Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Contract - Kimley-Horn & Associates, Inc. - 10/27/2022
ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer") ADDRESS: 5301 Southwest Parkway, Building 2, Suite 100, Austin,TX 78735 PROJECT: Kenney Fort 24-inch Reuse Line Extension THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the2TWay ofd� 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: "R Zo22 3�.&I. T Time and Materials Engineering Services Contract Rev.02/22 0199.202238;4881-8465-4129 00296523 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of Six Hundred Sixteen Thousand Two Hundred and No/100 Dollars, ($616,200.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. 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 3 r Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 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: David Freireich Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 563-1121 4 Fax Number N/A Email Address dfreireich&roundrocktexas.gov 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: Sean Mason, PE Associate 5301 Southwest Parkway Building 2, Suite 100 Austin, TX 78735 Telephone Number(512) 646-2238 Fax Number N/A Email Address sean.masongkimley-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. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 N R 1 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 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 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 i r 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 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. 11 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 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. 12 (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: 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. 13 ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Sean Mason, PE Associate 5301 Southwest Parkway Building 2, Suite 100 Austin, TX 78735 14 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 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. 15 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. [signature page follows] 16 KIMLEY-HORN AND ASSOCIATES, INC. Signature of Principal Printed Name: 17 CITY OF ROUND ROCK, ffXAS APPR AS TO FORM: By: All Craig Morgan, Mayor ity Attorney ATTEST: Bi Ad y. Meagan Sp City Cler 18 LIST OF EXIIIBITS 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 EXHIBIT A CITY SERVICES The City of Round Rock(City)will provide the following information and other assistance to the Engineer that the City deems appropriate and necessary: • 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. • Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. • Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provisions of comments, if any, to the Engineer resulting from said reviews. • Meet with the Engineer on an as-needed basis to facilitate performance of the Work. • Arrange for the Engineer and their Sub-Consultants to access public and private property as required to perform services under this contract. • Submit a reuse authorization application to TCEQ in accordance with TCEQ 210. • Prepare Contract Documents for bidding. • Obtain right-of entry on properties with proposed easements. • Prepare Easement Documents and Negotiate Easements. • Pay Railroad license/permit Fees. •j ,r T C EXHIBIT B ENGINEERING SERVICES The Engineer understands that the Owner is in need of engineering design documents, bidding, and construction phase services for the 24-inch Reuse Water Line project. The project is as following: • Kenney Fort Blvd 24-inch Reuse Water Line—Approximately 7,000 linear feet o Proposed 24-inch reuse water line along Kenney Fort Blvd from 500' north of Joe DiMaggio Blvd to Forest Creek Dr. Task 1—Design Management,Project Meetings, and Data Collection Design Management The Engineer will manage the design and work associated with the work described in subsequent sections and provide the following communication and reporting: • Progress Report one per month Communication and reporting are based on an assumed twelve (12)month duration for design. Project Meetings The Engineer will prepare for and attend meetings with the Owner,to the extent requested by the Owner and budgeted for in this agreement. The following project meetings are anticipated: • Up to six(6) progress meeting to discuss specific design or coordination items associated with the projects Task Deliverables: • Meeting Minutes for each meeting attended. Data Collection The Owner will be responsible for making the following data available in the vicinity of the projects for the Engineer: • Owner Provided Data Collection o Owner GIS/KMZ Data ■ Storm ■ Wastewater ■ Water ■ Reuse ■ High resolution aerials photography ■ Lidar Contours o Owner Record Drawings B-1 ■ Water ■ Wastewater ■ Reuse ■ Traffic Signal and Communication ■ Storm ■ Roadway ■ Parks/Trail Maps and Irrigation Records, if available • Franchise Coordination by Engineer o The Engineer will prepare a data request email notifying each organization, listed below of the proposed project. Engineer will attempt to collect information from the utilities listed: ■ Gas Company (Atmos Energy) ■ Communication Providers Task 2—Routing and Conceptual Design (30%) • Routing-The Engineer will conduct a routing study for the water line alignment including up to three (3) possible routes along the City's property, if needed. o The alignment exhibit will consist of 1"=100' plan view roll plot of the alignment based on GIS information provided in Task 1,no profile will be provided. o The Engineer shall schedule a constructability and routing field visit with the City's Project Manager to review the proposed routes. • Opinion of Probable Construction Cost(OPCC)—The Engineer will prepare an opinion of probable construction cost for up to 3 routes. The Engineer has no control over the cost of labor, materials, equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided are based on the information known to Engineer at the time and represent only the Engineer judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. • Task Deliverables: o One (1) hard copy and a PDF of the draft routing exhibit with route alternatives o One (1) final hard copy of the recommended route o One (1)hard copy and a PDF of the OPCC • Task Meetings o One (1) constructability and routing field visit with the City's Project Manager,to review the proposed alignment alternatives. o One (1) alignment workshop meeting B-2 Task 3—Preliminary Design (60%) • Design and Boundary Survey— (Sub-Consultant-Inland Geodetics, LLC.) o Design Survey ■ On the ground survey: • Topo survey along the recommended alignment for a width up to 80'. • Existing manholes, valves, inlets, road poles, driveway connections,and other observable above ground existing structures will be located within the project area. • Establish control points along the route. o Boundary Survey for Adjacent Properties ■ Establish property and ROW boundaries along the project extents. • Geotechnical Analysis—(Subconsultant: Raba Kistner Consultants, Inc.)The Consultant will perform a geotechnical analysis of the proposed reuse water alignment utilizing a geotechnical laboratory to determine subsurface conditions and make recommendations regarding tunneling,embedment, backfill and excavation parameters. The geotechnical analysis will include the following: o Subsurface exploration including up to eight(8) sample bores at various locations and depths along the proposed line. o Laboratory tests for classification purposes and strength characteristics. o Engineering services that address soil and groundwater conditions for proposed horizontal boring locations. o Prepare a geotechnical report that presents the results of the field and laboratory data as well as analysis and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. • Subsurface Utility Engineering (Subconsultant: RIOS Group) o The SUE shall be performed in accordance with CI/ASCE 38-02. o Level A ■ Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating(test hole) services Consultant will: ■ Excavate up to six(6)test holes to expose the utility to be measured in such a manner that insures the safety of the excavation and the integrity of the utility to be measured. Excavations will be performed using specially developed vacuum excavation equipment that is non- destructive to existing facilities. If contaminated soils are discovered B-3 during the excavation process,the Consultant will notify the Client. Obtain x,y and Z information at each test hole. o Level B ■ Location of underground utilities by obtaining two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods will be performed for up to seven (7) days of field work anticipated to cover up to 3,000 linear feet of the proposed alignment in congested areas. o Level D ■ Depiction of underground utilities(potable water, gas, communication lines, wastewater, and storm drain lines) along the alignment for up to 100' width based on record drawings. Irrigation and overhead utilities are excluded. • 60%Plans—The Engineer will prepare 60%plans and easement boundaries for the water line. These plans will be prepared on 22"x34". Plans will consist of: o Cover Sheet o Plan (Only) Sheets at 1"=40' (7 Sheets) o Details(4 Sheets)—Standard Details (City Details) • Opinion of Probable Construction Cost(OPCC)—The Engineer will prepare an opinion of probable construction cost for the project. The Engineer has no control over the cost of labor, materials, equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided are based on the information known to Engineer at the time and represent only the Engineer judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. • Task Deliverables: o One (1)hard copy and a PDF of the routing exhibit o One (1)hard copy and a PDF of the 30%plans and OPCC • Task Meetings o One (1) constructability and routing field visit with the City's Project Manager and City Arborist,to review the proposed alignments. Task 4—Final Design (90%/100%) • Plans—The Engineer will prepare plans for the water line. These plans will be prepared on 22"04". Plans will consist of: o Cover Sheet o Project Notes and Sheet Index(2 Sheet) o Project Control Sheet and layout(1 Sheets) o Project Easement Layout(2 Sheets) B-4 o Project Access Plan and Recommended Sequencing(2 Sheets) o Plan and Profiles Sheets at F'=40' (7 Sheets) o Details(4 Sheets)—Standard Details (City Details) o Erosion Control Plans (4 Sheets) o Erosion Control Details(1 Sheet)—Standard Details (City Details) o Traffic Control Details(3 Details) • Contract Documents— Specifications will include technical specifications only for materials and installation of the proposed improvements. The Contract Documents will be compiled by the Owner. • Opinion of Probable Construction Cost(OPCC)—The Engineer will prepare an opinion of probable construction cost for the project. The Engineer has no control over the cost of labor, materials,equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided are based on the information known to Engineer at the time and represent only the Engineer judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals, bids,or actual construction costs will not vary from its opinions of probable costs. • Task Deliverables: o Three (3) hard copies and a PDF of the 90%plans, and specification table of content o Three (3)hard copies and a PDF of the 100%plans, specifications,and OPCC Task 5—Easements and Permitting • Permitting o Environmental Services (Subconsultant: AmaTerra Environmental, Inc.) ■ Archaeological survey and clearance through the Texas Historical Commission, if needed. ■ Task 1: Wetland/water of the US Delineation& Permitting Evaluation • The Consultant will perform site visit to evaluate water features within the project area to assess potential waters of the US in the project area. • The Consultant will determine if the project will meet the conditions for authorization under a Section 404,Nationwide permits and provide a memo summarizing the findings and the permitting evaluation, if needed. ■ Task 2: Threatened and Endangered Species Habitat Assessment B-5 • In conjunction with site visit for Task 1 Consultant will assess the likely presence or absence of Threatened and Endangered Species or other species of concern. ■ Task 3: Archaeological and Historic Resources Desktop Study and Coordination • Consultant will consult relevant available desktop-level datasets to assess the project's potential for impacting significant archaeological resources. • The Consultant will summarize findings and prepare a letter for the Texas Historical Commission for their review under the Antiquities Code of Texas. ■ Assumptions • Permitting through a nationwide permit • Permit preparation will begin after approval of the conceptual Design. • No Archaeological Survey, if required by THC this will be additional services. ■ Deliverables • Wetland and Waters of the US Delineation Report • Threated and Endangered Species Habitat Assessment Report • Archaeological and Historical Resources Desktop Study and THR Letter • Project Easements o The Engineer will coordinate and prepare draft easement boundaries for Surveyor to use in creation of metes and bound exhibits. o Survey—(Sub-Consultant-Inland Geodetics, LLC) ■ Boundary Survey • Survey field work and research to prepare ROW and property boundaries. ■ Easement Documents • Property descriptions for each easement to be acquired will consist of a metes and bound description and a drawing of the property ■ Assumptions: • Easement descriptions for up to fifteen(15)properties including permanent and adjacent temporary construction easements. o Deliverables: ■ PDF and one(1) hard copy of draft easement documents ■ PDF and two (2) hard copies of final easement documents o Meetings B-6 ■ Up to six (6) meetings with property owners to discuss and review proposed design plans. • Union Pacific Railroad o Engineer will prepare and coordinate submittal of one(1)railroad crossing permit applications for crossing of the Union Pacific Railroad. o Engineer will pay UPRR Application and review fee. City will pay permit/license fees. o Engineer will Include executed permit in contract documents for bidding. o Assumptions ■ Up to two (2)rounds of comments o Deliverables ■ Permit application o Meetings ■ Up to one(1)meeting with railroad • TxDOT o The Engineer will submit a UIR request for the project to Texas Department of Transportation(TxDOT) for crossing SH 79 o The Engineer will submit a letter of the requested deviations for the Owner to sign and submit on their letter head. o Assumptions ■ One (1) UIR submittal ■ One (1)draft exemption request letter o Deliverables ■ UIR permit submittal Task 6-Bidding Services The Engineer will perform the following professional services for the bidding phase of the project: • Bidding Tasks o Final Contract Documents—The Engineer will print and issue a PDF set of plans and specifications for distribution to the Owner. o Notice to Bidders—The Engineer will prepare a notice to bidders and/or assist the Owner with preparation. • Pre-Bid Conference—The Engineer will conduct a Pre-bid conference and prepare meeting notes and issue an addenda based on questions. • Addenda—The Engineer will answer contractor questions during the bid process. The Engineer will issue addenda as required. • Bid Opening—The Engineer will attend the bid opening, prepare a tabulation of bids. B-7 • Bid Recommendation and References—The Engineer will prepare a recommendation for award and call references of the recommended Contractor. • Task Deliverables: o Two (2) hard copies and a PDF of the Final plans and specifications for bidding. Task 6—Construction Contract Administration (CCA) The estimated construction period for the basis of establishing the Engineer's Fee for each phase is as follows: • Up to ten (10) months. Engineer will provide the construction phase services specifically stated below: • Conformed Plans and Specifications. Engineer will prepare conformed documents following, if required following bidding of the project. • Pre-Construction Conference. Engineer will conduct [or attend] a Pre-Construction Conference prior to commencement of Work at the Site. • Visits to Site and Observation of Construction. Engineer will make visits at intervals as directed by Owner, up to one 1 time per month for the period listed above, in order to observe the progress of the Work. Such visits and observations by Engineer are not intended to be exhaustive or to extend to every aspect of Contractor's work. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during such visits, Engineer will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents,and Engineer will keep Owner informed of the general progress of the Work. • Engineer shall not, during such visits or as a result of such observations, supervise, direct, or have control over Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods,techniques, equipment choice and usage, sequences, schedules,or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with applicable laws and regulations. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • Recommendations with Respect to Defective Work. Engineer will recommend to Owner that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed Project that conforms generally to Contract Documents. B-8 • Clarifications and Interpretations. Engineer will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Owner as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Owner. • Change Orders. Engineer may recommend Change Orders to Owner,and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Shop Drawings and Samples. Engineer will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods,techniques, equipment choice and usage,sequences, schedules, or procedures of construction or to related safety precautions and programs. • Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. • Inspections and Tests. Engineer may require special inspections or tests of Contractor's work as Engineer deems appropriate,and may receive and review certificates of inspections within Engineer's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections,tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests and the facts being certified. • Disagreements between Owner and Contractor. Engineer will, if requested by Owner, render written decision on all claims of Owner and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. • Substantial Completion. Engineer will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with Owner and Contractor,conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after B-9 considering any objections of Owner, Engineer considers the Work substantially complete, Engineer will notify Owner and Contractor. • Final Notice of Acceptability of the Work. Engineer will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Engineer's knowledge, information, and belief based on the extent of its services and based upon information provided to Engineer upon which it is entitled to rely. Task Deliverables: • Five (5) hard copies of conformed plans (3 full size and 2 half size) and specifications. • Review of up to sixteen(l 6) shop drawings and submittals • Prepare Record Drawings and submit in PDF format ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER,which are not included in the above-described Engineering Services, are described as follows: Any services not specifically provided for in the above scope, as well as any changes in the scope requested by the OWNER,will be considered additional services. Additional services include, but are not limited to,the following: • Other than Open Cut or Tunneling Engineering Services for any method other than jack and bore. • Additional Geotechnical services • Preparation of Title Policies and Assisting in Condemnation Services during property acquisition. • Preparation of platting documents and/or real property survey for site acquisition. • Additional OPCCs • Additional sets of bidding documents. • Professional services associated with re-bidding the project. • Construction Staking. • Backhoe Testing for Environmental Services • Additional Meetings • Coordinating and Obtaining Right of Entry(ROE) B-10 • Making significant modifications to the plans and specifications after the preliminary submittals have been approved by the OWNER. • Providing project representative services,on-site inspection, during the construction phase of the project. • Establish new survey monuments for any of the proposed sites. • Sampling,testing,or analysis beyond that specifically included in the Scope of Services referenced herein above. • Providing professional services associated with the discovery of any hazardous waste or materials in the project route. • Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any,will be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. • Accompanying the OWNER's personnel when meeting with the Texas Commission on Environmental Quality, U.S. Environmental Protection Agency or other regulatory agencies during the course of the Project. ENGINEER will assist the OWNER's personnel on an as-needed basis in preparing compliance schedules,progress reports, and providing general technical support for the OWNER's compliance efforts. • Texas Commission on Environmental Quality Edwards Aquifer Permitting,210,or SCS Report and Coordination • Preparing applications and supporting documents for government grants, loans,or planning advances, and providing data for detailed applications. • Franchise Utility Design. • Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. • Any services not listed in the Scope of Services. B-11 f k EXHIBIT C Work Schedule Attached-Behind This Page Exhibit C Work Schedule ID %Complete Task Name Duration Start Finish Predeces 2023 2024 2025 e AugSao Oct Nov Dec Jan Feb I Mar r M@y Jun Jul Aqg Sqp Oct Nov Dec Jan Feb Ma Apr May Jun Jul AugSeo Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1 0% 24-inch Reuse Line 685 days Mon 10124/22 Fri 6/6/25 2 0% Data Collection 5 days Mon 1024122 Fri 10128/22 3 0% Prepare subconsultant contracts 3 days Mon 10/31122 Wed 11/2/22 2 4 0% Routing 50 days Thu 11/3122 Wed 1/11/23 5 0% Alignment Exhibits 30 days Thu 11/3/22 Wed 12/14/22 3 6 0% Prepare OPCCs 5 days Thu 12/15/22 Wed 12/21/22 5 7 0% Field Visit/Workshop 15 days Thu 12/22/22 Wed 1111/23 6 8 00/6 Survey/SUE/Environmental/Geotecl 51 days Thu 1/12123 Thu 3123/23 9 0% Right-of-Entry(By City) 20 days Thu 1/12/23 Wed 218/23 4 10 0% Field Survey 30 days Thu 219123 Wed 3122/23 9 11 0% Submittal to KHA 1 day Thu 3/23/23 Thu 3/23!23 10 12 09/6 Preliminary Design 49 days Fri 3/24/23 Wed 5/31/23 741, 13 0% Receive Survey 1 day Fri 3/24/23 Fri 3/24/2311 14 0% Breakdown Survey 5 days Mon 32723 Fn 3/31/2313 15 0% Plan Sheets 25 days Mon 4/3/23 Fri 5/5/2314 16 0% General and Detail sheets 4 days Mon 5/8/23 Thu 5/11/2315 17 0% Prepare OPCC 2 days Fri 5112123 Mon 5/15/23 16 18 0% QA/QC 3 days Tue 5/16/23 Thu 5/18/23 17 19 0% Revisions 4 days Fri 5/19/23 Wed 5/24/23 18 20 0% Conceptual Plan Submittal 0 days Wed 5/24123 Wed 5/24/2319 5/24 21 0% City Review 5 days Thu 5125123 Wed 5/31123 20 22 0% 90%Design 50 days Thu 611/23 Wed 8/9/23 23 0% Prepare Plans 50 days Thu 6/1/23 Wed 819/23 24 0% General Sheets 1 day Thu 6/1/23 Thu 6/1122121 25 0% Plan Sheets 25 days Fri 612/23 Thu 7/623 24 26 0% Detail Sheets 5 days Fri 7/7/23 Thu 7/13123 25 27 0% Traffic Control 5 days Fri 7/14123 Thu 7/20123 26 28 0% Specifications 5 days Fri 7/14/23 Thu 7/20123 26 29 0% OPCC 2 days Fri 7/21/23 Mon 7/24/23 28 30 0% QA/QC 3 days Tue 7/25123 Thu 7/27/23 29 31 0% Plan Submittal O days Thu 7/27/23 Thu 7/27/23 30 7127 32 0% City Review 5 days Fri 7/28/23 Thu 8/323 31 33 0% Revise Plans 4 days Fri 8/4/23 Wed 61923 32 34 0% Easements and UPRR Permitting 205 days Thu 6/1/23 Wed 3/13/24 35 0% Property Owner Meetings 45 days Thu 611123 Wed 812123 21 36 0% Prepare Easement Boundaries 10 days Thu 8/10/23 Wed 8/23123 33 37 0% Surveyor Prepares Metes and 25 days Thu 8/24123 Wed 9/27123 36 Bounds 38 0% Easement Negotiation(by City) 120 days Thu 9/28/23 Wed 3113/24 37 39 0% UP Permitting 120 days Thu 8/10/23 Wed 1/24/24 33 40 0% TxDOT Permitting 60 days Thu 8/10/23 Wed 11/1/23 33 41 0°h 100%Design 135 days Thu 9121/23 Wed 3/27/24 42 0% Prepare Plans 135 days Thu 9/21/23 Wed 3/27/24 43 0% General Sheets 1 day Thu 921123 Thu 9/21/23 33FS+30 44 0% Plan Sheets 15 days Fri 922/23 Thu 10/12/23 43 45 0% Detail Sheets 3 days Fri 10/13/23 Tue 1 O/17123 44 46 0% Traffic Control 5 days Wed 1011823 Tue 10/241/2345 47 0% Specifications 4days Wed 10/1823 Mon 10232345 48 01/6 OPCC 2 days Tue 1024/23 Wed 10/25/23 47 h 49 O% QA/QC 2 days Thu 10/26/23 Fri 10/27/23 48 50 0% Plan Submittal 0days Fri 10/27/23 Fri 10/27/2349 10/27 51 0% City Review 5 days Mon 10/30/23 Fri 11/3/23 50 , 52 0% Revise Plans 10 days Thu 3/14/24 Wed 3/27124 51,38,34 53 0% Bidding 49 days Thu 3128124 Tue 6/4124 54 0% Notice to Bidders 3 days Thu 3128/24 Mon 4/1/24 M,K,35 55 0% Advertisement 15 days Tue 4/2/24 Mon 4/22/24 54 56 0% Open Bids 1 day Tue 4123/24 Tue 4/23124 55 57 0% Review Bids 15 days Wed 4/24/24 Tue 5114/24 56 58 0% City Council Agenda 5 days Wed 5/15/24 Tue 5121/24 57 59 0% City Council Approves 5 days Wed 5/22/24 Tue 5/28/24 58 60 0% Circulation of Contract 5 days Wed 5/29/24 Tue 6/4124 59 61 0% Construction 263 days Wed 6/5124 Fri 6/6125 62 0% Pre-Construction Meeting 3 days Wed 6/524 Fri 617/24 60 63 0% Construction 250 days Mon 6/1024 Fri 5/23/25 62 64 0% Final Walkthrough 10 days Mon 52625 Fri 6/612563 Task summary External Milestone ♦ Inactive Summary � Manual Summary Rollup Finish-any, ] Date:Tue9/622 Split ................... Project Summary Inactive Task D Manual Task Manual Summary Progress Milestone ♦ External Tasks Inactive Milestone O Duration-only Start-only C Deadline b Page 1 Exhibit D Fee Schedule Project Name: Kenney Fort Blvd 24-inch Reuse Water Line Total Total Other TOTALS Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants Task 1: Design Management, Project Meetings, and Data Coll. 180 $31,400.00 $500.00 $0.00 $31,900.00 Task 2: Routing and Conceptual Design 170 $32,800.00 $1,000.00 $0.00 $33,800.00 Task 3: Preliminary Design (60%) 240 $45,400.00 $1,000.00 $139,000.00 $1851400.00 Task 4: Final Design (90%1100%) 600 $115,200.00 $1,000.00 $0.00 $116,200.00 Task 5: Easements and Permitting 300 $58,400.00 $1,300.00 $94,000.00 $153,700.00 Task 6: Bidding Services 75 $13,900.00 $500.00 $0.00 $14,400.00 Task 7: Construction Contract Administration 410 $79,800.00 $1,000.00 $0.00 $80,800.00 GRAND TOTAL: 1975 $376,900.00 $6,300.00 $233,000.00 $6169200.00 EXHIBIT D - DETAILED Project Name: Kenney Fort Blvd 24-inch Reuse Water L 0 Prepared By: Kimle -Horn and Associates,Inc. Direct Labor(Pe.on-Ilours) Task# Senior Senior Prof Analyst Project Admin Misr. Subtask Task Name Assumptions Pref Prof Controller Labor Labor Dirt Number Subtask Name/Description H 1 Tom[ Total E:Pena¢ $315.00 280.00 190.00 170.00 95.00 $95.00 (hours) (Round) (S I Desi n Mane ¢meat,PM,and DC Project Mera,unean 6 8 14 General Admius,aauu and Subs 4 8 20 32 $500 1...nin,and Pro•ress Reons 12 on.pro/4into ins 6 6 24 36 Data Collection 1 4 8 16 28 Kickoff Meetin8 4 4 6 14 Pontoon Mattlnrs 6meetin" 12 12 27 51 0 Tusk Toml(Hon.) 0 36 46 49 24 20 1]5 180 Task Total(Dollars) $o 510,080 $8,740 $8,330 $2280 $1.900 $31,330 $31400 $500 _ Ruoin and Conce oral Design GIS Hosanna,Development 1 4 12 17 Alignment Exhibits 3 altemazives(GIS) 6 9 27 42 Field Visit 9 9 9 27 Analysis and Recommendation of Routes 3 6 15 24 eve of Conce tOPCC 3 6 9 I8 $1000 N C 2 2 Revisions at AQC 3 4 9 16 Workslso Pre 1 3 4 Worksha and Not. 4 4 6 14 U Task Tool(Hon.) 2 31 43 90 0 0 166 170 Teak Total(Dolor.) $630 $8,680 $9,170 $15,300 $0 $0 $32,780 $32,800 $1000 3 P.3imlea Design 60%) 0 8 bores 0 D.i m Survey 0 Coordination of Subs 1 8 16 25 Survey Clean-up and Utilities 1 4 24 29 Pre are Cover Sheet [ 2 3 Pre are Plan Sheets 7 sheets 7 21 70 98 $1,000 Pre are Details 4sheets 4 8 16 28 _ Develop OPCC 2 4 6 12 QAQC 6 6 h Revisions and Deliverables 4 10 18 32 D Task Tum[(Hou.) 6 25 56 152 0 D 239 240 Tusk Totnl(Dan..) $1890 $7,000 $10640 $25,840 SO $0 545}70 $45,400 $NO,000 4 Final D.i n 90%/100 90%Donee 0 Pre are Cover Sheet 1 2 3 Preme Pm'ect Not.and Sheet Index 2shoots 1 4 8 13 Pre are Control Sheet and Layout 1 2 6 9 Preare Easement Uyaut 2 Sheets 1 4 12 17 Pr are Pro'en Aces and Easement Plan 2Sheets 1 4 12 17 $1000 Protons,Plan-Profile Shells 7 sheets 7 21 70 98 Pre are Dennis 4 sheets 4 8 16 28 Pr ere Erosion Contra[Plans 4 sheets 2 4 8 14 Prepare Erosion Control Details 4 4 IPmm traffic Control Details 13 Sheam 9 1 18 1 24 1 1 1 51 Prepare Contract Bock Coor and Tech Spans 6 12 32 50 Prean Qedum..and OPCC 0 0 0 0 QA/Q( 8 8 16 Rcnsmns mr QVQC 4 8 24 36 0 100%Desi n Prepare Cover Sheet 1 2 3 Prepare Project Notes and Shen Index 2 sheets 1 2 3 Prearc Control Sheet and La out 1 1 2 4 Preere Easement La nw 2 Sheen 2 4 6 Protons Pro ed Access and Easement Plan 2 Sheen 2 4 6 36 50 Preme Plan-Profile Sheds 7tha1s 4 14 49 67 Pre me Details 4shats 1 2 4 8 14 Prepare Erosion Control Plans 4 ehats 1 2 6 1 1 9 Pre rare Erosion Conool Derails 1 2 3 Prepare tmlBc Control Details 3Sheets 5 6 9 20 Prepare Contract Bank Coor and red,SPees4 8 24 36 N.M. .anotia and OPCC 4 6 8 18 A/ C 8 8 16 Revisions per QA/QC 4 8 24 36 6 1'nak"tend(Ilaun) 16 77 142 362 0 0 603 600 Task Total(Whers) $5,040 $21,560 $226,980 $6L540 $0 $0 SIB 120 $315,200 51,000 5 Ensemenb and Permiltin 0 Coordinator and Review of Environmental Documents 3 6 9 I8 15 Easements 0 Surveyor Coordination 5 7 15 27 Draft Easement Boundaries IS 15 22 45 82 $500 Property Owner Madinp 6mMin 18 is is 54 Mcomp Coordinmion 3 6 9 0 RR Appliestion 2 6 12 20 $800 RR Plan Sheet 4 16 22 RR Meetm Virtual 2 2 2 6 UP ComdinatioNComments grounds 6 12 12 30 0 T%DOT Permit 0 UIR 2 4 8 14 Litters 1 2 4 7 Coordination 1 2 4 7 0 Task Total(I tau m) 0 57 88 351 0 0 296 300 Task Total(Dollnrs) 50 $15960 $16720 $25670 so so $58,35.0__ 550,400 S95}00 6 Bidding - 0 Pm Bid Conference 4 4 8 Bidding uemtons 4 4 10 II 29 Addenda 2 addenda assunmd 4 8 10 22 Bid Tab and Recommendation for Award 2 4 10 16 0 $500 0 0 0 0 Task Total(Houn) 0 14 20 30 0 11 75 Task Total(Dollars) EO $3920 53800 $5,100 50 51045 $13,865 513900 5500 7 Comtmdian Contred Adminutntian Pre are Conformed Documents 1 4 8 13 EI 000 Attend pre,constronstion meeting 4 4 6 14 Mcnahly Coordination Mactihm and Notes/Observaltonn 10meetin 30 1 30 40 100 Shop Drawing Review 16 Shop Drawings 16 32 64 112 Construction Schedule Review 3 6 12 21 RR Coordinatino 3 6 12 21 Pay Application Review 1 5 10 16 Testin Report 6 6 12 Final Walkthrou gh 4 4 6 14 Plan/Spec Interpretation 6 12 24 42 Record Drawings 6 12 24 42 0 0 0 Task Total(Hours) 0 74 121 212 0 0 407 410 Task Total(Dollars) $0 $20,720 $22,990 $36,040 $0 $0 $79,750 $79,800 $1,000 KINiLEY-HORN TOTAL(Hours)l 24 1 314 516 1046 24 31 1961 KIMLEY-HORN TOTAL(Dollars)l $7,560 1 $87,920 I $98,040 $177,820 $2,280 $2,945 $376,565 $376,900 SUBCONSULTANT $233,000.00 Miscellaneous Direct Expenses $6.300.00 GRAND TOTAL $615,865.00 $616,200 24 314 516 1046 24 31 $239,300 $7,560.00 $87,920.00 $98,040.00 $177,820.00 $2,280.00 $2,945.00 $615,865.00 EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/28/2022 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Noyola Greyling Ins. Brokerage/EPIC a/c"lv Ext):770-220-7699 FAX ac,No): 3780 Mansell Road,Suite 370 E-MAIL ss: jerry.noyola@greyling.com Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE_ NAIC It INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Allied World Assurance Company(U.S.) 19489 Kimley-Horn and Associates,Inc. INSURER C:New Hampshire Ins.Co. 23841 421 Fayetteville Street,Suite 600 INSURER D:Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD /Y MMIDDYYY A MERCIAL GENERAL LIABILITY G L5268169 04/01/2022 04/01/2023 EACH OCCURRENCE $1,000,000 DAMAGE T RENTED CLAIMS-MADE X OCCUR i PREMISES Ea occurrence) $500,000 X1 Contractual Liab MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I ^ CO ET X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663 4/01/2022 04/01/2023 Ea acciden SINGLE LIMIT 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ i AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per-accident) - — - --- - - - - $ B X UMBRELLA LIAB X OCCUR 03127930 0410112022 04/01/2023 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5-00-0,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATIONWC015893685(AOS) 4/01/2022 04101/2023 X PER OTH- AND EMPLOYERS'LIABILITY ER C ANY PROP RIETOR/PARTNER/EXECUTIVEa WC015893686(CA) 4/01/2022 04/01/2023 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2204949 04/01/2(122:04/0112023 Per Claim$5,000,000 Aggregate$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re: For All Projects with the City of Round Rock.The City of Round Rock,TX is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation&professional liability.This insurance is primary &non-contributory where required by written contract.Waiver of Subrogation is applicable where required by written contract&allowed by law.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days written notice(except 10 days for nonpayment of premium)to the Certificate Holder named below will be provided. CERTIFICATE HOLDER CANCELLATION Ci of Round Rock,TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3183335/M3180897 JNOY1