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R-07-01-11-13D1 - 1/11/2007RESOLUTION NO. R -07-01-11-13D1 WHEREAS, the City of Round Rock desires to retain engineering services for the Citywide Stormwater System Mapping Project, and WHEREAS, URS Corporation has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with URS Corporation, 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 URS Corporation for the Citywide Stormwater System Mapping Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this llth day of January, ' 07 NY EL , ayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre 0:\wdox\RESOLUTI\R70111D1.WPD/rmc ROUND ROCK, TEXAS PURPOSE. PASSEQN. PROSPkk1TY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION ADDRESS: 9400 Amberglen Blvd., Austin, TX 78729 ("Engineer") PROJECT: CITYWIDE STORMWATER SYSTEM MAPPING PROJECT THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2007 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: urscorp-citywidessm; 00109020 1 EXHIBIT 5 II A II Rev. 01/07 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 perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as 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 One Hundred Forty-nine Thousand Nine Hundred Thirty-eight and 16/100 Dollars ($149,938.16) 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: Ruth Haberman, P.E., CFM Engineer 2008 Enterprise Round Rock, Texas 78664 Telephone Number (512) 218-6605 Fax Number (512) 218-5563 Email Address rhaberman@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: Michael Lenherr Project Manager 9400 Amberglen Blvd. Austin, TX 78729 Telephone Number (512) 419-6038 Fax Number (512) 454-8807 Email Address Mike Lenherr@URSCorp.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 the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 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, EOUIPMENT 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 reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East 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: Michael Lenherr Project Manager URS Corporation 9400 Amberglen Blvd. Austin, TX 78729 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 duly authorized City Manager or Mayor 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, TEXAS APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Christine Martinez, City Secretary URS CORPORATION By: Signature of Principal Printed Name: 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 1.0 INTRODUCTION 1.1 Exhibit A City Services Exhibit A — Services to be Performed by City describes the tasks to be performed by the City of Round Rock to enable URS and its subcontractor to execute the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features". 2.0 DATA ACCESS 2.1 The City of Round Rock will provide to URS and its subcontractor all record construction plans that the City has scanned and documented in a database and placed into the City's electronic document management system. The data will be provided electronically on a portable hard drive to be supplied by URS. 2.2 The City will also provide to URS and its subcontractor the City's GIS data, which contains current aerial photography, contours, streams and reservoirs, parcels, subdivisions, and planimetric information (streets, sidewalks, buildings, etc.), current as of May 2003. New aerial photography and planimetrics are currently being prepared and the City will provide those data when they become available. 2.3 The City will provide to URS access to City personnel that have detailed knowledge of the City's stormwater system for the purpose of interviews to help URS identify areas within the City's service area that have stormwater features, but no as -built record drawings. 2.4 As the project progresses, other data requirements may arise, and the City will assist URS in obtaining those data. 3.0 DATA REVIEW 3.1 The City of Round Rock will need to provide data review of project deliverables for the duration of this project. URS and the City will develop data review criteria and procedures that will be incorporated into URS' Project Management Plan. These procedures will need to be strictly followed by the City and URS to ensure the project progresses on schedule. 4.0 PROPERTY ACCESS 4.1 The City will provide access to URS and its subcontractor to enter City -owned property and easements to perform verification inspections of stormwater features. 1 4.2 Although the project consists of mapping stormwater infrastructure on public property, the need to enter private property to inspect or survey stormwater features may arise. The City will assist URS and its subcontractor in gaining access to private property to perform surveying and inspection of stormwater features. URS will not prepare or negotiate rights -of -entry. 2 1.0 INTRODUCTION 1.1 Exhibit B Engineering Services URS Corporation (URS) has been selected by the City of Round Rock, Texas to provide Professional Services required for the data acquisition and database development for the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features" URS shall provide all necessary equipment, materials, and personnel to perform the services described below. 1.2. Ultimate Stormwater Program Goals: Although this project covers only mapping of the stormwater system, it is the City of Round Rock's goal to create a drainage model of the City's service area, using the mapping product that is created with this project. This model will be utilized to analyze and evaluate the performance of the overall drainage system, and to identify issues contributing to existing problems. From this analysis, a Master Drainage Plan could be prepared. The purpose of this plan will be to assist in the development and implementation of the National Environmental Protection Agency (EPA) and the Texas Pollution Discharge Elimination System (TPDES) mandated Stormwater Management Program (SWMP). The Master Drainage Plan will also identify, estimate the cost of, and prioritize possible Capital Improvement Projects that can be implemented to alleviate existing drainage problems, mitigate potential flood hazards, minimize future erosion, and at the same time, address water quality issues. 1.3. Existing Conditions: The City of Round Rock has an extensive stormwater collection system, consisting primarily of underground sewers. Some stormwater is also conveyed via surface channels. The age of the network varies from the date of original construction to present day. To accommodate new development and increase in impervious cover in existing areas, many lines have been added to the original system over the years. Some flooding occurs during significant rain events, indicating that storm sewer flow is restricted by damaged lines or exceeds pipe capacities in some areas. 1.4. There are four major drainage basins within the City limits: Chandler Creek Basin, Onion Creek Basin, Brushy Creek Basin, and Lake Creek Basin. The McNutt Creek Basin lies on the outskirts of the City, but is in an area of rapid growth. There are a number of minor drainage basins within and just outside of the City limits. 1.5. Existing Data: The City of Round Rock currently has no stormwater system mapping, neither hard copy nor GIS. Record construction plans are available for most construction within the City limits that has occurred since the 1970's. There 1 is little or no record of construction that occurred prior to that period. According to the City, all record drawings that are in the possession of the City have been scanned and are documented with an extensive database. The City does have a GIS, which contains current aerial photography, contours, streams and reservoirs, parcels, subdivisions, and planimetric information (streets, sidewalks, buildings, etc.), current as of May 2003. New aerial photography and planimetrics are currently being prepared and will be made available to URS as soon as they are complete. Water and wastewater utility mapping is available, but is currently being updated. A three-year project to correct the existing water and wastewater utility mapping is underway. 1.6. The City's service area (City Limits) is mostly urban and covers approximately 30 square miles in Williamson and Travis Counties. The majority of the City's service area is served by some type of stormwater system component. See Table 1 below for the zoning configuration of the City. Table 2 shows the distribution of the major drainage basins within the City Limits. TABLE 1 City of Round Rock Zoning Breakdown (Approximate) Zone Area Commercial 3.5 Sq.Mi. Industrial 2.7 Sq.Mi. Residential 12.3 Sq.Mi. PUD's 4.3 Sq.Mi. Open Space 1.1 Sq.Mi. Not Zoned 5.2 Sq.Mi. Total City Limits 29.1 Sq.Mi. TABLE 2 City of Round Rock Major Drainage Basin Breakdown (Approximate) Basin Area Onion Creek 4.8 Sq.Mi. Brushy Creek 10.6 Sq.Mi. Chandler Creek 8.2 Sq.Mi. Lake Creek 5.2 Sq.Mi. Total Drainage Basin Areas 28.8 Sq.Mi. 2 2.0 PROJECT GOALS 2.1. Phase I — Stormwater System Mapping and Development of a GIS Database: URS shall review existing plans on file with the City to create a graphical representation of the City's entire stormwater system, and generate a GIS map based on this information. Identify the horizontal (X & Y) location of features such as underground storm sewer lines, manholes, inlets, outfalls, surface channels, culverts and major detention ponds through the use of record drawings, aerial photography, staff input, and field visits as necessary. The final product shall also include all drainage -related easements throughout the City, and drainage areas for each outfall using existing topographic mapping. Deliverable shall be a GIS database, populated with information that can be readily gathered from construction plans, including but not limited to pipe sizes, grades and materials, inlet sizes, types and inlet depths, manhole sizes and depths, outfall types, channel configurations. The database will also include fields that will not be populated until Phase II. All graphics generated with this phase should be developed in a manner consistent with future uses as described in Section 1.2. The GIS database will be developed in a manner that can be expanded for future uses. 2.2. Phase II — Physical Inspection, Survey and Map Adjustment: URS' surveying subcontractor, Baker-Aicklen, shall verify and pinpoint the horizontal and vertical location (X, Y & Z) of all features mapped in Phase I through the use of survey - grade GPS to confirm and enhance the mapping generated from Phase I. This will include a physical inspection of the stormwater system to gather pertinent information and to obtain and/or verify required elevations of manholes, inlets, culverts, channels, and lines to support modeling of the system. Phase II will not be part of this contract, but continual planning and consideration of Phase II needs will be performed during Phase I to ensure that Phase I activities are executed in a manner that will aid in the accurate and efficient execution of Phase II. 3 3.0 SCOPE OF WORK In order to perform the work and track progress and budget, the project activities have been organized into the following tasks. Key assumptions used to clarify scope and estimate design costs are also presented in each task discussion. URS shall provide, but not be limited to, the following: PHASE I — Stormwater System Mapping and Development of a GIS Database 3.1. Task 1— Data Review: 3.1.1. Phase I of the project will involve the compilation and evaluation of available data associated with the storm sewer collection system. To begin this task, URS will gather and review all available plans, plats, easements, records, and reports associated with the stormwater system and identify/interview personnel with knowledge of various aspects of the system. Aspects to be researched and considered in this review shall include, but not be limited to, system structure, development (recent construction and repairs), performance history (flooding, surcharging, etc.), maintenance history, and regulation requirements (TPDES permit and associated activities). Information collected will be reviewed and used to proceed with further tasks included in Phase I of this project, and to identify and scope additional tasks required to gather any remaining information necessary for the performance of future phases. 3.1.2. The total time to complete Task 1 of the project should be approximately three (3) months. 3.2. Task 2 — Geodatabase Development: 3.2.1. URS shall develop an ESRI Personal Geodatabase to store and manage storm sewer system data. All feature classes; attribute tables and relationship clauses shall be represented in the database, even though this phase of the project will not populate every field. Some of the fields will be populated during the implementation of this phase by hand -entering physical data available from existing drawings and records. The remainder of the information will be added during Phase II of this project, using information gathered in the field using GPS and during physical inspection of the system. Standards for GIS and database software are listed under "Technical Specifications." 3.2.2. Along with the location of stormwater system features, several key attributes, including, but not limited to, the items listed below, shall be included in the database and populated either during the implementation of Phase I or Phase II of this project. 4 3.2.2.1. Storm Sewer Line Segment attributes to be provided by URS: Type Size Design Length Design Slope Flow Direction Condition ID Number Plan Number Grid Number 3.2.2.2. Storm Sewer Manhole attributes to be provided by URS: Type Size Rim Size Depth (for use prior to gathering vertical data) Rim Elevation Invert Elevations Condition ID Number Plan Number Grid Number 3.2.2.3. Storm Sewer Inlet attributes to be provided by URS: Type Size Rim Size Depth (for use prior to gathering vertical data) Grate Elevation Invert Elevations Condition ID Number Plan Number Grid Number 3.2.2.4. Culvert attributes to be provided by URS: Type Size Design Length Design Slope Flowline Elevations Condition ID Number Plan Number Grid Number 3.2.2.5. Channel Segment attributes to be provided by URS: Type Size 7Design Length Design Slope Flowline Elevations Condition ID Number Plan Number Grid Number 3.2.2.6. Outfall attributes to be provided by URS: Receiving Stream End Treatment Type Flowline Elevation Condition Dry Weather Flow Monitor ID Number 7Plan Number Grid Number Photo 3.2.2.7. Major Detention/Retention Pond attributes to be provided by URS: Design Volume Top of Berm/Wall Elevation Berm/Wall Width Spillway Elevation Spillway Width Outlet Type Outlet Size Outlet Length Outlet Slope Outlet Flowline Elevations Condition ID Number Plan Number Grid Number Photo(s) 3.2.2.8. City -Owned Water Quality Pond attributes to be provided by URS: Design TSS Load Reduction Design Sedimentation Volume Design Filtration Area Top of Beau/Wall Elevation Overflow Spillway Elevation Overflow Spillway Width Condition ID Number Plan Number Grid Number Photo(s) 3.2.2.9. Drainage Basin attributes to be provided by URS: Area Receiving Stream ID Number 3.2.2.10. Easement attributes to be provided by URS: Easement Type Grantor Grantee Volume/Page or Drawer Number as applicable 3.2.3. Task 3.2 should run concurrently with Task 3.1. 3.3. Task 3 — Comprehensive Stormwater System Map Development: 3.3.1. This phase of the project shall use as -built drawing information gathered during Task 1. The as -built drawings will be georeferenced and then the stormwater data digitized into the geodatabase. The City's existing GIS (aerial photography, contours, planimetric information, etc.) will also be used aid in producing an accurate map of the entire stormwater system within the City's service area. Field verification will be required to ensure that all features are represented on the final product for Phase I, but survey level accuracy will not be required until Phase II. URS will also conduct interviews with City personnel to identify areas where stormwater features exist, but no as -built data exists. Those features will be incorporated into the system map by using the City's aerial imagery, other data sources that 7 might be available, or by site visits. It is estimated that 80 hours of field verification time will be required to verify questionable or incomplete features. 3.3.2. URS will implement a web -enabled project and data management tool (eProjects and ArcIMS websites) so that the City will be able to monitor project status and data in real time. The City will be able to interactively view and query the Comprehensive Stormwater System Map through the ease of a web -browser medium to ensure that the final product is complete and accurate. 3.3.3. The total time to complete Task 3 of the project should be approximately six (6) months. 3.4. Pilot Test 3.4.1. During Phase I, Task 3, URS and its surveying subcontractor, Baker- Aicklen, will conduct a pilot test of the Phase II GPS data collection procedures for a selected portion of the stormwater system. The purpose of the pilot test is to confirm compatibility of Phase I data creation and procedures with Phase II data requirements to ensure that Phase II will be executed accurately and efficiently. 3.5. QA/QC, Data Review, and Acceptance Criteria 3.5.1. During the Map and Metadata Development effort, URS will perform a quality assurance and quality control (QA/QC) assessment of the layers and metadata to ensure completeness and accuracy of the stormwater features and metadata. URS will develop detailed QA/QC procedures that will be incorporated into URS' Project Management Plan and approved by the City of Round Rock. 3.5.2 URS will work with the City to develop detailed review and acceptance criteria for project deliverables that will be incorporated into URS' Project Management Plan. The criteria will include, but not be limited to the following: • 100% network connectivity of the stormwater system if this can be determined by the existing as -built drawings, personnel interviews, or field verification • 98% correct attribution when compared to as -built drawing data 8 4.0 TECHNICAL SPECIFICATIONS 4.1 URS will use ESRI's ArcGIS and ArcSDE for SQL Server version 9.2. 4.2 The database URS develops for this project shall be created as an ArcGIS 9.x personal geodatabase utilizing a Microsoft Access Database. 4.3 The final GIS datasets shall be in NAD 83, referenced to the State Plane Grid Coordinate System, Texas —Central, in U.S Survey feet. GPS elevations shall be reported as orthometric height, currently Geoid 03. The GIS dataset shall adhere to the spatial domain, attributes, and precision of the existing City of Round Rock Enterprise Geodatabase. 5.0 DELIVERABLES 5.1 GIS Database 5.1.1 URS will provide an ArcGIS geodatabase containing one (1) Feature Dataset containing Feature Classes as described in 3.2.2, representing, but not limited to: Storm Sewer Lines, Manholes, Inlets, Culverts, Channels, Outfalls, Major Detention/Retention Ponds, City -Owned Water Quality Ponds, Drainage Basins and Easements in the City's Service area. The geodatabase will be delivered on Compact Disk or DVD. 5.2 Metadata 5.2.1 URS will prepare appropriate metadata describing the data collected during Phase I and Phase II of the project. The metadata shall be created using the tools available in ArcGIS 9.x or later ArcCatalog for collecting and editing metadata. 5.3 GPS Collection Data Dictionary 5.3.1 URS will provide the City with a GPS data dictionary and documented data collection guidelines for future update and maintenance by City staff. 5.4 Project Report 5.4.1 URS will prepare a final project report, documenting data collection and mapping procedures originally presented in the Project Management Plan and refined during data collection, including lessons learned, recommendations and cost estimates for future stormwater infrastructure data acquisitions, and QA/QC reporting. 9 I.1 1.0 INTRODUCTION 1.1 Exhibit D Fee Schedule This cost proposal is being prepared in response to URS being selected to enter into contract negotiations with the City of Round Rock to provide Professional Services required for the data acquisition and database development for the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features" Phase I Fee Schedule: Project Management $27,220.90 Task 1- Data Review $4,785.90 Task 2 - Geodatabase Development $3,756.69 Task 3 - Stormwater System Map Development $114,174.67 Phase I Total $149,938.16 Assumptions and backup cost data are presented on the following pages. 1 2.0 ASSUMPTIONS 2.1 The City of Round Rock currently has no stormwater system mapping, neither hard copy nor GIS, and has no inventory or estimate of the number of stormwater features within the existing stormwater system. In order to provide a Firm Fixed Price cost estimate, URS had to develop a best estimate of the quantity of stormwater features within the city limits of Round Rock. The cost estimate attached is based on those estimated quantities presented below. If actual quantities exceed the estimated quantities, a contract modification will be required. 2.2 Further definition and refinement of data to be collected will be required prior to commencing work. If significant changes are made to the scope of work presented in Exhibit B, a contract modification will be required. Stormwater Feature Estimates Storm Sewer Line Segments City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 100 350 Industrial 2.7 100 270 Residential 12.3 330 4059 PUDs 4.3 133 572 Open Space 1.1 Not Zoned 5.2 133 692 Total: 5943 Assumptions: 1) Number of Zine segments approximates number of inlets and manholes. Inlets City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 75 263 Industrial 2.7 75 203 Residential 12.3 250 3075 PUDs 4.3 100 430 Open Space 1.1 - Not Zoned 5.2 100 520 Total: 4490 2 Stormwater Feature Estimates (Continued) Manholes City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 25 88 Industrial 2.7 25 68 Residential 12.3 80 984 PUDs 4.3 33 142 Open Space 1.1 Not Zoned 5.2 33 172 Total: 1453 Assumptions: 1) There are 1/3 as many manholes as inlets based on previous project work. Culverts Total: Estimated No. of Features 1000 Assumptions: 1) Culvert estimate based on number of creek crossings with roadways. Channel Segments Total: Estimated No. of Features 600 Outfalls City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 25 88 Industrial 2.7 25 68 Residential 12.3 30 369 PUDs 4.3 25 108 Open Space 1.1 Not Zoned 5.2 25 130 Total: 762 3 Stormwater Feature Estimates (Continued) Major Detention/Retention Ponds Estimated No. of Features Total: 130 Assumptions: 1) Based on number of developments within the City times 1.5. City -Owned Water Quality Ponds Estimated No. of Features Total: 40 Assumptions: 1) Estimate. Requested by City to locate all water quality ponds in City Limits regardless of ownership. Drainage Basins Estimated No. of Features Total: 762 Assumptions: 1) Number of drainage basins equals number of outfalls. A drainage basin will be generated for each outfall located. Easements Estimated No. of Features Total: 200 Assumptions: 1) Only drainage easements shown on as -built drawings provided by the City will be located. Total Estimated No. of Features: 15379 4 Schedule (URS and Baker•Aicklen) g, Development of a GIS Database and GPS Collection of Stormwater Syster • 2,1 • 8. / 8. Meeting with CORR E V) a) E O N a a � m ai mD ' LC)m (7 0) of N (9 ai m ai fR N ai n CO. V' 4i $0.00 ,n nn N O g CO f9 O o �. EF; . O m co r N d' 69 N9 M .S CO. 5, K m CO H $241.08 $482.16' $786.48 $663.96 $2.173.88 $0.00 60.00 DI Cai) CO CO 69 $873.341 61 774 30 $2,647,64 $3,311.56 10 17 Vett 7 O m< N m N V �' •C' M art t js rt l z 5,.,. p 1R` rwF'r r ,c r £ s.�r F ,- r'...`'^'' ✓r,' `' s f si + int i t :f t: t s% Wr t i :* x s r+ a mss` ,n .o�..#o!i„ _x„mui ..Mtv, kaaYF�'s .a2 w „ .. ti r Y ev?NV,t *s Ii - Project Setup Project Setup 1 4 E` �=Lti o m R"", 16 40 i+„ «g ffi a 3%« [2^ a c 0 a m m e4•"^,%ai'iy' O CO a? m m cn- N N ,- N {�a 0 client Kickoff Meeting Meeting Attendance CORR and URS On-going Project Management (18 Months) Client Invoicing, Meetings, and Reporting Budget and Schedule Management PROJECT MANAGEMENT TOTAL , . ?, E. a a ' -1E77, airgIONWOMMIRMIlin Task 1 - Data Review Review Etormwater Retention/Detention Plans for Field Collection Task 1 Summary Task 2 - Geodatabase Review Geodatabase review with URS 1 CORR I ask 2 Summ:ary. Task 3 - Stormwater System Map Development Review and Load Geodatabase Features Review Stormwater Inventory Maps I20 T0sk 3 22unlmary 21 IPHASEI TOTAL N M V to m n m ai 0 N M V (O m n m ai Exhibit E Certificates of Insurance ACORD,, CERTIFICATE OF LIABILITY INSURANCE°AE Page 1 0g 2 12/29//2006 TYPE OF INSURANCE PRODUCER 877-945-7378 Willie North America, Inc. 26 Century Blvd, P. O. Hos 305191 Nashville, TN 372305191 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND QR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ INSURERS AFFORDING COVERAGE NAIL,/ INSURED tJRS Corporation 600 Montgomery Street, 25th Floor Bari Franeioeo, CA 94111 1 INSURER A: National Union Fire In* Co of Pittsburgh 19445-100 INSURER s: Lexington Insurance Company 19437-000 INSURER C: American Internstiorus1 South Iosurantes Co 40259-001 INSURERD_Insurance Company of the State of PA 19429-100 INSURER E:L1oyd'a of London/A.F. Beazley syndicate 15792-200 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI -116 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRIADD'L LTR - RQ TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE _DAIPAAWnh>70Q POUCY EXPIRATION DATElMM/ADNYI LIII(fr$ A GENERALLIABIIJTY GL177-.4668 4/1/2006 -•• - 5/1/2007 -- EACH��000UURRENCE S 1, 000, 000 5 1, 0 0 0 , 0 0 0 R COMMERCIAL GENERAL LIABILITY PREMISES lEi of RENTED ce - MUMS MADE X Ut:CUR - - — -- PTAan('person) -- "11RE0EX"y ^9 1-0 —0130-- X xcv, BFPO PERSONAL&ADVINJURY $ 1,000, 000 $ 000 X Contractual Liability AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE GEN'L —1 _ PRODUCTS .COMP/OPAGG -21000, 9 2,000,000 POLICY I X IJPECT El IOC A A A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS CA826-2357 CAB26-2360 CA$26-2361 4/1/2006 4/1/2006 4/1/2006 5/1/2007 5/1/2007 5/1/2007 COMBINED SINGLE UNIT (Eafl°U°e"h $ 2.000,000 X BODILY INJURY (Per person} $ — BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Perste:wont) 5 GARAGE LIABILITY H ANY AUTO AUTO ONLY- EA ACCIDENT 5 OTHER THAN FA ACC $ AUTO ONLY: AGG 9 B EXCESS LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION 5 7022029 4/1/2006 5/1/2007 EACHOCCURRENCE 5 1,000,000 3,_ti AGGREGATE 5 1, 000,000 s s >6 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC7181903 1/1/2007 1/1/2008 X 4010kCEA- C . ANY P PRarMetrRIIETOFVP� CUTIVE Nyvs,d�scribeunder SPECIAL PROVISIONS below WC7181935 WC7181937 WC7181904/WC7181936 1/1_/2_007 1/1/2007 1/1/2007 1/1/2008 E.L.EACH ActIDENT 5 1, 000,Q00 _ D D 1/1/2008 1/1/2008 E.L. DISEASE -F.AEMPLOYEE 5 1,116 0, 000 - EL, DISEASE, POLICY LIMIT S 1,000,000 B E OTHER Prof eaaional Liability w/Limited Contractual - C1e.im. made Poliov 1155961 E&O MLP0005 4/1/2006 4/1/2006 5/1/2007 5/1/2007 $1,000,000. Each Claim 91,000,000. Aggrageta DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Citywide Stormwater System Mapping Project . City of Round Rock in additional insured where required by written contract. CANCELLATION City of sound Reck ATTN: City Manager ACORD25(2001/OS)Round Rook, TX7 8 664 Co11:1843574 Tp1:583371 Cert!:83 8557•RI2EDREPRS ,Am�fe� 22 M in n® ACORD ORPORATION 1888 l Z. Street SHOULD ANY OF THE AISQVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION PATE THEREOF, THE OWING INSURER WILL S NAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFIZICILyJOQ INCZ'}IOLIO6IIFi .L V I/ V J/ c V V I II . I fl % J I G G 1 0 I V O I LnuriL VVG/ VV4 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of thls form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Co11:1843574 Tp1:5e3371 Cart:8398557 DATE: January 4, 2007 SUBJECT: City Council Meeting - January 11, 2007 ITEM: 13.D.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with URS Corporation for the Citywide Stormwater System Mapping Project. Department: Engineering and Development Services Staff Person: Danny Halden, P.E., City Engineer Justification: Mapping of our stormwater system will enable the City to track the location and number of storm drain inlets, linear feet of storm sewer lines, number of detention and water quality ponds, number of outfalls, miles of grass -lined and concrete -lined channels, etc. In addition, because of the upcoming Municipal Separate Storm Sewer System (MS4) Phase II permit, the City will be required to track program components such as the number of drain inlets cleaned, miles of streets swept, feet of open channels cleaned, and the number of outfalls and ponds maintained. This data will be submitted to the Texas Commission on Environmental Quality (TCEQ) annually. A map of the stormwater system will better enable the City to track and manage these commitments. Funding: Cost: $149,938.16 Source of funds: General Operating Fund Outside Resources: URS Corporation Background Information: Besides the immediate uses for the stormwater system map mentioned above, it is also the first step to creating a drainage model of the City's service area. A hydraulic model can be utilized to analyze and evaluate the performance of the overall drainage system, and to identify issues contributing to existing problems. From this analysis, a Master Drainage Plan can be prepared. The purpose of this plan would be to identify, estimate the cost of, and prioritize possible Capital Improvement Projects that can be implemented to alleviate existing drainage problems, mitigate potential flood hazards, minimize future erosion, and at the same time, address water quality issues. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS "-ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: URS CORPORATION, a Nevada corporation ("Engineer") ADDRESS: 9400 Amberglen Blvd., Austin, TX 78729 PROJECT: CITYWIDE STORMWATER SYSTEM MAPPING PROJECT THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the r 1 day of SA iu A 2'j , 2007 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 01/07 File Name: urscorp-citywidessm; 00109020 00064494 /2-07 -01-11- 13b1 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 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 One Hundred Forty-nine Thousand Nine Hundred Thirty-eight and 16/100 Dollars ($149,938.16) 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: Ruth Haberman, P.E., CFM Engineer 2008 Enterprise Round Rock, Texas 78664 Telephone Number (512) 218-6605 Fax Number (512) 218-5563 Email Address rhaberman@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: Michael Lenherr Project Manager 9400 Amberglen Blvd. Austin, TX 78729 Telephone Number (512) 419-6038 Fax Number (512) 454-8807 Email Address Mike_Lenherr@URSCorp.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 the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 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 reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East 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: Michael Lenherr Project Manager URS Corporation 9400 Amberglen Blvd. Austin, TX 78729 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 duly authorized City Manager or Mayor 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 By: ayor Christine Martinez, City Secretary URS CORPORATION By: A( /It Signature of Principal Printed Name: Michael H. McCloskey 14 APP' I VED AS TO ORM: al L 4vo Step': L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A City Services 1.0 INTRODUCTION 1.1 Exhibit A City Services Exhibit A — Services to be Performed by City describes the tasks to be performed by the City of Round Rock to enable URS and its subcontractor to execute the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features' 2.0 DATA ACCESS 2.1 The City of Round Rock will provide to URS and its subcontractor all record construction plans that the City has scanned and documented in a database and placed into the City's electronic document management system. The data will be provided electronically on a portable hard drive to be supplied by URS. 2.2 The City will also provide to URS and its subcontractor the City's GIS data, which contains current aerial photography, contours, streams and reservoirs, parcels, subdivisions, and planimetric information (streets, sidewalks, buildings, etc.), current as of May 2003. New aerial photography and planimetrics are currently being prepared and the City will provide those data when they become available. 2.3 The City will provide to URS access to City personnel that have detailed knowledge of the City's stormwater system for the purpose of interviews to help URS identify areas within the City's service area that have stormwater features, but no as -built record drawings. 2.4 As the project progresses, other data requirements may arise, and the City will assist URS in obtaining those data. 3.0 DATA REVIEW 3.1 The City of Round Rock will need to provide data review of project deliverables for the duration of this project. URS and the City will develop data review criteria and procedures that will be incorporated into URS' Project Management Plan. These procedures will need to be strictly followed by the City and URS to ensure the project progresses on schedule. 4.0 PROPERTY ACCESS 4.1 The City will provide access to URS and its subcontractor to enter City -owned property and easements to perform verification inspections of stormwater features. 4.2 Although the project consists of mapping stormwater infrastructure on public property, the need to enter private property to inspect or survey stormwater features may arise. The City will assist URS and its subcontractor in gaining access to private property to perform surveying and inspection of stormwater features. URS will not prepare or negotiate rights -of -entry. 2 EXHIBIT B Engineering Services 1.0 INTRODUCTION 1.1 Exhibit B Engineering Services URS Corporation (URS) has been selected by the City of Round Rock, Texas to provide Professional Services required for the data acquisition and database development for the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features". URS shall provide all necessary equipment, materials, and personnel to perform the services described below. 1.2. Ultimate Stormwater Program Goals: Although this project covers only mapping of the stormwater system, it is the City of Round Rock's goal to create a drainage model of the City's service area, using the mapping product that is created with this project. This model will be utilized to analyze and evaluate the performance of the overall drainage system, and to identify issues contributing to existing problems. From this analysis, a Master Drainage Plan could be prepared. The purpose of this plan will be to assist in the development and implementation of the National Environmental Protection Agency (EPA) and the Texas Pollution Discharge Elimination System (TPDES) mandated Stormwater Management Program (SWMP). The Master Drainage Plan will also identify, estimate the cost of, and prioritize possible Capital Improvement Projects that can be implemented to alleviate existing drainage problems, mitigate potential flood hazards, minimize future erosion, and at the same time, address water quality issues. 1.3. Existing Conditions: The City of Round Rock has an extensive stormwater collection system, consisting primarily of underground sewers. Some stormwater is also conveyed via surface channels. The age of the network varies from the date of original construction to present day. To accommodate new development and increase in impervious cover in existing areas, many lines have been added to the original system over the years. Some flooding occurs during significant rain events, indicating that storm sewer flow is restricted by damaged lines or exceeds pipe capacities in some areas. 1.4. There are four major drainage basins within the City limits: Chandler Creek Basin, Onion Creek Basin, Brushy Creek Basin, and Lake Creek Basin. The McNutt Creek Basin lies on the outskirts of the City, but is in an area of rapid growth. There are a number of minor drainage basins within and just outside of the City limits. 1.5. Existing Data: The City of Round Rock currently has no stormwater system mapping, neither hard copy nor GIS. Record construction plans are available for most construction within the City limits that has occurred since the 1970's. There 1 is little or no record of construction that occurred prior to that period. According to the City, all record drawings that are in the possession of the City have been scanned and are documented with an extensive database. The City does have a GIS, which contains current aerial photography, contours, streams and reservoirs, parcels, subdivisions, and planimetric information (streets, sidewalks, buildings, etc.), current as of May 2003. New aerial photography and planimetrics are currently being prepared and will be made available to URS as soon as they are complete. Water and wastewater utility mapping is available, but is currently being updated. A three-year project to correct the existing water and wastewater utility mapping is underway. 1.6. The City's service area (City Limits) is mostly urban and covers approximately 30 square miles in Williamson and Travis Counties. The majority of the City's service area is served by some type of stormwater system component. See Table 1 below for the zoning configuration of the City. Table 2 shows the distribution of the major drainage basins within the City Limits. TABLE 1 City of Round Rock Zoning Breakdown (Approximate) Zone Area Commercial 3.5 Sq.Mi. Industrial 2.7 Sq.Mi. Residential 12.3 Sq.Mi. PUD's 4.3 Sq.Mi. Open Space 1.1 Sq.Mi. Not Zoned 5.2 Sq.Mi. Total City Limits 29.1 Sq.Mi. TABLE 2 City of Round Rock Major Drainage Basin Breakdown (Approximate) Basin Area Onion Creek 4.8 Sq.Mi. Brushy Creek 10.6 Sq.Mi. Chandler Creek 8.2 Sq.Mi. Lake Creek 5.2 Sq.Mi. Total Drainage Basin Areas 28.8 Sq.Mi. 2 2.0 PROJECT GOALS 2.1. Phase I — Stormwater System Mapping and Development of a GIS Database: URS shall review existing plans on file with the City to create a graphical representation of the City's entire stormwater system, and generate a GIS map based on this information. Identify the horizontal (X & Y) location of features such as underground storm sewer lines, manholes, inlets, outfalls, surface channels, culverts and major detention ponds through the use of record drawings, aerial photography, staff input, and field visits as necessary. The final product shall also include all drainage -related easements throughout the City, and drainage areas for each outfall using existing topographic mapping. Deliverable shall be a GIS database, populated with information that can be readily gathered from construction plans, including but not limited to pipe sizes, grades and materials, inlet sizes, types and inlet depths, manhole sizes and depths, outfall types, channel configurations. The database will also include fields that will not be populated until Phase II. All graphics generated with this phase should be developed in a manner consistent with future uses as described in. Section 1.2. The GIS database will be developed in a manner that can be expanded for future uses. 2.2. Phase II — Physical Inspection, Survey and Map Adjustment: URS' surveying subcontractor, Baker-Aicklen, shall verify and pinpoint the horizontal and vertical location (X, Y & Z) of all features mapped in Phase I through the use of survey - grade GPS to confirm and enhance the mapping generated from Phase I. This will include a physical inspection of the stormwater system to gather pertinent information and to obtain and/or verify required elevations of manholes, inlets, culverts, channels, and lines to support modeling of the system. Phase II will not be part of this contract, but continual planning and consideration of Phase II needs will be performed during Phase I to ensure that Phase I activities are executed in a manner that will aid in the accurate and efficient execution of Phase II. 3 3.0 SCOPE OF WORK In order to perform the work and track progress and budget, the project activities have been organized into the following tasks. Key assumptions used to clarify scope and estimate design costs are also presented in each task discussion. URS shall provide, but not be limited to, the following: PHASE I — Stormwater System Mapping and Development of a GIS Database 3.1. Task 1— Data Review: 3.1.1. Phase I of the project will involve the compilation and evaluation of available data associated with the storm sewer collection system. To begin this task, URS will gather and review all available plans, plats, easements, records, and reports associated with the stormwater system and identify/interview personnel with knowledge of various aspects of the system. Aspects to be researched and considered in this review shall include, but not be limited to, system structure, development (recent construction and repairs), performance history (flooding, surcharging, etc.), maintenance history, and regulation requirements (TPDES permit and associated activities). Information collected will be reviewed and used to proceed with further tasks included in Phase I of this project, and to identify and scope additional tasks required to gather any remaining information necessary for the performance of future phases. 3.1.2. The total time to complete Task 1 of the project should be approximately three (3) months. 3.2. Task 2 — Geodatabase Development: 3.2.1. URS shall develop an ESRI Personal Geodatabase to store and manage storm sewer system data. All feature classes; attribute tables and relationship clauses shall be represented in the database, even though this phase of the project will not populate every field. Some of the fields will be populated during the implementation of this phase by hand -entering physical data available from existing drawings and records. The remainder of the information will be added during Phase II of this project, using information gathered in the field using GPS and during physical inspection of the system. Standards for GIS and database software are listed under "Technical Specifications." 3.2.2. Along with the location of stormwater system features, several key attributes, including, but not limited to, the items listed below, shall be included in the database and populated either during the implementation of Phase I or Phase II of this project. 4 3.2.2.1. Storm Sewer Line Segment attributes to be provided by URS: Type Size Design Length Design Slope Flow Direction Condition ID Number Plan Number Grid Number 3.2.2.2. Storm Sewer Manhole attributes to be provided by URS: Type Size Rim Size Depth (for use prior to gathering vertical data) Rim Elevation Invert Elevations Condition ID Number Plan Number Grid Number 3.2.2.3. Storm Sewer Inlet attributes to be provided by URS: Type Size Rim Size Depth (for use prior to gathering vertical data) Grate Elevation Invert Elevations Condition ID Number Plan Number Grid Number 3.2.2.4. Culvert attributes to be provided by URS: Type Size Design Length Design Slope Flowline Elevations Condition ID Number Plan Number Grid Number 3.2.2.5. Channel Segment attributes to be provided by URS: Type Size 7Design Length Design Slope Flowline Elevations Condition ID Number Plan Number Grid Number 3.2.2.6. Outfall attributes to be provided by URS: Receiving Stream End Treatment Type Flowline Elevation Condition Dry Weather Flow Monitor ID Number 7Plan Number Grid Number Photo 3.2.2.7. Major Detention/Retention Pond attributes to be provided by URS: Design Volume Top of Berm/Wall Elevation Berm/Wall Width Spillway Elevation Spillway Width Outlet Type Outlet Size Outlet Length Outlet Slope Outlet Flowline Elevations Condition ID Number Plan Number Grid Number Photo(s) 3.2.2.8. City -Owned Water Quality Pond attributes to be provided by URS: Design TSS Load Reduction Design Sedimentation Volume Design Filtration Area Top of Berm/Wall Elevation Overflow Spillway Elevation Overflow Spillway Width Condition ID Number Plan Number Grid Number Photo(s) 3.2.2.9. Drainage Basin attributes to be provided by URS: Area Receiving Stream ID Number 3.2.2.10. Easement attributes to be provided by URS: Easement Type Grantor Grantee Volume/Page or Drawer Number as applicable 3.2.3. Task 3.2 should run concurrently with Task 3.1. 3.3. Task 3 — Comprehensive Stormwater System Map Development: 3.3.1. This phase of the project shall use as -built drawing information gathered during Task 1. The as -built drawings will be georeferenced and then the stormwater data digitized into the geodatabase. The City's existing GIS (aerial photography, contours, planimetric information, etc.) will also be used aid in producing an accurate map of the entire stormwater system within the City's service area. Field verification will be required to ensure that all features are represented on the final product for Phase I, but survey level accuracy will not be required until Phase II. URS will also conduct interviews with City personnel to identify areas where stormwater features exist, but no as -built data exists. Those features will be incorporated into the system map by using the City's aerial imagery, other data sources that 7 might be available, or by site visits. It is estimated that 80 hours of field verification time will be required to verify questionable or incomplete features. 3.3.2. URS will implement a web -enabled project and data management tool (eProjects and ArcIMS websites) so that the City will be able to monitor project status and data in real time. The City will be able to interactively view and query the Comprehensive Stormwater System Map through the ease of a web -browser medium to ensure that the final product is complete and accurate. 3.3.3. The total time to complete Task 3 of the project should be approximately six (6) months. 3.4. Pilot Test 3.4.1. During Phase I, Task 3, URS and its surveying subcontractor, Baker- Aicklen, will conduct a pilot test of the Phase II GPS data collection procedures for a selected portion of the stormwater system. The purpose of the pilot test is to confirm compatibility of Phase I data creation and procedures with Phase II data requirements to ensure that Phase II will be executed accurately and efficiently. 3.5. QA/QC, Data Review, and Acceptance Criteria 3.5.1. During the Map and Metadata Development effort, URS will perform a quality assurance and quality control (QA/QC) assessment of the layers and metadata to ensure completeness and accuracy of the stormwater features and metadata. URS will develop detailed QA/QC procedures that will be incorporated into URS' Project Management Plan and approved by the City of Round Rock. 3.5.2 URS will work with the City to develop detailed review and acceptance criteria for project deliverables that will be incorporated into URS' Project Management Plan. The criteria will include, but not be limited to the following: • 100% network connectivity of the stormwater system if this can be determined by the existing as -built drawings, personnel interviews, or field verification • 98% correct attribution when compared to as -built drawing data 8 4.0 TECHNICAL SPECIFICATIONS 4.1 URS will use ESRI's ArcGIS and ArcSDE for SQL Server version 9.2. 4.2 The database URS develops for this project shall be created as an ArcGIS 9.x personal geodatabase utilizing a Microsoft Access Database. 4.3 The final GIS datasets shall be in NAD 83, referenced to the State Plane Grid Coordinate System, Texas —Central, in U.S Survey feet. GPS elevations shall be reported as orthometric height, currently Geoid 03. The GIS dataset shall adhere to the spatial domain, attributes, and precision of the existing City of Round Rock Enterprise Geodatabase. 5.0 DELIVERABLES 5.1 GIS Database 5.1.1 URS will provide an ArcGIS geodatabase containing one (1) Feature Dataset containing Feature Classes as described in 3.2.2, representing, but not limited to: Storm Sewer Lines, Manholes, Inlets, Culverts, Channels, Outfalls, Major Detention/Retention Ponds, City -Owned Water Quality Ponds, Drainage Basins and Easements in the City's Service area. The geodatabase will be delivered on Compact Disk or DVD. 5.2 Metadata 5.2.1 URS will prepare appropriate metadata describing the data collected during Phase I and Phase II of the project. The metadata shall be created using the tools available in ArcGIS 9.x or later ArcCatalog for collecting and editing metadata. 5.3 GPS Collection Data Dictionary 5.3.1 URS will provide the City with a GPS data dictionary and documented data collection guidelines for future update and maintenance by City staff. 5.4 Project Report 5.4.1 URS will prepare a final project report, documenting data collection and mapping procedures originally presented in the Project Management Plan and refined during data collection, including lessons learned, recommendations and cost estimates for future stormwater infrastructure data acquisitions, and QA/QC reporting. 9 EXHIBIT C Work Schedule e.4 EXHIBIT D Fee Schedule 1.0 INTRODUCTION 1.1 Exhibit D Fee Schedule This cost proposal is being prepared in response to URS being selected to enter into contract negotiations with the City of Round Rock to provide Professional Services required for the data acquisition and database development for the following project: "Stormwater System Mapping, Development of a GIS Database and GPS Collection of Stormwater System Features' Phase I Fee Schedule: Project Management $27,220.90 Task 1- Data Review $4,785.90 Task 2 - Geodatabase Development $3,756.69 Task 3 - Stormwater System Map Development $114,174.67 Phase I Total $149,938.16 Assumptions and backup cost data are presented on the following pages. 1 2.0 ASSUMPTIONS 2.1 The City of Round Rock currently has no stormwater system mapping, neither hard copy nor GIS, and has no inventory or estimate of the number of stormwater features within the existing stormwater system. In order to provide a Firm Fixed Price cost estimate, URS had to develop a best estimate of the quantity of stormwater features within the city limits of Round Rock. The cost estimate attached is based on those estimated quantities presented below. If actual quantities exceed the estimated quantities, a contract modification will be required. 2.2 Further definition and refinement of data to be collected will be required prior to commencing work. If significant changes are made to the scope of work presented in Exhibit B, a contract modification will be required. Stormwater Feature Estimates Storm Sewer Line Segments City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 100 350 Industrial 2.7 100 270 Residential 12.3 330 4059 PUDs 4.3 133 572 Open Space 1.1 Not Zoned 5.2 133 692 Total: 5943 Assumptions: 1) Number of line segments approximates number of inlets and manholes. Inlets City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 75 263 Industrial 2.7 75 203 Residential 12.3 250 3075 PUDs 4.3 100 430 Open Space 1.1 Not Zoned 5.2 100 520 Total: 4490 2 Stormwater Feature Estimates (Continued) Manholes City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 25 88 Industrial 2.7 25 68 Residential 12.3 80 984 PUDs 4.3 33 142 Open Space 1.1 Not Zoned 5.2 33 172 Total: 1453 Assumptions: 1) There are 1/3 as many manholes as inlets based on previous project work. Culverts Total: Estimated No. of Features 1000 Assumptions: 1) Culvert estimate based on number of creek crossings with roadways. Channel Segments Total: Estimated No. of Features 600 Outfalls City of Round Typical Municipal Rock Area Infrastructure Density Estimated No. Zoning (sq mi) (#/sq mi) of Features Commercial 3.5 25 88 Industrial 2.7 25 68 Residential 12.3 30 369 PUDs 4.3 25 108 Open Space 1.1 Not Zoned 5.2 25 130 Total: 762 3 Stormwater Feature Estimates (Continued) Major Detention/Retention Ponds Estimated No. of Features Total: 130 Assumptions: 1) Based on number of developments within the City times 1.5. City -Owned Water Quality Ponds Estimated No. of Features Total: 40 Assumptions: 1) Estimate. Requested by City to locate all water quality ponds in City Limits regardless of ownership. Drainage Basins Estimated No. of Features Total: 762 Assumptions: 1) Number of drainage basins equals number of outfalls. A drainage basin will be generated for each outfall located. Easements Estimated No. of Features Total: 200 Assumptions: 1) Only drainage easements shown on as -built drawings provided by the City will be located. Total Estimated No. of Features: 15379 0 E445 a 4 abase and GPS Coil 0 U 0 E d `f (1) co d C7 a m N ro V o. d �c m v � o N c u-x a R t u E 40 d CO N Q = N 0 = 0 0 R o E v 03 5 u1 0 EXHIBIT E Certificates of Insurance CERTIFICATE OF LIABILITY INSURANCE Date: December 28, 2006 PRODUCER Willis North America One Bush Street, 9th Floor San Francisco, CA 94104 INSURED URS Corporation 600 Montgomery St., 2e Floor San Francisco, CA 94111 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. COMPANIES AFFORDING COVERAGE A: National Union Fire Ins Co of Pittsburgh/19445 B: Lexington Insurance Company/19437 C: Insurance Company of the State of PA/19429 D: American International South Ins Co/40258 E: Lloyd's of London/A.F. Beazley Syndicate/15792 CO TYPE OF LTR INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION DATE DATE LIMITS A GENERAL LIABILITY GL177-4688 4/1/2006 5/1/2007 GENERAL AGGREGATE PRODUCTS-COMP/OP AGG PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) $2,000,000 $2,000,000 S1,000,000 $1,000,000 $ $ 10,000 A AUTOMOBILE LIABILITY CA826-2357 CA826-2360 CA826-2361 4/1/2006 4/1/2006 4/1/2006 5/1/2007 COMBINED SINGLE LIMIT 5/1/2007 BODILY INJURY (Per person) 5/1/2007 BODILY INJURY (Per accident) PROPERTY DAMAGE $2,000,000 $ $ $ B EXCESS LIABILITY 7022029 4/1/2006 5/1/2007 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 C WORKERS' COMPENSATION 7181937 1/1/2007 A AND EMPLOYERS' LIABILITY 7181903 1/1/2007 D 7181935 1/1/2007 C 7181904/7181936 1/1/2007 1/1/2008 STATUTORY LIMITS 1/1/2008 EACH ACCIDENT 1/1/2008 DISEASE — POLICY LIMIT 1/1/2008 DISEASE — EACH EMPLOYEE $ALL STATES $1,000,000 $1,000,000 $1,000,000 B E PROFESSIONAL LIABILITY 1155961 E&O 4/1/2006 5/1/2007 EACH CLAIM $1,000,000 Claims made policy MLP0005 4/112006 5/1/2007 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS Citywide Stormwater System Mapping Project The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability' and 'Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date therof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SIGNATURE OF AUTHORIZED REPRESEj1TATI 2i y\ Typed Name: _Lynne Harrington Title: Vice President/ Broker 00650 — 7/2003 Certificate of Liability Insurance