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Contract - K Friese + Associates - 4/14/2022
DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: K FRIESE +ASSOCIATES ("Engineer") ADDRESS: 1120 S. Capital of Texas Highway, CitvView 2, Suite 100, Austin, TX 78746 PROJECT: I-35 & SH 45 Frontage Road Turn Lanes THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THI§ CONT CT >;OR ENGINEERING SERVICES ("Contract") is made and entered into on this the i4ay of , 2022 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.02/22 0199.202220;4862-2711-3746 4879-8103-9872;00192831 1 �•2cO1dZ.1 D DacuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 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 DocuSign Envelope ID:E33835F13-7AE547DE-B84A-C9A0E29691F5 (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 Three Hundred Forty-Nine Thousand Six Hundred Ninety and 80/100 Dollars ($349,690.80) 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 DocuSign Envelope ID. E33835FB-7AE5-47DE-BB4A-C9A0E29691F5 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: Matt Bushak Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 341-3318 Fax Number N/A Email Address mbushakAroundrocktexas.gov 4 DocuSign Envelope ID:E33835F&7AE5-47DE-BB4A-C9A0E29691F5 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: Austin Messerli, P.E. Senior Engineer 1120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin,TX 78746 Telephone Number 512-338-1704 Fax Number N/A Email Address AMesserli@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, 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 DocuSign Envelope ID:E33835F8-7AE5-47DE-B84A-C9A0E29691F5 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 DocuSign Envelope ID:E33835FB-7AE5-470E-884A-C9A0E29691 F5 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed.Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom.Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 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 DoceSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 DocuSign Envelope ID:E33635FB-7AE5-47DE-B84A-C9A0E29691F5 • 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. I (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 DacuSign Envelope ID.E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 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 reasonable and necessary 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 state, federal 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) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made for ordinary business purposes. (3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates 10 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) 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 City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from 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. 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 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 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 in coverage, and such notice thereof shall be given to City by certified mail to: 12 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 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. 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. 13 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29591 F5 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 Engineer: Austin Messerli, P.E. Senior Engineer 1120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin, TX 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. 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 14 DocuSign Envelope ID:E33835FB-7AE5-470E-B84A-C9A0E29691 F5 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. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (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. (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. 15 DocuSign Envelope ID:E33835FB-7AE5-47DE-884A-C9A0E29691F5 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. [signature page follows] • 16 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 K FRIESE+ASSOCIATES By: CDocusigned by: i u.awaS k, lWunb SignattuurreT6I'WPlflFd[ a1 Thomas M. Owens Printed Name: 17 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 CITY OF ROUND ROCK, TEXAS APPR C V D AS TO F RM: By: Craig Morgan, or Stephan Sheets, City Attorney ATTEST: By. 11.41).- eagan Spi s, City lerk 18 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 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 19 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9AOE29691F5 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 deliverables that have been properly completed and submitted by the Engineer, and timely provision of comments, if any, to the Engineer resulting from said reviews. 4. TxDOT Coordination DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 EXHIBIT B Engineering Services UNDERSTANDING The City of Round Rock (CLIENT) desires engineering services on three (3) right turn deceleration lanes. The two (2) of the turn lanes are on eastbound SH45 Frontage Road (Louis Henna Blvd), one into the shopping center (-0.12 miles from I- 35 Frontage Road) and the other into the Target Driveway (-0.20 miles from 1-35 Frontage Road), and the third on the northbound 1-35 Frontage Road (-0.20 miles from SH45 Frontage Road (Louis Henna Blvd). This design consists of a roadway, drainage, geotechnical investigation, signal improvements, retaining wall, and SUE/utility relocation coordination. The scope of services related to these services is as described below. SCOPE OF SERVICES TASK 1 — PROJECT MANAGEMENT 1. Project Coordination & 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 related to the supplemental scope items. A design duration of 14 months has been assumed for this proposal. 2. Progress/Coordination Meetings and Status Reports— • KFA will attend regular status meetings with the City to review progress and coordinate upcoming work. Anticipate three meetings following the 60%, 90%, and 100% submittals including meeting preparation and minutes. KFA will also submit monthly status reports to the City documenting progress, budget, and schedule. 3. Project Schedule • Maintain an updated project schedule with tasks, critical dates, and milestones/deliverables. 4. Deliverables • QA/QC Plan • QA/QC Documentation • Monthly Invoices and Progress Reports • Meeting Sign In, Agenda, and Minutes • Project Schedule TASK 2— PRELIMINARY ENGINEERING Environmental Documentation — Raba-Kistner Consultants, Inc. (RKCI) 1. TxDOT Scoping: RKCI will prepare a detailed project description in consultation with CLIENT for use by the TxDOT Core Team and for discussion during the scoping meeting. RKCI will prepare for and attend one kickoff meeting with the 2/28/2022 B-1 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 EXHIBIT B Engineering Services CLIENT, as well as one environmental scoping meeting with TxDOT and CLIENT to identify potential issues, required agency coordination, and to confirm technical studies and documentation that will be required to environmentally clear the project. This task also includes conducting follow up items after the CLIENT kickoff and TxDOT scoping meetings including revisions to scoping documents, preparation of a detailed Project Description and Purpose and Need statement for TxDOT review. RKCI will also assist with the preparation of the Work Plan Development, including drafting project a project description, description of the existing and proposed facility, discussion of the surrounding project area, and responding to questions to determine the appropriate technical analyses. At the request of TxDOT, the Engineer will upload environmental documentation into TxDOT's environmental tracking system (ECOS) for TxDOT review. 2. Archaeological Background Study: The Background Study will consist of a comprehensive review of records that pertain to the proposed project area or Area of Potential Effect (APE). Specifically, during the background study, an RKCI archaeologist will consult the available resources from the Texas Historical Commission (THC), site files, and maps will be examined to gather more detailed information regarding the project area and its immediate vicinity. In addition, aerial photos, topographic maps, geologic maps, and soil survey maps will also be reviewed to provide information on land use, topography, soils, vegetation, geology, and levels of development within the project vicinity. The goal of the background study is to determine the likelihood that the project will impact significant historic cultural resources (prehistoric and historic archeological sites). Significant historic cultural resources may consist of standing structures and/or prehistoric cultural deposits that have the potential to be listed on the National Register of Historic Places and to be formally designated as State Antiquities Landmarks. The desktop study will result in the production of a report, summarizing the resources consulted, the findings of the review, and recommendations regarding any additional field investigations that may be warranted prior to the inception of the development activities. The document will be submitted to the CLIENT to submit for review. Once the CLIENT has reviewed the report, and all comments addressed, RKCI will produce a final version of the background study to submit to TxDOT. The submittal can be done by RKCI. 3. Project Coordination Request (PCR) for Historical Studies: The Historical Background Study will be conducted by a qualified Architectural Historian as defined in 13 TAC §26.4(2). The purpose of the Historical Background Study is to gather information used to prepare the TxDOT's Historical Studies Project Coordination Request (PCR) form. The Architectural Historian will review the area of direct impact (project limits) and 150-feet outside the project limits (indirect effects) within the project limits. During the background study, the TxDOT atlas, called the Historic Districts and Properties of Texas website, will be searched. In addition, the Texas Historic Sites Atlas, maintained by the Texas Historical Commission, will be searched. Historic aerial and topographic maps 2/28/2022 B-2 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT B Engineering Services will be utilized to identify possible historic structures as well as local and online archives, as needed. Additionally, the Architectural Historian will conduct a site visit and photograph resources including representative buildings and structures adjacent to the roadway as well as road features, such as bridges and landscaping, thus providing a representative sample of photographs to satisfy TxDOT requirements for the PCR. Historic age bridges, if any, will receive special attention. 4. The TxDOT Environmental Historical Studies Branch will determine whether the project is cleared for historic resources, or if additional investigations are needed to obtain clearance (e.g. Historic Standing Structures Survey). State and Federal Protected Species Compliance: RKCI will evaluate all pertinent ecological data in order to adequately complete the Species Analysis Form, Species Analysis Spreadsheet, and Documentation of Applicability of Programmatic Consultation with USFWS Form. This will include a review of Endangered Species Act compliance, TPWD Coordination, Bald and Golden Eagle Protection Act, Migratory Bird Protection, and other considerations. Supporting documentation will be provided (e.g. TPWD Natural Diversity Database, USFWS Critical Habitat Map data, USFWS Information for Planning and Consultation, etc.). If requested by TxDOT, RKCI will complete the Form: Documentation of Texas Parks and Wildlife Department Best Management Practices. This work will be conducted by a qualified biologist. 5. Hazardous Materials Initial Site Assessment (ISA): The ISA will be conducted to: 1) identify and assess potentially contaminated sites early in project development; 2) coordinate early with federal/state/ local agencies to assess the contamination and the cleanup needed; and 3) determine and implement measures early to avoid or minimize involvement with substantially contaminated properties. RKCI will complete the ISA and include applicable figures and appendices (e.g. Project Location Map, USGS Topographic Map, Aerial Photograph, and Site Photographs). Requirements for addressing hazardous materials as they relate to the environmental process will be addressed in accordance with TxDOT's Environmental Handbook for Hazardous Materials. 6. Deliverables • TxDOT Environmental Scoping • Archaeological Background Study • Project Coordination Request (PCR) for Historical Studies • TxDOT Environmental Historical Studies • Hazardous Materials Initial Site Assessment (ISA) • RKCI will address comments on all technical reports and documentation through environmental approval, including one round of comments from CLIENT and two rounds of comments from TxDOT. 2/28/2022 B-3 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 EXHIBIT B Engineering Services ROW Surveying— Inland Geodetics, LLC (Inland): 1. Topographic Surveying • The City will provide the Right of Entries (ROE) to Inland prior to the field operations. Inland will address the owners request and comments pertaining to the survey tasks. • Inland will utilize survey datum control as established previously for local, State and County projects in the immediate vicinity of these locations. The values will be reconciled to NAD 83 Texas State Plane Coordinates, Central Zone 4203, US Survey feet. Vertical datum with be GPS Orthometric heights from VRS observations using the Leica SmartNet system. • Inland will establish and densify secondary control as needed for topographic and boundary data gathering procedures. • Inland will perform differential level loops for installation of a benchmark at a strategic locations. • Collect spot elevations along the project route including edges of back of curbs, driveways, visible utilities, drainage structures, centerline of roads, significant trees (8" and up and ornamentals), any other hard surfaced improvements within the defined area, grade breaks, flowlines of watercourses, and other significant features relevant to the project (MH inverts, if any). The collected data will include spot elevations and breaklines sufficient to generate and/or merge to a 1- foot contour interval DTM for the project. • Inland will perform sufficient field and office boundary surveying tasks to prepare one acquisition parcel package to include a metes and bounds description with accompanying survey plat. 2. Deliverables • Spot point data in ASCII format • MicroStation 2D and 3D DGN files • TIN files • List of benchmarks and project control coordinates • Metes and bounds description (one (1) property) Geotechnical Engineering Study— Raba-Kistner Consultants, Inc. (RKCI) 1. Field Work • To explore subsurface soil conditions at this site, RKCI recommends drilling 5 borings to approximate depths of 15 ft below the existing ground surface utilizing a truck mounted drilling rig. Samples will be taken using conventional Shelby tube, split-spoon, and/or NX rock core sampling techniques. The borings will be located in the field utilizing a recreation grade hand-held GPS device. Our scope of service does not include surveying in the boring location. The 2/28/2022 B-4 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT B Engineering Services boreholes will be backfilled with auger cuttings and bentonite and then patched with asphalt and/or concrete. Water level readings will be recorded for the open boreholes during drilling and at drilling completion. If free water is encountered during drilling, the RKCI geologist will temporarily suspend drilling operations and obtain water level measurements in the open borehole at 5-minute intervals over a 15-minute time period. Water level measurements will also be recorded at completion of drilling prior to backfilling the boreholes with the auger cuttings and spoils generated during the drilling operations. Additionally, at least two samples will be manually collected using a shovel and/or hand auger in proposed retaining wall areas in order to confirm that subgrade conditions are similar to those in our borings. Samples collected will be retained in our laboratory for 30 days after submittal of the final geotechnical report. 2. Laboratory Testing • Upon completion of the subsurface exploration, a testing program will be designed to define the strength and classification characteristics of the subgrade soils. The laboratory testing program is anticipated to include moisture content tests, Atterberg Limits (plasticity) tests, and grain size analyses. However, the actual type and number of laboratory tests will be based on the subsurface conditions encountered in the borings. The laboratory testing will be performed in general accordance with applicable ASTM standards 3. Deliverables • Geotechnical Engineering Report - A boring location map and boring logs; - A summary of the field and laboratory sampling and testing program, - A summary of the laboratory test results; - A review of general site conditions including descriptions of the site, the subsurface stratigraphy, groundwater conditions, and the presence and condition of fill materials, if encountered. - Summary of existing pavement thicknesses in our borings; - Retaining wall design recommendations, including: • seismic site class parameters; • expansive, soil-related movements using an empirical method for predicting Potential Vertical Rise (PVR) developed by the Texas Department of Transportation; • methods for reducing expansive, soil-related movements; • available bearing pressures for shallow foundations; • lateral earth pressures for retaining wall structures. - Foundation construction considerations, including: • site drainage; • site preparation; • select fill material specifications; 2/28/2022 B-5 of 11 Docusign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT B Engineering Services • shallow foundation excavations; • • excavation considerations • fill placement compaction. Utility Investigation and Coordination—The Rios Group, Inc. (TRG) 1. Utility Coordination Meetings — KFA and TRG will attend utility coordination meetings with the City and utility owners to relocate facilities which cannot be avoided by reasonable roadway design revisions. A total of five (5) meetings have been assumed for this scope. KFA will prepare sketches as necessary to help facilitate utility relocations. • Coordinate directly with utility owners (including CORR Utilities) to gather as-built information, resolve conflicts identified during the design phase, review utility relocation plans to verify that potential utility conflicts have been resolved, and communicate with utilities to verify that relocations are complete. 2. Utility Conflict Matrix — TRG will review existing utilities, identify potential conflicts, and prepare a utility conflict matrix summarizing conflicts. RIOS will maintain utility conflict matrix throughout design and construction. 3. SUE Quality Level "D" — TRG will depict the following utilities based on available records at the three proposed right turn lane locations: potable water, reclaimed water, chilled water, natural gas/crude oil/refined product pipelines, communication duct banks, fiber optic, cable television, telephone, electric, and wastewater. Additionally, TRG will attempt to depict utility service lines, however, because these lines are often not shown on records TRG cannot guarantee all service lines will be included in the final deliverables. Additionally, TRG will complete an inventory of overhead utilities. Irrigation lines and storm drain lines are excluded from this scope of work. 4. SUE Quality Level "A" Test Holes (As Needed) — TRG will perform up to twenty (20) QL "A" SUE test holes along Frontage Roads as needed in order to determine potential utility conflicts. The limits of the SUE investigation include eastbound SH45 Frontage Road (Louis Henna Blvd), —0.12 miles from 1-35 Frontage Road and —0.20 miles from 1-35 Frontage Road, and the third on the northbound 1-35 Frontage Road (-0.20 miles from SH45 Frontage Road (Louis Henna Blvd). TRG will excavate the test holes at locations determined by the Client and KFA. To layout the test holes, TRG will attempt to designate 10-feet of the target utility on each side of the test hole location. • Assumption - All test holes will be accessible to truck-mounted vacuum excavation equipment. 2/28/2022 B-6 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 EXHIBIT B Engineering Services - Right-Of-Way (ROW) permits from The Texas Department of Transportation (TXDOT) or the City of Round Rock may be required. If needed, TRG will obtain all required permits and ensure that coordination and compliance with the correct entity is provided. - Designed traffic control plans will not be required. - Non-routine traffic control measures will not be required. - The coring of pavement may be required at up to six (6) locations. 4. Deliverables • A utility file in CAD format depicting all depicted and located utilities. It is assumed TRG will be provided with any necessary background files for use in completing the final deliverables. • A summary sheet of all test hole coordinate data and depth information. • 8.5" x 11" Test Hole Data Forms for all test hole locations completed. These plans will be signed and sealed by a Professional Engineer and delivered to the Client in electronic PDF form. • 11" x 17" SUE Plan Sheets depicting all QL"D" and located utilities. These plans will be signed and sealed by a Professional Engineer and delivered to the Client in electronic PDF form. • Utility Conflict Matrix • Utility Owner Contact List • Utility Owner Contact Logs/Emails • Utility Conflict Layout (CAD file) • Utility Relocation Estimate TASK 3 — DESIGN ENGINEERING Construction Plans, Specifications, and Estimate — 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. 1. Miscellaneous Plan Sheets • Title Sheet (1 Sheet) • Index Of Sheets (1 Sheet) • Quantity/Summary Sheets (7 Sheets) - - Summary of Roadway Quantities - Summary of Removal Quantities - Summary of Drainage and Erosion Control Quantities - Summary of Pavement Markings and Traffic Controls Quantities - Summary of Traffic Signal Quantities - Summary of Small Signs • General Notes (2 Sheets) • Horizontal Alignment Data & Survey Control (2 Sheets) 2/28/2022 B-7 of 11 DocuSign Envelope ID:E33835F13-7AE5-47DE-B84A-C9A0E29691 F5 EXHIBIT B Engineering Services • Project Layout (1 Sheet) • Removal Plans (3 Sheets) 2. Traffic Control • Advanced Warning Sheet and Traffic Control Narrative (1 Sheet) • Traffic Control Layouts (8 Sheets) • Traffic Control Standards (14 Sheets) 3. Roadway Plans & Geometry • Typical Sections (4 Sheets) — Existing and Proposed Typical Sections • Roadway Plan and Profile Sheets (3 Sheets) • Intersection Layouts (3 Sheet) • Roadway Standards (5 Sheets) • CrossSections — (10 Sheets) KFA will complete design cross- sections at 50-foot stations and other locations as necessary for the determination of cut and fill quantities and to further refine the design vertical geometry. 4. Drainage Improvements and Details Plans - KFA will not perform drainage analysis and only match the existing design/conditions. Relocation of drainage infrastructure and replacement will be included. • Drainage Replacements and Improvements • Drainage Detail Sheets (10 Sheets) 5. Signing and Pavement Marking Plans • Signing And Pavement Marking Layouts (3 Sheets) • Signing And Pavement Marking Standards (5 Sheets) 6. Traffic Signal Plans (One Location) — Rodriguez Transportation Group, Inc. (RTG) • Estimate And Quantity Sheet - List Of All Bid Items - Bid Item Quantities - Specification Item Number - Pay Item Description and Unit of Measure • General notes and specification data. • Condition diagram - Highway And Intersection Design Features - Roadside Development - Traffic Control Including Illumination - Relevant Regulatory and Warning Signage • Proposed Layout Sheets - Existing Traffic Control That Will Remain (Signs and Markings) 2/28/2022 B-8 of 11 DocuSign Envelope ID:E33835FB-7AE547DE-B84A-C9ABE29591F5 EXHIBIT B Engineering Services - Existing Utilities - Proposed Highway Improvements - Proposed Installation: Poles, Detection, Pull Boxes - Proposed Additional Traffic Controls - Proposed Illumination Attached to Signal Poles. - Proposed Power Pole Source • Wiring & Phasing diagram - Signal Locations - Signal Indications - Phase Diagram - Signal Sequence Table - Electrical Chart • Traffic Signal Elevations • Notes For Plan Layouts • Marking Details • Identify Standard Drawings for Signals • General Requirements - Contact Local Utility Company - Confirm Power Source - Prepare Governing Specifications and Special Provisions List - Prepare Project Estimate 7. Erosion Control Plans 1. Stormwater Pollution Prevention Plan (1 Sheet) 2. Erosion Control Plan Sheets (3 Sheets) 3. Erosion Control Standard Sheets (3 Sheets) 8. Opinion of Probable Construction Cost — KFA will prepare and submit an engineer's opinion of probable construction cost at the 60%, and 90%, 100%/Final submittals to the City. TASK 4—BID PHASE Bid Phase Services & Award — KFA will assist the City of Round Rock with contract administration during the bid phase of the project. 1. 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. 2. Addenda Preparation — KFA will interpret plans and specifications and draft addenda, as necessary, for issuance. One (1) addendum has been assumed for budgeting purposes. 3. 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. 2/28/2022 B-9 of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT B Engineering Services 4. 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. 5. 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 5— CONSTRUCTION PHASE 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 5 months. KFA's services will include: 1. Pre-Construction Conference — KFA will attend a pre-construction conference with the City, Contractor, and other parties as appropriate, and prepare the meeting minutes. 2. 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 (10) meetings/site visits. KFA will prepare and distribute meeting agendas and minutes. 3. 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. 4. Pay Application Review — KFA will review the Contractor's pay application after approval by the City of Round Rock's on-site Inspector and make recommendations for payment. 5. 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 two (2) change orders. 6. 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) RFI's have been assumed. 7. 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. 8. 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 2/28/2022 B-10 of 11 DocuSign Envelope ID:E33835FB-7AE5-470E-B84A-C9A0E29691F5 EXHIBIT B Engineering Services City of Round Rock with one set of reproducible record drawings and provide one set of record drawings in .pdf format. ASSUMPTIONS 1. TxDOT coordination is not expected. 2. TLDR certifications is not expected. 3. Public Involvement is not expected. 4. Water quality and detention design is not included in this proposal. The project is within the Edwards Aquifer Transition Zone and flows away from the Recharge Zone. It is not anticipated that a WPAP to TCEQ will be required. 5. TxDOT technical specifications will be used. 6. Utility design other than relocation of hydrant leads or valve and manhole adjustments are not included with this proposal. KFA will coordinate with utility companies for relocations through the City's Utility Coordination Meetings. 7. The following environmental items are excluded from this proposal: • Pedestrian survey • National Register of Historic Places (NRHP) eligibility testing • Texas Historic Commission (THC) permits • TxDOT Categorical Exclusion Support 8. Construction materials testing and inspection services are not included. 9. Traffic Signal Warrants are not included in this scope. 10. Illumination, except luminaires included on the traffic signal poles, is not included with this proposal. 2/28/2022 B-I I of 11 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT C Work Schedule Attached Behind This Page DocuSign Envelope ID'.E33815FB-7AE5-47DE-884A-C9A0E29691F5 Exhibit C 1-35&SH 45 Frontage Rd Turn Lanes Schedule ID (Task Name Calendar (Start !Finish 2023 Days Aer I May I Jun I Jul I Aua I See ( Oct I Nov I Dec Jan I Feb I Mar I Aar I Mav ( Jun I Jul I Aug. I S-•__ Project Summary 529 days Mon 4/4/22 Thu 9/14/23 2 NTP 1 day Mon 4/4/22 Mon 4/4/22 N 3 Closeout 7 days Fri 9/15/23 Thu 9/21/23 -N 4 Project Management 529 days Mon 4/4/22 Thu 9/14/23 a '1 5 NTP 1 day Mon 4/4/22 Mon 4/4/22 11 6 Project Coordination 529 days Mon 4/4/22 Thu 9/21/23 and Administration 7 preliminary Engineerini 105 days Tue 4/5/22 Mon 7/18/2;i r 8 Environmental 42 days Tue 4/5/22 Mon Documentation 5/16/22 9 Archaelogical 42 days Fri 6/3/22 Thu 7/14/22 IMEMINEMEN Background Study 10 Project Coordination 42 days Fri 6/3/22 Thu 7/14/22 Request(PCR)for Historical Studies 11 Hazordous Materials 42 days Tue 5/24/22 Mon 7/4/22 V lnitail Site Assessment(ISA) 12 ROW Survey 21 days Tue 4/5/22 Mon 4/25/22 13 ROW Office Work 24 days Tue 4/26/22 Thu 5/19/22 14 Geotechincal Field 3 days Tue 4/5/22 Thu 4/7/22 Work 15 Geotechincal Field 21 days Fri 4/8/22 Thu 4/28/22 Lab Work and 16 QL 0 Records 42 days Tue 5/17/22 Mon V Research and 6/27/22 17 QL A Field Work 18 days Fri 6/10/22 Mon 6/27/22 18 QL A Deliverable 21 days Tue 6/28/22 Mon 7/18/22 19 Design Engineering 246 days Mon 5/23/22 Mon 1/23/4 20 60%Plans, 82 days Mon 5/23/22 Fri 8/12/22 Specifications,and Estimate 21 City Review and 21 days Tue 8/16/22 Mon 9/5/22 Comment 22 Comment 1 day Tue 9/6/22 Tue 9/6/22 Resolution Meeting Task ammili Project Summary 1 I Manual Task EMIINNMMEN111 Start-only L Deadline 4 Project.1-35&SH 45 Frontage Roads Turn Lanes Spirt Inactive Task Duration-only 1MM Finish-only J Progress Date:Mon 2/28/22 Milestone ♦ Inactive Milestone Manual Summary Rdlup miala=m External Tasks Manual Progress Summary Inactive Summary I I Manual Summary 1. 1 External Milestone C-1 of 2 DocuSign Envelope ID:E33835F8-7AE5-47DE-684A-C9A0E29691F5 Exhibit C 1-35&SH 45 Frontage Rd Turn Lanes Schedule ID Task Name Calendar Start Finish 2023 Days Apr I May I Jun 1 Jul I Aug I I Oct I Nov I Dec Jan I Feb I Mar I AD! I Mlly 1 Jun 1 Jul I Asia I Sea I. 23 90%Plans, 58 days Wed 9/7/22 Thu 11/3/22 Sppecifications,and Estimate 24 City Review and 19 days Mon 11/7/22 Fri 11/25/22 TIMM- Comment 25 Comment 1 day Mon 11/28/22 Mon Resolution Meeting 11/28/22 26 100%Plans, 42 days Fri 11/4/22 Thu Sppecifications,and 12/15/22 Estimate 27 City Approval and 36 days Mon 12/19/22 Mon IMMONENV Finalization 1/23/23 28 Bidding Phase 60 days Tue 1/24/23 Fri 3/24/231 a 1 29 Advertise 35 days Tue 1/24/23 Mon 2/27/23 30 Pre-Bid Meeting 1 day Thu 2/9/23 Thu 2/9/23 i11 31 Bid Opening 1 day Wed 3/1/23 Wed 3/1/23 32 Bid Recommendatior 1 day Fri 3/3/23 Fri 3/3/23 33 Award 19 days Mon 3/6/23 Fri 3/24/23 34 Itionstruetion Phase 198 days Wed 3/8/2 Thu 9/21/a t I 35 Pre-Construction 1 day Wed 3/8/23 Wed 3/8/23 Meeting 36 Construction 184 days Mon 3/13/23 Tue 9/12/23 141, 37 Substantial 1 day Thu 9/14/23 Thu 9/14/23 Completion 38 Closeout 7 days Fri 9/15/23 Thu 9/21/23 Task IIIMIIIMIIIIIMIIIII Project Summary I-1 Manual Task 11111111111111111111111N Start-only C Deadline Project 1-35&SH 45 Frontage Roads Turn Lanes spin Inactive Task Duration-only IIIIIIIIIINNINII Finish-only ] Progress Date:Mon 2/28/22 Milestone ♦ Inactive Milestone Manual Summary Rollup External Tasks .:t 1;r'sr•*^,—,' Manual Progress Summary 11 Inactive Summary 1 I Manual Summary Ill External Milestone • C-2 of 2 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 EXHIBIT D Fee Schedule Attached Behind This Page DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 I-35 SH 45 Frontage Rd Turn lanes Exhibit D Overall Fee Breakdown SHEETS( TASK UNITS KFA RKCI(GEO) RKCI(ENV) TRG RIG INLAND Total Labor Cost TASKI-PROJECT MANAGEMENT I TAS'Ri SUBTOTAL= S 23,516.78 I.Project Coordination&Administration(12 Months) 12 $ 7,610.00 $ 175.00 $ - $ - $ 1,446.72 $ 1,652.00 $ 10,883.72 2.Progress/Coordination Meets and Status Reports(12 Reports and 4 Meetings) 12 $ 6,350.00 $ 87.50 $ - $ - $ 3,258.06 S - S 9.695,56 3.Project Schedules(4 Updates) 4 $ 2,850.00 $ 87.50 $ - $ - S - S - $ 2,937,50 TASK 2-PRELIMINARY ENGINEERING TASK 2 SUBTOTAL= S 93,326.38 Environmental Documentation I I.TxDOT Scoping $ 1,400.00 $ - S 7,813.00 $ - $ - $ - $ 9.213.00 2.Archeological Background Study $ - $ - $ 12,066.00 $ - $ - $ - $ 12,066.00 3.Project Coordination Request(PCR)for Historic Studies $ - S - $ 6,496.00 $ - $ - S - $ 6,496.00 4.TxDOT Environmental Historical Studies $ - $ - S 5,372.00 S - S - $ - S 5,372,00 5.Hazardous Materials Initial Site Assessment(ISA) $ - $ - $ 8,109.00 $ - $ - S - S 8,109,00 ROW Surveying $ 1,940.00 $ - S - $ - S - $ - $ 1.940.00 I.Survey Controls $ - $ - $ - $ - $ - $ 528.00 $ 528.00 2.Survey Levels $ - S - $ - $ - $ - $ 102.00 $ 102.00 3.Topogaphic Survey $ - $ - S - $ - $ - S 3,918.00 $ 3,918.00 4.ROW Research $ - $ - $ - S - $ - $ 408.00 $ 408.00 5.ROW Survey $ - $ - S - $ - S - $ 324.00 $ 324,00 6.Boundary Survey(One(I)Parcel) _ $ - $ - $ - S - $ - S 2,121.00 $ 2,121.00 Geotechnical Engineering Study S 450.00 $ - $ - $ - $ - $ - $ 450.00 I.Field Work $ - $ - $ - $ - $ - $ - $ - 2.Laboratory Testing $ - $ 432.00 S - $ - $ - $ - S 432.00 3.Report Preperations $ 2,319.00 $ - $ - $ - S - $ 2,319.00 Utility Investigation and Coordination $ 3,130,00 $ - $ - $ - S - $ - $ 3,130.00 I.Subsurface Utility Engineering-Quality Level D S - $ - $ 3,731,30 $ - $ - $ 3.731.30 I.Subsurface Utility Engineering-Quality Level A Test Holes(As Needed) 20 $ - $ - $ 3,186.96 $ - $ - $ 3,186.96 2.Utility Coordination Initial(Kick-O(1)Project Meeting for Utilities 1 $ - $ - $ 1,056.84 $ - $ - $ 1,056.84 Prowess Meetings(Assumes 5 individual utility meetings and 3 group meetings) 8 $ - S - $ 7,628.10 $ - $ - S 7,628.10 Prepare and Maintain Utility Contact List $ - $ - $ 360.00 $ - $ - $ 360.00 Coordination with Design Team,ROW,City,and Utility Owners $ - $ - $ 8,202.62 $ - $ - $ 8,202.62 Coordination with Reimbursable Utility Owners _ $ - $ - S 2,240.00 $ - $ - $ 2.240.00 Review of Utility Relocation Plans $ - S - S 3,920.00 $ - $ - S 3,920.00 Create and Maintain Utility Conflict Matrix and CAD File 1 $ - $ - $ 3.512,56 $ - S - $ 3,512.56 Cmmnunieate with Utility Owners to Verify That Relocations Are Complete I $ - $ - S - S 2,560.00 S - S - $ 2,560,00 TASK 3-DESIGN ENGINEERING TiISK 3 SUBTOTAL= S 131,3(19.66 Construction Plans.Specifications,and Estimate I.Miscellaneous Plan Sheets Title Sheet $ 1,205.00 $ - $ - _ S - , $ - $ - $ 1,205.00 Index Of Sheets S 960.00 $ - $ - $ - $ - $ - $ 960.00 Summary of Roadway Quantities S 1.580,00 $ - $ - $ - S - $ - $ 1,580.00 Summary of Removal uantities $ 830.00 $ - S - $ - r $ - S - $ 830.00 Summary of Drainage and Erosion Control Quantities $ 520.00 $ - $ - _ $ - $ - $ - S 520.00 Summary of Pavement Markings and Traffic Controls Quantities $ 1,050.00 $ - $ - $ - $ - $ - $ 1,050.00 Summary of Traffic Signal Quantities $ 520.00 $ - $ - $ - $ - $ - $ 520.00 Summary of Small Signs $ 1,885.00 $ - S - $ - _ $ - S - $ 1,885.00 General Notes 2 $ 1.770,00 $ - $ - S - S - $ - $ 1,770.00 Horizontal Alignment Data&Survey Control 2 $ 1,010.00 $ - $ - $ - $ - S - $ 1,010.00 Project Layout 1 $ 2,375.00 $ - S - $ - $ - S - $ 2,375.00 Removal Plans _ 3 $ 3.930.00 $ - S - $ - $ - S - $ 3,930.00 2.Traffic Control Plans $ - D-1 of 9 DocuSign Envelope ID:E33835FB-7AE5-470E-1384A-C9A0E29691 F5 1-35 SH 45 Frontage Rd Turn lanes Exhibit D Overall Fee Breakdown SHEETS/ TASK UNITS KFA RKCI(GEO) RKCI(ENV) TRG RTG INLAND _ _ _ _ I I I Total Labor Cost Advanced Warning Sheet and Traffic Control Narrative I $ 3,110.00 $ - $ - $ - $ - $ - $ 3,110.00 Traffic Control Sheets 6 $ 9,230.00 $ - $ - $ - $ - $ - $ 9,230.00 Traffic Control Standards 14 $ 1,380.00 $ - $ - $ - $ - $ - $ 1,380.00 3.Roadway&Geometry Plans $Typical Sections 4 $ 6,010.00 $ - $ - $ - $ - $ - $ 6,010.00 Roadway Plan and Profile Sheets 3 $ 16,160.00 $ - $ - $ - $ - $ - $ 16,160.00 Intersection Layouts 3 $ 6,670.00 $ - $ - $ - $ - $ - $ 6,670.00 Roadway Standards 5 $ 1,160.00 $ $ - $ - $ - $ - $ 1,160.00 Cross-Sections(50-ft and Key Stations) 10 $ 10,880.00 $ - $ - $ - $ - $ - $ 10,880.00 4.Drainage Improvements&Details $ - Drainage Detail Sheets 10 $ 1,380.00 $ - $ - $ - $ - $ - $ 1,380.00 5.Signing and Pavement Marking Plans $ - SigningAndPavementMarkingLayouts 3 $ 6,130.00 $ - $ - $ - $ - $ - $ 6,130.00 Signing And Pavement Marking Standards 5 $ 1,380.00 $ - $ - $ - $ - $ - $ 1,380.00 6.Traffic Signal Plans $ - Traffic Signal Smrunasy Sheets I $ - $ - $ - $ - $ 6,636.80 $ - $ 6,636.80 Traffic Signal Sheets 2 $ - $ - $ - $ - $ 27,132.64 $ - $ 27,132.64 Traffic Signal Standards 10 $ - $ - $ - $ - $ 1,880.22 $ - $ 1,880.22 7.Erosion Control Plans $ - StonnwaterPollntionPreventionPlan(SWPPP) I $ 2,735.00 $ - $ - $ - $ - $ - $ 2,735.00 Erosion Control Plan Sheets 3 $ 5,390.00 $ - $ - $ - S - $ - $ 5,390.00 Erosion Control Standard Sheets 3 $ 1,380.0D $ - $ - $ - $ - $ - $ 1,380.00 8.Opinion of Probable Construction Cost(3 Submittals) 3 $ 5,030.00 $ - $ - $ - $ - $ - $ 5,030.00 TASK 4-BID PRASE I TASB3 SUBTOTAL— $ 14,10000 Bid Phase Services&Award _ I.Pre-Bid Conference I $ 4,220.00 $ - $ - $ - $ - $ - S 4.220.00 2.Addenda Preparation I $ 3,780.00 $ - $ - $ - $ - $ - $ 3,780.00 3.Bid Opening and Review I $ 3,120.00 $ - $ - $ - $ - $ - $ 3,120.00 4:Contract Award I $ 1,615.00 $ - $ - $ - $ - S - $ 1,615.00 5.Conforming Documents I S 1,365.00 $ - $ - $ - $ _ - $ - $ 1,365.00 TASK 4-CONSTRUCTION PRASE _ II _ TASK SUBTOTAL= S 30,470.00 Construction Phase Services I.Pre-Construction Conference I $ 2,450.00 $ - $ - $ - $ - $ - $ 2,450.00 2.Progress Meetings and Site Visits 4 $ 6,780.00 $ - $ - $ - $ - S - _ $ 6.780.00 3.Submittal Review 6 $ 4,250.00 $ - $ - $ - $ - S - $ 4,250.00 4.Pay Application Review 6 S 4.350.00 $ - $ - $ - $ - $ - $ 4.350.00 5.Preparation of Change Orders 2 S 4,620.00 $ - $ - $ - $ - $ - $ 4,620.00 6.Requests for Information(RFIs) 5 S 5,790.00 $ - $ - $ - $ - $ - $ 5,790.00 7.Contract Close-Out I S 1,150.00 $ - S - $ - $ - $ - $ 1,150.00 8.Record Drawing 1 S 1,080.00 $ - 3 - $ - $ - $ - $ 1,080.00 TIME&MATERIALS LABOR COST S 163,960.00 S 3,101.00 S 39,856.00 S 36,398.38 $ 40,35444 S 9,053.00 $ 292,722.82 TIME&MATERIALS EXPENSES S 537.28 $ 9,223.20 $ 357.50 $ 36,410.00 $ - S 10,440.00 $ 56,967.98 TOTAL PROJECT COST S 164,497.28 $ 12,324.20 $ 40,213.50 $ 72,808.38 $ 40,354.44 S 19,493.00 S 349,690.80 D-2 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 1-35 SIT 45 Frontage Rd Turn lanes Exhibit D K Friese+Associates Fee Breakdown SHEETS/ PROJECT SENIOR TASK UNITS PRINCIPAL MANAGER ENGINEER ENGINEER EIT SR.CADD CADD ADMIN Hourly Rate:. $ 250.00 5225.00 $200.00 $150.00 $110.00 $110.00 $100.00 $90.00 Sub Total Ilr/Unit KEA Labor K Friar&Associates,Inc Hours Hours Cost TASK I-PROJECT MANAGEMENT _ PAM SUBTOTAL=. $ 16,810.00 I.Project Coordination&Administration(12 Months) 12 _ 4 14 - 8 10 4 40 3.3 $ 7,610.00 2.Progress/Coordination Meets and Status Reports(12 Reports and 4 Meetings) 12 2 18 12 - 32 2.7 $ 6,350,00 3.Project Schedules(4 Updates) 4 2 6 8 16 4.0 $ 2,850.00 TASK 2-PRELIMINARY ENGINEERING _ $ 6,920.00 Environmental Documentation I.TxDOT Scoping 2 4 6.0 6.0 $ 1,400.00 2.Archeological Background Study . $ - 3.Project Coordination Request(PCR)for Historic Studies $ - 4.TxDOT Environmental Historical Studies _ $ - 5.Hazardous Materials Initial Site Assessment(ISA) • $ - _ ROW Surveying 4 4 4 12 $ 1,940.00 I.Survey Controls 2.Survey Levels $ 3.Topographic Survey $ - 4.ROW Research $ - S.ROW Survey . $ - 6.Boundary Survey tOne(I)Pared) $ fleoteclsnical Engineering Study 2 2 $ 450.00 I.Field Work $ - 2.Laboratory Testing _ - 3.Report Preperations . $ - _ Utility Investigation and Coordination . 6 6 8 20 $ 3,13000 I.Subsurface Utility Engineering-Quality Level D $ - I.Subsurface Utility Engineering-Quality Level A Test Holes(As Needed) 20 ' $ - 2.Utility Coordination • $ - Initial(Kick-Off)Project Meeting for Utilities 1 $ - Progress Meetings(Assumes 5 individual utility meetings and 3 group meetings) 8 $ - PrepareandMaintainUtilityContaetList $ - Coordination with Design Team,ROW,City,and Utility Owners $ - Coordination with Reimbursable Utility Owners $ - Review of Utility Relocation Plans $ - Create and Maintain Utility Con0ict Matrix and CAD File 1 . • $ - CommunicatewithUtilityOwnerstoVerifyThatRelocationsAreComplete 1 $ - TASK 3-DESIGN ENGINEERING _ _ $ 95,660.00 Construction Plans,Specifications,and Estimate I.Miscellaneous Plan Sheets Title Sheet 1 1 3 2 1 8.0 8.0 $ 1,205.00 Index Of Sheets 2 3 1 6,0. 6.0 $ 960.00 Summary of Roadway Quantities 2 I 4 2 1 10,0 10.0 $ 1,580.00 Summary of Removal Quantities 1 2 2 I 6.0 6.0 $ 830.00 Summary of Drainage and Erosion Control Quantities 2 2 4.0 4.0 $ 520.00 Summary of Pavement Markings and Traffic Controls Quantities I 2 4 1 8.0 8.0 $ 1,05000 Summary of Traffic Signal Quantities 2 1 1 4.0 4.0 $ 520.00 Summary ofSmall Signs 1 2 4 6 13.0 13.0 $ 1,88500 General Notes 2 2 4 2 2 10.0 5.0 $ 1,77000 Horizontal Alignment Data&Survey Control . . 2 I _ 1 4 2 8.0 4.0 $ 1,01000 Project Layout I I 2 8 4 1 160 16.0 $ 2,375.00 Removal Plans 3 2 4 12 6 2 26.0 8.7 $ 3,930.00 2.Traffic Control Plans $ Advanced Warning Sheet and Traffic Control Narrative 1 2 4 8 4 2 20.0 20.0 $ 3,11000 Traffic Control Sheets 6 2 4 18 36 12 72.0 12.0 $ 9,230.00 Traffic Control Standards 14 1 2 4 4 11.0 0.8 $ 1,380.00 3.Roadway&Geometry Plans $ - Typical 8 Roadway Plan and Profile Sheets - - . . - 3 I 12 8 I 32 I '36 I '10 I I 80 36.0 $ 16,16000 D-3 of 9 DecoSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 1-35 SH 45 Frontage Rd Turn lanes Exhibit D K Friese+Associates Fee Breakdown SHEETS/ PROJECT SENIOR TASK UNITS PRINCIPAL MANAGER' ENGINEER ENGINEER EIT SR.CADD CADD ADMIN Hourly Rate: S 250.00 S225.00 $200.00 $150.00 $110.00 $110.00 $100.00 $90.00 Sub Total Hr/Uoit KFA Labor K Friese&Associates,Inc. Hours Hours _ Cost Intersection Layouts 3 2 6 10 - 24 8 50.0 16.7 $ 6,670.00 Roadway Standards - 5 1 2 4 2 9.0 1.8 $ 1,160.00 Cross-Sections(50-O and Key Stations) 10 4 10 18 36 12 80.0 8.0 $ 10,880,00 4.Drainage Improvements&Details $ - Drainage Detail Sheets 10 I I 1 I 2 I 4 I 4 I I 110 1.1 $ 1,380,00 5.Sipning and Pavement Marking Plans $ - SigninµAndPavementMarkingLayouts 3 2 4 12 20 8 46.0 15.3 $ 6,130.00 Signing And Pavement Marking Standards 5 1 2 4 4 11,0 2.2 $ 1,380.00 6.Traffic Signal Plans $ - Traffic Signal Summssy Sheets 1 $ - Traffic Signal Sheets 2 $ - _ Traffic Signal Standards 10 $ _ - 7.Erosion Control Plans - - _ - $ - Stormwatcr Pollution Prevention Plan(SWPPP) 1 I 2 _ 6 IO 1 20.0 20.0 S 2,735,00' Erosion Control Plan Sheets 3 2 4 10 16 8 40.0 13.3 $ 5,39000 Erosion Control Standard Sheets 3 I 2 4 4 11.0 3.7 $ 1,380.00 - 8.Opinion of Probable Construction Cost(3 Submittals) 3 2 ' 2 4 16 8 I 32.0 10.7 S 5,030.00 TASK 4-BID PHASE S 14,100.00 Bid Phase Services&Award $1.Pre-Bid Conference I 4 4 8 12 28.0 28.0 $ 4222000 2.Addenda Preparation - 'I - 4 4 8 8 24.0 24.0 $ 3,78000 3.Bid Opening and Review _ 1 4 4 . 8 2 18.0 18,0 $ 3,120.00 4,Contract Award _ 1 . 1.. I -. 2 2 4 .. 10.0 10.0 $ _1,615.00 5.Conforming Documents 1 1 2 2 4 9.0 9.0 $ 1,36500 TASK 4-CONSTRUCTION PHASE $ 30,470.00 Construction Phase Services $ - . I.Pre-Construction Conference 1 2 4 8 14.0 14,0 $ 2,450.00 2.Progress Meetings and Site Visits 4 12 4 16 8 40.0 10.0 $ 6,780.00 3.Submittal Review 6 - 2 _ 10 12 24.0 40 ' $ 4,250.00 4.Pay Application Review 6 6 12 4 22.0 3.7 $ 4,350.00 5.Preparation of Change Orders 2 4 6 8 12 30.0 15.0 $ 4.620.00 6.Requests for Information(RFIs) 5 6 12 24 42.0 8 4 $ 5,790.00 7.Contract Close-Out I 1 4 5.0 5.0 $ 1,150.00 8.Record Drawings 1 _ 4 2 6.0 6.0 $ 1,080.00 TOTALS I w.ma-host HOURS: 12 144 152 323 350 97 6 ca®r..-t.o.+ LABOR COST: $ 3,000 $ 32,400 $ 30,400 S 48,450 $ 38,500 $ 10,670 $ - $ 540 I$ 163,960.00 1.1% 13.3% 14.0% 29.8% 32.3% 8.9% 0.6% 1$ 163,960,00' TIME AND MATERIALS EXPENSES: Copies: Reproduction 200 Copies $0.20 per copy S40.00 Misc Expenses: • Milage 888 Miles $0.56 per mile $497.28 TOTAL EXPENSES: I I I I I I I$ 537.28 "TOTAL PROJECT COST:I Y $ 164,497.28 D-4 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 I-35 SH 45 Frontage Rd Turn lanes Exhibit D Raba-Kistner(Geotechnical)Fee Breakdown SHEETS/ PROJECT PROJECT GRADUATE TASK UNITS MANAGER ENGINEER ENGINEER LOGDRAFT CADD ADMEN Hourly Rate: . S175.00 S150.00 $108.00 S108.00 S90.00 S67.00 Sub Total Hr/Unit RKCI Labor Raba-Kistner Consultants,Inc, Hours (tours Cost _ TASK 1-PROJECT MANAGEMENT PM SUBTOTAL= S 350.00 I.Project Coordination&Administration(12 Months) 12 I 1 0.1 $ 175.00 2.Progress/Coordination Meets and Status Reports(12 Reports and 4 Meetings) 12 0.5 0.5 0.0 $ . 87.50 3.Project Schedules(4 Updates) 4 I 0.5 0.5 0.1 $ 87.50 TASK 2-PRELIMINARY ENGINEERING $ 2,751.00 Geotechnical Engineering Study 1.Field Work I $ - 2.Laboratory Testing I 2 2 4 $ 432.00 3.Report Preperations I I 5 10 2 2 20 $ 2,319.00 TOTALS ammo.-ze IIOURS: 3 5 12 2 2 2 ct.,.,mut-se LABOR COST: $ 525.0 $ 750.0 $ 1,296.0 $ 216.0 S 180.0 $ 134.0 $ 3,101.00 11.5% 19,2% 46.2% 7.7%.. 7.7% 7.7% S 3,101.00 TIME AND MATERIALS-EXPENSES: Field Operations Mobilization of Rig(Min Charge) 1 LS $800.00 Lump Sum $800.00 Soil Angering 50 LF $18.00 Per LF $900.00 Nx Core Drilling-Soft Rock 25 LF $37.00 Per LF $925.00 Field Penetrations SPT 20 EA $26.00 Each $520.00 Bentonite/Grout Backfill 5 Bag $4.00 Per Bag $20.00 Concrete/AC Patch 5 EA $74.00 Each $370.00 Driller Standby 3 Hrs $258.00 Per Hour $774.00 Laboratory Tests Attcrberg Limits 5 EA $95.00 Each $475.00 Moisture Content(at 5 R intervals) 30 EA $15.00 Each S450.00 Minus 200-mesh Sieve 2 EA $65.00 Each $130.00 Unconfined Compression(Soil) EA $49.00 Each Unconfined Compression(Rock) EA $59.00 Each Misc Expenses: Traffic Control(Full Lane Closure) I Day $1,721.20 Per Day $1,721.20 Staking(Geologist) 8Hrs S145.00 Per Hour $1,160.00 Logging(Geologist) 10 Hrs $85.00 Per Hour $850.00 Logger Truck(Local) 2 Day $64.00 Per Day $128.00 TOTAL EXPENSES: I I I I $ 9,223.20 TOTAL PROJECT COST:I II $ 12,324.20 D-5 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 1-35 SD 45 Frontage Rd Turn lanes Exhibit D Raba-Kistner(Environmental)Fee Breakdown MEETS EMS Senior PM Senior ambno PmC T5,2..1 TASK UNITS Dimtar NEPAMR Em1R1st Env Srka,Xl Ene.Scientist PI,Aob inv.Sacra t GIs Aotlnt Pn.S.Aieos Arch Mumar I761m.m Editor ADMIX Hourly Rile: $100.00 5139.00 512600 5106.00 595,00 5140.00 S75,00 50500 510500 500.00 500.00 5130.00 S66,00 567.00 Sob Total Hr/Unit RKCI Labor Raba-KGmv Consultants,Inc. _ Hour, Hours Coat _ TASK 2-PRELIMINARY ENGINEERING 39.85600 Environmental Ikcwnenmlion I.TxiOT S.... - 1 3 l0 59U 7,013.00 2.ArtbeoWyml 11ae4Ymund Souls I 30 26 34 2 II0.0 12,0566,00 3.Pro.eclCmu,Imoiion Rmued(PCR)for His..Stadler 1 4U 2 52.0 6496.00 4.12,00T Lovitonmenial llinmienl Studio 1 0 30 2 610 5,37E00 5.I lwarduw Materials Imasl U.Aoxamool(ISA) I 1 60 2 75 8,I0YW TOTALS ''OURS: 1 4 I 1 60 8 30 38 9 26 34 111 II1 8 rrrun.+ LABOR COST; $ .384 S .533 S 126 5 6.360 5 7611 $ 5,320 $ 2,8511 S 2.465 5 2.7311 5 2.720 $ 880 S 5.200+5 528 5 - 5 39,886.00 S.% 13.% 0.3% 16.1% 2.2% 10.6% 10.6% 0.% 7.2% 9-I% 2.0% 11.2% I 2.2% 5 39,tl56UU TIME AND MATERIALS EXPENSES: I Field Operations Vehicle 1 Day 57000 Per Day $70.00 Copin: MOe Eapmm, GroSearth I Lump Sum 5287.50 Lump Sum 5207.50 TOTAL EXPENSES:: IS 357.60 TOTAL PROJECT COST.I S 40,213.50 D-6 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 1-35 SH 45 Frontage Rd Turn lanes Exhibit D The Rios Group Fee Breakdown • • SHEETS/ PROJECT ASSISTANT FIELD SR.UTILITY UTILITY TASK UNITS PRINCIPAL MANAGER PhD EIT CADO ADORN MANAGER COORDINATOR COORDINATOR Hourly Rate: $252A0 S136.84 $9123 I $79.07 I $83.63 $10339 S160.00 $120.00 Sub Total lir/Unit TRG Labor The Rios Group,Inc. - Hours Hours Cost TASK 2-PRELIMINARY ENGINEERING $ 36,398.38 Utility Investigation and Coordination I ! $ - I.Subsurface Utility Engineering-Quality Level D 3 8 6 10 4 2 33 $ 3,731.30 I.Subsurface Utility Engineering-Quality Level A Test Holes(As Needed) 20 2 4 6 8 4 6 30 $ 3,186.96 2.Utility Coordination $ - Initial(Kick-Of0 Project Meeting for Utilities I I 2 5 8 $ 1,056.84 Progress Meetings(Assumes 5 individual utility meetings and 3 group meetings) 8 2 6 16 36 60 $ 7.628.10 Prepare and Maintain Utility Contact List 3 3 $ 360.00 Coordination with Design Team,ROW,City,and Utility Owners 2 6 4 16 . 38 66 $ 8,202 62 Coordination with Reimbursable Utility-Owners 8 8 16 $ 2,240.00 Review of Utility Relocation Plans 8 22 30 $ 3,920.00 Create and Maintain Utility Conflict Matrix and CAD File 1 8 6 16 30 $ 3,512.56 Communicate with Utility Owners to Verify That Relocations Are Complete 1 4 16 20 $ 2,560.00 TOTALS ..°r..o Ds HOURS: 1 5 17 1 38 1 I 8 I 60 I 144 ca�rw°v+. LABOR COST: $ 1,262 $ 2,326 $ 1,095 $ 3,005 $ ,004 $ 827 $ 9,600 $ 17,280 $ 36,39838 1.7% 5.7% 4.1% 12.8% • 4.1% 2.7% 203% 48.6% �,$ 36,39838 TIME AND MATERIALS EXPENSES: Field Operations One Designating Person-TH Layout 20 Hrs $136.50 Per Hr $2,730.00 QL"A"SUE-0-5 feet 11 EA $1,155.00 Each .$12,705.00 QL"A"SUE-5-8 feet 6 EA $1,420.00 Each $8,520.00 QL°A°SUE-8-13 feet 3 EA $1,785.00 Each $5 355 00 QL°A°SUE-13-20 feet EA $2,310.00 Each 'Pavement Coring 6 EA $350.00 Each $2,100.00 Test Hole Survey 2 Day $2,500.00 Day $5,000.00 TOTAL EXPENSES: I I I I I I $ 36,410.00 TOTAL PROJECT COST:1 V $ 72,808.38 D-7 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 1-35 SH 45 Frontage Rd Turn lanes Exhibit D Rodriguez Transportation Group Fee Breakdown SHEETS/ PROJECT SENIOR PROJECT DESIGN TASK UNITS MANAGER ENGINEER ENGINEER ENGINEER EIT SR.CADD CADO CLERICAL Hourly Raze: $ 223.90 $19510 I $157.88 $132.05 $100.47 $114.82 $88.99 $68.89 Sub Total Hr/Unit RTG Labor Rodriguez Transportation Group,Inc Hours Hours Cost TASK I-PROJECT MANAGEMENT PM.SUI3TOTAL= S 4,704.M ' I.Project Coordination&Administration(12 Months) 12 4 8 12 I 1.0 $ 1,446.72 2.Progress/Coordination Meets and Status Reports(12 Reports and 4 Meetings) 12 2 5 5 2 2 8' 24 10 $ 3,258.06 TASK 3-DESIGN ENGINEERING $ 35,649.66 6.Traffic Signal Plans $ Traffic Signal Summary Sheen 1 2 2 8 16 I 16 4 4 52.0 52.0 $ 6,636.80 Traffic Signal Sheets 2 4 12 60 40 24 40 24 204.0 102.0 $ 27,132.64 Traffic Signal Standards 10 1 I I 2 4 4 2 15.0 1.5 $ 1,880.22 TOTALS u..T.w-wr HOURS: 13 20 74 60 1 44 50 30 16 rd...r..-an LABOR COST: $. 2,911 S 3,904 $ 11,683 $ 7,923 S 4,421 $ 5,741 $ 2,670 $ 1,102 $ 40,354.44 4.2% 6.5% 24.1%, 19.5% 143% 163% 9.8% 5.2% $ 40,354.44 TIME AND MATERIALSEXPENSES:IN/A I 1 I I I I U. TOTAL EXPENSES: I 1 I I I I S - TOTAL PROJECT COST;I V S 40,354.44 D-8 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691 F5 I-35 SH 45 Frontage Rd Turn lanes Exhibit D Inland Geodetics Fee Breakdown I SHEETS/ PROJECT TASK UNITS MANAGER RPLS SR.TECH TECH LSIS ADMIN Hourly Rate: $165.00 $162.00 5102.00 I $118.00 I $175.00 I $58.00 Sub Total Hr/Unit INLAND Labor Inland Geodetics,LLC Hours Cost_ TASK 1-PROJECT MANAGEMENT PM SUBTOTAL= $ 1,652.00 I.Project Coordination&Administration(12 Months) 12 4 2 2 8 16 I 1.3 $ 1,652.00 -TASK 2-PRELIMINARY ENGINEERING $ 7,401.00 ROW Surveying I.Survey Controls 1 2 2 4 $ 528.00 2.Survey Levels - - - I - 1 $ 102.00 3.Topographic Survey 2 2 32 36 $ 3,918.00 4.ROW Research 4 4 $ 408.00 5.ROW Survey 2 2 $ 324.00 6.Boundary Survey(One(I)Parcel) 1 _ 2 16 19 $ 2,121.00 TOTALS R T,el-ex HOURS: 7 10 57 8 em.erma-es LABOR COST: $ 1,155 $ 1,620 $ 5,814 $ - $ - $ 464 $ 9,053.00 8.5% 12.2% 69.5% 9.8% . $ 9,053.00 TIME AND MATERIALS EXPENSES: Field Operations 2-Person Crew 32 Hrs $160.00 Per Hr $5,120.00 3-Person Crew 8 Hrs $185.00 Per Hr $1,480.00 4-Person Crew Hrs 5205.00 Per Hr 1-OPS 32 Hrs $120.00 Per Hr $3,840.00 TOTAL EXPENSES: I I 1 I I I. I $ 10,440.00 TOTAL PROJECT COST: $ 19,493.00 D-9 of 9 DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-I 9A0E29691 F5 EXHIBIT E Certificates of Insurance Attached Behind This Page DocuSign Envelope ID:E33835FB-7AE5-47DE-B84A-C9A0E29691F5 • AC D CERTIFICATE OF LIABILITY INSURANCE DA a232Drrn 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER Risk Strategies NAME: Cameron Brown 12801 North Central Expy.Suite 1725 (A/C. o.Enl: (214)323-4602 lac,No): (214)503-8899 Dallas,TX 75243 E-MAIL ADDRESS: certifcatedallas@risk-strategies.com _ INSURER(5)AFFORDING COVERAGE NAIOP _ INSURER A: Berkshire Hathaway Specialty Ins Company 22276 _ INSURED INSURER B: Sentinel Insurance Company Ltd 11000 K Friese&Associates, Inc.1120 S Cap of TX Hwy INSURER c: Hartford Fire Insurance Company 19682 Cityview 2, Suite 100 INSURER D: Travelers Indemnity Company 25658 Austin TX 78746 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 66873914 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDOIYYYY) IMMIDDWYWI C ✓ COMMERCIAL GENERALLWBILITY ,./ 1 845BWBA7667 1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ✓ OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL RADV INJURY $1,000,000 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ jEa n LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILEuABIuTY ✓ ✓ 84UEGZV5448 1/1/2022 1/1/2023 (EeeJ I SINGLE UMIT 51,000,coo ✓ ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY AUTOS ONLY (Per accident) S C ✓ UMBRELLA ma ✓ OCCUR ✓ ✓ 84SBWBA7667 1/1/2022 1/1/2023 EACH OCCURRENCE 55,000,000 EXCESSUAB CLAIMS-MADE AGGREGATE $5,000,000 DED ✓ RETENTIONS1O,000 $ D WORKERS COMPENSATION 1 UB5P02903A 1/1/2022 1/1/2023 ✓ STATUTE OTH- ER AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L EACH ACCIDENT $1,000,000 I OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S1,000,000 If yes,desenbe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT 51,000,000 A Professional Liability ,./ 47EPP30984103 1/1/2022 1/1/2023 Per clalnt/Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,AddlUonal Remarks Schedule,may be attached If more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. RE:City of Round Rock 1-35&SH 45 Frontage Rd Turn Lanes. City of Round Rock is named additional insured on the general,auto,and umbrella liability coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E.Main Street Round Rock TX 78664 AUTHORIZED REPRESENTATIVE / I Cameron Brown //�/'AYu<s4.�1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 66e73914 122/23 CL/AL/OL/WC/PL I Petra 12/23/2022 4:37:46 PM (EST) I Page 1 of 1