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Contract - Kimley-Horn & Associates - 6/22/2023 ROUND ROCK T f x.,\ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: KIMLEY-HORN AND ASSOCIATES ("Engineer") ADDRESS: 10814 Jolly"lle Road,Building 4, Suite 200,Austin, TX 78759 PROJECT: Harrell Parkway Reconstruction THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS 0 ,r NTRAjCT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this th ZZI ay of t I I jAjjE -, 2023 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: Q -20Z3 - (so) Engineering Services Contract Rev.02/22 0199.202321;4861-9255-5623 4879-8103-9872;00192831 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto(which exhibits are hereby incorporated into and made a part of this Contract)and all Supplemental Contracts(as defined herein in Article 13)which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time,which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule,then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement.Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract,without modification of the Contract as provided herein, is the sum of Six Hundred Fifty-Four Thousand Seven Hundred Sixty and No/100 Dollars ($654,760.00) 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. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251,V.T.C.A., Texas Government Code,payment to Engineer will be made within thirty(30)days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies,materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies,materials,or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Gerald D. Pohlmeyer Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 218-5589 Mobile Number(512) 645-8373 Fax Number(512) 218-5536 Email Address gpohlmeyer(&roundrocktexas.gov 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Brian Boecker Senior Vice President 10814 Jollyville Road, Building 4, Suite 200 Austin, TX 78759 Telephone Number(512)418-4533 Mobile Number(512) 810-1695 Fax Number N/A Email Address Brian.boecker(a-),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. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services,the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution,by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein,when required to do so by City.No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2)the duration of the Engineering Services.Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation,if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 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 Services completed 9 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 against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a 10 firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) Taxes. Engineer will pay all taxes,if any,required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions,or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. 11 ARTICLE 25 NON-COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons,other than a bona fide employee working solely for Engineer,to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or,in its discretion and at its sole election,to deduct from the contract price or compensation,or to otherwise recover,the full amount of such fee,commission,percentage,brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Engineer shall also notify City,within twenty-four(24)hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section(1)above,including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty(30)days prior to the expiration,cancellation,non-renewal in coverage, and such notice thereof shall be given to City by certified mail to: 12 City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City,to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto,their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract,in whole or in part,by operation of law or otherwise,without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. 13 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: Stephanie L. Sandre City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Brian Boecker Senior Vice President 10814 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 14 performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen(14)calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering,consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions,Engineer does not guarantee that proposals,bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. 15 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 B J /� G�� Y• Signature of Principal Printed Name: Brian C.Boecker 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: _ �'A f)� I Craig Morga , Ma7 Stephanie L. Sandre, City Attorney ATTEST: B Meagan St s, City Jerk 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 19 EXHIBIT A City Services City: Round Rock,Texas Location(s): Old Settlers Park Project: Harrell Parkway Improvements Preliminary Engineering The City of Round Rock (City) will provide the following information and other assistance to the Engineer that the City deems appropriate and necessary: • Provide a project coordinator to work with the Engineer during development of the project. • Provide any readily available pertinent existing information relating to the services to be performed by the Engineer including but not limited to existing topography, existing utility information,record drawings of existing infrastructure, and traffic counts(if available) • Provide proposed park improvements in pdf and CADD format • Provide design criteria, design standards, budgetary limitations, standard forms and related documents for the Engineer to use during preliminary engineering • Provide clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. • Provide 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 the property as required to perform services under this contract, if necessary. • Cover the costs of advertising fees,obtain facilities for public involvement activities,and other direct costs associated with holding public meetings. Harrell Parkway Preliminary Engineering Page 1 May 18,2023 EXHIBIT B Engineering Services City: Round Rock,Texas Location(s): Old Settlers Park Project: Harrell Parkway Improvements Preliminary Engineering PROJECT UNDERSTANDING Kimley-Horn (the "Engineer") will provide professional services for the development of preliminary design of Harrell Parkway from US 79 to Old Settlers Drive. Improvements will consist of pavement rehabilitation/reconstruction(maintaining a two-lane section),bridge replacement at Chandlers Branch, intersection improvements, culvert improvements, approximately one-half mile of roadway realignment, two new pedestrian grade separations (overpass and underpass), and retaining walls to support embankments. The Engineer will provide survey, environmental, geotechnical, preliminary engineering, drainage, and public involvement support services. The Engineer will develop concepts and a preliminary schematic roll plot depicting the proposed improvements for Harrell Parkway. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1—Project Management a) The Engineer will develop the project schedule and work plan for executing the project scope of services. b) The Engineer will prepare and submit monthly invoicing and progress reports. c) The Engineer will attend one (1)project kickoff meeting with the City. Meeting minutes will be prepared by the Engineer for the meeting. d) The Engineer will attend up to ten(10)progress and coordination meetings—This assumes a combination of in person(5)and virtual(5)meetings with the Client.Kimley Horn will produce meeting minutes for each progress meeting. e) The Engineer will conduct up to two (2) Site Visits to confirm field conditions during preliminary design f) Design Team Coordination — Monthly Project Team meetings including Kimley-Horn and Subconsultants. Assumes six(6)team meetings. g) Subconsultant Coordination—Regular coordination between the subconsultants and Kimley- Horn,consisting of file exchanges,scope locations,scope questions,and document preparation. Task Deliverables: i. Project Development Schedule and updates ii. Monthly invoices iii. Monthly progress reports iv. Meeting minutes Task 2—Design Survey The Engineer will contract with SAM LLC to conduct topographic mapping within the corridor. SAM's scope of services consist of: a) Establishing up to 4 primary project control points within the project limits.The survey control points(5/8"iron rods with"SAM Control"plastic caps)will be set in locations that will likely be undisturbed by construction or City maintenance. Horizontal values will be referenced to the NAD83 (2011)Texas Coordinate System,Central Zone). Horizontal values will be represented in US Survey Feet(USFT)and will be adjusted to surface by multiplying by a surface adjustment factor to be provided by the City. The vertical values for this project will be based on the North American Vertical Datum of 1988(NAVD 88), Geoid 2018 model unless specified differently by the Client. b) SAM shall utilize conventional survey methods or Global Positioning Systems to collect cross- sections and break lines at approximate 50-foot intervals within the above described project limits. Major grade-break lines necessary to produce a one-foot interval contour DTM will be collected,as well as any visible improvements including driveways(with type noted),driveway pipes, drainage structures (noting size, material and flowline elevation), edge of pavement, edge (shoulder) line, crown (physical centerline), guardrail, fences, signs (with text) and mailboxes, visible utilities and visible evidence of underground utilities. Trees, 8-inches and larger in diameter,within the project limits will be located and tagged(noting size and species). c) SAM shall collect channel cross sections(3 upstream/3 downstream)at the creek crossing just northwest of the Dell Diamond and (2 upstream/2 downstream) at the culvert crossing just southeast of the equipment storage yard on the northern portion of the project. d) SAM shall collect coordinates on geotechnical boreholes in a separate mobilization. Approximate coordinates of the boreholes shall be provided to SAM prior to mobilizing to the field. e) Quality Level D (QL-D) Record Research Services - Collect existing utility records information (as-builts) from utility providers, municipalities, counties, and other agency suppliers within the area of investigation. These utilities could include electrical, telephone, cable TV, fiber optic,gas,petroleum,water,wastewater, steam, and storm drain systems both current and abandoned. • SAM will attempt to contact utility providers,counties and other agency suppliers identified through the utility easement information, State One-Call systems, and via vehicle reconnaissance and inventory of utility marker posts along adjacent roadways. The sole purpose of this activity is to collect existing record information of utility systems that may have an impact on this project. • Provide QL-D for the length of Harrell Parkway from US 79 to Old Settlers Drive. f) Quality Level C(QL-C)—SAM crew will provide this service consisting of field surveying to obtain accurate horizontal position of visible utility surface features associated with the 2 underground utility systems located along the length of Harrell Parkway from US 79 to Old Settlers Drive. Task Deliverables: i. 2D planimetrics&3D DTM(Microstation V8i) ii. GPK&TIN file iii. 1-Foot Contour map in Microstation V8i DGN format iv. PDF Field Book Copies v. ASCII file of points vi. Photos vii. Survey Control Sheets Task 3—Environmental Documentation a) The Engineer will perform an Aquatic Resources Delineation in general accordance with the U.S.Army Corps of Engineers(USACE) 1987 Wetlands Delineation Manual and appropriate USACE Regional Supplement as detailed below. The Engineer will locate readily available resource documents which may include aerial photographs,historic topographic maps,soil surveys,U.S.Fish and Wildlife Service(USFWS) National Wetlands Inventory (NWI) maps, National Hydrography Dataset (NHD), Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), and other related data for a desktop review of site conditions. The Engineer will perform a site visit to evaluate the existence and approximate locations of aquatic resources on the site generally following the USACE 1987 Wetlands Delineation Manual and the applicable USACE Regional Supplement. Following the site visit, Kimley- Horn will prepare exhibits showing the boundaries (polygons) and acreage and/or linear footage (if applicable) of aquatic resources identified onsite during the site visit. Appropriate feature data, locations, and extents will be collected with a GPS with sub-meter accuracy as required by the USACE. Please note that the USACE does not require survey-level accuracy for delineated aquatic resources. Therefore, this scope of work does not include flagging; however, if warranted by the Client, features can be flagged for an additional fee to allow for surveyors to collect the data at a later date.The Engineer will provide the Client with PDF and CADD versions of the aquatic resources files. The Engineer will prepare a report for the project documenting the results of the aquatic resources delineation performed onsite. The report will address the applicable regulatory framework, describe the assessment methodology, limitations and findings, provide site- specific conclusions and jurisdictional analysis of identified features, and provide recommendations pertaining to compliance with Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The report will also include applicable maps/exhibits, site photographs, and data sheets/forms. This task assumes up to one revision of the delineation report. If additional revisions are requested, additional fees may apply. b) The Engineer will perform a Protected Species Assessment in an effort to assess potential impacts to wildlife species protected by federal laws including the Endangered Species Act (ESA), the Migratory Bird Treaty Act(MBTA), and/or the Bald and Golden Eagle Protection Act(BGEPA)enforced by the USFWS. Potential impacts to wildlife species protected by state 3 laws enforced by the Texas Parks and Wildlife Department(TPWD)will also be assessed. The Engineer will review readily available resources in an attempt to identify potentially suitable habitat for protected species to be evaluated in the field or"spot-checked." Resources may include,but may not be limited to: • Federally and state listed threatened and endangered species on a county-wide basis • USFWS Information for Planning and Consultation(IPaQ portal • TPWD Rare,Threatened,and Endangered Species of Texas by County list • Texas Natural Diversity Database(TXNDD) • Current and historical topographic maps • Current and historical aerial photographs • State ecoregion maps vegetation information/data • Soil survey data • USFWS NWI data • Available existing information regarding topography and geology of the site in an attempt to identify potentially suitable threatened and endangered species habitat A site visit will be performed as part of the protected species assessment. Site observations will be performed to evaluate the presence of federally and/or state-listed threatened and endangered species and the presence of suitable habitat for federally listed threatened and/or endangered species. Additionally,the presence of migratory birds,bald eagles, golden eagles, and suitable habitats will be evaluated. While performing the site visit, species locations (if observed)will be collected with a GPS unit and will be displayed on an exhibit as part of the report. If observed, a preliminary map will be provided to the Client prior to preparation and issuance of the report. It is assumed that this site visit will be performed in conjunction with the aquatic resources delineation. If this task is authorized at a separate time requiring a second mobilization for the site visit,additional fees will apply. Preliminary findings will be provided to the Client following the site visit. The Engineer will prepare a protected species assessment report that will include the applicable regulatory framework,describe the assessment methodology,provide limitations and findings, and provide site-specific conclusions and recommendations. This task assumes up to two revisions of the report. If additional revisions are requested,additional fees may apply. c) The Engineer will engage an archeologist subconsultant to perform a desktop cultural resources review. The results of the desktop review will be compiled in a letter report,which can be used to coordinate the field efforts with the Texas Historical Commission (THC) if a survey is requested during THC review. The purpose of the desktop review is to identify and describe existing cultural resources in the project area, discuss the potential for discovering previously unknown cultural resources, and make recommendations about the need for further archeological work so that the project can proceed. The archeologist will compile information from records/databases,including(as necessary): • Texas Archeological Sites Atlas(TASA) • National Register of Historic Places(NRHP) • Additional records at the Texas Archeological Research Laboratory(TARL) 4 • Natural Resources Conservation Service(NRCS)soil maps • Bureau of Economic Geology geological maps • City,State,or County planning documents(when available) • USGS topographic maps • Records available at city and County historical societies • Published local histories A letter report that details the results of the records search and presents a review of the natural environment and cultural history of the project area, along with conclusions and recommendations of findings. This letter will include a discussion of the potential for the proposed project to affect known archeological sites, State Antiquities Landmarks (SALs),or sites listed or potentially eligible for listing on the NRHP. In addition to this discussion,the letter will also address the likelihood that the proposed project will encounter areas with a high potential for containing cultural resources. The report will be submitted to the Client for review. Upon request from the Client,The Engineer will submit this letter and pertinent project information and plans to the THC for review as required by the Texas Antiquities Code. This consultation is required as it is anticipated the project will disturb greater than five acres and/or 5,000 cubic yards of earthen material and is located on public land. Given that the majority of the project area has been previously disturbed, we do not anticipate that a survey will be required; however,this determination must be made by the THC. This task does not include field survey for cultural resources. d) The Engineer will prepare a USACE Non-Notifying Nationwide Permit memo for the City to file. We understand the proposed project may result in impacts to potentially jurisdictional waters, which would trigger permitting with the USACE Fort Worth District. However, the exact impact locations are unknown at this time. If formal USACE notification and written authorization does not appear to be required upon review of final schematic and potential impacts to jurisdictional waters, The Engineer can document this information specific to the project and how to use the perceived applicable Nationwide Permit in a letter report. This letter report will include regulatory language for the applicable NWP with discussion of selected noteworthy General Conditions. According to the USACE, a linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete project"is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States(i.e., a single waterbody)at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization.However,individual channels in a braided stream or river,or individual arms of a large,irregularly shaped wetland or lake,etc.,are not separate waterbodies, and crossings of such features cannot be considered separately. Though no coordination with the USACE is proposed as part of this Task,the use of this permit constitutes compliance with appropriate Federal regulations. All terms and conditions of the permit must be met by the owner. It is anticipated that Nationwide Permit 14 for Linear Transportation Projects may be applicable for the proposed project. If any triggers for 5 notification to the USACE are met, then it will be necessary to prepare a Pre-Construction Notification and the non-notifying Nationwide Permit memo would no longer be valid. This may be the case if • The NWP General or Regional Conditions can't be met; • Impacts to jurisdictional waters exceeds 0.10 acre at each single and complete project/crossing location; • The project proposes to discharge fill material into special aquatic sites, including wetlands; • The Client requests verification from the USACE. This task assumes impacts to likely waters of the U.S.will be by a linear transportation project (roadway). This task does not include consultation with the USACE; however, this can be performed if warranted as additional services. Task Deliverables i. Preliminary jurisdictional analysis maps ii. Aquatic resources delineation report iii. Protected species assessment report iv. Desktop cultural resources review report v. THC consultation letter vi. USACE Non-Notifying Nationwide Permit memo Task 4—Geotechnical Engineering The Engineer will contract with Beyond Engineering and Testing(BEYOND)to conduct geotechnical studies within the corridor. BEYOND's scope of services consist of: a) BEYOND will determine the location of proposed soil borings for the proposed bridges, retaining walls and roadway pavement in accordance with the latest edition of TxDOT's Geotechnical Manual and applicable sections of City Transportation Criteria Manual (TCM). Where possible,BEYOND will attempt to place borings in off-traffic area.Where it is desirable to check existing roadway pavement thickness or impractical to place borings off traffic, BEYOND will place traffic cones on one side of road to block off traffic when drilling borings. The City will review and provide comments for a boring layout submitted by BEYOND showing the general location and depths of the proposed borings. Once BEYOND receives the City's review comments, BEYOND shall perform soil borings (field work), soil testing, and prepare the boring. b) All geotechnical work must be performed in accordance with the latest version of TxDOT's Geotechnical Manual and City TCM. All testing must be performed in accordance with TxDOT's Test Procedures, which are available at https://www.txdot.gov/business/resources/testing.html. American Society for Testing Materials(ASTM)test procedures may be used only in the absence of the TxDOT procedures. All soil classification must be done in accordance with the Unified Soil Classification System. c) BEYOND shall perform soil borings,rock coring, field and lab testing and analysis to include slope stability analysis, settlement analysis, and foundation design recommendations for 6 proposed retaining walls and bridges.The retaining wall analysis must include the computation of the factor of safety for bearing capacity,global stability,overturning and sliding.In addition, BEYOND shall include allowable bearing pressure, passive earth pressure, friction factor, settlement analysis (consolidation report), and lateral earth pressure for the retaining walls. BEYOND shall provide a signed,sealed,and dated geotechnical report that contains soil boring locations,boring logs, laboratory test results,generalized subsurface conditions,ground water conditions, analyses and recommendations for settlement and slope stability of the retaining walls, pavement layer thickness design, and skin friction tables and design capacity curves including skin friction and point bearing for bridge foundations.BEYOND shall perform scour analysis to include Grain Size distribution curves with D50 value. d) The geotechnical investigation for pavement design shall be performed in accordance with Pavement Design Section of the latest edition of City TCM. The pavement design shall be reviewed and approved by the City prior to its implementation. The pavement design must document assumptions and design considerations. The pavement design must include the following: • Results of the field explorations and testing of pavement sections; • Recommended pavement rehabilitation methods and designs for new pavements; • Design criteria used in determining pavement designs, including traffic loads, pavement material characterization,environmental conditions,and pavement design life; • Design summary from the program used to design(e.g., FPS 21); • Other considerations used in developing the pavement designs, including subgrade preparations and stabilization procedures; • Life-cycle cost analysis is excluded. e) It is assumed that a total of ten(10)pavement borings,to a depth of approximately 15-ft,with 1,000-ft center-to-center spacing are planned to be drilled along the roadway alignment: The pavement borings will be used to check thickness of existing pavement sections,and to develop final pavement layer thickness design. f) It is assumed that there are three bridge/overpass structures along the proposed roadway alignment: • a 550-foot long, vehicular bridge at a low water crossing; three bridge borings to a target depth of 60 feet below ground will be drilled for this bridge.In addition, 1 bulk soil sample will be collected near water crossing bed,to a depth of approximately 2 feet for soil grain size(60)test required for bridge scour analysis. • a pedestrian bridge; two bridge borings to a target depth of 30 feet below ground will be drilled for this bridge. • a pedestrian overpass with 700-ft long, up to 15-ft tall MSE-type retaining walls; two bridge borings to a target depth of 45 feet below ground and two wall borings to a target depth of 30 feet below ground will be drilled for this bridge. Task Deliverables: i. Draft and final geotech report Task 5—Concepts and Alternatives Evaluation a) The Engineer will coordinate with precast bridge manufacturers to understand preliminary pricing,aesthetics,and geometry of precast bridges for pedestrian overpass and underpass. b) The Engineer will develop preliminary alternatives and opinions of probable construction costs for pedestrian bridges. Develop pros/con matrix and provide recommendation of pedestrian bridge type(s)for use. c) The Engineer will create preliminary concept exhibits in 3D format(still photos)of proposed bridge and retaining wall improvements in realigned section of Harrell Parkway. Assume up to five(5)exhibits. d) The Engineer will develop preliminary concept exhibits and opinions of probable construction costs for enhanced pedestrian crossings at up to three(3)intersections.Develop pros/con matrix and provide recommendation of enhanced pedestrian crossings for each intersection. Task Deliverables: ii. Concept exhibits,opinions of probable construction costs,and pros/cons matrix for pedestrian bridges iii. Up to five(5)3D exhibits(still photos)of realigned segment iv. Concept exhibits,opinions of probable construction costs,and pros/cons matrix for enhanced pedestrian crossings Task 6—Preliminary 30% Schematic Design a) The Engineer will develop design criteria and prepare a design summary report documenting design criteria to be presented to the City for review and approval prior to developing geometric design. b) The Engineer will establish horizontal geometry of existing roadway and develop horizontal geometrics for approximately one-half mile of roadway realignment c) The Engineer will evaluate and design vertical profile utilizing Microstation V8i and Geopak roadway design software. d) The Engineer will develop horizontal and vertical alignment for sidewalk and pedestrian bridge over the proposed realignment of Harrell Parkway. e) The Engineer will develop horizontal geometry(no vertical geometry during preliminary design) for proposed shared use path for the limits of Harrell Parkway f) The Engineer will develop a basic 3D corridor model and cross sections at no greater than 100 foot intervals to determine roadway grading limits and limits of retaining wall for realigned roadway section. g) The Engineer will prepare existing and proposed typical sections to be included on the preliminary schematic roll plot. h) The Engineer will prepare draft and final 30%Preliminary Design Schematic roll plots at a scale of 1"=100' horizontally and 1"= 10' vertically. The preliminary design schematic will consist of: • existing topography and utilities • horizontal alignments • vertical profile design • existing and proposed pavement edges • proposed sidewalks/shared use paths • intersection improvements • culvert improvements 8 • proposed bridge locations • proposed retaining wall locations • proposed lane striping i) The Engineer will prepare preliminary Opinion of Probable Construction Cost j) The Engineer will prepare a traffic control narrative and line diagram phasing plan showing proposed detour routes. k) The Engineer will perform Quality Control/Quality Assurance on each schematic deliverable 1) The Engineer will attend one(1)schematic review meeting for draft schematic submittal and prepare comment response matrix for comments received. Task Deliverables: i. Draft and final 30%schematic roll plots ii. Draft and final 30%Opinion of Probable Construction Cost iii. Preliminary cross sections at draft and final submittals iv. Traffic control plan narrative and phasing diagram Task 7—Drainage Study and Report a) Drainage study: Using current effective hydrology and hydraulic models from the city, the Engineer will perform an overall drainage analysis of the existing conditions vs proposed conditions in order to develop the schematic design.The Engineer assumes hydrology from the Chandler Branch effective models are to be used. Development of new hydrology models can be performed as an additional service.The Engineer's analysis will consist of: • Prepare drainage design criteria for culverts,bridges,and ditches • Data Collection: obtain studies,models,terrain, survey,and as-built plans • Culverts(non-FEMA crossings) o Perform Hydrology ■ Define methodology ■ Delineate external drainage areas ■ Determine time of concentration and other drainage area parameters ■ Determine existing and future land use conditions o Perform Hydraulics ■ Develop existing conditions HY-8 model ■ Develop proposed conditions HY-8 model • For Zone AE Chandler Branch,the Engineer will: o Review existing effective hydrologic and hydraulic models from the city o Correct effective hydraulic models with on-ground survey data o Develop proposed condition models based on new roadway vertical and horizontal geometry o Perform floodway modeling based on corrected effective and proposed hydraulic models o Prepare a Conditional Letter of Map Revision(CLOMR)to document pre- 9 construction improvements meet FEMA criteria o Submit CLOMR to City and FEMA electronically o Respond to one round of ordinary and reasonable comments from the City and FEMA. o ESA Compliance Documentation(protected species assessment performed under Environmental Task) • For Zone AE Chandler Branch Trib 5,the Engineer will: o Review existing effective hydrologic and hydraulic models from the city o Develop detailed hydrologic model for SCS Reservoir 17 that accounts for storage upstream of Harrell Parkway crossing o Correct effective hydraulic models with on-ground survey data o Develop proposed condition models based on new roadway vertical and horizontal geometry o Determine impacts to SCS Reservoir 17 and mitigation measures if needed • Preliminary Ditch Analysis o The Engineer will produce interior drainage areas o The Engineer will determine preliminary ditch size needs for schematic b) Drainage Report: The Engineer will prepare a summary showing results of the hydrology and hydraulics into a drainage report. Task Deliverables: i. Draft and final CLOMR ii. Drainage report Task 8—Public Involvement a) The Engineer will prepare fact sheet,sign in sheet,and comment sheet for public meeting. b) The Engineer will prepare public facing exhibits to be presented at public meeting. This will consist of exhibits prepared under Task 5 and a new roll plot with plan view and typical sections only(no profile)showing similar information as the schematic roll plot developed in Task 6. c) The Engineer will attend one(1)open house public meeting in person. It is anticipated that the public meeting is a come and go as citizens are available.No formal presentation is anticipated d) The Engineer will provide electronic copies of public meeting materials for City to publish on City's website. e) The Engineer will prepare public meeting summary documenting comments received and responses to public comments Task Deliverables: i. Fact sheet,sign in sheet,and comment form ii. Public meeting exhibit iii. Public meeting summary 10 Services not included: Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to,the following: a) Final design,bidding,and construction phase services b) Subsurface Utility Engineering outside of what has been defined in this scope. c) City-Owned or Franchise Utility Design d) Landscaping or streetscaping design or schematics e) Tree mitigation or irrigation services f) Expenses for advertising or holding public meeting g) Detailed Historical or Archeological surveys or reconnaissance h) Changes to environmental documents required by updates to Environmental Protection Agency(EPA)or USACE guidance i) Legal Representation at hearings EXHIBIT C Work Schedule Attached Behind This Page Exhibit C Harrell Parkway Preliminary Engineering Project Development Schedule ID ITask Name Duration Start Finish 2024 M n Jul i Aug __Sep_ Oct Nov Doc Jan Feb Mar-_ � Apr 1 Notice to Proceed 1 day Wed 7/5/23 Wed 7/5/23 7/5 2 Topographic Survey 35 days Thu 7/6/23 Wed 8/23/23 3 Geotechnical Testing and Evaluation 50 days Thu 7/6/23 Wed 9/13/23 4 Submit Draft Geotechnical Report 1 day Thu 9/14/23 Thu 9/14/23 9/14 5 City Review Draft Geotech Report 10 days Fri 9/15/23 Thu 9/28/23 z� 6 Revise Geotechnical Report 10 days Fri 9/29/23 Thu 10/12/23 7 Prepare Bridge and Intersection Concepts 20 days Thu 8/24/23 Wed 9/20/23 .. 8 III,City Review Concepts 10 days Thu 9/21/23 Wed 10/4/23 9 Prepare Draft Schematic Roll Plot 40 days Thu 8/24/23 Wed 10/18/23 w-•r� �-was:+- 10 City Review Draft Roll Plot 10 days Thu 10/19/23 Wed 11/1/23a 11 Prepare Final Schematic Roll Plot/Public 20 days Thu 11/2/23 Wed 11/29/23 ._ Meeting Exhibits 12 Public Meeting 1 day Thu 1/11/24 Thu 1/11/24 11/11 13 Public Comment Period and Public 25 days Fri 1/12/24 Thu 2/15/24 Meeting Summary 14 Preliminary Drainage Design/CLOMR 70 days Thu 8/10/23 Wed 11/15/23 15 !City/FEMA Review Drainage Report/CLOM90 days Thu 11/16/23 Wed 3/20/24 16 Finalize Drainage Report/CLOMR 20 days Thu 3/21/24 Wed 4/17/24 Task Project Summary Manual Task 1 1 Start-only [ Deadline Project:Harrell Pkwy Prelim Split Inactive Task Duration-only Finish-only ] Progress Date:Thu 5/18/23 Milestone ♦ Inactive Milestone Manual Summary Rollup External Tasks Manual Progress Summary 1--1 Inactive Summary Manual Summary External Milestone Page 1 Exhibit D - Fee Schedule Project Name. Harrell Parkway Improvements Preliminary Engineering Prepared By: Kimley-Horn and Associates,Inc. Direct Labor(Person-Hours) Task# Senior Senior Prof Analyst Project Admin Sub Misc. Subtask Task Name Assumptions/ Prof Prof IV Controller Lab— Con,ultants Direct Ntunber Subtask Name/Description Notes ❑ 1 anal Expense $300.00r20 190.00 170.00 95.00 $95.00 (hours) (5) ($) I Project Management Project Schedule&Work Plan 4 12 b Invoicingand Progress Report 6 12 30 c Kickoff Meeting and Minutes In person 3 3 9 d Progress Meetin and Minutes 10 Meetings 20 10 50 e Site Visits 2 site visits 3 6 3 18 f Desi Team Coordination 6 Meetings 6 6 6 24 Subconsultant Coordination 6 12 12 2 32 Expenses(Printing,Plotting,Mileage,and Traffic Counts) 0 54,000 Task Total(Hours) 48 67 37 9 14 0 175 Task Total(Dollars) $14,400 $18,760 $7,030 $1,530 $1,330 $0 1 $43,050 1 $0 54,000 2 Design Survey SAM fee(refer to detailed fee schedule provided by SAM) 0 568,994 5%Subconsultant Markup 0 $3,450 QA/QC ofsmvey 4 6 10 0 Task Total(Hours) 0 0 4 6 0 0 10 Task Total(Dollars) $0 $0 $760 $1,020 $0 $0 $1,780 1 $68,994 $3,450 3 Environmental Documentation 0 a Aquatic Resources Delineation 6 8 50 64 b Protected Species Assessment 4 8 30 42 e Desktop Cultural Resources Review 4 4 $2,000 d USACE Non-Notifying Nationwide Permit Memo to File 6 10 35 51 0 Task Total(Hours)l 1 0 20 26 115 0 0 161 Task Total(Dollars) $o $5,600 $4,940 $19,550 so $0 $30,090 $2,000 so 4 Geoteehnical Engineering n BEYOND fee(refer to detailed fee schedule provided by BEYOND) 0 $109,825 5%Subconsultant Markup 0 $5,491 QA/QC of geotechnical engineering 2 6 8 0 Task Total(Hou,$)l 0 1 2 6 0 0 0 8 T.sk Totaloars $U 1 $560 1 $1,140 $0 $0 $0 $1,700 $109,825 SSA 91.00 S Concepts and Alternatives Evaluation a Coordination with Precast Bridge Manufacturers 4 8 12 b Preliminary Analysis Pedestrian Bridges Up to 2 0 Alternatives for Pedestrian Bridges 2 6 16 24 48 Opinions of Probable Constructions Costs 2 4 8 14 Pros/Cons Matrix and Recommendation 2 4 4 2 12 c 3D Concept Exhibits ofPmposed Bridge and Retaining Wall 5 Exhibits 4 8 16 32 60 d Preliminary Concept for Enhanced Pedestrian Crossings Up to 3 0 Exhibit D 5/18/2023 Page 1 of 3 Project Name: Harrell Parkway Improvements Preliminary Engineering Prepared By: Kimley-Horn and Associates,Inc. Direct Labor(Person-Hours) Task# Senior Senior Prof Analyst Project Admin Sub Misc. Subtask Task Name Assumptions/ Prof Prof Iv Controller Labor Consultants Direct Number Subtask Name/Description Notes it I Total Expense $300.00 280.00 190.00 170.00 95.00 $95.00 (hours) ($) ($) Alternatives for Enhanced Pedestrian Crossings 2 8 20 32 1 62 Opinions of Probable Constructions Costa 2 4 8 14 Pros/Cons Matrix and Recommendation 2 4 4 2 12 0 Task Total(Hours) 12 34 68 108 0 0 1 222 Task Total(Dollars) $3,600 $9,520 $12,920 $18,360 $0 1 $0 $44,400 so s0 6 Preliminary 30%Schematic Design 0 a Develop Design Summary Report 2 2 4 4 12 b Horizontal Geometry 0 Existing Horizontal Alignment 2 4 8 14 Horizontal Alignment for Realignment 2 8 16 12 38 c Evaluate and Design Vertical Profile 4 8 20 40 72 d Horizontal and Vertical Alignment for Sidewalk and Pedestrian Bridge 2 4 12 18 1 36 c Horizontal Alignment for SUP along Harrell Parkway 2 6 6 14 f 3D Corridor Model 2 16 60 40 118 f Crow Sections 4 8 20 40 72 Existing and Proposed Typical Sections 2 4 8 12 26 h 30s/.Preliminary Design Schematic 4 20 60 120 204 i Opinion of Probable Construction Cost 2 6 12 20 1 40 TretTic Control Plan Narrative and Phasing Diagram 2 4 8 12 26 it QA/QC 12 12 8 32 I Schematic Review Meeting(1) 2 2 2 6 I Comment/Response Matrix and Schematic Roll Plot Revisions 4 12 24 48 88 0 Task Total(Hours) 44 1 110 264 380 0 0 798 Task Total(Dollars) $13,200 $30,800 $50,160 $64,600 $0 $0 $158,760 s0 s0 7 Drainage Study and Report a Prepare drainage design criteria memo 1 2 4 7 b Data Collection(effective studies/models,as-builts) 2 8 10 $400 c Culvert Hydrology(rational method)(assume 5) 2 6 16 40 64 d Culvert Hydraulic(HY-8)analysis existing(assume 5) 2 8 24 34 e Culvert Hydraulic(HY-8)analysis proposed(assume 5) 2 4 12 36 54 f Review FEMA Crossings Hydrology(HEC-HMS)(Chandler Branch) 2 4 4 t0 Correct Existing FEMA Crossings Hydraulics(HEC-PAS)(Chandler Branch) 2 4 12 24 42 h Proposed FEMA Crossings Hydraulics(HEC-RAS)(Chandler Branch) 2 4 12 24 42 Perform floodway modeling(Chandler Branch) 4 6 12 24 46 j Prepare and Submit CLOMR to City/FEMA(Chandler Branch) 2 8 24 60 94 k Repond to City/FEMA comments on CLOMR(Chandler Branch) 2 6 16 36 60 1 FEMA Crossings Hydrology(HEC-HMS)(Chandler Branch Trib 5) 2 4 8 16 30 in Correct Existing FEMA Crossings Hydraulics(HEC-RAS)(Chandler Branch Trib 5) 2 4 12 24 42 Proposed FEMA Crossings Hydraulics(HEC-RAS)(Chandler Branch Trib 5) 2 4 12 3- 54 Exhibit D 5/18/2023 Page 2 of 3 Project Name: Harrell Parkway Improvements Preliminary Engineering Prepared By: Kimley-Horn and Associates,Inc. Direct Labor(Person-Hours) Task# Senior Senior Prof Analyst Project Admin Sub Mise. Subtask Task Name Assumptions/ Prof Prof IN controller Labor Consultants Direct Number Subtask Name/Description Notes ❑ 1 Total Expense $300.00 280.00 190.00 170.00 95.00 $95.00 (hours) (S) (S) 0 Detemtine impacts to SCS Reservoir 17 and mitigation measures needed(Chandler Branch Trib 5) 4 18 36 60 Ditch Internal Drainage Areas 2 12 24 38 Preliminary Ditch Sizing/Analysis 2 12 24 38 Drainage Report 4 6 12 24 46 Task Total(Hours) 31 68 204 468 0 0 771 Task Total(Dollars) $9,300 $19,040 $38,760 $79,560 $0 $0 $146,660 S0 S400 8 Public Involvement 0 a Prepare Fact Shcct,Sign-in Shcet,and Comment Sheet 2 4 8 16 30 b Public Meeting Exhibits 2 8 20 40 70 c One(1)Open House Public Meeting In Person 6 6 6 18 d Provide Public Meeting Docments for City Website 2 2 4 8 e Public Meeting Summary with Repsowvs to Public Comment 2 8 12 20 42 0 Task Total(Hours)l 12 28 48 NO 0 0 168 Task Total(Dollars) $3,600 $7,840 $9,120 $13,600 $0 $0 $34,160 s0 s0 KIMLEY-HORN TOTAL(Hours) 147 329 657 1166 14 0 2313 KIMLEY-HORN TOTAL(Dollars) $44,100 $92,120 $124,830 $198,220 $1,330 $0 $460,600 SUBCONSULTANT TOTAL(Dollars) so s0 $0 s0 s0 $0 $180,819 E� Kimlev lloro Expenses and Subconsultant Mark-up(Dollars) $13,341 GRAND TOTAL11 $654,760 1 Project Management $47,050.00 2 Desi n Surve $74 224.00 3 Environmental Documentation S32 090.00 4 Geotechnical Engineering $117 016.00 5 Conce is and Alternativee Evaluation $44 400.00 6 Prellmlua 30•/s Schematic Design $158 760.00 7 Draina a Stud and Report $147 060.00 8 u c ovo vement $34,160.00 tal $654,760.00 Exhibit D 5/18/2023 Page 3 of 3 FEE SCHEDULE(SAM,LLC)- TIME AND MATERIALS PAYMENT BASIS DESIGN SURVEY Pmject:Harrell Parkway Client:Kimley Hom Date:April 12.2023 Proposal Number: 1023078504 TASK DESCRIPTION SENIOR SENIOR TOTAL PROJECT SURVEY 2-PERSON FIELD SUE PROJECT SUE OFFICE PROJECT SURVEY SUE PHASE MANAGER LABOR HRS. MANAGER MANAGER TECHNICIAN TECHNICIAN SURVEY CREW COORDINATOR MANAGER TECHNICIAN gCOSTS Establlah up 4 primary control prints 1 4 8 16 30 1 $8,995.00 Collect Design Surn -2 miles 2 8 12 30 100 5 $24,905.00 Collecl Tress(8-inches In dlametar and larger) 1 2 2 4 30 1 S6,755.00 Collect Cross Secdons 1 2 2 4 30 1 S6,755.00 Collect Soreholes 15-20 1 1 2 15 53,190.00 SUE OL-D 6 2 10 24 $5.570.00 SUE OL-C 6 2 12 28 $6,300000 CIA/QC Prepare Final Dslivsreblas 2 4 8 8 $2,920.00 SupplamanW Design Survey Sub Total 7 33 33 64 205 1 8 4 22 52 $65,390.00 $1,750.00 E5.775.00 E3,795.00 $6.400.00 $36,900.00 $1,000.00 $860.00 $3,190.00 $5,720.00 CONTRACT RATE PER HOUR $250.00 $175.00 $115.00 $100.00 $180.00 $125.00 $215.00 $145.00 $110.00 OTHER DIRECT EXPENSES 0 OF UNITS COST/UNIT Milea number- current state rate 18130 $0.655 mile $1,179.00 GPS RTK 170 $10.00 hr $1,700.00 SXA0 Terrestrial Scanner 15 $35.00 per hour $525.00 Primary Control Monuments 4 550.00 each $200.00 SUBTOTAL DIRECT EXPENSES 53,804.00 Y Desi n Surve Sub-Total E65,390.00 NON-SALARY(OTHER DIRECT EXPENSES) 53,604.00 TOTAL SAM SU SSS,SS4.00 Harrell Parkway Improvements Preliminary Engineering Attachment E City of Round Rock,Texas Fee Schedule Subprovider:Beyond Engineering and Testing,LLC 05/17/2023 Support Manager— Engineer(Senior) Engineer(Project) Engineer(Design) Engineer-In- Engineer-In- Administrative/ Labor Labor Sheet Task Description them/ENV/PS&E Training II Training I Clerical Hour Cost Count SD Total Total Total FC 160(163)-Miscellaneous(Roadway) FC 163.3 Geotechnical Borings and Investigations 0 $ - N/A Collect and review as-built plans and project planning 0 1 1 $ 144.09 Boning layout,site reconnaissance&boning staking 1 2 10 13 $ 1,447.23 Utility Clearance(TX811)and Coordination with TxDOT 10 10 $ 1,072.60 Traffic control planning and ROW permit coordination with City 4 4 $ 461.08 Logger mob/demob 4 4 $ 429.04 Drilling coordination and logging 8 80 88 $ 9,733-52 Review field logs 4 20 24 $ 2,881.76 Assign laboratory testing 4 20 24 $ 2.88176 Laboratory test data review 4 20 24 $ 2,881,76 Boning logs preparation 4 20 24 $ 2,881.76 Bridge Foundation Capacity Curves and D50 for Scour 4 8 12 $ 1,921.16 Bridge Lpile Parameter Table 4 8 12 $ 1,921.16 Pavement Design and Recommendations 0 2 4 12 18 $ 3,016.22 MSE Wall Analysis:Settlement,Sliding,Overturning,Eccentricity,Bearing, 0 2 4 16 22 $ 3,592.58 QA/QC Review 0 2 2 $ 51870 Draft Geotechnical Report Preparation 0 2 12 24 4 42 $ 6,743.26 N/A Final Geotechnical Report Preparation 0 2 4 8 2 16 $ 2,670.40 N/A Project Monthly Invoicing 8 8 $ 640.40 N/A 0 $ N/A Subtotal Labor Hour 0 10 32 102 92 104 8 348 $ 45.838.48 N/A Contract Rate Per Hour $ 262.56 $ 259.35 $ 192.11 $ 144.09 $ 115.27 $ 107.26 $ 80.05 Subtotal Labor Costs FC 160(163) $ - $ 2,593.50 $ 6,147.52 $ 14,697.18 $ 10,604.94 $ 11,155.04 $ 640.40 $ 45,838.48 Other Direct Expenses Services to be Provided Unit Fixed Cost/Unit Max Cost/Unit Quantity Subtotal Travel Mileage mile $ 0.655 200.0 $ 131.00 Daily Logger and Dnll Crew Mob-Demob for two weeks. Mobilization of coring equipment used to dnll flexible and rigid Two weekly pavement(2-man crew minimum,Labor paid sepamtely)(less trip $ 600.00 2.0 $ 1,200.00 Mob/Demob. 100 miles Traffic Control Portable Message Board day Page 1 of 3 Exhibit E Harrell Parkway Improvements Preliminary Engineering Attachment E City of Round Rock,Texas Fee Schedule Subprovider:Beyond Engineering and Testing,LLC 05/17/2023 Flashing Arrow Board day $ 600.00 $ Single Lane Closure with Traffic Cones(20 or less)and Road day $ 400.00 3.0 $ 1,200.00 Assume 3 days of single-lane closure,without fiagger Work Si ns 2 or less Subtotal Other Direct Expenses I $ 2,531.00 Unit Costs Services to be Provided Test Code Unit Cost/Unit Quantity Subtotal Geotechnical Engineering Services California Bearing Ratio(CBR)of Laboratory-Compacted Soils ASTM D1883 test $ 380,00 2.0 $ 760.00 1 test per pavement mile (Single ,am . without MD Curve Unconfined Compressive Strength(Soil) ASTM D2166 each $ 80.00 28.0 $ 2,240-00 2 tests per badge/wall Bore;1 test per pavement Bore. One-Dimensional Consolidation Properties of Soils Using ASTM D2435 each $ 567.00 2.0 $ 1,134.00 1 lest per retaining wall. Incremental Loadin Unconfined Compressive Strength(Rock) ASTM D2938 each $ 110,00 9.0 $ 990.00 1 test per wall/bridge boring Standard Test Method for Moisture,Ash,and Organic Matter of Peat and Other ASTM D2974 each $ 67.00 2.0 $ 134.00 1 test per pavement mile Organic Soils Direct Shear Test of Soils Under Consolidated Drained ASTM D3080 set of 3 $ 721.00 2.0 $ 1,442.00 1 test per retaining wall. Conditions One Dimensional Swell or Coils se of Soils,Method C ASTM D4546 each $ 309.00 2.0 $ 618.00 1 test per pavement mile Soil Boring/Rock Coringwith TCP <60 ft. Tex-1 LF $ 47.00 540.0 $ 25,380.00 10 roadway pavement bores to 15%2 bores to 30'at the pedestrian bridge;2 bridge bores to 45',and 2 n Soil Boring/Rock Coringwith TCP >60 ft. Tex-132-E LF $ 55.00 $ 3 bores to 60'at the vehicular bridge at low-water crossing. Soil O anic Content Usin UV-Vie Method Tex-148-E each S 450.00 0.0 $ Borehole Gr.. -Bentonite Chi s N/A LF $ 11.00 540.0 $ 5,940.00 sumo 540LFl7Oft per day=8 days of drilling. CoroldrllI opsrstorltechnician and coring equipment used to drill Oexlble and rl Id avement 2-man crew: a 4-in.diameter cores NIA inch $ 13.00 0.0 $ b 6-in.diameter cores N/A inch $ 17.00 0.0 $ Core Repair/Patch Asphalt Cold Mix N/A each $ 93.00 10.0 $ 930.00 Assume 10 pavement bores will be on existing pavement. Night Drilling Surcharge N/A each $ 567.00 0-0 $ Nighttime Testing(addifional fee per hour,all pavement N/A each $ 47.00 0.0 $ - teslin ui meat Non Destructive Deflection Testin Falling Weight Deflection FWD N/A day $ 3,605.00 0.0 $ Heavy Weight Deflection HWD N/A day $ 3,811.00 0.0 $ Materials Engineering Services SoilsTests Determining Moisture Content in Soil Materials Tex-103-E each $ 16.00 108.0 N$ l,""4(8)87.000 1 tests per 5 linear ft of drilling Determinin Liquid Limits of Soils Tex-104-E each $ 52.00 54.0 1 test per 10 linear ft of drilling DeterminingPlastic Soil Limits Tex-105-E each $ 52.00 54.0 1 lest per 10 linear ft of drilling Calculatingthe Plastic' Index of Soils Tex-106-E each $ 42.00 64.0 1 lest per 10 linear It of drilling Determinin the Bar Linear Shrinkage of Soils Tex-107-E each $ 62.00 0.0 Determinin the Specific Gravityof Soils Tex-108-E each $ 78.00 0.0 Particle Size Analysis of Soils,Part II-Hydrometer Tex-110-E each $ 150.00 1.0 1 test per Water Crossing Bridge Particle Size Analysis of Soils Tex-110-E each $ 114.00 13.0 Assuming 25%of Tax-111-E Determining the Amount of Material in Soils Finer than the 75 micrometer Tax-111-E each $ 78.00 54.0 $ 4,212.00 1 tests per 10 linear ft of drilling No.200 Sieve Admixing Lime to Reduce Plasticity Index of Soils Tex-112-E each $ 206.00 0.0 $ Page 2 of 3 Exhibit E Harrell Parkway Improvements Preliminary Engineering Attachment E City of Round Rock,Texas Fee Schedule Subprovider:Beyond Engineering and Testing,LLC O5117/2023 Laboratory Compaction Characteristics and Moisture-Density Relationship of Ten-114-E each $ 304.00 20 $ 608.00 1 test per pavement mile Subgrade,Embankment Soils,and Backfill Material Soil-Lime Testing-Pan 3 Tex-121-E each $ 412.00 2.0 $ 824.00 1 test per pavement mile Potential Vertical Rise of Natural Sub grade Soils Tex-124-E each S 129.00 2.0 $ 258.00 1 test per pavement mile Determining Soil pH Tax-128-E each $ 57.00 5.0 $ 285.00 1 test per pavement mile,1 test per bridge. Consolidated Undrained(CU)Thaxial Compression Test for Undisturbed Soils- Tex-131-E set of 3 $ 1,906.00 2.0 $ 3,812.00 1 test per retaining wall. Multiple Change Laboratory Classification of Soils for En ineenn Pu ed Tex-142-E each $ 62.001 0.0 $ Determining Sulfate Content in Soils-Colodmetnc Method Tex-145-E each $ 129.00 5.0 $ 645.00 1 test per pavement mile,1 test per bridge. Subtotal Unit Costs S 11,456.00 Fee Schedule Summary Subtotal Labor Costs $ 45,838.48 Subtotal Other Direct Expenses $ 2,531.00 Subtotal Unit Costs $ 61,456.00 Total Fee Beyond Engineering and Testing,LLC $ 109,825.48 Page 3 of 3 Exhibit E EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 238109 KIMLASS DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 5/10/2023 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 NAME: .ferry Noyola Edgewood Partners Ins. Center PHONE 770-220-7699 FAX A/C No Eli: A/C No): 3780 Mansell Rd. Suite 370 E-MAIL re n certs re ln ADDRESS: 9 Il y 9 �gI y. 9•com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co of Pittsburg 19445 INSURED INSURER B:Allied World Assurance Co(U.S.)Inc. 19489 421 F y-Horn and Associates, INSURER C:New Hampshire Insurance Company 23841 21 Fayetteville Street, Suite 600 Llo d s of London 085202 Raleigh, NC 27601 INSURERD: Y INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 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. LTRR TYPE OF INSURANCE NSRADIDLSUBR WVD POLICY NUMBER MM/LDDY� MM/DDY� LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 4/01/2023 04101/2024 EACH p�OCCURRENCE s2,000,000 CLAIMS-MADE �OCCUR PREMISES ERENTED o.Tu ence $1,000,000 _ X Contractual Liab MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY�JECOT �LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663(AOS) 4/01/2023 04/01/202 EO aBaI.INdeD SINGLE LIMIT 2,000,000 A X ANY AUTO CA2970071 (MA) 4/01/2023 04/01/2024 BODILY INJURY(Per person) $ OWNED F SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ $ B X UMBRELLA LIAB X OCCUR 03127930 4/01/2023 04/01/2024 EACH OCCURRENCE $5000000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 _ DED I X RETENTION$10 000 $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC015893685(AOS) 4/01/2023 04/01/202 X PSTATUTE I ER OTH- C ANY PROPRIETOR/PARTNER/EXECUTIVE WC015893686(CA) 4/01/2023 04/01/202 E.L.EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? 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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 City of Round Rock,TX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 4w. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5555963/M5396852 JN002