necessary revisions to the plans. After the Contract Management Office review of the 95%
plans, three reproducible paper copy (11" x 17") of the final plans, along with the supporting
PS&E documents will be submitted to the TxDOT Contract Management Office for further
processing at the District level. A review meeting should not be necessary, however, the
Engineer shall make minor plan revisions as requested by the District Office. Upon completion
B-5
of the District review of the plans, the Engineer shall furnish signed original Mylar (11" x 17")
drawings, which shall include all applicable standards. Electronic Microstation DGN files
including cross sections shall be submitted to TxDOT upon final approval of the PS&E.
m) The Engineer shall coordinate with TxDOT, local municipal agencies, utility companies and
Sub -consultants as needed.
9) Bridge Design
a) Prepare Preliminary and Final Bridge Layouts.
b) Prepare Bridge cost estimates based on quantities prepared by TxDOT
c) Develop structural details for the Turnaround bridges for PS&E.
d) Develop structural details for retaining wall design for the retaining wall under Chandler Road
bridge.
10) Geotechnical Investigations
Conduct foundation studies including soil core drilling for both bridge and retaining wall structures
to include the following:
a) Stake borings in the field utilizing tape and right angle measurements and perform utility
clearance and provide traffic control
b) In accordance with TxDOT Geotechnical guidelines, drill 8 borings along the proposed soilnail
retaining wall through the existing embankment soils to supplement the existing test boring
information and to develop information on the existing embankment material. Borings are to be
drilled as follows: 6 borings for proposed retaining walls to an average depth of 45 feet. 2
borings 60 feet deep at bridge abutments.
c) Develop a geotechnical report recommending type of retaining wall and geotechnical parameters
for wall design and bridge foundation design and recommendations.
d) Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible
Pavement" and the current AASHTO Guide for the Design of Pavement Structures, will be the
governing references for this design. (Development of this section shall be in consultation with
the District Pavement Engineer.)
i) Drill 20 borings for use in pavement design
ii) Flexible pavement designs will be analyzed utilizing the FPS program, while rigid
pavement designs will be analyzed utilizing the Darwin 3.01 program. All pavement design
will be based on subgrade information developed by the Engineer and traffic loading
conditions provided by TxDOT.
iii) Pavement designs will be produced for the main lane widening, frontage road and ramps.
iv) A pavement design report to TxDOT standards will be produced for the design.
11) Construction Phase Services are not part of this contract and will require a supplemental
agreement.
B-6
EXHIBIT C
Work Schedule
18
Week 43 I Week 44 I Week 45
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0
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0
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Week28 lWeek29 Week 30 Week 31
Notice to Proceed
Geotech Test Holes
Review Existing Information and
Prepare for Design Concept Meeting
n Design Concept Meeting
Survey project and create DTM
E
0
1,8
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wa
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43
Plans 60% complete
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a
L
u
L
E
Generate Cros
y
E
o_ 0
E
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Finalize Structural Detail Plan Sheets
Finalize Surfac
43 v 43 2
TOOT Review Comments
2 M E
E
8
5
0
E
E
U
0
o
ti ,
0
1
Group By Summary
1
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0
11)
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0
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0
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2
0
W ;
0
w
5
t
n
2
'Week 10 I Week 11
0
Notice to Proceed
75 days 2FS+5 days
Geotech Test Holes
Review Existing Information and
Prepare for Design Concept Meeting
Design Concept Meeting
Survey project and create DTM
Prepare Draft Schematic
Review Schematic with CoRR and
TeDOT
Complete Schematic for submission
for FHWA
Develop Hydrology and overall
Hydraulic Plan
Develop Project Geometry Base
Develop P & P Sheet 30% complete
Review Survey Information and
determine necessary updates
Request from Utilitity Companies
information in Project area
Develop Bridge & Retaining Wall
Layouts
Develop Traffic Control Concept
Determine ROW requirements
5 days 17,10,12
Compile, QA and Submit 30%
1-1
Submit 30% Drawings to TxDOT
Traffic Control Plans 60% complete
EXHIBIT D
FEE SCHEDULE
Manhour Summary
1 Project Name: IH 35 NB Frontage Road
Task Summary:
D-1
Tasks
Hours for the Classifications
Project
Principal
PM / Senior
Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
Total
Attend design Kick-off Meeting
4
12
12
0
0
8
2
38
Develop Horizontal
0
4
10
12
24
0
0
50
Develop Vertical alignments
2
4
12
20
12
12
0
62
Refine typical section - Ramp - FR - Bypass
0
4
0
8
0
12
0
24
Major Guide Sign locations
0
6
12
16
8
0
0
42
Schematic Plan Exhibit
0
2
0
6
32
8
2
50
Determine Retaining wall locations
0
2
4
4
0
4
0
14
Hydrology and Floodplain maps
2
2
4
6
0
8
0
22
Preliminary Hydraulic Design
2
2
4
16
0
0
2
26
Utility identification and conflict assessment
0
2
8
4
12
0
0
26
Update Prelim. Construction Cost Estimates
0
2
2
8
8
0
4
24
Design Coordination meetings
4
12
12
0
0
0
0
28
Preliminary bridge member sizing
4
28
28
24
0
0
0
84
TxDOT Coordination
4
8
8
0
0
0
0
20
Review and Progress Meetings
4
8
0
8
0
0
4
24
Total Hours and Sheets
26
98
116
132
96
52
14
534
D-1
Tasks
Hours for the Classifications
Project
Principal
PM / Senior
Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
Total
2) Right -of -Way and Utility Coordination
Identify temporary construction easements
0
2
0
4
0
2
0
8
Exhibits for driveway penetrations
0
2
0
0
6
0
0
8
Utility Coordination
Map existing utility information
0
8
4
12
24
8
0
56
Coordinate Utility adjustments
0
20
24
10
0
16
0
70
Attend utility coordination meetings
0
24
12
0
0
0
8
44
Develop plans and cross section for Util. Comp.
0
2
0
4
0
16
0
22
Incorporate resolutions into plans
0
8
8
12
0
24
0
52
5) Roadway Design
Prepare Typical Sections (Exist and Prop.)
0
8
0
30
16
34
0
88
Refine Horizontal Alignments
0
8
16
24
8
0
0
56
Refine Vertical Alignments
0
8
16
32
16
8
0
80
Develop Roadway P&P sheets
8
100
80
315
160
140
0
803
Prepare design cross sections and Earthwork calcs.
6) Drainage Design
0
12
8
42
24
0
0
86
Gather existing data
0
4
0
8
0
4
0
16
Evaluate existing drainage conditions
0
4
4
2
0
0
0
10
Develop Preliminary drainage area maps and discharge r
0
2
4
16
12
0
0
34
Prepare Hydraulics report
4
2
8
4
4
0
8
30
Hydraulic computations
Culverts
0
2
12
22
4
0
40
Channels
0
2
4
10
4
0
20
Storm sewers
0
2
6
14
4
0
26
Layout, design and detail of
Culverts
0
2
2
10
8
8
0
30
Storm sewers
0
2
2
10
8
8
0
30
Develop SW3P for each phase of construction
0
2
10
30
20
30
4
96
Develop Temporary drainage systems during const.
8) Miscellaneous Design
0
2
4
10
4
12
0
32
Develop Misc. Roadway Details
0
8
4
20
16
16
0
64
Prepare Retaining wall layouts and summaries
0
16
0
38
0
28
0
82
Develop driveway details and summaries
0
8
0
16
0
20
0
44
Prepare Traffic Control Plans Phase 1
0
16
16
32
50
30
0
144
Prepare Traffic Control Plans Phase 2
0
16
16
32
50
30
0
144
Develop Temporary Detour Routes
0
8
0
12
12
4
0
36
Develop Temporary Shoring layout
0
2
4
10
12
4
0
32
Develop TCP details
0
3
6
13
12
4
0
38
Develop Temporary and Permanent Traffic Signals
0
44
16
40
184
48
0
332
Calculate Quantities and prepare summary sheets
0
20
0
30
10
10
20
90
Prepare Construction estimate using Estimator.
0
0
0
12
0
0
0
12
Prepare const. Schedule using CPM method.
0
4
8
10
0
0
0
28
Prepare special spec. and special provisions
0
2
4
8
0
0
0
14
Prepare Gen. Notes
0
2
4
18
0
0
0
24
Prepare Plans at 30, 60, 90, 95 and 100% design
0
24
8
12
12
24
8
88
TxDOT Review and Coordination
4
24
24
0
0
0
52
Total Hours and Sheets
16
425
334
930
668
540
48
2961
D-2
Summary of Hours:
Tasks
Hours for the Classifications
Project
Project
Principal
PM / Senior
Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
Total
9) Bridge Design
96
0
24
0
0
72
228
Schematic Design
Prepare Preliminary and Final Bridge Layouts
4
16
12
24
40
0
0
96
Prepare Bridge Cost Estimate& Quantities
0
0
8
24
8
0
0
40
Abutment Design & Details
0
12
0
32
28
0
0
72
Interior Bent Design & Details
0
18
0
32
28
0
0
78
Superstructure Design & Details
0
48
44
32
176
0
0
300
Framing Plan
0
12
12
0
24
0
0
48
Miscellaneous bridge details
4
16
16
8
24
0
0
68
Bridge Standards
0
2
0
0
8
0
0
10
10) Rataining Wall Design
Develop structural details for Soil nail wall
8
32
48
32
60
40
0
220
Total Hours
16
156
140
184
396
40
0
932
Summary of Hours:
D-3
Hours for the Classifications
Project
PM / Senior
Design
Engineer
Sr. Design
CADD
Steno /
Project Administration
36
96
0
24
0
0
72
228
Schematic Design
26
98
116
132
96
52
14
534
Plans Specs and Estimate
16
425
334
930
668
540
48
2961
Chandler Road Turnaround Bridge and
Retaining Walls
16
156
140
184
396
40
0
932
Total Hours
94
775
590
1270
1160
632
134
4655
D-3
Fee Summary
Cost Component, Hours Schematic PS&E Bridge Project Total
Admin. Hours
Project Principal 26 16 16 36 94
Project Manager/Senior Engineer. 98 425 156 96 775
Design Engineer 116 334 140 0 590
Engineer -in -Training 132 930 184 24 1270
Sr. Design Technician 96 668 396 0 1160
CADD Technician 52 540 40 0 632
Clerical/Steno 14 48 0 72 134
Total Hours 534 2961 932 228 4655
Cost Component, Dollars Rate
Project Principal $236 $6,130 $3,772 $3,772 $8,488 $22,163
Project Manager/Senior Engineer. $151 $14,800 $64,183 $23,559 $14,498 $117,039
Design Engineer $117 $13,585 $39,117 $16,396 $0 $69,098
Engineer -in -Training $86 $11,391 $80,255 $15,878 $2,071 $109,596
Sr. Design Technician $99 $9,468 $65,881 $39,055 $0 $114,404
CADD Technician $77 $4,007 $41,607 $3,082 $0 $48,696
Clerical/Steno $55 $777 $2,663 $0 $3,994 $7,434
Labor Dollars $60,158 $297,478 $101,743 $29,051 $488,429
TOTAL EXPENSES W/ 10% markup
Survey
Geotech
Environmental Document (EA/FONSI)
Signing,Striping, Illumination
$75,075
$62,500
$103,590
$45,000
$61,735
(TOTAL LUMP SUM FEE $836,329 I
Survey
Geotech
Signing,Striping, Illumination
Direct Labor
Indirect Costs
Direct Costs
Profit @12%
D-4
$62,500
$103,590
$61,735
$158,478
$277,620
$75,075
$52,332
EXHIBIT E
Certificates of Insurance
20
O
y
W
Ln
FM 1431
N I H 35 Modifications From Chandler Rd to Westinghouse Rd
W E & Development of A Parallel Arterial to I H 35 K,TEXAS
DATE: March 5, 2004
SUBJECT: City Council Meeting - March 11, 2004
ITEM: 11.D.3. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with HDR Engineering, Inc.
for IH -35 modifications from Chandler Road to Westinghouse
Road.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, Chief of Public Works
The work to be performed under this contract will consist of the
following work elements: (1) Development of Schematic Design
for IH -35 and frontage roads from approximately 1,000 feet south
of Chandler Road to approximately 1,000 feet north of
Westinghouse Road; (2) environmental clearance; (3) right-of-
way requirements; (4) utility adjustments; (5) develop Plans,
specs and estimates; (6) roadway design; (7) drainage design;
(8) signing, markings and signalization; (9) develop miscellaneous
roadway details; (10) bridge design; (11) geotechnical
investigation; and (12) construction phase services.
Funding:
Cost: $836,329.00
Source of funds: RR Transportation System Development Corporation
Outside Resources: HDR Engineering, Inc.
Background Information: HDR Engineering provided preliminary work on the I-
35 modification project since 2003.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
ROUND ROCK. TEXAS
fikPOS . aasuaN. rROVERrrr
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 2211 South IH 35, Suite 300, Austin, Texas 78741
PROJECT: IH 35 FRONTAGE ROAD (Chander Road to Westinghouse)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the 11 day of iirYICULCkl , 2004 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
File Name: ih35/frontage-02-04-hdr; 64493
I2- 011- 03-//' n 03
Rev. 02/23/04
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Eight Hundred Thirty-six Thousand, Three Hundred Twenty-nine dollars ($ $36329.00 )
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.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Thomas E. Word, Jr., P.E.
Chief of Public Works Operations
2008 Enterprise
Round Rock, Texas 78664
Telephone Number (512) 218-5555
Fax Number (512) 218-5563
Email Address tomword(a,round-rock.tx.us
4
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
George E. Tillett, P.E.
Project Manager
2211 South IH 35, Suite 300
Austin, Texas 78741
Telephone Number (512) 912-5100
Fax Number (512) 912-5158
Email Address George.Tillett@hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
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 City Council Resolution. Engineer shall not proceed until the appropriate
Resolution has been adopted. 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 Council 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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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.
7
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
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
9
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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 activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
10
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
11
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
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
George E. Tillett, P.E.
Project Manager
HDR Engineering, Inc.
2211 South IH 35, Suite 300
Austin, Texas 78741
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same on its behalf by
Resolution No. egAlallj1123 approved by the City Council on the 11 day of the month
of Thait,Chi , 2004, and Engineer, signing by and through its duly authorized representative(s),
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provision • - ;. f.
CITY OF RO D ROCK.
By:
Ny1- yam 11, ayor
Christine Martinez, City Secretary
HDR ENGINEERING, INC.
By:
Sig ature of Principa
Printed Name: jig Stcs K. (Ka•,) 1-44 ?
14
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
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
The City will provide for the Engineer under this agreement the following items/information:
1) Schematic & PS&E development of IH -35 ramp reversal and Chandler Road turnaround bridge
a) Review and approve roadway design criteria.
b) Schedule, coordinate and conduct meeting of affected property owners.
c) Provide assistance with coordination with TxDOT.
d) Provide a digital aerial photo of the project area.
e) Provide a digital terrain model (DTM) for the project area.
f) Provide a list of utility providers with contact names and phone numbers for the project area.
g) Provide electronic drawings of the proposed developments within the project limits.
A-1
EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
The work to be performed under this contract shall consist of completing the following
items/information between Chandler Rd. and Westinghouse Rd. along the NB Frontage Rd. of IH 35:
1) Schematic Design will be developed from 1000 ft south of Chandler Road to 1000' north of
Westinghouse Road.
a) Develop Roadway Design Criteria and complete the Design Summary Report (DSR)
b) Attend Design Concept Conference
c) Schematic Document
i) The Schematic will be developed based on TIA developed in previous stage and input from
the CoRR.
d) The Engineer will not be required to provide any railroad exhibits and/or agreements.
e) The Engineer will calculate and show horizontal and vertical alignments for all ramps,
Turnarounds and frontage Roads; intersecting highways and minor cross streets. Roadway
geometry will be based on the criteria and requirements set forth in TxDOT Design Manual.
i) Design speed
(1) Ramps: 45 mph
(2) Main lanes 70 mph
(3) Frontage Roads: 45 mph
(4) Cross Streets consistent with long range plans for cross street facilities.
ii) The horizontal alignments will show bearings in the tangent sections and curve data
including delta angles, PI stations, tangent lengths, length of curve, and radii. The plan views
will show the centerline, edge of pavement, striping, lane widths, shoulder widths, cross
slopes, superelevations with transitions, direction of traffic flow, and layouts for all speed
change lanes.
iii) The vertical alignment will show existing and proposed elevations at 100 -foot intervals,
vertical curve VPI stations, curve lengths, superelevation rates and transitions, design speeds,
"K" values (evaluation modification required to bridge deck elevations to obtain minimum
"K" values),
iv) The Planning Document will be prepared in English units with the MicroStation J and
GEOPAK 2000.
f) The Engineer will show typical sections consistent with TIA and program documents completed
in previous stage.
g) The Engineer will prepare the Planning Document on roll not to exceed 10 feet in length. The
rolls will include plan and profile to a scale of 1 inch=100 feet horizontal and 1 inch=10 feet
vertical.
h) Engineer will determine the locations of Major guide signs and pavement markings in
compliance with Texas Manual for Uniform Traffic Control Devices (TMUTCD). Guide signs
will be included on the Planning Document.
i) The Engineer will determine in coordination with CoRR the limits of construction projects if
multiple projects would enable facilities that provide interim use.
j) The Engineer shall provide one Mylar copy and one paper copy of the plans.
B-1
i) Right of Way lines and Control of Access lines (if any)
(1) The existing apparent ROW limits and abutting parcel plats with legal description and
physical address
(2) Proposed revised ROW limits including measurements of taking.
ii) Geometric typical sections (including pavement cross slopes, lane and shoulder widths, and
slope rates for cuts and fills) for proposed main alignment roadways.
iii) Current and projected traffic volumes as developed by the TIA study and Information
provided by TxDOT will be shown on the plans (existing, 20 -year, and 30 -year traffic
projections, unless determined otherwise by the CoRR).
iv) Major Guide signs
v) Geometry of speed change (acceleration, deceleration, turning, etc.) lanes
vi) Existing Utility locations will be shown in plan emphasizing those, which are in conflict with
the proposed construction. The overall design developed should minimize the need for utility
adjustments. Proposed utilities will not be shown.
vii) Any encroachments into ROW, including all trees greater than 6" in caliper, signs, fences
and other physical objects
viii) Significant drainage structures (existing and proposed) as determined by Hydrologic and
Hydraulic report.
ix) Updated preliminary construction cost estimate based on the Planning Document design.
This estimate will not include projected preliminary ROW and utility relocation costs.
k) Schematics will be developed and submitted at the following milestones:
i) Prelimary Schematic, two copies, for review by CoRR.
ii) Draft Final Schematic, three copies each, for CoRR, TxDOT, and FHWA review.
iii) Final Planning Document, three copies each, CoRR, TxDOT, and FHWA.
2) Right -of -Way:
a) Identify areas where temporary construction/driveway easements or agreements may be required.
b) Engineer will supply Exhibits and driveway penetration agreements with adjacent property
owners if required.
c) Prepare parcel descriptions and layouts for the proposed ROW takings. It is estimated there will
be 5 or less takings for this projects. If additional parcels are needed they may be added by
supplemental agreement.
3) Utility Coordination:
a) Identify existing utility locations and place utility information on plans. Effort shall include
contacting Utility companies and mapping record drawing maps of facilities and conforming that
data with actual field data surveyed at the project site.
b) Coordination of utility adjustments with assistance from CoRR and TxDOT. Provide technical
assistance and meeting exhibits as needed.
c) Coordinate and attend utility coordination meetings according to TxDOT Project Development
Plan (PDP). Engineer to provide copies of plans and cross sections to the utility companies as
required by the (PDP).
d) Incorporate resolutions from utility coordination meetings into plans.
e) Coordinate with utility companies to determine areas of conflicts.
f) Provide an up-to-date table of utility owners on the project with contact names, addresses, and
phone numbers.
g) A SUE is not likely to be needed on this project, but if required may be added by supplemental
agreement.
4) Develop DTM for development of PS&E.
B-2
a) The format for the DTM shall be a Microstation 3-D file. The Engineer shall place and review
breaklines in the DTM.
b) The corridor limits for the DTM are defined as follows:
i) Beginning of project is 1000' North of Westinghouse Road.
ii) End of project is 1500' South of Chandler Road.
iii) Width shall be from the centerline of the roadway to the existing East ROW.
(1) Additional width from the centerline of the roadway to the existing West ROW from 800'
North of Chandler Road to 100' South of Chandler Road.
(2) Additional width at existing East driveways - 100' beyond ROW and 20' wider than
driveway width on both sides (total = driveway + 40')
c) All physical features located within the corridor shall be identified in the DTM. Attention is
called to, but not limited to, the following items:
i) Drainage
(1) Identify all storm sewer components such as inlets, manholes, etc.
(a) Provide the general direction of pipe runs in the system.
(2) Identify all cross drainage structures by size, length, type, and end treatment.
(3) Identify all ditches.
(4) Identify all driveway and intersection pipe by size, length, type, and end treatment.
(5) For cross drainage structures, provide additional survey sections (100' wide) along the
channel at the following locations:
(a) 100' Upstream of existing ROW
(b) Upstream existing ROW line
(c) Upstream end of structure
(d) Downstream end of structure
(e) Downstream existing ROW line
(f) 100' Downstream of existing ROW
ii) Bridges
(1) Identify all components such as begin and end bridge, approach slabs, columns,
abutments, begin and end bridge rail, begin and end MBGF, riprap, sidewalk and curb
and gutter, medians and bridge member preliminary sizing.
iii) Roadway
(1) Identify all components such as centerline, lane lines, edge of pavements, curb and gutter,
retaining walls, sidewalks and ADA ramps, riprap, CTB, MBGF, etc.
(2) Provide a table of driveway and intersections to include type (residential or commercial),
type of material (asphalt or concrete), radii, width, length, pipe (size, type, length, and
SET).
(3) Provide a table of benchmarks to include point name, type (iron rod, monument, etc.),
station, offset, x, y, and, z.
(4) Identify the existing ROW. Also identify abutting parcel property lines, plat information,
and owners name and address.
iv) Geotechnical
(1) Locate all soil borings for bridges and retaining walls once they are completed.
v) Miscellaneous
(1) Identify all existing large and small signs and object markers. Provide a table of existing
signs to include station, offset, size, sign wording, etc.
(2) Identify all existing striping including centerlines, lane lines, stop lines, words, arrows,
etc.
B-3
(3) Identify all components of existing signalized intersections such as poles, controller box
and pad, loops, conduit runs, ground boxes, etc.
(4) Identify all components of existing illumination such as poles, ground boxes, conduit
runs, etc.
(5) Identify all encroachments into the existing ROW such as all trees greater than 6" in
caliper, signs, fences, and other physical objects.
5) Roadway Design
a) Prepare Typical Section including supporting documentation for submittal. (Submittal will
include Location Map, Form 1002 & typical sections on 8 1/2" x 11" plan sheets) The typical
section shall also reflect proposed geometric including pavement cross slopes, lane and shoulder
widths.
b) Refine Horizontal and Vertical Alignment for the following
i) IH 35
ii) Northbound Frontage Roads
iii) Two Turnarounds
iv) Northbound exit ramp to Westinghouse
v) Northbound entrance ramp from Chandler Westinghouse
vi) Bypass frontage road under Chandler Road
vii) Chandler Road.
c) Develop roadway plan/profile sheets including quantities for the above listed locations.
d) Prepare Design Cross Sections and compute earthwork volumes.
e) Provide electronic files of original and design cross sections report, completed cross sections,
horizontal alignment, vertical alignment and haul plot data (table). Also provide one Mylar roll
plot of completed cross sections.
f) Establish criteria for construction phasing.
g) Prepare plans in English Units.
6) Drainage design
a) Gather information regarding existing drainage features, facilities and watersheds from previous
plans
b) Evaluate existing drainage conditions.
c) Develop Preliminary drainage area maps and discharge rates.
d) Prepare preliminary Hydraulics report.
e) Hydraulic computations.
i) Culverts
ii) Channels
iii) Storm sewers/inlets
f) Layout, design and detailing of drainage features.
i) Culverts
ii) Storm sewers
g) Summary of quantities.
h) Develop Storm Water Pollution Prevention Plan (SW3P) for each phase of construction
including narrative and SW3P controls including but not limited to temp. Sed. control fence,
construction exits, detention ponds, rock berms, etc.
i) Temporary storm drainage calculations and design. This work will include the use of any
hydrologic or hydraulics computer programs which may be required, such as Texas Hydraulic
System (THYSYS), Federal Highway Administration Hydraulic Engineering Circulars and other
TxDOT Hydraulic Section publications.
7) Signing, Markings And Signalization
B-4
a) Prepare Signing, Pavement Markings, and Object Marker plan sheets to a 1 "=100' horizontal
scale (same scale as plan and profile sheets).
b) Prepare Summaries for Small and Large Signs, Pavement Marking, and Object Markers.
Summaries shall be separate from the plan sheets and be broken down by TxDOT bid items and
sheet totals.
c) Provide signing, pavement markings, and object marker standards and special signing, pavement
marking, and object marker details as necessary.
d) Prepare Traffic signal plans sheets to 1"=100' horizontal scale (same as plan and profile sheets).
Prepare summary for traffic signal items. Summaries shall be separate from the plan sheets and
be broken down by TxDOT bid items and sheet totals. Provide traffic signal details and traffic
signal standards for Westinghouse Road and at Chandler rd and the Northbound Frontage road.
e) Prepare temporary traffic signal layouts consistent with TCP at Chandler Road.
f) Provide electronic files for development of ITS plans by TxDOT (if required). Coordinate and
incorporate plans, general notes, estimates, special specifications and provisions into 95% and
100% submittal
8) Miscellaneous (Roadway)
a) Develop miscellaneous roadway details.
b) Prepare Illumination plan sheets to a 1"=100' horizontal scale (same scale as plan and profile
sheets) for safety lighting at approximately 5 separate locations plus the possibility of lighting
under the proposed turnaround bridge. Prepare summary for illumination items. Summaries
shall be separate from the plan sheets and be broken down by TxDOT bid items and sheet totals.
Provide illumination details and illumination standards.
c) Prepare retaining wall layouts including summaries, details and standards.
d) Prepare temporary special shoring layouts including summaries.
e) Perform soil core hole drilling for retaining walls (see geotechnical investigations for details)
f) Develop driveway details & summaries.
g) Formulate and prepare traffic control plan, detours and sequence of work narrative. That
provides for the following minimum conditions:
i) Maintains 3 lanes of traffic on IH 35 at all times
ii) One lane of traffic on the Northbound frontage road.
iii) Coordination of utilities that are to be joint bid.
h) Calculate quantities and prepare summary sheets.
i) Prepare construction estimate using Estimator Software. The list of bid items will be included in
the estimate. Prepare construction time estimate (CPM schedule) with Primavera or other
scheduling software. Prepare special specifications for non-standard items, if required.
j) Prepare general notes, list of special provisions and list of standard details to be used.
k) Prepare list of right-of-way encroachments if needed.
1) Prepare plans for project milestones. All submittal listed below will go through CoRR with two
additional copies provided at each submittal. Two reproducible paper copies (11"x17")
schematics shall be submitted to the TxDOT for review. Two reproducible paper (11" x 17")
copies of the plans shall be submitted to the TxDOT Contract Management Office at the 30%
(including bridge and retaining layouts), and 60%, 90% and 95% design completion stages (not
including bridges). The Project Manager will attend Review meetings for these milestones and
make necessary revisions to the plans. After the Contract Management Office review of the 95%
plans, three reproducible paper copy (11" x 17") of the final plans, along with the supporting
PS&E documents will be submitted to the TxDOT Contract Management Office for further
processing at the District level. A review meeting should not be necessary, however, the
Engineer shall make minor plan revisions as requested by the District Office. Upon completion
B-5
of the District review of the plans, the Engineer shall furnish signed original Mylar (11" x 17")
drawings, which shall include all applicable standards. Electronic Microstation DGN files
including cross sections shall be submitted to TxDOT upon final approval of the PS&E.
m) The Engineer shall coordinate with TxDOT, local municipal agencies, utility companies and
Sub -consultants as needed.
9) Bridge Design
a) Prepare Preliminary and Final Bridge Layouts.
b) Prepare Bridge cost estimates based on quantities prepared by TxDOT
c) Develop structural details for the Turnaround bridges for PS&E.
d) Develop structural details for retaining wall design for the retaining wall under Chandler Road
bridge.
10) Geotechnical Investigations
Conduct foundation studies including soil core drilling for both bridge and retaining wall structures
to include the following:
a) Stake borings in the field utilizing tape and right angle measurements and perform utility
clearance and provide traffic control
b) In accordance with TxDOT Geotechnical guidelines, drill 8 borings along the proposed soilnail
retaining wall through the existing embankment soils to supplement the existing test boring
information and to develop information on the existing embankment material. Borings are to be
drilled as follows: 6 borings for proposed retaining walls to an average depth of 45 feet. 2
borings 60 feet deep at bridge abutments.
c) Develop a geotechnical report recommending type of retaining wall and geotechnical parameters
for wall design and bridge foundation design and recommendations.
d) Develop Pavement Design using "The Flexible Pavement Design Manual for "Flexible
Pavement" and the current AASHTO Guide for the Design of Pavement Structures, will be the
governing references for this design. (Development of this section shall be in consultation with
the District Pavement Engineer.)
i) Drill 20 borings for use in pavement design
ii) Flexible pavement designs will be analyzed utilizing the FPS program, while rigid
pavement designs will be analyzed utilizing the Darwin 3.01 program. All pavement design
will be based on subgrade information developed by the Engineer and traffic loading
conditions provided by TxDOT.
iii) Pavement designs will be produced for the main lane widening, frontage road and ramps.
iv) A pavement design report to TxDOT standards will be produced for the design.
11) Construction Phase Services are not part of this contract and will require a supplemental
agreement.
B-6
EXHIBIT C
Work Schedule
18
ID
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
0 1 Task Name 1 Duration 1 Predecessors
n City Council Meeting 1 day
a Notice to Proceed 1 day
Geotech Test Holes 75 days 2FS+5 days
0 Review Existing Information and 5 days 2
Prepare for Design Concept Meeting
ER Design Concept Meeting 1 day 4FS+5 days
Survey project and create DTM 45 days 2FS+5 days
Prepare Draft Schematic 25 days 6
Review Schematic with CoRR and 24 days 7
TxDOT
Complete Schematic for submission 5 days 8
for FHWA
0 Develop Hydrology and overall 15 days 7FS+10 days
Hydraulic Plan
Develop Project Geometry Base 10 days 9
18
19
20
21
22
23
24
Develop P & P Sheet 30% complete 15 days 11
Review Survey Information and
determine necessary updates
5 days 11
Request from Utilitity Companies 2 days 13FS-15 days
information in Project area
Develop Bridge & Retaining Wall 20 days 3FF,12FF,11
Layouts
Develop Traffic Control Concept 15 days 5FS+20 days
Determine ROW requirements 2 days 16
Compile, QA and Submit 30% 5 days 17,10,12
Submit 30% Drawings to TxDOT 1 day 18
TxDOT Review and Approval of 20 days 19
Bridge Layouts & Retaining Walls
Meet with Utility Companies and 1 day 20FS+5 days
review 30% Plans
Develop P & P Sheet 60% complete 22 days 20FS-10 days
Storm Drain Design 60% Complete 20 days 22
Traffic Control Plans 60% complete 20 days 22
k 15
Week 16
Week 17 I Week 18 I Week 19 I Week 20
Week 21 I Week 22
Task
Milestone
Progress Summary
ID I 0 I Task Name I Duration
1 a City Council Meeting 1 day
Notice to Proceed
Geotech Test Holes
1 day
75 days
Review Existing Information and 5 days
Prepare for Design Concept Meeting
5 Q Design Concept Meeting 1 day
6 Survey project and create DTM 45 days
7 Prepare Draft Schematic 25 days
...........
Review Schematic with CoRR and 24 days
TxDOT
......._.......
Complete Schematic for submission 5 days
for FHWA
10 Develop Hydrology and overall 15 days
Hydraulic Plan
11 Develop Project Geometry Base 10 days
12 Develop P & P Sheet 30% complete 15 days
13 Review Survey Information and 5 days
determine necessary updates
14
Request from Utilitity Companies 2 days
information in Project area
15 Develop Bridge & Retaining Wall 20 days
Layouts
16 Develop Traffic Control Concept 15 days
17
Determine ROW requirements 2 days
18 Compile, QA and Submit 30% 5 days
19 Submit 30% Drawings to TxDOT 1 day
20 TxDOT Review and Approval of 20 days
Bridge Layouts & Retaining Walls
21 Meet with Utility Companies and
review 30% Plans
1 day
22 Develop P & P Sheet 60% complete 22 days
23 Storm Drain Design 60% Complete 20 days
24 Traffic Control Plans 60% complete 20 days
Week 23 I Week
Task
Milestone
Progress Summary
Week 41 I Week 42 I Week 43 Week 44 Week 45 Week 46 1 Week 47
ID 10 1 Task Name 1 Duration
25 Develop Signing and Pavement
Markings 60% Comple
Week 23
Week :
15 days
26 Develop Intersection Layouts
27 Generate Cross Sections
10 days
10 days
28 Preliminary Structrual Design 60% 30 days
Complete
29 Compile,QA and Submit 60%
30 Submit to TxDOT
31 TxDOT 60% Review
....... _.. .
32 Coordination meeting with Utilities
33
34
35
36
37
38
39
40
41
42
3 days
1 day
11 days
1 day
Finalize Plan Sheets 15 days
Finalize Structural Detail Plan Sheets 15 days
Finalize Surface Drainage Design 15 days
Finalize TCP Sheets 15 days
Complete Cross Sections 5 days
Compile, QA and Sumbit 90% 3 days
Submit 90% to TxDOT Area Office 2 days
TxDOT Review Comments 11 days
Meet with Utility companies 1 day
Respond to TxDOT Comments 11 days
43 Compile 95% Report and Quantity 5 days
Summaries
44 0 Submit 95% Paper to TxDOT for
District Review
45 TxDOT Review of 95%
1 day
30 days
46 Respond to TxDOT 95%Comments 11 days
47 B Final Mylar Submittal 1 day
48 im' Project Letting 1 day
Task
Progress
177
Milestone
Summary
Week 41 [Week 42 1 Week 43 'Week 44 Week 45
Week 46 I Week 47
ID 0 Task Name
25 Develop Signing and Pavement
Markings 60% Comple
26 Develop Intersection Layouts
27
Duration
15 days
10 days
Generate Cross Sections 10 days
28 Preliminary Structrual Design 60% 30 days
Complete
29 Compile,QA and Submit 60% 3 days
30 Submit to TxDOT 1 day
31 TxDOT 60% Review 11 days
32 Coordination meeting with Utilities 1 day
33 Finalize Plan Sheets 15 days
Finalize Structural Detail Plan Sheets 15 days
35 Finalize Surface Drainage Design 15 days
36 Finalize TCP Sheets 15 days
37 Complete Cross Sections 5 days
38 Compile, QA and Sumbit 90% 3 days
39 Submit 90% to TxDOT Area Office 2 days
40 TxDOT Review Comments 11 days
41 Meet with Utility companies 1 day
42 Respond to TxDOT Comments 11 days
43 Compile 95% Report and Quantity 5 days
Summaries
as n Submit 95% Paper to TxDOT for 1 day
District Review
45 n. TxDOT Review of 95%
30 days
46 Respond to TxDOT 95%Comments 11 days
47 Q Final Mylar Submittal 1 day
48 3 Project Letting 1 day
Week 48 I Week
Week 66 I Week 67
Task l .:.:::::::: :: :. =! Milestone
Progress Summary
Week 68 Week 69 Week 70 1 Week 71 1 Week 72
EXHIBIT D
FEE SCHEDULE
Manhour Summary
1 Project Name: IH 35 NB Frontage Road
Task Summary:
Tasks
Hours for the Classifications
Project
Principal
PM / Senior
, Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
Total
Attend design Kick-off Meeting
4
12
12
0
0
8
2
38
Develop Horizontal
0
4
10
12
24
0
0
50
Develop Vertical alignments
2
4
12
20
12
12
0
62
Refine typical section - Ramp - FR - Bypass
0
4
0
8
0
12
0
24
Major Guide Sign locations
0
6
12
16
8
0
0
42
Schematic Plan Exhibit
0
2
0
6
32
8
2
50
Determine Retaining wall locations
0
2
4
4
0
4
0
14
Hydrology and Floodplain maps
2
2
4
6
0
8
0
22
Preliminary Hydraulic Design
2
2
4
16
0
0
2
26
Utility identification and conflict assessment
0
2
8
4
12
0
0
26
Update Prelim. Construction Cost Estimates
0
2
2
8
8
0
4
24
Design Coordination meetings
4
12
12
0
0
0
0
28
Preliminary bridge member sizing
4
28
28
24
0
0
0
84
TxDOT Coordination
4
8
8
0
0
0
0
20
Review and Progress Meetings
4
8
0
8
0
0
4
24
Total Hours and Sheets
26
98
116
132
96
52
14
534
D-1
Tasks
Hours for the Classifications
Project
Principal
PM / Senior
Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
Total
2) Right -of -Way and Utility Coordination
Identify temporary construction easements
0
2
0
4
0
2
0
8
Exhibits for driveway penetrations
0
2
0
0
6
0
0
8
Utility Coordination
Map existing utility information
0
8
4
12
24
8
0
56
Coordinate Utility adjustments
0
20
24
10
0
16
0
70
Attend utility coordination meetings
0
24
12
0
0
0
8
44
Develop plans and cross section for Util. Comp.
0
2
0
4
0
16
0
22
Incorporate resolutions into plans
0
8
8
12
0
24
0
52
5) Roadway Design
Prepare Typical Sections (Exist and Prop.)
0
8
0
30
16
34
0
88
Refine Horizontal Alignments
0
8
16
24
8
0
0
56
Refine Vertical Alignments
0
8
16
32
16
8
0
80
Develop Roadway P&P sheets
8
100
80
315
160
140
0
803
Prepare design cross sections and Earthwork calcs.
6) Drainage Design
0
12
8
42
24
0
0
86
Gather existing data
0
4
0
8
0
4
0
16
Evaluate existing drainage conditions
0
4
4
2
0
0
0
10
Develop Preliminary drainage area maps and discharge r
0
2
4
16
12
0
0
34
Prepare Hydraulics report
4
2
8
4
4
0
8
30
Hydraulic computations
Culverts
0
2
12
22
4
0
40
Channels
0
2
4
10
4
0
20
Storm sewers
0
2
6
14
4
0
26
Layout, design and detail of
Culverts
0
2
2
10
8
8
0
30
Storm sewers
0
2
2
10
8
8
0
30
Develop SW3P for each phase of construction
0
2
10
30
20
30
4
96
Develop Temporary drainage systems during const.
8) Miscellaneous Design
0
2
4
10
4
12
0
32
Develop Misc. Roadway Details
0
8
4
20
16
16
0
64
Prepare Retaining wall layouts and summaries
0
16
0
38
0
28
0
82
Develop driveway details and summaries
0
8
0
16
0
20
0
44
Prepare Traffic Control Plans Phase 1
0
16
16
32
50
30
0
144
Prepare Traffic Control Plans Phase 2
0
16
16
32
50
30
0
144
Develop Temporary Detour Routes
0
8
0
12
12
4
0
36
Develop Temporary Shoring layout
0
2
4
10
12
4
0
32
Develop TCP details
0
3
6
13
12
4
0
38
Develop Temporary and Permanent Traffic Signals
0
44
16
40
184
48
0
332
Calculate Quantities and prepare summary sheets
0
20
0
30
10
10
20
90
Prepare Construction estimate using Estimator.
0
0
0
12
0
0
0
12
Prepare const. Schedule using CPM method.
4
8
16
0
0
0
28
Prepare special spec. and special provisions
0
2
4
8
0
0
0
14
Prepare Gen. Notes
;
2
4
18
0
0
0
24
Prepare Plans at 30, 60, 90, 95 and 100% design
0
24
8
12
12
24
8
88
TxDOT Review and Coordination
4
24
24
0
0
0
0
52
Total Hours and Sheets
16
425
334
930
668
540
48
2961
D-2
Tasks
Hours for the Classifications
Total
Project
Principal
PM / Senior
Engineer
Design
Engineer
Engineer
in Training
Sr. Design
Technician
CADD
Technician
Steno /
Clerical
9) Bridge Design
36
96
0
24
0
0
72
228
Prepare Preliminary and Final Bridge Layouts
4
16
12
24
40
0
0
96
Prepare Bridge Cost Estimate& Quantities
0
0
8
24
8
0
0
40
Abutment Design & Details
0
12
0
32
28
0
0
72
Interior Bent Design & Details
0
18
0
32
28
0
0
78
Superstructure Design & Details
0
48
44
32
176
0
0
300
Framing Plan
0
12
12
0
24
0
0
48
Miscellaneous bridge details
4
16
16
8
24
0
0
68
Bridge Standards
0
2
0
0
8
0
0
10
10) Rataining Wall Design
Develop structural details for Soil nail wall
8
32
48
32
60
40
0
220
Total Hours
16
156
140
184
396
40
0
932
Summary of Hours:
D-3
Hours for the Classifications
Project
PM / Senior
Design
Engineer
Sr. Design
CADD
Steno /
Project Administration
36
96
0
24
0
0
72
228
Schematic Design
26
98
116
132
96
52
14
534
Plans Specs and Estimate
16
425
334
930
668
540
48
2961
Chandler Road Turnaround Bridge and
Retaining Walls
16
156
140
184
396
40
0
932
Total Hours
94
775
590
1270
1160
632
134
4655
D-3
Fee Summary
Cost Component, Hours Schematic PS&E Bridge Project Total
Admin. Hours
Project Principal 26 16 16 36 94
Project Manager/Senior Engineer. 98 425 156 96 775
Design Engineer 116 334 140 0 590
Engineer -in -Training 132 930 184 24 1270
Sr. Design Technician 96 668 396 0 1160
CADD Technician 52 540 40 0 632
Clerical/Steno 14 48 0 72 134
Total Hours 534 2961 932 228 4655
Cost Component, Dollars Rate
Project Principal $236 $6,130 $3,772 $3,772 $8,488 $22,163
Project Manager/Senior Engineer. $151 $14,800 $64,183 $23,559 $14,498 $117,039
Design Engineer $117 $13,585 $39,117 $16,396
$0 $69,098
Engineer -in -Training $86 $11,391 $80,255 $15,878 $2,071 $109,596
Sr. Design Technician $99 $9,468 $65,881 $39,055 $0 $114,404
CADD Technician $77 $4,007 $41,607 $3,082
$0 $48,696
Clerical/Steno $55 $777 $2,663 $0 $3,994 $7,434
Labor Dollars $60,158 $297,478 $101,743 $29,051 $488,429
TOTAL EXPENSES W/ 10% markup
Survey
Geotech
Environmental Document (EA/FONSI)
Signing,Striping, Illumination
$75,075
$62,500
$103,590
$45,000
$61,735
ITOTAL LUMP SUM FEE $836,329
Survey
Geotech
Signing,Striping, Illumination
Direct Labor
Indirect Costs
Direct Costs
Profit @12%
D-4
$62,500
$103,590
$61,735
$158,478
$277,620
$75,075
$52,332
EXHIBIT E
Certificates of Insurance
20