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Contract - K. Friese & Assoc. - 4/9/2015
''ROUND ROCK,TEXAS PURPOSEPXSSM PROSPERRY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: K FRIESE & ASSOCIATES, INC. ("Engineer-") ADDRESS: 1120 S Capital of Texas Highway,Building 2,Suite 100,Austin,TX 78716 PROJECT: Kenney Fort Boulevard Extension THE STATE OF TEXAS § COUNTY OF WILLIAMSON § "PHIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 9 IL day of L. ,2015 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW,THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.04/13 0199.1511;00331611 00192831 -20 Ll✓ -2. 970 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 Rilly 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) Ternn. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule,then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates,that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to Undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to frilly and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to I'voceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as fill compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Four Hundred Fifty Thousand Nine Hundred Sixty-One and No/100 Dollars ($450,961.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to witl>liold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination,that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal fiends; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order,or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251,V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Leah Collier Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 341-3318 Cell Number(512) 844-8610 Email Address Icollier@rotuidrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: B. Ryan Bell,P.E. Project Engineer 1120 S. Capital of Texas Highway,Building 2, Suite 100 Austin,TX 78746 Telephone Number(512) 338-1704 Fax Number(512) 338-1784 Email Address rbell@kfriese.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, tlue 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 lie/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify, City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or pants thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate,shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful maturer as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's ,work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or othervise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer malting that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall fiirnish 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. i i 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS i f 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 mauuier. (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 ori a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer,then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors vdiich 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 tinder Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents,or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that lie/slie/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, conunission,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 ll otherwise acceptable to City. Engineer shall also notify City,within twenty-four(24)hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified snail 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 Riture coverage, or to City's Self-Insured Retentions of whatever nahire. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of tyle provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock,TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 Engineer: B. Ryan Bell,P.I . Project Engineer 1120 S. Capital of Texas Highway, Building 2, Suite 100 Austin,TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be frilly responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold,to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standaz•d of Performance. The standard of care for all professional engineering, consulting and related services performed or fiunished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services fiunished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Deterininations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval,review, or determination to be arbitrary,capricious,or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OFTXOCK,TEXAS 4Stephai EDBy: Alan McGraw, Mayor L. Sheets, City Xttorney ATTEST: By: Sara L. White, City Clerk K FRIESE&ASSOCIATES,INC. By: �* O� Signature of Executive vice President Printed Name: Thomas M Owens,,21- I5 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2)Exhibit B Engineering Services (3) Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City of Round Rock (City) will provide the following information and other assistance to K Friese & Associates, (Engineer) that the City deems appropriate and necessary. 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of such information in a format chosen by the City. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverable that have been properly completed and submitted by the Engineer, and timely provision of comments, if any, to the Engineer resulting from said reviews. EXHIBIT B Engineering Services UNDERSTANDING The City of Round Rock Transportation Master Plan map depicts a 4-lane divided arterial roadway segment between Old Settlers Boulevard and US 79. This arterial, shown as "Arterial A" below, is also known as Kenney Fort Boulevard. �/� R ,�j/ �i��iLRul1�� ��I �� ^J'�'� �; ^� •y' ,`a '4;�1 -f `r/ `r// } -- SI.� }111't'�J'7 I'�� y3 I.L1 .-ti�c�5: �. ^l((�i�`>� i��jl�i��.`� y ( 1. __.. -- t—==�:•. •.t {. � -:.�._ y • i i:aiCn'nvuw I f 1 i t rant.blt t.l \ r .Lil�r'"j +Y-~ �t�• R `jam'': tZ �>;...' ! —t�,a �'• 1:...>r' '�Y >y.TLY -r`.f`.-5„t 1rc• • t:' •A '—--i:riovar.m..i - L 1 tl 0e tj •� w.•r� _•.emw.•Y �S '�Tp"�'r n'��f;M �"•, t f I FBYe'c•"°"°` no"'R• •Wi+�- -1 K Friese & Associates, Inc. (KFA) will Plans, Specifications, and Estimate (PS&E) suitable for bidding for a segment of the Kenney Fort Boulevard Extension. This segment is understood to be from its existing northern terminus at Chandler Creek Blvd to Old Settlers Boulevard. For this proposal, the proposed PS&E will construct a six-lane divided arterial with illumination, sidewalk, and shared use path. SCOPE OF SERVICES TASK 1 — PROJECT MANAGEMENT 1. Project Management/Administration — This task includes routine communication with the City; managing sub-consultants, manpower, budgets, and schedules; invoicing; implementing and monitoring of QA/QC efforts; and other activities associated with managing the project. 2. Project Meetings and Status Reports — KFA will attend regular status meetings with the City to review progress and upcoming work. We have budgeted for three meetings during the project following the 30%, 60%, and 90% submittals, including meeting preparation and minutes. KFA will also submit monthly status reports to the City documenting progress, budget, and schedule. 1 TASK 2 -- FINAL DESIGN 1. Environmental Documentation - Cox/McLain Environmental Consulting, Inc. (CMEC) will provide environmental consulting services for the preparation of an environmental technical memo, which is intended to document compliance with environmental regulations that are applicable to a City-funded project, in addition to an Archeological Survey for compliance with the Antiquities Code of Texas. The environmental technical memo will consist of the following tasks: a. Archeological Resources -- CMEC cultural resources personnel will conduct searches of the Texas Historical Commission's (THC) Sites Atlas and other data sources to identify previously documented archeological sites, cemeteries, historical markers, properties and districts listed on the National Register of Historic Places (NRNP), and State Antiquities Landmarks (SALs). Results of the search will be integrated with soil information, topographic maps, aerial photographs, and other pertinent data in an application for a Texas Antiquities Permit on behalf of the City. After a valid permit number is obtained, field investigations will be conducted within proposed pavement/right-of-way. The study will be limited to pedestrian survey (with shovel testing as needed) of the alignment. No mechanical trenching is anticipated based on results from previous CMEC projects nearby and a preliminary examination of the geologic and soil information along with the topographic setting. Field methods will comply with the requirements of 13 TAC 26, as established by the Council of Texas Archeologists (CTA) and approved by the THC. Diagnostic artifacts observed in the project area that are also located on City land will be collected and analyzed at the CMEC Archeological Laboratory before being prepared and curated at an appropriate curational facility. This investigation will also evaluate archeological resources for their potential eligibility for inclusion in the NRHP per Section 106 (36 CFR 800) of the National Historic Preservation Act of 1966, as amended, or designation as a SAL under the provisions of the Texas Antiquities Code (13 TAC 26.12). Reporting of results will comply with THC and CTA guidelines. b. Water Resources -- CMEC will collect data on surface water streams and other existing water resources and the potential for pollution during construction and from the completed facility. The 100-year flood plain, as delineated by FEMA, will be identified and the impacts of the proposed project will be assessed. Potential for impacts to groundwater will be discussed; no Geologic Assessment is required (the project is outside the Edwards Aquifer Recharge, Contributing, or Transition Zones). 2 CMEC wetlands specialists will perform evaluations of wetlands and waters of the U.S. in all areas potentially affected by the proposed project. Ordinary High Water Marks within the proposed right-of-way will be mapped using GPS and GIS techniques, and potential impacts to any features will be evaluated. Wetland field delineations will be conducted and wetland data sheets will be prepared and included in the report appendix. This task will include a determination of the type of permit (if any) that will be needed from the USACE. The permit determination will be summarized in the report. Any 404 permit preparation would be carried out under an additional scope and budget. c. Biological Resources — CMEC biologists will describe project area biological resources including vegetation communities and wildlife habitat. Ecologically sensitive resources, including potential threatened or endangered species habitat, will be identified and their potential to be affected by project construction and operation will be assessed and described in the environmental report. A wildlife habitat assessment for suitability for endangered species will be conducted by CMEC. d. Hazardous Materials -- A database search of previously recorded hazardous material sites in the project area will be conducted and a summary letter incorporated into the environmental report. A Phase 1 Environmental Site Assessment is not included in this scope. e. Preparation of Environmental Tech Memo/Comment Response — This task includes the writing and production of a complete environmental technical memorandum, as well as revisions in response to comments from the Engineer and the City of Round Rock. Only generalized, preliminary mitigation measures will be presented where adverse impacts may potentially occur; detailed mitigation plans are not part of this Scope of Services. This task includes the submittal of five (5) unbound copies of the draft environmental tech memo (the Engineer/City of Round Rock review) and 5 unbound copies of the revised final tech memo. 2. Design Survey -- Inland Geodetics, LP (Inland) will perform a design survey consisting of trees, surface features, property lines and 1-foot topographic lines suitable for design of the roadway. Inland will perform sufficient research of property records from various sources to analyze and develop an exhibit of the record ROW and property configurations for the affected tracts. Inland will produce numbered individual parcel plats with metes and bounds descriptions for one (2) ROW parcels. 3. Geotechnical Investigation and Pavement Design -- Arias Geoprofessionals, Inc. (Arias) will perform fifteen (15) geotechnical borings at a depth of ten-feet (10') and four (4) geotechnical borings at a depth of fifty (50') below existing grade along the proposed roadway alignment and bridge locations; conduct appropriate laboratory testing; and summarize the field investigation results and bedding, 3 earthwork, and pipe design recommendations in a Geotechnical Report. The report will also include pavement design recommendations for the proposed roadway improvements. 4. Construction Plans — KFA will produce the following sheets (11" x 17" Full-Size) as appropriate for the revised roadway design. QA/QC is included in each sheet task. a. MISCELLANEOUS PLANS 1. TITLE SHEET (1 Sheet) 2. INDEX OF SHEETS (1 Sheet) 3. QUANTITY/SUMMARY SHEETS (5 Sheets) — 1. Roadway Quantities 2. Summary of Drainage Structures and Erosion Control 3. Summary of Pavement Markings and Traffic Controls 4. Illumination Summary Sheets 5. Summary of Small Signs 4. GENERAL NOTES (2 Sheets) 5. HORIZONTAL ALIGNMENT DATA & SURVEY CONTROL (1 Sheet) b. ROADWAY PLANS &GEOMETRY 1. TYPICAL SECTIONS (1 Sheet)— Proposed typical sections 2. ROADWAY PLAN AND PROFILE SHEETS (8 Sheets) c. GRADING AND DETAILS 1. CROSS-SECTIONS — (30 Sheets) KFA will complete design cross-sections at 100-foot stations and other locations as necessary for the determination of cut and fill quantities and to further refine the design vertical geometry. 2. INTERSECTION DETAIL SHEETS (2 Sheets) — KFA will provide intersection details for the Kenney Fort at E. Old Settlers Blvd and Kenney Fort at Chandler Creek Blvd intersections including a 1"=40' scale plan view and spot grading at all PC, PT, edge of pavement and street tie-ins. 3. ROADWAY DETAILS (5 Sheets) — KFA will include miscellaneous detail sheets for the project. d. DRAINAGE PLANS 1. OFFSITE DRAINAGE AREA MAP (1 Sheet) 2. CULVERT HYDRAULIC CALCULATIONS (5 Sheets) 3. CULVERT LAYOUTS (5 Sheets) 4. STORM SEWER PLAN & PROFILE SHEETS (8 Sheets) 4 5. STORM SEWER HYDRAULIC CALCULATIONS (8 Sheets) 6. BRIDGE HYDRAULIC DATA SHEETS(2 Sheet) 7. BRIDGE SCOUR ANALYSIS (2 Sheets) 8. DRAINAGE DETAIL SHEETS (10 Sheets) e. BRIDGE PLANS 1. ESTIMATED QUANTITIES AND BEARING SEAT ELEVATIONS (2 SHEETS) 2. BRIDGE LAYOUTS (3 SHEETS) 3. ABUTMENT DETAILS (8 SHEETS) 4. BENT DETAILS—(3 SHEETS) 5. SPAN DETAILS (3 SHEETS) 6. GIRDER LAYOUTS (3 SHEETS) 7. BRIDGE STANDARDS (32 SHEETS) f. TRAFFIC CONTROL PLANS 1. SEQUENCE OF CONSTRUCTION NARRATIVE (1 Sheet) F 2. TRAFFIC CONTROL PLAN SHEETS (2 Sheets) 3. TRAFFIC CONTROL STANDARD SHEETS (5 Sheets) g. SIGNING, MARKING AND SIGNALIZATION 1. SIGNING AND PAVEMENT MARKING LAYOUTS (4 Sheets) i 2. SIGNING AND PAVEMENT MARKING STANDARDS (5 Sheets) l h. ILLUMINATION 1. ILLUMINATION PLANS (4 Sheets) 2. ILLUMINATION DETAILS (5 Sheets) i. EROSION CONTROL SHEETS 1. STORMWATER POLLUTION PREVENTION PLAN (1 Sheet) 2. EROSION CONTROL PLAN SHEETS (4 Sheets) 3. EROSION CONTROL STANDARD SHEETS (3 Sheets) 5. Opinion of Probable Construction Cost — KFA will prepare and submit an engineer's opinion of probable construction cost in Microsoft Excel format at the 30%, 60% and 100% and Final submittals to the City. 6. Contract Documents — KFA will prepare a set of construction contract documents in accordance with City of Round Rock Standards including_ a. CONTRACT REQUIREMENTS 1. Notice to Bidders 2. Instructions to Bidders 5 3. Bid Bond 4. Bid Form 5. Statement of Bidder's Safety Experience 6. Agreement 7. Insurance & Construction Bond Forms 8. Performance Bond 9. Payment Bond 10.Certificate of Liability Insurance 11.General Conditions 12.Supplemental General Conditions 13.Special Conditions b. Technical Specifications and Provisions 1. City of Round Rock Standard Specifications 2. Special Technical Specifications 3. Special Provisions 7. Utility Coordination — KFA will prepare a utility conflict matrix and coordinate with utility owners to relocate facilities which cannot be avoided by reasonable roadway design revisions. 8. Permitting — For purposes of this proposal, it is assumed that the final roadway design will require the following permits: a. TCEQ NPDES — A Contractor and Owner NOI will be prepared in conjunction with the SWPPP Plans. The SWPPP will be provided to the Contractor awarded the project. b. TDLR (TAS) Review — KFA will prepare and submit the required documentation for a review and approval of the pedestrian facilities in accordance with TDLR/TAS regulations. 9. Bid & Award — KFA will assist the City of Round Rock with contract administration during the bid phase of the project. a. Pre-Bid Conference — KFA will attend the pre-bid conference, document any questions and responses provided at the meeting, and issue a follow- up addendum if necessary. b. Addenda Preparation — KFA will interpret plans and specifications and draft addenda, as necessary, for issuance. One (1) addendum has been assumed for budgeting purposes. c. Bid Opening and Review — KFA will attend the public bid opening, tabulate the bids, and perform a review of the bid tabulation and Contractor's qualifications. KFA will issue a Recommendation for Award based on the lowest responsive bidder. d. Contract Award — Following award of the Contract by the City, KFA will assemble the necessary Contract Documents and coordinate with the Contractor and City for execution. 6 e. Conforming Documents —Addenda items will be incorporated into a set of "conformed" documents. We have included reproduction of 8 sets of conformed documents to be issued for construction (4 to City; 4 to Contractor). TASK 3—CONSTRUCTION PHASE 1. Construction Phase Services -- KFA will assist the City of Round Rock with contract administration during the construction phase of the project. We understand the City of Round Rock will provide required construction inspection services, and have assumed that the construction duration will be approximately 12 months. KFA's services will include: a. Pre-Construction Conference -- KFA will attend a pre-construction conference with the City, Contractor, and other parties as appropriate, and prepare the meeting minutes. b. Progress Meetings and Site Visits — KFA will attend regular construction meetings with the City, Contractor, and other parties as appropriate, including preparing the meeting minutes. KFA will visit the site and conduct construction meetings approximately every two weeks when construction is in progress to verify that the work is generally in conformance with the plans and specifications. For budgeting purposes, we have assumed sixteen (26) meetings/site visits. c. Submittal Review — KFA will maintain a log of all Contractor submittals, track review progress, review and approve submittals, and distribute submittals to the appropriate parties. d. Pay Estimate Review — KFA will review the Contractor's pay estimates after approval by the City of Round Rock's on-site Inspector and make recommendations for payment. e. Preparation of Change Orders — KFA will review all Contractor's requests for Change Orders and prepare Change Orders as appropriate. For budgeting purposes we have assumed five (5) change orders. f. Requests for Information (RFIs) — KFA will provide answers to requests for information (RFI's) from Contractor as related to possible conflicts and clarifications needed between plans and specifications. Five (5) RFPs have been assumed. g. Contract Close-out. KFA will attend a final project walk-thru, document "punch list items", and issue an Engineer's Concurrence for Project Acceptance letter. h. Record Drawings. KFA will use the Contractor's redline as-built drawings to document as-built conditions in the final record drawings. KFA will supply the City of Round Rock with one set of reproducible record drawings and provide one set of record drawings in .pdf format. ASSUMPTIONS 1. Water quality and detention design is not included in this proposal. 7 2. A public hearing per Chapter 26 of the Texas Parks Code will not be required. 3. Permit Review and Processing Fees are not included in the attached fee. 4. No Utility design is included. f 8 Kenney Fort Boulevard Extension Exhibit C Work Schedule ID Task Name Duration Start Finish 2nd Quard 3rd qqart4thQuarte!1st Oguartel 2nd Ouart3rd Quartd 4th Quand 1st Quartel 2nd Qu r a iunl Jul u e Oct o De6jan'Feb a A r a junI JullAu�sep]C)ctWoDedian�ebMadAprMa 1 Notice to Proceed 0 days Wed 4/1/15 Wed 4/1/15 4/1 2 Task 1-Project Management/Administration 555 days Wed 4/1/15 Tue 5/16/17 3 Task 2-Final Design 293 days Wed 4/1/15 Fri 5/13/16 4 Environmental Documentation 65 days Wed 4/1/15 Tue 6/30/15 -- 5 Design Survey 65 days Wed 4/1/15 Tue 6/30/15 6 Geotechnical Investigation and Pavement 65 days Wed 4/1/15 Tue 6/30/15 Design 7 30%Plans Preparation 30 days Wed 7/1/15 Tue 8/11/15 8 30%QA/QC 5 days Wed 8/12/15 Tue 8/18/15 9 30%Submittal 5 days Wed 8/19/15 Tue 8/25/15 10 30%City Review and Comment 10 days Wed 8/26/15 Tue 9/8/15 f� 11 60%Plans Preparation 30 days Wed 9/9/15 Tue 10/20/15 12 60%QA/QC 10 days Wed 10/21/15 Tue 11/3/15 �LG� 13 60%Submittal 1 day Wed 11/4/15 Wed 11/4/15 •hL 14 60%City Review and Comment 10 days Thu 11/5/15 Wed 11/18/15 15 90%Plans Preparation 30 days Thu 11/19/15 Wed 12/30/15 16 90%QA/QC 10 days Thu 12/31/15 Wed 1/13/16 fiut� 17 90%Submittal 1 day Thu 1/14/16 Thu 1/14/16 •hL 18 90%City Review and Comment 10 days Fri 1/15/16 Thu 1/28/16 19 100%Plans Preparation 10 days Fri 1/29/16 Thu 2/11/16 20 100%QA/QC 5 days Fri 2/12/16 Thu 2/18/16 21 100%Submittal 1 day Fri 2/19/16 Fri 2/19/16 22 Bid&Award 60 days Mon 2/22/16 Fri 5/13/16 1 23 Task 3-Construction Phase-12 Months 262 days Mon 5/16/16 Tue 5/16/17 24 Contract Termination 0 days Wed 5/17/17 Wed 5/17/17 < Task {rte External Milestone G Manual Summary Rollup Split Inactive Task F Manual Summary Milestone ♦ Inactive Milestone > Start-only C Date:Mon 3/9/15 Summary Inactive Summary Finish-only 7 Project Summary ? Manual Task ------ Deadline 4. External Tasks 0 Duration-only _..__.. Progress —-•_. .__....r Page C-1 EXHIBIT D FEE SCHEDULE Bllllna Rate S 231.00 S 209:25 S 135,90 1 S 102.00-3 67.00 $ 82.88 1 5 54.00 1R.:.C'h`", bR <�,.�'. .,��.. Yy:rF4`5.r 7��t;:�`t�+':t`v,tdcros 'yv:. a'4i b1i. a -1;5 5• .�rP,.tY�,v`A 13�n ti• fd f h. ;.t•."+�?n+'� d y.''a:;s :'%G?1�y f,.: �y'+�-s.,�_•' '• ��. ,�,fi.+. } t,,..s i •,�.!. ��t:l.,���-✓Y�}"�.z� ,.,.'� .Y'�,r':�,,r,,v?<yic��lrx�t ,�,.�t �*Tk!:" ��� ��•'-tiz �,�zu��'�'��f ���� ,t�„�- cr�,,,:Yl ' �,r.R��� 5'S?��.,.�, ,>;� •r a :iz`x,��'�y�,,,'•p �.�.{�<�9enlo�`� �rb�;. .`v�'T7,,� Sf�CADO� „�, kap>S�1`bak�`�.,;,r,•,:.��3� ,.L."�m.,�'��z s :�z .. :r,,. � F'?r'-� '� �y`�....t ',> >vY a u,�hhi ea� 0.ti ��r��5!'-Na":�•�G�+.,.k%.4�'+HCl'?' ,.r.,..<;l 33x u .� •.Y3 � �?• it .`� � � �� �s �.. �s1.da � �c i� '�, Ea. 3. ,� +'�.��`� ti�•�., ,' '�Pr1ne1 tt�',��,jN�i7gp�;r ,,�,MNak _.; `1nNV��':'�',S� �,'#y ?edfitil�Nt¢ ;;4CN1ieZljf �t1.tib'R[+� ag1��a�r.�Gansufgn'!'e-E�itpo nYOs_0 nt�'egtcta� Task 1-Pro see ManapanleM 1 __ .�--- 1 ProJoet.ManopomonVAtlminlatrotlon _ 30 Is 46 S8,724 _ $6,724 2 Pro oct Mootln o&Statue Ro ods Mootln: 12 `12 24 54,142 584 $4,226 Subtotuf Task 1 0 42 30 0 1 0 0 0 72 $12.888 $0. $84 $12.950 Task 2-Flmel Dsslgn ' 1_Environmantal DocumamatlOn LMEC) _ _ 1 0 so $13,111t $13,111 2 O_oJpn Sure Inland _I -� a EO 347.902 Ee7,9o2 3 Gootochnt,RI lnvovtIg!0Ml antl-PavOrtam Doolpn(Mao) _ __. ___ 0 so $19_990: 419,990 4 Construction Plarw _ $200 $200 a t.TITLE SHEET(� 1 4 4 4 13ll. 51,223 �2 INDEX OF SHEETS(� 1 _2 2 2 7 5679 $678 2.QUANTITY SUMMARY SHEETS 2 4 12 24 24 66 SS. 58 $6258 4.GENERAL NOTES(1) 2 2 _ 4 16 _ 4 28 $2,821 52,821, :b:1.TIPICALSECTIONSU_ 1 I 2 4 4 8 19 At 8881 51.898 I y;2.ROADWAY PLAN AND PROFILE SHEETS()__ _8 16 24 ! 32 48 128 _ $13,049: �Si3,o49 1.CROSSSECTIO8 8 1 16 64 64 i 186 515.253. 615253 2.INTERSECTION NS(d0)DETAIL SHEETS R) 2 2 I 8 72 24 48_ 54.5`35• S4,535 2.ROADWAY DETA1ISU -, _ 2 6 8 8 24 5$241 $2,241 d 1_DRAINAGEAREAMAP(1) _ 4 4 16 16 16 __5G &S 7- _ 35,727 _ 2.CULVERT HYDR/1l1LICCALCULATIONS(5) _ 4 8 16 16 24 Be 58,933'_-,_ 58`J3 --3.CU LAYOlJTS() 8 16 24 24 48 12(1_ 312353 572,35 4.STORM SEWER PLAN&PROFILES O 8 1fi 16 32 40 112 511,672 511,572 5_STORM_SEWER HYDRAULIC CALCULATIONS 51 _ 8 _ a 24 24 8 72 $7.959 57,959 6_SRIDGE 11YDRAUUG 12ATA(Z� _ 6 _ 4 24 24 12 _72 $7.746 _ E7 746 _.__ 7�.9RID_G_E SCOUR ANALYSIS(2) 8 4_ 24 2d 12 72 $7,746 $7,748 8.DRAINAGE DETAIL SHEETS(70) T-' _ 2 8 4 d __ 18 51.767 31,767 01.ESTIMATED BRIDGE QUANTITIES AND BEARING SEAT 50 $8,358 _ 46358 2.BRIDGE LAYOUTS(8) 4 8 1 8 16 16 52 S5,455_ $213731 526,828 2.ABUTMlT1T DETAILS(e) _ _ 0 50 317,972! _ 317 672 -�^�•�4�BENT DETAILS(.i) ___ __ _0 50 524,332_ 524,332 S.SPAN DETAILS ) 2 SO $20,429 520,429 6.GIRDER LAYOUTS(3) _ _-_ 0 so 57,528 _57,526 :7.BRIDGE STANDARDS L3•L) _ 0 SO 32 853 _52653 •C1.SEOUENCE OF CONSTRUCTION NARRATIVE(1) 1_j 1 4 4 4 _ 14 $1,432 _$1,432 :2.TRAFFIC CO OL PLAN SHEETS Ul _ 1 i_ 2 4 8_ 8 _ 23S2246 _52.2d6 :3.TRAFFIC CONTROL STANDARDS(5) ! 1 2 2 4 97 _ 5845 _5845 .1.SIGNING AND PAVEMENT MARKING LAYOUTS() _ 4 ! 4 8 16 24 56 $6,573 _55,573 _12,SIGNING AND PAVEMENT MARKING STANDARDS U 1 1 2 2 4 9 S8451 _5848 :h:t.ILLUMINATION PLANS(41 -0 $0 $352 35 62 5 ,242 2.ILLUMINATION DETAIIS US 0 SolS1 751 $1.751 .1.1.STORMWATER POLLUTION PREVENTION PLAT (I) 1 2 1 2 4 9 _ 5845! $845 -2.EROSION CONTROL PLAN SHEETS(4)(4) 1 _4 1 8_ 18 ;� 29 $2_5831 $2,563 :3,EROSION CONTROL 8TANDARDHEETS(3) 1 1 �1 2 S _ $490' 5490 Si IOPlnbn ofProbabla Conotnit4lon cost 2 4 8 14 _$1,281• 51.281 61;5 oMtad Documents 4 8 16 1 1_6 44 _:aaD1 $150 S5:o9e 71 'UIIISy Coardlnatlon _ _2 B 12 16 _ 38 54y72 54.122 •--- 8� Permitting 3 2 6 2 �.2_ IS.- $1,407 51,407 9 Bld&Award 0 a Pro-Bld Conforoneo 4 4 8 _E7 787 51.381 h Addondn Proparotlon 1 4�_____4 8 4 1 -___21 $2,188 _ 52,188 c Bld Oponing&ROYIow _ _ 4 8 _1 1 12 S1.533' $1.533 d Cont MCI Award 4 8 1 _ 12 $1,240 57,240 e ConformIna Documents I 2 1 4 1 8 14 $1,281 $1.281 Subtatst Task 2 0 1 96 165 1 301 459 1 ASA 1 2 1467 $149.432. $218,381 =50 $388143 Task 3-Construction Phase _ I 1 p%Consttuetl0n Confamse _ 8 B r 18 _$t EZ2_903 57,903 _ _ ,69T. 52,956 5192 526,045 6 Pro as MOcUnga VI end Slto s05 24 52 t0a 180 _ R.Sub_mklal Rovl(T _ 8 Is 24 48 $4,807: 57}195 5t 1,902 5 Aa Eatlmmio Revlew _ T _ _ 12 24 36 Sa 079: 34.079 o Ptoperatlon afChango Order: _ I _ 12 12 32 32 88 SB 285! 58,285 L Ra_quosts tar Information T 'B� 4 2 q8 28 $2,8531 54,233 j64316 76 36 $4 84:Ll 643h T2acoM Drawl a I 4 18 40 60 $5,776: $150 .928Subtotal Task 3 0 211 400 762 90o894455,043 514 $542 ,669.CKs., .o,:.;1Jb�s_a;{Lx,fkl663.;k:x� .^.itl:'S;;iSa3�r.,m=gA2t`F,. +.:`:a839.t..'>•$ztz :961 Page D-1 of 1 EXHIBIT E Certificates of Insurance Attached Behind This Page I r ® DATE(MM/DD/YYYY) ACC>Ro CERTIFICATE OF LIABILITY INSURANCE �/- F12/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored Programs PHONE 800-338-1391 A/C No:888-621-3173 E- a service of Seabury & Smith, Inc. EMAIL Ext: 701 Market Street, Ste. 1100 ADDRESS:acecclientreguest@marsh.com St. Louis MO 63101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Beazley Insurance Company 37540 INSURED INSURER B: K Friese & Associates, Inc. Ms. Karen Friese INSURER C: 1120 S.Capital of Texas #100 Austin, TX 78746 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR P TYPE OF INSURANCE OLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDD/YYY MMIDDfYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S CLAIMS-MADE F__1 OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY jE,0� LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S ANY AUTO BODILY INJURY(Per person) S ALLOWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability V14A3F150201 01/01/2015 01/01/2016 Claim $2,000,000 Aggregate $2,000,000 Deductible $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) This policy covers the professional services of the named insured for all projects & the limits of liability shown shall not be construed to be applied to a particular project and therefore includes: Kenney Fort Boulevard Extension Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock AUTHORIZED REPRESENTATIVE 2008 Enterprise Drive Round Ro k, TX 78664 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ® DATE(MM/DDIYYYY) ACC>RO CERTIFICATE OF LIABILITY INSURANCE `.. ' F12/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored ProgramsPHOIC,NE g00-338-1391 AIC No:888-621-3173 a service of Seabury & Smith, Inc. EMAIL Ext: 701 Market Street, Ste. 1100 ADDRESS:acecclientrequest@marsh.com St. Louis MO 63101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Accident & Indemnity Cc 22357 INSURED INSURERB:Twin City Fire Insurance Co 29459 K Friese & Associates, Inc. Ms. Karen Friese INSURER C:Sentinel Insurance Company, Limited 11000 1120 S.Capital of Texas 4100 Austin, TX 78746 INSURER D: INSURER E: INSURER F, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDDIYW MMIDD/YYY LIMITS A GENERAL LIABILITY 84SBWVM8359 01/01/2015 01/01/2016 EACHOCCURRENCE S1,000,000 DAMAGE TO RENTED 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence CLAIMS-MADE D OCCUR MED EXP(Any one person) $10,000 X Contractual PERSONAL&ADV INJURY $1,000,000 Prof. Liab. Excl. GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG 52,000,000 F—IPOLICYF }{ JECOT- LOC 5 C AUTOMOBILE LIABILITY 84UEGAR7037 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT Ea accident S1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ B WORKERS COMPENSATION 84WBGBJ1571 01/01/2015 01/01/2016WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICE(Mandatory In H)EXCLUDED? E.L.DISEASE-EA EMPLOYE $1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Kenney Fort Boulevard Extension Project - When required by written contract: City of Round Rock is included as additional insured for above coverages except WC. Coverage is primary and non-contributory to any other insurance carried except Umbrella. 30 days notice of cancellation will be given to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Round Rock AUTHORIZED REPRESENTATIVE apiL 2008 Enterprise Drive Round Ro k, TX 78664 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 84 WBG BJ1571 Endorsement Number: Effective Date: 01/01/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: K FRIESE & ASSOCIATES, INC. 1120 S CAP OF TX HWY SETTING II STE 100 AUSTIN, TX 78746 This endorsement applies only to the insurance of the operations described in the Schedule where provided by the policy because Texas is shown in you are required by a written contract to obtain this Item 3.A. of the Information Page. waiver from us. We have the right to recover our payments from This endorsement shall not operate directly or anyone liable for an injury covered by this policy. We indirectly to benefit anyone not named in the will not enforce our right against the person or Schedule. organization named in the Schedule, but this waiver The premium for this endorsement is shown in the applies only with respect to bodily injury arising out Schedule. Schedule 1. ( ) Special Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TX OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 09/27/14 Policy Expiration Date: 01/01/16 POLICY NUMBER: 84SBWVM8359 BUSINESS LIABILITY COVERAGE INSURED: K Friese&Associates, Inc. SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work"and included within the"products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury"or"property damage" included within the"products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D.—Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E.—Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c.below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 POLICY NUMBER: 84UEGAR7037 COMMERCIAL AUTOMOBILE INSURED: K Friese&Associates, Inc. HA 99 16 09 10 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 09 10 Additional Insured if Required by Contract Paragraph A.1. -WHO IS AN INSURED -of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for"bodily injury' or"property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. —Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any"suit" if any other insurer has a duty to defend the insured against that"suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 5.14 Page 1 of 1