Contract - Kimley-Horn and Associates, Inc. - 7/28/2022 ROUND ROCK TC.XAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer")
ADDRESS: 10184 Jollyville Road Building 4 Suite 200 Austin TX 78759
PROJECT: Transportation Master Plan
TIDE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOjk ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of., 022 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, wh 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
0199.202230;4873-6986-4485 4879-8103-9872;00192831
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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.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Five Hundred Seventy-Four Thousand and No!100 Dollars ($574,000.00) as shown
in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental
Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Ed Polasek
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number(512) 341-3167
Mobile Number(512) 202-9641
Fax Number N/A
Email Address epolasek;(i'roundrocktexas.gov
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jake Gutekunst, P.E., AICP
Associate
10184 Jollyville Road, Building 4, Suite 200
Austin, TX 78759
Telephone Number (512) 418-4526
Fax Number NIA
Email Address Jake.gutekunst(ii!kimley-horn.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and.,`or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she.-it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by 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.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (34) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the 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/hcr/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
to
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.
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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/sher'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 claire 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:
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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.
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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:
Jake Gutekunst, P.E., A1CP
Associate
10184 Jollyville Road, Building 4, Suite 200
Austin, TX 78759
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
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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 heishe 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
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
KIMLEY-HORN ANIS ASSOCIATES, INC.
�7
By:
Signatur of Principal
Printed Name: Ao At.) d s�eFW_
17
CITY OF ROUND ROCK,TEXAS APP OVED AS TO FORM:
By.
Craig Morgan, Ma or Stepha L. Sheets, City Attorney
ATTEST:
Meagan . pink City Cl k
18
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
1
EXHIBIT A
City Services
City: Round Rock,Texas
Location(s): City Limits
Project: Transportation Master Plan (TMP)
The City will provide the following items/information for the ENGINEER under this agreement:
1) Provide a project coordinator to work with the ENGINEER during development of the project.
2) Provide timely review of materials and presentations in advance of project meetings.
3) Cover the cost of advertising fees,obtain facilities for public involvement activities, and other direct
costs associated with holding public meetings
a) Provide up to two (2)variable message boards for use one(1) week prior to each public meeting
to advertise events
4) Attendance at the following meetings:
a) Project coordination meetings,to be held at City offices
b) Project workshops,to be held at City offices
c) Interdepartmental Working Group meetings,to be held at City offices
d) Public meetings and agency stakeholder meetings
e) 4B Board meetings
f) Planning& Zoning and City Council meetings
5) Provide GIS data information, if available,for use in developing project exhibits in ArcGIS 10.x format,
if different from GeoHub data, including, but not limited to:
a) Current Transportation Master Plan Thoroughfare Map
b) Future Land Use Plan
c) Zoning Map
d) Lakeline Park Master Plan Trails
e) Existing Utility Locations along Sam Bass Rd and McNeil Rd
f) Limits of Railroad Right-of-Ways(if available)
g) City Limits
h) Extraterritorial Jurisdiction(ETJ)
i) Platted,planned or other vested development boundaries
j) Planned annexations with current status of annexation
k) Intersection control data(signals, stop signs, and other City-maintained signs or traffic control
equipment), if available
l) Contours
m) Lakes
n) Streams
o) Railroads
p) Available right-of-way information
City of Round Rock Kimley-}-torn and Associates, Inc.
TMP- Exhibit A Services by City pa�c 1 June 7,2022
G) Provide the following information, in XLS, SHP, or DOC formats (if available in those formats,
otherwise as PDP):
a) Demographic projections from water and wastewater master planning or Round Rock 2030 Plan
b) Traffic Counts (24-hour bi-directional) from 2019-2022 from annual City traffic counting
program on arterials and collectors for use in travel demand model calibration
c) Transit Development Plan
d) Mobility related policy documents, including Codes, Ordinances,and other policies
7) Provide map amendment and recommendations on service area boundary changes for Roadway Impact
Fee semi-annual update(Task 10). Include the following information:
a) Annexation boundaries since latest Roadway Impact Fee update
b) Completed CIP projects or adjustments to proposed CIP projects within the Roadway Impact Fee
study
c) Staff attendance at Capital Improvements Advisory Committee meeting(CIAC)
d) Resolution,ordinance,and agenda development required for update
e) Posting of notice for required public hearing in local newspaper at least 30 days prior to public
hearing date
f) Staff attendance at City Council meetings required for the Roadway Impact Fee update
City of Round Rock Kimley-Horn and Associates, Inc.
TMP- Exhibit A Services by City Page 2 June 7,2022
EXHIBIT B
Engineering Services
City: Round Rock,Texas
Location(s): City Limits
Project: Transportation Master Plan (TMP)
SCOPE OF WORK
This scope is for professional engineering and planning services to develop a Transportation Master
Plan (TMP) for the City. The ENGINEER will help establish implementation-oriented
transportation projects, policies, and standards to realize the envisioned transportation network.
The ENGINEER will update the recommendations from past plans, including the 2017
Transportation Master Plan and integrate recommendations from the Round Rock 2030
Comprehensive Plan and 2022 Transit Development Plan. The ENGINEER will conduct a detailed
corridor study analysis for Sam Bass Rd and McNeil Rd to determine potential operational, safety,
and streetscape improvements for implementation. The ENGINEER will also make
recommendations for policy updates to the Design and Construction Standards(DACS)to simplify
and align street typical sections across City documents and Codes. The ENGINEER will lead an
engagement process to include citizens, stakeholders, and staff in development of the TMP. The
ENGINEER will develop a prioritized short-term capital plan for mobility improvements, to be
easily implemented in the required update to the City's Roadway Impact Fee Study in 2023 for the
required 5-year update.The ENGINEER will deliver a plan document that summarizes the planning
process, recommendations, and action plan for implementation. The ENGINEER will present
findings and recommendations of the plan process to City Council and appropriate boards and
commissions.
TASK OUTLINE
1 DISCOVERY
A. Project Worki2lan
The ENGINEER will prepare a Project Work Plan. This will provide a brief understanding of the
project,highlight the project team members involved,and include a milestone schedule that assigns
target dates to each deliverable.Project contacts,data exchange protocols,and invoicing procedures
will also be discussed in this document. This up-front documentation will facilitate smooth
communication between the ENGINEER and the City. The workplan will be supported by a
communication protocol, milestone schedule, and Public Involvement Plan (PIP), developed in
Task I B. The Project Work Plan will act as a tracking mechanism for project deliverables,dates of
completion,and schedule and is intended to be updated throughout the project as a living document.
B. Public Involvement Plan
The ENGINEER will develop a plan for community and stakeholder outreach and a strategy for
communication. The Public Involvement Plan (PIP) will incorporate outreach and engagement
methods that foster meaningful participation and provide needed input for the successful
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services rage I June 7, 2022
development and implementation of the TMP. The PIP will also identify a list of key stakeholders.
The engagement strategy will leverage existing communication channels and identify any
supplemental strategies needed to educate and engage the community on the project. The
ENGINEER will work closely with participating staff to ensure communication and outreach
strategies are integrated and coordinated with concurrent related efforts.The PIP will be presented
with the Project Work Plan to the Interdepartmental Working Group.
1. Agency Coordination Meutings
The ENGINEER will conduct a meeting with regional agency partners, including TxDOT,
Williamson County,CAMPO,and CapMetro,to discuss regional plan alignment and existing plans
or recommendations from other agencies within the Round Rock City Limits and ETJ.The purpose
of the meeting will be to gather information on other agency plans within the City. Recommended
projects that involve agency partners will be followed up individually with each agency during the
recommendations phase of the project in Task 5F via an additional in-person meeting conducted
by the ENGINEER.
2. Staff Workshops
The ENGINEER will conduct workshops with Transportation Department staff on specific topics
to determine staff identified recommendations prior to detailed analysis supplemental to Inventory
in Task I C and Needs Assessment in Task 2. The workshops with staff are intended to be focused
on sourcing ideas as well as knowledge of existing challenges and issues from the knowledge base
of staff.
The ENGINEER is anticipated to conduct four(4) meetings with Transportation Department staff
on specific topics from the project that may be adjusted during the course of the project. All
meetings will be in-person with up to two(2)members from the ENGINEER in attendance at each
in-person meeting. Meeting topics are anticipated as follows:
• Meeting 1 Thoroughfare Plan Revisions Identification, Plan Goals and
Objectives
• Meeting 2 Cross Section Conflict Identification
• Meeting 3 Bottleneck Intersection Identification & Safety Challenge
Identification
• Meeting 4 1 Scenario Development for Travel Demand Modeling
3. Interdepartmental Working Group
The ENGINEER will meet with the Interdepartmental Working Group(IWG)at key points during
the planning process to present topical materials and obtain feedback and recommendations across
multiple City departments. The ENGINEER will provide agendas and materials for facilitated
discussion at each meeting. The IWG will have a technical focus with emphasis on identifying
conflicts in recommendations or solutions on administrative implementation of projects or policies.
The ENGINEER is anticipated to conduct six (6) meetings with the IWG on specific topics from
the project that may be adjusted during the course of the project. All meetings will be in-person
with at least two (2) members from the ENGINEER in attendance at each in-person meeting.
Meeting topics are anticipated as follows:
• Meeting I I Discovery Results, Plan Goals and Objectives
• Meeting 2 1 Needs Assessment Results, Thoroughfare Plan Revisions,
Existing Deficiencies
• Meeting 3 j Cross Section Alignment (DACS), Urban Design Standards,
Flexible Design
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 2 June 7,2022
• Meeting 4 1 Transit Integration& Implementation Strategies
• Meeting 5 Intersection Bottleneck Projects& Safe Crossings Tools
• Meeting 6 Draft Prioritized CIP&Tools Testing Results
4. Online Engagement
The ENGINEER will host a website on Social Pinpoint to be used as a base for online engagement
activities, including interactive maps, surveys and other tools, as a hub for information
dissemination about public engagement activity, and as a repository for project documents and
engagement activity summaries. The ENGINEER will develop and host an interactive map
engagement tool on the hub for feedback from the public during the Needs Assessment Task 2.The
Interactive Map will include defined areas for corridor studies along Sam Bass Rd and McNeil Rd
to be highlighted as special constrained focus areas of the TMP. Comments received will be
categorized as specific to a corridor area or generalized for other areas of the City. In addition, the
ENGINEER will develop a survey to determine community mobility priorities for use in weighting
project prioritization in Task 5F.
During the recommendations phase of the project, a series of interactive maps will be used to
disseminate information with separate landing pages for each Corridor Study (total of 3 landing
pages on the website). Two of the interactive maps for the Corridor Studies will be used in
conjunction with Public Meeting #2 for complementary virtual feedback, whereas the third
interactive map will be coincident with Public Meeting #3. It is anticipated that the following
interactive maps will be created:
• Interactive Map I Sam Bass Rd Conceptual Layout Map(Public Meeting
#2)
• Interactive Map 2 McNeil Rd Conceptual Layout Map(Public Meeting
#2)
• Interactive Map 3 Proposed CIP Projects(Public Meeting#3)
The ENGINEER will provide content for the City to use in online engagement tools such as
Facebook and Twitter for up to six(6) posts during the project.
The ENGINEER will provide raw data files downloaded from Social Pinpoint to the City for future
use and analysis to enable the City to access any data after project completion.
5. Public Meetings
The ENGINEER will complement the online engagement with in-person events to engage the
community, which will include three (3) public meetings. In addition, the ENGINEER will host
two (2) pop-up meetings for up to four(4) hours each at high foot traffic locations along the Sam
Bass Rd and McNeil Rd corridors to promote participation on interactive maps for Public Meeting
#2 for the corridors. Public Meetings will include up to four (4) members from the ENGINEER,
and the Developer Roundtable and Pop-Up meetings will include up to two(2) members from the
ENGINEER.
• Public Meeting #1 Information Gathering and Needs Identification: A
planned community event to gather input on the location of specific needs
and goals of the community.
• Public Meeting #2 1 Draft Corridor Study Recommendations: A focused
event for stakeholders along the McNeil Rd and Sam Bass Rd with
targeted advertising promotion.
City of Round Rock Kimley-Horn and Associates,Inc.
TMP Exhibit B Scope of Services F'i� .i: 3 June 7,2022
• Public Meeting#3 Presenting Recommendations: A planned community
event to present the draft Transportation Master Plan, gather public
feedback, and outline next steps in the process.
• Pop-Up Meetings I Promotion for Feedback: Pop-up booths or tents to
promote online engagement and attendance at the Public Meeting 42 for
feedback on corridor recommendations.
6. Advertising Content
The ENGINEER will hold a coordination meeting with City planning and public information office
(PIO) staff to determine previous outreach experience and social media channel capabilities for
advertising and promoting the plan. The ENGINEER will develop advertising content for use by
the City to promote involvement in the project, including the following:
• Project Overview Handouts on 8.5"x 1 1"format
• E-mail blasts(up to 3)
The ENGINEER will work with the City to develop and place signs at up to ten (10) locations near
the corridors or at other high-foot traffic areas in the City to promote Public Meeting#2 and virtual
engagement on recommendations for the Corridor Studies.
C. Field Verify Existing Conditions
The ENGINEER will have at least two (2) team members that will spend one (1) full day in the
City to verify existing transportation systems throughout the City. Following this trip, the
ENGINEER will prepare and deliver a GIS-based database file documenting the existing conditions
along roadways and intersection improvement opportunities in Task 2B. In addition, the database
file will include relevant existing datasets and aerial observations to be verified during the field
visit, including existing number of lanes, pavement width, median presence, sidewalk presence,
drainage type, and bike facility presence.
The ENGINEER will spend an additional one (1) full day with at least two (2) team members
evaluating the Sam Bass Rd and McNeil Rd corridors by driving, walking and documenting
existing conditions with photography and observed challenges and opportunities.
D. Data Collection
The ENGINEER will create a data needs request that lists technical data (GIS) and applicable
documents to be provided by the City. The ENGINEER will create a file sharing system in
ShareFile online to be hosted by the ENGINEER for this data request and other document
deliverables.
The ENGINEER will process City provided traffic count data on arterials to include in the GIS-
based database in Task 1 C for evaluation of the Thoroughfare Plan and base year Travel Demand
Model in Task 3 and Project Prioritization in Task 4. The ENGINEER will collect turning
movement counts for the AM and PM peak periods at up to 10 intersections to be identified in Task
4.1 for evaluation of bottleneck intersections. In addition, the ENGINEER will collect turning
movement counts at all signalized intersections and all-way stops on the Sam Bass Rd and McNeil
Rd corridor study limits identified in Task 8 for AM and PM peaks for vehicular traffic.
The ENGINEER will collect crash data from 2019-2022 based on the TxDOT Crash Records
Information System and verify with any supplemental City data for crashes involving pedestrians
or bikes and any fatalities. Crash data collected will include location, severity, manner of collision,
contributing factors, and whether pedestrians or bicyclists were involved in crashes and provided
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page A June 7, 2022
in SHP and XLS format.
E. Goals_and Ob;ecl tines
Community transportation goals and TMP objectives will be developed by the ENGINEER at the
first staff workshop in Task 1 B2 and refined during the Interdepartmental Working Group in Task
1 B3. Potential goals and objectives will be sourced from the Round Rock 2030 Plan, :017
Transportation Master Plan, and other identified by the ENGINEER and staff. These goals and
objectives will inform project prioritisation, needed programs, and policy recommendations in
Tasks 5 and 6.
Task I Deliverables: Project Work Plan, Public Involvement Plan, Staff Workshop Meetings,
Interdepartmental Working Group Meetings, Public Meetings, Pop-Up Meetings, Project Website,
Advertising Content,Data Sharing Site,Traffic Counts,Existing Inventory GIS Database,Goals and
Objectives
2 NEEDS ASSESSMENT
A. Review of Plans, Policies,and Design Standards
The ENGINEER will review documents and plans that will serve as a reference throughout the
project. It is anticipated this information will be synthesized into 2-3 pages of"past plans" and
incorporated into the final document, including the 2017 TMP, 2030 Comprehensive Plan,Transit
Development Master Plan, Design and Construction Standards, Roadway Impact Fee Study, and
CAMPO 2045 Regional Transportation Pian.
The ENGINEER will synthesize the current mobility related policies and ordinances provided by
the City into a one-stop review matrix.This task is intended to identify each policy as keep, revise,
or remove in a policy diagnostic. New policies will be identified and edits will be completed at a
later phase as engagement and analysis continues.
The ENGINEER will review zoning and code requirements for streets for development for conflicts
with City design standards and City Code,opportunities for Urban Design Standards development,
and will serve as a basis for development of flexible design standards in Task 4.
B. Inventoa, Issues and Opportuni1y Ma s
The ENGINEER will prepare an inventory map of existing roadways, sidewalks, and bicycle
infrastructure for roadways identified on the Transportation Master Plan(anticipated to be arterials
and collectors), as well as points of interest such as parks and schools. It is assumed that the
ENGINEER will utilize City provided base data sets and fill in the missing gaps with the assistance
of aerials and field verifications from Task 1C. GIS data will be gathered and displayed on a map
based on public input via Social Pinpoint, from Public Meeting #1, and combined with observed
existing infrastructure gaps or deficiencies.
More detailed analysis of issues and opportunities are included in Task 7 for corridor studies on
Sam Bass Rd and McNeil Rd.
C. Regional Alignment
The ENGINEER will collect data from the region and identify potential conflicts between existing
Round Rock planned projects and the 2017 TMP roadway alignments and classifications with other
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 5 June 7, 2022
agency plans. The results of this exercise will be presented at the agency coordination meeting
identified in Task I B 1.
D. Safety Needs&Countermeasures Identification
Crash data collected in Task 1 D will be combined with traffic volume information to develop a
crash rate map for the City identifying locations with clusters of high frequency of crashes.
A heat map of crashes will be made by the ENGINEER to illustrate both high frequency and high
injury intersection locations and midblock segments that may merit further investigation for safety
countermeasures. The ENGINEER will develop collision diagrams for the Top 10 crash locations
(intersections or roadway segments)for development of potential safety projects in Task 8.
Task 2 Deliverables: Past Plans Summary, Policy Diagnostic, Cross Section Diagnostic, Existing
Conditions Inventory,Issues and Opportunities Maps,Regional Projects Map,High Injury Network,
Crash Heat Map,Top 10 Collision Diagrams
3 MAP,CROSS SECTIONS,AND MODELING
A. horou hfare Plan Ma Revisions
This task will incorporate adjustments to the Thoroughfare Plan based on regional alignment
evaluations in Task 2C,the agency coordination meeting from Task 1 C 1,and ENGINEER and City
evaluations of streets that may be good candidates for changes to functional classification in the
staff workshop and Interdepartmental Working Group meetings. Any potential functional
classification downgrades will be tested in scenario planning in Task 3E for feasibility. Streets that
are"built-out",unlikely to be changed,and showing adequate capacity at build-out will be specified
as "established streets" in the thoroughfare plan. This status would not preclude a street from
potential improvements but is an indication that curb lines and lane configurations are unlikely to
change in the future.
B. Cro. Section Development
The ENGINEER will develop a set of illustrative cross sections that incorporate best practices for
design of multimodal streets and are compatible with historical right-of-way requirements and other
design standard requirements evaluated in Task 2A. Cross sections developed in this task are
intended to be used for new streets and streets that are intended to be widened from the current
configuration in the future.The ENGINEER will develop a separate set of cross sections for urban
environments that area applicable in the MU-G zoning district requirements for Round Rock
separately from other cross section standards in the rest of the City. The intended outcome of this
exercise is to achieve resolution between City Code,the 2017 TMP,Downtown Improvement Plan,
DACS and any other City documents that govern street design and right-of-way requirements for
new and widened streets from development.
Specific meetings and workshops are identified for this process both in the internal Staff
Workshops as well as the Interdepartmental Working Group in Task
C. Intersection Bottleneck identification
The ENGINEER will develop AM and PM peak period scenarios in a SYNCFIRO I I model for up
to 10 intersections identified as bottlenecks in staff workshop meeting#3. Existing signal timings
will be obtained by the ENGINEER and existing performance metrics including intersection delay,
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 6 lune 7, 2022
volume to capacity ratio, Level of Service, and turn lane queues will be summarized in a tabular
format with observations in a standalone memo.The City will select up to 5 intersections for further
study in Task 5A.
The ENGINEER will also develop a flowchart that specifies default and alternative intersection
control types based on functional class and entering volumes of intersections not studied for use as
a tool for evaluations by the City after study completion.
D. Travel Demand Model Preparation and Calibration
The ENGINEER will collect the following information for the model preparation step:
• Existing year and forecast year model inputs from CAMPO and/or the
City.
• Roadways and split Traffic Analysis Zones(TAZs)as necessary to add the
required level of detail to the CAMPO model.
• Updated socio-demographic information from the City.
• Compare existing model and associated traffic counts within the City of
Round Rock to validate flows against counts using new TAZ structure and
roadway network.
The ENGINEER,after preparing the model, will then:
• Code the additional roadways within the City modeling boundaries and
the new centroid connectors associated with the split TAZs
• Incorporate the socio-demographic information from the City into the
TAZ geographic file input into the model.
The ENGINEER will calibrate the existing model so that assigned volumes in the base year match
available 2022 counts from the City. Calibration may require revisiting facility and area type
classifications, factoring trip generation trip rates, as well as post-processing model outputs for the
base year.
The ENGINEER will refer to FHWA acceptable ranges for volume to count ratios to determine
how closely assigned volumes match observed traffic counts. The model calibration step may
require building a post-processor which adjusts forecast year volumes based on base year validation
metrics. The post-processor will follow NCHRP methods to post-process traffic volumes
E. Travel Demand Model Scenario Planning
The ENGINEER will run a total of 5 scenarios on the Existing and Forecast Year models and
extract performance measures for each run. The scenarios will include:
• Base year model
• Forecast year model representing the currently adopted Transportation
Master Plan
• Forecast year model representing the proposed Transportation Master Plan
• Forecast year 2032 interim year in support of a future Roadway Impact
Fee Study update;
• Additional one(1) model run(s) to use for alternative alignment analysis
or fiscally constrained CIP projects scenario
The ENGINEER will provide documentation regarding the model preparation and calibration
process as well as performance measures extracted in support of the Transportation Master Plan.
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 7 June 7,2022
Task 3 Deliverables: Updated Thoroughfare Plan Map, Established Streets Network, Multimodal
Cross Sections (Standard and Urban), Intersection Bottleneck Evaluations, Intersection Control
Flowchart, Base and Forecast Year Travel Demand Models, Scenario Planning
4 TRANSIT INTEGRATION
The ENGINEER will incorporate the results of the Transit Development Plan as well as the
Mobility On-Demand Feasibility Study into the TMP. This will include development of a map of
proposed routes and on-demand service areas from these studies, integration into the Short-Term
Capital Plan in Task 6A, and a summary of recom in endat ions and activities in the TMP Plan
Document in Tasks 6& 7.
Task 4 Deliverables: Transit Plan Map, Summary of Transit Recommendations (to be included in
reporting in Tasks 6& 7 as deliverable)
5 TOOLS AND CIP DEVELOPMENT
A. Intersection Control Evaluation Tool
The ENGINEER, in coordination with the City, will develop an Intersection Control Evaluation
tool that incorporates assessment of delay benefit, collision reduction benefit, and other feasibility
related factors such as right-of-way impacts,environmental impacts, utility impacts,and otherwise
that is repeatable and useful to the City beyond the life of the plan. The ENGINEER will evaluate
2 peak periods for up to 3 alternatives at the 5 intersections identified in Task 3C using Synchro
110 software and supplemented with VISSIM software when evaluating innovative intersections.
The ENGINEER will report Level of Service, delay, 95% queue lengths, and volume to capacity
ratios.
B. Signal Network and Technology Tools
The ENGINER will incorporate a summary of ongoing projects and programs to incorporate signal
technology, corridor timing enhancements, and communications into the transportation network.
Recommendations will be developed for continued network development by the ENGINEER and
for any capital programs to occur during one of the staff workshops in Task 132. Recommendations
will be incorporated into the Short-Term Capital Plan in Task 6A, and a summary of
recommendations and activities in the TMP Plan Document in Tasks 6& 7.
C. Flexible Design Tradeoff Matrix
The ENGINEER will create a flexible design criteria table to be applied to retrofits of established
streets identified in Task 3A or used in constrained environments.The Flexible design criteria table
will be used to illustrate preferred design widths of various street elements as well as minimums
and when deviating from preferred design widths is applicable. The flexible design matrix will be
developed to incorporate considerations for Urban Design contexts and identify applicable contexts
for when flexible design should be allowed.
D. Proiect Listing
The ENGINEER will develop a list of potential transportation projects based on the outcomes of
the existing conditions and needs assessment that will occur in Task I and Task 2 and the resulting
Thoroughfare Plan in Task 3A. This list will be considered the`universe of projects". The overall
project list will be refined into a list of 20 projects through a screening process to then further
City of Round Rock Kiinley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 8 June 7,2022
prioritize projects in Task 5F. These projects will be independently ranked from bottleneck
intersection projects evaluated in Task 5A.
E. Project Performance Measures
The ENGINEER will work with City staff to develop priorities for transportation project evaluation
and prioritization.The following will be led by the ENGINEER to develop a prioritization tool for
use in Task 5F:
• Develop a list of up to 10 priority categories with staff for further
evaluation (e.g. manage congestion, safety, maintenance, future volumes,
economic development, etc.)
• Rank and weight priorities through a priority pyramid exercise with staff
and refine to six(6) priorities
• Assign point values for each measure of effectiveness (MOE), which can be stratified into
different levels of points for varying levels of effectiveness. Up to twelve (12) MOEs will
be evaluated.
The results of the exercises in this subtask will be used to develop a prioritization tool for ranking
projects in a Microsoft Excel spreadsheet. It is assumed that this tool will be used primarily for
evaluation of roadway projects that involve retrofits, new alignments or widening. Projects that do
not improve vehicular capacity and are solely multimodal in focus will be evaluated using
qualitative measures such as effectiveness at improving connectivity, access, and safe crossings
and will be separated into a different category for comparisons with other projects that are
multimodal in focus.
F. Pro'ect Review and Prioritization
The ENGINEER will use the project ranking system and tool developed in Task 5E to evaluate the
resulting list of projects identified in Task 5D. It is envisioned that the ranking system will sort
projects based high priority/short-term, medium, or low priority/long-term ranking. The result of
this task will be a project map and table of results.
G. Funding and Implementation
Eligibility of projects for funding via local, state, MPO, and federal resources will be evaluated in
this subtask. Identified opportunities for funding with Type 4B funds, CAMPO call for projects
grants, Transportation Alternatives Set-Aside (TASA), Highway Safety Improvement Program
(HSIP),and other funding sources will be identified and documented in presentation of a prioritized
project list in the Short-Term Capital Plan in Task 6A.
6 PLAN REF]INEMlENT
A. Short-Term Capital Plan
The ENGINEER will prepare planning-level cost projections for City-selected future capital
improvement projects based on 2022 dollars, likely to be the highest-ranking projects identified in
Task 5F. These cost projections will be based on discussion with City staff, current City design
guidelines, recently bid roadway and intersection projects in the City, and previous ENGINEER
experience with roadway construction costs. Due to the variety of unknowns associated with
roadway project cost projections (ROW acquisition, utility relocations, etc.), the planning-level
project cost projections used in this analysis should be further refined prior to being used for any
future capital improvement planning within the City. The ENGINEER will develop costs for
City of Round Rock Kimley-Horn and Associates,Inc.
TMP Exhibit B Scope of Services Page 9 June 7,2022
projects estimated to be in the Short-Term Capital Plan which are anticipated to be high and
medium projects identified in Task 5F.
B. Supportive Policies
The ENGINEER will develop recommendations for new or updated policies based on the resulting
diagnostic table from Task I D for further development by the City.These policies will be identified
in the Transportation Master Plan but not resolved or developed for fuli implementation.
C. Testing and Refining
In addition to the testing of the Intersection Control Evaluation Tool in Task 5A and the Safety
Countermeasures Toolbox in Task 9,testing of the flexible design matrix at up to two(2) locations
in the City will be developed at mid-block locations and photomorphs illustrating a retrofit will be
developed to illustrate the tool results in testing.
D. Documentation of Draft Plan
The ENGINEER will prepare a comprehensive report summarizing the plan overview, goals and
objectives,existing conditions,public outreach,thoroughfare planning,cross section development,
analysis, project list development, project prioritization, policy recommendations, and action plan.
Standalone documents that may exist as appendices to the TMP will include the Corridor Studies
for Sam Bass Rd and McNeil Rd from Task 8 and the Safety Action Plan from Task 9.
The ENGINEER will deliver technical materials such as maps and analysis results throughout the
project at various milestones and meetings with the City, the Interdepartmental Working Group,
and the community and include them, as appropriate, in the online document library.
7 EVIPLEMENTATION
A. Action Matrix and Stratey
The ENGINEER will establish an action plan and methodology for implementation resulting from
the outcomes in Task I through Task 6. The ENGINEER will prepare the action plan in a map and
table format for easy reference and use, intended to be incorporated into the annual budget reports
for the City and overall Capital Improvement Plan reports. The ENGINEER anticipates
incorporating the following elements:
• Potential Funding Sources for Projects
• Project Tracking in an online dashboard to include:
• Transportation CIP Projects(Roadway and Intersection Projects)
• On-Demand Transit Implementation
• Roadway Impact Fee Updates
• DACS l;pdates(including Urban Design Standards)
• Recommended Policy Updates
• Annual Reporting
• Need for Plan Update
B. Final Report
The ENGINEER anticipates the following review process with the City for the final report:
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 10 June 7,2022
• 60%Review--This review will be the initial review focused on the technical deliverables to
be included in the draft report prior to the 2nd Public Meeting.
• 90% Review—This review will be a minor review of the final report in PDF format.
The ENGINEER will deliver the final report in InDesign(.INDD)and PDF formats along with any
ArcGIS Pro map packages(.MPKX)of final report maps developed in GIS format. 10 hard copies
of the final report with binding will be delivered after plan adoption.
C. Progress Reports and Invoices
The ENGINEER will review the project schedule and prepare monthly progress reports for review
by the City's Project Manager. This is assumed to be a fourteen (14)-month project. Invoices for
all work completed during the period will be submitted monthly (with a progress report) for work
performed.
D. Project Meetings& Presentations
All meetings related to Staff Workshops, Interdepartmental Working Group, Pop-Up Meetings,
and Public Meetings are included in Task 1.
The ENGINEER anticipates attendance at up to ten (10) in-person meetings with the City, and an
additional up to two (2) virtual meetings, as needed, over the duration of the project. It is assumed
that up to four (4) of the in-person meetings will coincide with workshops or group meetings, or
Field Review in Task 1C. Meetings between staff and the ENGINEER are anticipated to occur
monthly. It is anticipated that several of these meetings will be"workshop" style format meetings,
where specific deliverables are drafted live via markups and interactive discussion on maps,charts,
or lists to develop draft content.
The ENGINEER will present the draft and final recommendations to both the 4B Board and the
Planning and Zoning Commission at two (2) meetings each prior to two (2) meetings with City
Council for adoption of the TMP. Each of the meetings with the 4B Board, Planning and Zoning,
and City Council will include up to two(2)team members from the ENGINEER.
E. Project Maps
All project maps will be delivered in an ArcGIS map package(.MPKX) format for case of use and
visibility of data in the same symbology and format as shown in PDF maps. The ENGINEER will
also print and mount up to 10 copies of the updated Thoroughfare Plan in large format(30" x 40")
frames or larger and 5 copies in smaller frames (less than 30" x 40") size. Frames are anticipated
to be provided by the City and reused from the 2017 TMP.
8 CORRIDOR STUDY FOCUS AREAS
Two focus corridors will be analyzed as part of this study. These corridors are right-of-way
constrained corridors where more detailed analysis and concepts are necessary. The identified
corridors are:
• McNeil Rd (S City Limits of SH 45 to Blair Dr)
• Sam Bass Rd (IH 35 SBFR to Wyoming Springs Dr/City Limits)
A. Base_Mapping
The ENGINEER will request and review available record drawings and site development plans.
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page I 1 June 7,2022
The ENGINEER will map and verify existing utilities that were obtained during the Task I.C. A
base map will be created identifying topography using available lidar,estimated right-of-way using
parcel data boundaries provided by the City, recent aerial photography. No survey or SUE will be
collected as part of this base mapping. Curb lines, sidewalks,overhead utilities will be traced based
on aerial photography and field verifications.
The ENGINEER will perform a site visit to verify base map and to evaluate site and traffic
characteristics, topography, utilities,and potential environmental issues.
B. Detailed Needs Assessment
The ENGINEER will prepare a technical memorandum that outlines existing conditions:
• Existing sidewalk deficiencies (ramps, sidewalk surface condition, substandard width,
crossings)
• Existing Turning movement counts at existing signalized intersections and all way stops
• Existing and planned Off-corridor trail and bicycle alternative routing
• Existing Crashes at Intersections and along segments
The technical memorandum will include countermeasures that identify improvements that include:
• Intersection improvements
• Turn lane improvements
• Streetscape Improvements
C. Conceptual Improvements
The ENGINEER will prepare existing and proposed typical sections. The ENGINEER will prepare
one 15%Conceptual Design roll plot. The preliminary design schematic will be limited to existing
topography and utilities, horizontal alignments, intersection horizontal alignments, identified
easements, roadway typical sections, existing and proposed right-of-way, existing and proposed
pavement edges, proposed sidewalks, and proposed lane striping. The 15% Conceptual Design
will incorporate items outlines in the Detailed Needs Assessment. The 15% Conceptual Design
will illustrate the opportunities for landscaping features through label and hatching.
The roll plot will be converted to an 11x17 Flipbook of conceptual sketch improvements. Photo
morphs of 2 locations on each corridor of improved cross section or intersections will be developed
by the ENGINEER. It is anticipated that one (1) round of revisions will be completed for the
horizontal layouts and renderings based on consolidated comments from Public Meeting #1 and
City staff.
D. Planning Level Costs
The ENGINEER will provide a detailed opinion of probable costs per construction phase based on
15% Conceptual Design drawings.
City of Round Rock Kimley-Horn and Associates, Inc.
TMP Exhibit B Scope of Services Page 12 June 7,2022
9 SAFETY ACTION PLAN
A. High Injlury Network and Top 10 Crash Locations Safety Countermeasures Identification
High Injury Network: Using the crash data collected in Task 2D, along with other contextual land
use information,a High Injury Network will be developed to prioritize capital spending on safety
improvements throughout the City. This High Injury Network would then be used as promotion
for projects that alleviate the streets in the City with greatest safety challenges.
Top 10 Crash Locations: Using the Heat Map(Task 2D) and High Injury Network, ten
locations that illustrate both high frequency and high injury intersection locations and
midblock segments will be identified further investigation for safety countermeasures. These
projects will include intersections and/or corridors that are up to one-quarter of a mile in
length. It is anticipated at least one of the corridors will overlap with the Corridor Studies,
Safety Countermeasures: A toolbox of safety countermeasures will be curated from national
best practices with crash modification factors(CMFs) for use in evaluating the safety benefit
of future mobility projects.
The ENGINEER will apply appropriate safety countermeasures identified in the toolbox.This
process includes applying countermeasure CMFs to the existing crash data in order to project
the anticipated safety benefits from the applied improvements. For implementation purposes,
these safety improvements will be included in the prioritization task completed in Task 5F.
A. Project Sheet Summaries
The ENGINEER will summarize the results of this safety analysis by creating summary
sheets for each safety priority project that include planning level cost and benefit.
10 ROADWAY IMPACT FEE SEMI-ANNUAL MINOR UPDATES
A. Study Updates(Semi-Annual)
The ENGINEER will provide services to update to the March 15,2019 Roadway Impact Fee Study.
This update will include the incorporation of the annexed properties to be identified by the City on
a semi-annual basis for the purpose of updating roadway impact fee service areas.This update does
not anticipate any adjustment to the maximum assessable fees in the study, nor any addition of
projects to the Roadway Impact Fee CIP or Land Use Assumptions.The update will include support
with edits to the associated Ordinance. It is assumed semi-annual updates will occur up to two(2)
times during the contract in Fall 2022 and Spring 2023.
B. Meetings Su ort
The ENGINEER will develop presentation materials for and attend the following meetings to
support up two(2) separate adoption processes for semi-annual updates:
• Two(2)Capital Improvements Advisory Committee Meetings
• Four (4) City Council Meetings (2 meetings for public hearings and 2
meetings for council workshops)
The ENGINEER will also present on proposed changes to the thoroughfare plan and CIP projects
based on the results of Task 3 as a primer for a full Roadway Impact Fee Study update to be
completed as part of a separate contract. This is anticipated to be proposed map revisions and CIP
City of Round Rock Kiinley-Florn and Associates, Inc.
TMP Exhibit B Scope of Services Page 13 June 7, 2022
project scope changes but not to include any costing information.
11 HOURLY SUPPORT SERVICES
The ENGINEER has assumed additional on-call hourly support services for inquiries related to the
Transportation Master Plan and any potential edits for up to two (2) years after adoption. This
hourly support could also include further development of concepts, plans, or standards developed
as part of Tasks 1-6. This task may also be used for attendance at additional meetings on behalf of
the City by the ENGINEER beyond those anticipated in the scope for Tasks 1-9.
The ENGINEER assumes approximately 100 hours for this task.
City of Round Rock Kimley-Horn and Associates,Inc.
TMP Exhibit B Scope of Services Page 14 June 7,2022
EXHIBIT C
Work Schedule
Project Schedule:
The ENGINEER will complete the proposed project on the schedule illustrated below:
Task Schedule
1. Discovery (Includes Public Engagement) July 2022—July 2023
2. Needs Assessment July 2022— September 2023
3. Map, Cross Sections, and Modeling August 2022 February 2022
4. Transit Integration December 2022
5. Tools and CIP Development February 2023—April 2023
6. Plan Refinement May 2023—July 2023
7, Implementation Strategy July 2023—August 2023
8. Corridor Study Focus Areas September 2022—February 2023
9. Safety Action Plan August 2022—October 2022
10. RIF Semi-Annual Update October 2022—June 2023
11. Hourly Support Services January 2024—July 2025 (Ongoing)
City of Round Rock Kimley-Horn and Associates,Inc.
TMP Exhibit C Schedule Page I June 7,2022
Exhibit D
Fee Schedule
Project Name: 2022 Transportation Master Plan
Total Other
Task Loaded Labor Cost Direct Costs Subconsultants TOTALS
Task 1 -Discovery $95,000.00 $5,000.00 $0.00 $100,000.00
Task 2-Needs Assessment $40,000.00 $0.00 $0.00 $40,000.00
Task 3-Map, Cross Sections, and Modeling $50,000.00 $0.00 $60,000.00 $110,000.00
Task 4-Transit Integration $5,000.00 $0.00 $0.00 $5,000.00
Task 5-Tools and CIP Development $70,000.00 $0.00 $0.00 $70,000.00
Task 6- Plan Refinement $30,000.00 $2,500.00 $0.00 $32,500.00
Task 7- Implementation $20,000.00 $1,500.00 $0.00 $21,500.00
Task 8-Corridor Study Focus Areas $100,000.00 $0.00 $0.00 $100,000.00
Task 9-Safety Action Plan $60,000.00 $0.00 $0.00 $60,000.00
Task 10- Roadway Impact Fee Semi-Annual Updates $20,000.00 $0.00 $0.00 $20,000.00
Task 11 - Hourly On-Call Support $15,000.00 $0.00 $0.00 $15,000.DO
GRAND TOTAL: $505,000.00 $9,000.00 $60.000.00 $574,000.00
Transportation Master Plan
Kimley-Horn and Associates, Inc. Exhibit D 6/7/2022
EXHIBIT E
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