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Contract - Johnson, Mirmiran & Thompson, Inc. - 11/16/2023 1 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: JOHNSON, MIRMIRAN & THOMPSON, INC. ("Engineer") ADDRESS: 801 E. Old Settlers Boulevard, Round Rock, TX 78664 PROJECT: Gattis School Road Segments 4 & 5 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § TH15 CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the 142!day of /IOVe4UO-A,-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: 202 3- 38CI Engineering Services Contract Rev.02/22 0199.202331;4892-5311-5012 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 One Million Four Hundred Twenty-Three Thousand One Hundred Sixty-Five and No/100 Dollars $1,423,165.00) 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: Greg Ciaccio Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512)218-7017 Mobile Number(737) 343-2431 Fax Number(512)218-5563 Email Addresscig accioaroundrocktexas.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: Ryan Friesenhahn, P.E. Associate 801 E. Old Settlers Boulevard Round Rock TX, 78664 Telephone Number(512) 942-6873 Fax Number(512) 819-9625 Email Address RFriesenhahn(a jmt.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: Ryan Friesenhahn, P.E. Associate 801 E. Old Settlers Boulevard Round Rock TX, 78664 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 JOHNSON, MIRMIRAN &THOMPSON, INC. By: A��L Signature of Principa Printed Name: Kristi Flagg, PE 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: , Craig M rgan, or tep anie CSandre, City Attorney ATTEST: B - 41 '-"r 4eaggan Spi , Ci erk 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 The city will furnish to the Engineer the following information and/or perform the following tasks: 1. Provide any existing data the Owner has on file concerning the project, if available. 2. Assist with the coordination of any required public involvement, attend one-on-one meetings with officials, neighborhood groups, and local businesses and attend an open house, if necessary. For public meetings or hearings, schedule and reserve the meeting location and place the required advertisements. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, Upper Brushy Creek Water Control & Improvement District, neighboring Cities and/or other franchise utility companies. 4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 5. Meet on an as needed basis to answer questions, provide guidance and offer comment. 6. Provide construction inspection and construction testing services including coordination and scope of services. 7. Provide existing signal timing information for study intersections. Page 1 of 1 Exhibit A EXHIBIT B Engineering Services Project Background The City of Round Rock (the "City")proposes widening Gattis School Road from the existing 4- lane section to a Major Arterial Divided(MAD) 6 typical section from Double Creek Drive to Via Sonoma Trail (the "Project") utilizing the services of Johnson, Mirmiran & Thompson, Inc., (the "Engineer") as the prime consultant. The reconstruction limits were calculated between MAD 6 sections constructed in adjacent projects (Gattis School Road Segments 3 & 6 and Kenney Fort Blvd Segments 2 & 3) and measured approximately 0.86 miles (0.59 miles from Double Creek Drive to Kenney Fort Blvd&0.27 miles from Kenney Fort Blvd to Via Sonoma Trail). The scope of services includes topographic and right-of-way surveys; SUE investigations; geotechnical investigations; environmental clearance documents; preliminary design; preparation of design schematics and public involvement exhibits; and plans, specifications, and estimates (PS&E). The Engineer shall maintain a direct line of communication and coordinate closely with the City's designated representative, local municipal agencies, and utility companies throughout the project. The Engineer shall complete the services to be provided by the Engineer according to the milestone work schedule established in the work authorization. The Engineer shall submit a written progress report to the City monthly indicating the actual work completed during the month, scheduled work to be performed for that month, and the estimated work to be completed for the coming month. GENERAL REQUIREMENTS A. Right-of-Entry and Coordination. The Engineer shall notify the City and secure permission to enter private property to perform any surveying, environmental, engineering, or geotechnical activities needed beyond existing right-of-way. The Engineer shall not commit acts which would result in damages to private property, and the Engineer shall make every effort to comply with the wishes and address the concerns of affected private property owners. The Engineer shall contact each property owner prior to any entry onto the owner's property. B. Quality Assurance and Quality Control.The Engineer shall provide peer review at all levels. For each deliverable,the Engineer shall have some evidence of their internal review and mark- ups of that deliverable. The City's project manager may require the Engineer to submit the Engineer's internal mark-ups (red lines) or comments developed as part the Engineer's quality control step. The Engineer shall clearly label each document submitted for quality assurance as an internal mark-up document. C. Traffic Control for Fieldwork. The Engineer shall provide traffic control in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) when performing onside activities associated with this Project. Page 1 of 20 Exhibit B TASK DESCRIPTIONS AND FUNCTION CODES The Engineer shall categorize each task performed to correspond with the Function Codes (FC) and Task Descriptions. FC 110—Route and Design Studies A. Data Collection and Field Reconnaissance. The Engineer shall collect, review and evaluate data described below. The Engineer shall notify the City in writing whenever the Engineer finds disagreement with the information or documents: 1. Data, if available, from the City, including "as-built plans", right-of-way maps, existing schematics, previous corridor studies, Subsurface Utility Engineering (SUE) mapping, existing cross sections, existing planimetric mapping, environmental documents, existing channel and drainage easement data, existing traffic counts, accident data, identified endangered species, identified hazardous material sites, current unit bid price information, current special provisions, special specifications, and standard drawings. 2. Documents for existing and proposed development along proposed route from local municipalities and local ordinances related to project development. 3. Readily available flood plain information and studies from the Federal Emergency Management Agency (FEMA), the U. S. Army Corps of Engineers (USACE), local municipalities and other governmental agencies in addition to that provided by the City. 4. The Engineer shall conduct field reconnaissance and collect data including a photographic record (to be maintained in Engineer's office) of notable existing features. B. Design Criteria. The Engineer shall develop the roadway and drainage design criteria based on the controlling factors specified by the City and by using the design speed, functional classification, roadway class and any other set criteria. In addition, the Engineer shall prepare the Design Summary Form (DSF) and submit it electronically. The Engineer shall obtain written concurrence from the City prior to proceeding with the design. C. Sequence of Construction. The Engineer shall develop preliminary sequence of construction exhibits to depict maintenance of traffic during the various phases of construction. The exhibits should include limits of construction, traffic flow arrows, limits of temporary pavement, temporary drainage and signals, traffic control signs and channelizing devices. Project is assumed to connect adjacent projects under construction(Kenney Fort,GSR Segments 3 &6). D. Preliminary Cost Estimates. The Engineer shall develop a preliminary cost estimate using TxDOT's Average Low Bid Unit Price data, Bid Tabs from adjacent City projects, and engineering judgment. The preliminary cost estimate shall be accurate enough to compare to the allocated funding amount to ensure the completed design will be within budget. Page 2 of 20 Exhibit B E. Coordination Meeting. The Engineer, in cooperation with the City shall plan, attend, and document a Design Concept Conference(DCC)meeting to be held prior to the Initial milestone submittal. In preparation for the DCC, the Engineer shall complete the DSF to serve as a checklist for the minimum required design considerations. The meeting will provide for a brainstorming session in which decision makers, stakeholders and technical personnel may discuss and agree on: 1. Roadway and drainage design parameters 2. Engineering and environmental constraints 3. Project development schedule 4. Other issues as identified by the City F. Geotechnical Borings, Investigations and Pavement Design: The Engineer shall conduct field investigations, perform laboratory testing, and recommend pavement design in accordance with the City of Round Rock Transportation Criteria Manual. The Engineer is responsible for arranging utility locates and providing a traffic control plan in accordance with TxDOT standards. 1. Engineer shall verify the existing pavement structure with proposed borings. 2. Obtain and review existing and available geotechnical and geologic information. Perform field reconnaissance of the project limits. Attend one (1) coordination meeting. 3. Perform pavement design borings on the 0.86-mile roadway segments, obtaining boring samples at maximum 500-foot intervals with locations selected on alternating sides of the existing 4-lane roadway from Double Creek Drive to Via Sonoma Trail (excluding limits of Gattis School Road Segments 3 & 6 and Kenney Fort Blvd Segments 2 & 3). Borings are estimated to consist of the following: • 11 borings to a depth of 15 feet or a minimum penetration of 5 feet into competent limestone. • Perform dynamic cone penetrometer(DCP)testing at each boring location to evaluate subgrade stiffness. • Borings shall occur within the limits of the existing roadway as well as between the existing roadway edge and the ROW line, dependent upon utilities and access. • Borings will be marked for surveying of ground elevations & coordinates. • Backfill borings with cuttings from the boring or bentonite. Patch pavements with cold mix asphalt or concrete (match existing pavement surface). • Perform laboratory testing to classify soil strata, evaluate plasticity and shrink/swell potential and evaluate the compressive strength. Tests shall include moisture contents, Atterberg Limits, unconfined compressive strengths, sieve analyses, lime- series tests, and sulfate content tests. Page 3 of 20 Exhibit B • Develop a recommended flexible pavement design,with alternative rigid pavement design at major intersections, and designs for temporary pavement that included a flexible pavement design and a full depth HMA pavement design following City of Round Rock methodology. 4. Perform 7 retaining wall borings (4 total retaining walls, with borings placed at approximately 200-foot intervals)to approximate depths of 15 feet below proposed grade. Borings are estimated to consist of the following: • Borings shall occur within the limits of the existing roadway edge and the ROW line, dependent upon utilities and access. • Borings will be marked for surveying of ground elevations and coordinates in order to locate in the plans. Surveying of the boring locations will be performed by others. • Backfill borings with cuttings from the boring or bentonite. • Perform laboratory testing to characterize the uniformity and strength for the soils. Laboratory testing will include: USCS Soil Classification, Atterberg Limits, sieve analyses, moisture content, and unconfined compression tests. • For spread footing walls, recommend the design soil lateral earth pressure and provide bearing capacity, sliding and slope stability analyses and evaluate the settlement of the wall. 5. Prepare Geotechnical report to include the summary of field investigations, laboratory testing results, recommended pavement design and recommendations for retaining wall foundations. Geotechnical report will consider geotechnical recommendations from adjacent segments of Gattis School Road to ensure there is consistency in recommendations across the Project. FC 120 -Environmental Documentation The Environmental Services will include all studies and documentation required for the various regulating authorities, including the Texas Historical Commission (THC), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Williamson County Conservation Foundation (WCCF) and the City of Round Rock. The intention of the Environmental Services is to attain necessary clearance letters and approvals in order to proceed with the proposed project. A. Data Collection Process: 1. Data Collection& Field Reconnaissance: Collect readily available environmental information relative to the project area from the appropriate local, state, and federal agencies. A regulatory records review will be performed to identify listed hazardous waste generators, treatment, storage and disposal facilities; solid waste landfills, unauthorized sites; documented spills; oil and gas exploration and production sites; and underground storage tank sites within the proposed site location. Page 4 of 20 Exhibit B The review will also identify other environmental risks along the project corridor. A site reconnaissance will be conducted to visually inspect the project site for additional risks and field verify any environmental risks as identified by the review. B. Hazardous Materials Records Review 1. A Hazardous Materials Review shall be completed, based on the regulatory records search and field reconnaissance conducted during the data collection process. This Records Review will identify potential hazardous material sites that may be impacted by the proposed project. This scope does not include preparation of a Phase I Environmental Site Assessment. C. Section 404 Clean Water Act Compliance 1. A wetland determination will be conducted in the project area and summarized in a delineation report. Specific impacts of the project on waters of the U.S. will be deter- mined, measures to minimize the impacts will be identified. A revised report will discuss applicable Section 404 options in accordance with the current permits and conditions. 2. Authorization under section 404 of the Clean Water Act is not anticipated. For the purposes of this scope & fee, it is assumed that permitting would not include the preparation of either a Pre-construction Notification or Individual Permit to the USACE. D. Endangered Species Act Compliance 1. An analysis of the project's effects on federally listed threatened and endangered species will be conducted and reported in a letter to document the project's compliance with the Endangered Species Act. In addition to background research, a site visit would be conducted to assess the habitat relative to the habitat requirements of the federally listed species of potential occurrence in the project area. For the purposes of this scope and cost estimate, it is assumed that no federally listed species or suitable habitat would be impacted by the proposed project. E. Texas Antiquities Code (TAC) Compliance 1. A background search of the appropriate files at the Texas Archeological Research Laboratory and the Texas Archeological Sites Atlas will be conducted to locate any known archeological sites within the project area. 2. A project initiation letter and Texas Antiquities Permit application and associated scope of work will be prepared for submittal to the City, and the THC. Coordination with the THC will also be conducted regarding the project scope and compliance requirements. Page 5 of 20 Exhibit B 3. If required by the THC, a survey will be conducted and will be of sufficient intensity to determine the nature, extent, and if possible,potential significance of any cultural resources located with the project area. The survey will consist of a 100 percent pedestrian survey with shovel testing as necessary. 4. An intensive survey report will be produced, in accordance with the full report guidelines as outlined by the THC's Rules of Practice and Procedure, if any historic or prehistoric sites are discovered during the survey. If no cultural resources are found during the survey, then a short report format will be followed. The report will evaluate, to the extent feasible, the potential for designation of the recorded archeological sites as State Archeological Landmarks, and for eligibility to the National Register of Historic Places (NRHP) at the survey level of effort consistent with the TAC. The report will be coordinated with the THC, respond to any comments, and provide documentation of the coordination to the City. 5. Project records, forms, artifacts, photos, and documentation will be submitted to the THC, and to an appropriate curation facility along with report final copies to complete the TAC permit per THC requirements. 6. The following assumptions have been made based on an initial project review and the likely outcome of the survey: • No federal funding and no NHPA Section 106 coordination • No backhoe trenching or deep subsurface prospection costs • No new archeological sites identified • Excludes any additional field or archival investigations of any kind recommended by the THC following review of survey report • No survey of any project elements outside of a 200-foot survey corridor Submittals of draft versions will be made electronically with PDF's and Word versions submitted via email. Final submittal includes one hard copy and submitting PDF copies. The Public Involvement Services will include up to three (3) Property Owner Meetings. The intention of the Public Involvement Services is to work closely with property owners, residents, local business owners and the community to collect and incorporate input and provide updates on the project as they become available. F. Project Contact Database 1. Develop and maintain a project contact database in Excel format which includes nearby property owners and residents, businesses, churches, educational/community organizations, elected/public officials, and other interested stakeholders. Page 6 of 20 Exhibit B 2. Include mailing addresses and email addresses as available. G. Property Owners Meetings (up to 3) 1. Prepare exhibits for the meetings. 2. Provide PI staff members at the meetings to document the contents of the meeting, in a meeting summary and one engineering staff member to answer questions. H. Website/Email Updates (up to 3) 1. Prepare information and photos/exhibits identified by the City of Round Rock regarding the project to be disseminated on the project webpage maintained by the City. Information will be prepared in accordance with website guidelines from the City. The updates will provide general information about the project, including milestones, schedule, and public input opportunities. Upon receipt of the City's comments on draft website materials, the Engineer shall prepare the final website materials. 2. Prepare project information and photos/exhibits identified by the City of Round Rock to be distributed electronically to the stakeholder database where emails are available. Information must be approved by the City prior to distribution and will focus on project milestones, schedule and public input opportunities. Updates may be developed in response to comments from the project email site. FC 130—Right-of-Way Data/Utilities All standards,procedures and equipment used by the Surveyor shall be such that the results of the survey will be in accordance with Board Rule 663.15, as promulgated by the Texas Board of Professional Land Surveyors. The Engineer shall locate the existing ROW within the project limits from the current project control monuments and prepare a layout map for the project. A. Right-of-Way Map. The Engineer shall obtain information on existing ROW and property information from as-built plans, ROW maps, and tax records and develop a ROW base map. The Engineer shall review and evaluate the existing ROW to verify that all construction staging and alignment considerations have been taken into account. The Engineer shall make every effort to prevent detours and utility relocations from extending beyond the existing/proposed ROW. The Engineer shall notify the City in writing if it is necessary to obtain additional construction easements or rights-of- entry and shall provide justification for such action. The Engineer shall be responsible for identifying and delineating any temporary construction easements in areas outside the existing ROW. Page 7 of 20 Exhibit B B. Boundary Surveying and Parcel Preparation. The Engineer shall perform the following: 1. Perform sufficient field surveying operations to locate property corners and confirm existing ROW configuration. 2. Perform sufficient deed research and boundary analysis to prepare a schematic of the parcels to be acquired(assumed 2).This task will include procuring a limited Title Abstract to be used for preliminary submittals and updated with title commitment for title review. 3. Prepare ROW parcels for acquisition and dedication to the City of Round Rock. Deliverables will consist of a metes and bounds description and accompanying survey plan for each parcel (estimated at 2 parcels). 4. Establish appropriate monuments on the proposed right-of-way lines for the 2 parcels at intersecting property lines, PCs, PTs, angle points, and intersecting right-of-way lines of side streets. 5/8"iron rods with aluminum caps will be set to monument the 2 new parcels. C. Subsurface Utility Engineering (SUE). The Engineer shall research available existing utility records. The Engineer shall perform utility designation(Quality Level B)with the objective of surveying and plotting underground utilities throughout the Project. The limits of the QL-B SUE along Gattis School Road include 100' east of Double Creek Drive to 200' east of the Dyer Branch culvert as well as 100' west of Rolling Ridge Drive to 500' west of Via Sonoma Trail. The lateral limits of QL-B investigation are the greater extent of the existing ROW, or temporary construction easements along the project route. To accomplish this scope of work, the Engineer will perform the following tasks: 1. Contact the applicable "one call" agency and acquire records from all available utility owners including local municipalities (cities, counties, etc.). 2. Perform utility designation (Quality Level B). Gather QL-B data on underground utilities from Double Creek Drive to Via Sonoma Trail (including cross streets for a length of 300 feet from the centerline of Gattis School Road). Compare utility record information with actual field conditions. Record indications of additional utility infrastructure and visual discrepancies with record drawings. 3. Interview available utility owners for needed clarification, resolution and found discrepancies, and details not provided on the record drawings. 4. Map the following utilities: water, wastewater, natural gas, gas/oil pipelines, electric, telephone, fiber, duct banks, cable TV, storm sewer and utility service lines. Additionally, an inventory of overhead utilities will be obtained. Visible irrigation features including valves, heads, and controllers will be mapped. Page 8 of 20 Exhibit B 5. Record all marks on electronic field sketches and correlate such data with utility records and above ground appurtenances obtained from visual inspection to resolve differences and discrepancies.Denote any utilities found where ownership/utility type is not available from records as"unknown" facilities. 6. Perform utility locates (Quality Level A, assumed 15 locations). Coordinate with the City on proposed test hole locations prior to fieldwork. Right-of-way permitting and maintenance of traffic (MOT) for lane closures will be required but any permits will be provided by the City at no cost. The Engineer will obtain the services of a qualified MOT subcontractor and ensure all signing and barricading complies with the TMUTCD. FC 145—Project Management and Administration A. Prepare invoices and monthly written progress reports. B. Develop and maintain a detailed project schedule to track project conformance to Exhibit C, Work Schedule, for each work authorization. The schedule submittals shall be hard copy and electronic format. C. Meet on a scheduled basis with the City to review project progress (6 Maximum). D. Meet on a scheduled basis with Design team to coordinate Project progress (24 Maximum). E. Prepare, distribute, and file both written and electronic correspondence. F. Implement and execute QAQC plan. FC 150—Field Surveying A. Field Surveying. The Engineer shall verify the benchmark coordinates and establish additional horizontal and vertical control for the project. Coordinate geometry shall be based on and tied into State plane surface coordinate system. The Engineer shall provide: 1. Horizontal and Vertical Control Surveys (Project Control): The maximum distance between control points shall not exceed 1500 feet. The coordinate location and elevation of control points or center panel points based on GPS surveys conducted by the Surveyor shall meet standards of accuracy as set forth below. DATUM. All coordinates shall be based on the North American datum (NAD) 83 (1993 Adjustment). All elevations shall be based on the North American vertical datum(NAVD) of 1988. Page 9 of 20 Exhibit B Additionally, the Engineer shall locate previously set control points and benchmarks established by and for projects in the adjacent near proximity; establish benchmark circuit (run levels) throughout the Project; establish additional benchmarks at intervals not to exceed 1,500 feet for the limits of the Project; tie benchmarks (station/offset) to Project baseline. Perform the benchmark circuits in accordance with good surveying practices. 2. Horizontal and Vertical Control Sheets. The Engineer's Surveyor shall prepare a Horizontal and Vertical Control Sheet, signed, sealed and dated by the professional engineer in direct responsible charge of the surveying and the responsible RPLS for insertion into the plan set. The Horizontal and Vertical Control sheet identifies the primary survey control and the survey control monumentation used in the preparation of the project. The following information should be shown on the Horizontal\Vertical Control Sheet: • Station and offset(with respect to the baseline or centerline alignments) of each identified control point. • Monumentation set for Control (Description and Location ties). • Surface Adjustment Factor and unit of measurement. • Coordinates(SPC Zone and surface or grid). • Relevant metadata. • Graphic (Bar) Scale. • Placement of note "The survey control information has been accepted and incorporated into this PS&E"which is signed, sealed and dated by a Texas Professional Engineer. • RPLS signature, seal and date. 3. Perform datum ties as required. If required, establish an elevation base on the project control's datum to other public entities published benchmarks. 4. Survey limits extend from Double Creek Drive to Via Sonoma Trail and will include profiles and cross sections (100' intervals and at visible grade breaks) throughout the project limits (including intersecting streets and driveways). Survey limits along Gattis School Road should extend from ROW to ROW (existing), or up to the existing fence line adjacent to residential subdivisions. Survey limits for intersecting streets should extend 300 feet from the centerline of Gattis School Road. Driveway ties should extend 20-feet beyond existing ROW limits. Existing 8"and larger protected hardwood trees within survey limits are to be tied to with a description of tree type / size. Limits include a refresh of survey data previously collected in support of the Kenney Form Blvd Segments 2&3 project. 5. Tie to overhead utilities. This information will be combined with the record drawings to develop a single "existing utility" DGN file. Obtain the top elevation and outside visible perimeter shots of all utility manholes, pull boxes, junction boxes, meters, valves, etc. Page 10 of 20 Exhibit B Water valve top nut elevations will be obtained at for accessible valve can.Provide flowline shots and direction on all incoming and outgoing conduits in sanitary sewer manholes.Map visible irrigation features including valves, heads, and controllers. 6. Tie down staked/flagged underground utility lines during utility relocations. Coordinate with SUE and relocating utilities to determine timeframes for fieldwork mobilizations. 7. Obtain profiles of existing drainage facilities. Obtain the top elevation and outside visible perimeter shots of all drainage junctions such as inlets, manholes, accessible junction boxes, etc. Obtain the flowline and direction of all conduits entering and exiting all drainage structures. If silt is present, remove what is necessary to provide an accurate flowline shot. Provide the type and size of all conduits include pipes and box culverts. 8. Provide temporary signs, traffic control, flags, safety equipment, etc. and obtain necessary permits. Traffic shall be controlled in and near surveying operations adequately to comply with the latest edition of the TMUTCD. 9. Tie down soil boring locations (up to 18; 11 for pavement and 7 for retaining walls) by station, offset and surface elevation. 10. If at any time during the contract period,the Surveyor encounters unforeseen circumstances which may materially affect the scope, complexity or character of the work authorized by the City, the Surveyor shall notify the City in writing immediately with a complete description of the circumstances encountered. 11. The following definitions shall apply: • DGN — Two-dimensional digital map containing natural ground features and improvements plotted in a horizontal plane along the X and Y axes. A planimetric map does not include relief elements such as spot elevations, cross-sections, or contours. • DTM — Three-dimensional digital model of the ground containing those features necessary to define surface relief. A three-dimensional model does not normally contain those planimetric features not necessary to define relief. • Horizontal and vertical ground control-Survey control points for which the X and Y coordinate and elevation have been determined by on the ground surveys. B. Digital Planimetric Mapping (DGN) and Digital Terrain Modeling (DTM). 1. The Surveyor shall prepare DGN&DTM files covering the specific work location, meeting the City's standards and specifications. All areas obscured by vegetation or other obstructions resulting in voids shall be surveyed on the ground. 2. The Surveyor shall provide DGN/DTM files in a medium&format acceptable to the City. Page 11 of 20 Exhibit B FC 160—Roadway Design A. Geometric Design. The Engineer shall: Develop a geometric schematic layout(Layout)for the full length of the project to be reviewed and approved by the City. The Layout shall consist of a planimetric file of existing features, the proposed improvements and identification of ROW acquisition requirements. The Layout shall also include the following features: existing/proposed horizontal and vertical alignment and profile grade line, cross culverts, lane widths, cross slopes, ditch slopes, pavement structure, clear zone, dedicated right turn lanes,signals,guard rail, limits of retaining walls (if applicable) and water surface elevations for various rainfall frequencies, etc. Existing major subsurface and surface utilities shall be shown. The proposed alignment shall avoid, as much as possible, the relocation of existing utilities. The Engineer shall provide horizontal and vertical alignment of the project layout for the Project, including cross streets. The Engineer assumes design should connect to adjacent construction projects(Gattis School Road Segments 3 & 6, and Kenney Fort Segments 2 & 3) final design plans. B. Roadway Plans. The Engineer shall: Make final refinements to the horizontal/vertical geometry and continue with the development of detailed plans. Effort will include development and/or updates to the following: 1. Title Sheet/Project Layouts 2. Typical Sections 3. Plan and Profile (50 scale, assumed 12 layouts on GSR and 6 layouts on cross streets) 4. Intersection/Driveway Details (3 cross streets, 6 layouts) 5. Others (HAL Data, Removal Layouts, Misc. Roadway Details, fiber installation layouts) 6. Update model/design cross sections/earthwork FC 161 —Drainage A. Drainage Report. The Engineer shall use data from as-built plans and FEMA maps to locate drainage outfall(s) and to determine proposed culvert sizes, design flows, and water surface elevations for use in the design of roadway geometry. The Engineer shall conduct a Preliminary Drainage Study to determine and evaluate the adequacy of the ROW needed to accommodate roadside channels and side slopes. The study will identify the water surface elevations for the 2, 5, 10, 25, 50 and 100-year storm events, identify and locate outfalls, provide an offsite drainage area map, on-site drainage area maps, and provide a drainage report identifying the results of the study. The study will include a drainage impact and mitigation analysis to compare WSEL (existing vs. proposed) at each outfall to determine detention needs. Page 12 of 20 Exhibit B The Engineer shall evaluate the adequacy of the existing drainage structures. If existing structures are found to be inadequate, the Engineer shall perform a hydraulic analysis to determine a proposed replacement structure size in order to determine if the existing or proposed roadway vertical profiles will accommodate the proposed structure. B. Culvert and Storm Drain Design. The Engineer shall design all conventional storm drainage and cross drainage in conformance with the latest edition of the City's Design and Construction Standards unless otherwise directed in writing. Storm drain design shall be performed using GEOPAK Drainage. Cross drainage design shall be performed using Geopak Drainage, HY 8 or HEC RAS. The Engineer shall continue with development of detailed plans. Effort will include development and/or updates to the following: 1. On and Off-site Drainage Area Maps. 2. Hydraulic Computations (Run-off and Inlet, and Storm Drain) 3. Storm Drain Plan/Profile 4. Storm Drain Profiles 5. Others (Misc. Drainage Details, not including Detention Design) 6. Storm Water Pollution Prevention Plan/Temp. Erosion Sediment Control Plan 7. Permanent Erosion Control Plan. C. Culvert Layout and Detailing of Drainage Features. The Engineer shall use standard details were practical. Effort will include development and/or updates to the following: 1. Culverts Layouts (culvert replacement at Meister Lane) 2. Structural details at culvert/storm drain connections Detailing of detention facilities (including plan sheets) is not included in this Work Authorization. FC 162—Signing, Pavement Markings, Signals and Illumination A. Signing and Pavement Markings. The Engineer shall develop signing and pavement marking layouts to include striping, small signs, delineators and MBGF locations. Small sign details will be prepared for non-standard signs. B. Signals.The Engineer shall develop temporary and permanent signal layouts and details at the following intersections: 1. Round Rock Ranch Blvd (west) 2. Round Rock Ranch Blvd (east)/Meister Lane 3. Rusk Road at Westview Drive (modification to existing traffic signal only) Page 13 of 20 Exhibit B The temporary signals assume a three-phase traffic control plan with signal layouts developed for each phase. Standard details and specifications will be included in the plans (including a preliminary timing plan) and modifications will be made to these as directed by the City. Signal Timing Plans — The Engineer shall develop initial signal timing plans for up to six intersections, including the above listed intersections and up to three additional intersections. The signal timing plans will be for the permanent operation, not for temporary TCP phases. Only one traffic signal timing plan will be provided per intersection and plans are intended to be a starting point. Adjustments will be necessary to account for changing traffic conditions of time of day, day of week, as well as seasonal changes, such as school being in session. Scope excludes the following: 1. Traffic signal design at Double Creek Drive, Kenney Fort Blvd, Rusk Road/Westview Drive, and Via Sonoma Trail (adjacent segment consultants designed signals for each of these locations and they are anticipated to be constructed prior to the proposed Project). 2. Traffic signal warrant studies (to determine whether a traffic signal is warranted at a particular intersection). 3. Multiple traffic signal timing plans per intersection are not included(such as weekday, weekend, AM peak, PM peak, off-peak plans or coordination plans). 4. Traffic counts—any traffic counts that may be necessary, either for the purpose of creating the initial signal timing plan or otherwise. C. Illumination. Proposed illumination appurtenances will be owned and maintained by the City. The Engineer shall use standard details (including TxDOT standards) where practical. Effort will include development and/or updates to the following: 1. Illumination Layouts—The Engineer will design continuous roadway lighting using arterial roadway criteria(i.e., 40' tall poles at 200—250' spacing) and photometric analysis within the project limits. 2. Electrical Schematic Plan—The Engineer shall provide electrical circuit plans, details, summary of electrical service, and standard specifications. 3. Electrical Service Coordination-The Engineer shall coordinate with the utility providers (ex. Oncor) and the City in identifying the power source. FC 163 —Miscellaneous Miscellaneous task includes: Retaining Wall Layouts, TCP, Water/Wastewater, Utility coordination/layouts, and the final assembly of the construction plans, and specifications and estimate. The Engineer shall provide the following services: Page 14 of 20 Exhibit B A. Retaining Walls 1. Retaining Wall Layouts (4 walls assumed, 1360' total, assumed 5 layouts) • RW1 - 160' • RW2—560' • RW3 —360' • RW4—280' 2. Retaining Wall Boring Logs 3. Retaining Wall Horizontal Alignment Data 4. Retaining Wall Typical Sections 5. Retaining Wall Global Stability 6. Retaining Wall Structural Details (assumed 2 sheets) B. Traffic Control Plan 1. Narrative Sequence of Construction 2. Typical Sections (by phase) 3. Traffic Control Plan 4. Detour Layouts 5. Safety Review Meeting 6. Construction Schedule C. Water Line Relocation 1. Meetings—The Engineer will attend a maximum of 3 meetings with the City to coordinate, discuss status and address review comments. 2. Route/Size Coordination—The Engineer will meet with City staff to determine the desired location and coordinate the water line diameter for the proposed facilities. 3. Existing Service Connection — The Engineer will work with the City to obtain site plans for existing tracts along the alignment to determine the quantity and locations of existing water connections. It is assumed the Engineer will make a formal request for existing site plans and the City will research and provide the requested plans. 4. Construction Drawings — The Engineer will prepare utility plan and profile sheets (12 sheets assumed). Additionally, utility detail sheets will be prepared as needed (2 sheets assumed). It is assumed from the City GIS records that there are no pressure reducing valves/vaults. 5. Technical Specifications — The Engineer will review City standard specifications and provide special provisions as applicable. Page 15 of 20 Exhibit B D. Utility Coordination — The Engineer shall be familiar with the City's franchise agreement terms and will assume the lead role in monitoring utility provider progress in meeting the required timelines. The Engineer shall provide the following as part of the utility coordination effort: 1. Prepare utility base file that represents existing utilities to remain and utilities to be relocated. The intent of the base file is to represent field conditions that will be encountered by the roadway contractor. 2. Develop and update utility conflict matrix that includes potential conflict identification and resolution. 3. Attend utility coordination meetings (15 maximum), as requested to facilitate utility conflict identification and resolution. 4. Coordinate with the City to determine the location of relocated utilities (utility assignments). 5. Coordinate with utility providers,review their relocation plans and make recommendations for approval of ROW Permit application. 6. Track and regularly update utility provider relocation progress vs. the City's franchise agreement. A tracking document will be utilized that includes relocation dates and a record of the utility meeting agreed upon dates. The Engineer shall develop a MicroStation reference file(DGN)that depicts anticipated utility locations prior to roadway construction activities. The file will include both relocation information provided by the utility providers and existing utilities to remain. E. Quantities/Summary Sheets - Updated summary sheets should be provided at the 60%, 90% and Final submittals. F. Standards, Specifications and Estimate — Updated standards, specifications and estimates should be included with the 60%, 90% and Final submittals. G. General Notes —General Notes should be provided at the 90% and Final submittals and at the City's request. General Notes will be developed utilizing City and TxDOT notes as baseline. FC 170—Bid Phase Services A. Project Manual Development Prepare project manual utilizing front-end documents and specifications provided by City(TxDOT should be used where included or preferred. Specific use cases would included specifications, special specifications &provisions, and bid items) including bid items, contract, and special conditions. Page 16 of 20 Exhibit B 1. Provide bidding support services,including assistance with responding to bidder questions, attending pre-bid meeting, and preparing minutes. Agenda will be prepared by the City. 2. Prepare Responses to Bidders' questions. 3. Tabulate, evaluate bids, and make apparent low bidder award recommendation. FC 309—Construction Phase Support Services A. Construction Support Services The Engineer shall provide the following services during construction activities for the Project: 1. Attend Pre-Construction Conference, biweekly construction meetings (assumed 40), to coordinate on upcoming items, to observe the progress and quality of the executed work by the Contractor and to determine if such work is proceeding in accordance with the Contract Documents. The Engineer shall not be required to make continuous onsite inspections to check the quality or quantity of work. Assist the City with preparation of Change Orders, Alternate Design or additional Design Details. Review monthly contractor pay application as requested by the City. 2. Review shop drawings and material submittals for conformity to the plans, specifications, and special provisions. Procedures for shop drawing review include: a. If the drawing is found to be in conformity, or an alternate design is adequate and acceptable, the drawing shall be marked "Review — No Exceptions Taken" with signature, date and statement that"Review is only for general conformance with the design concept of the contract documents. Markings or comments shall not be construed as relieving the Contractor from compliance with the project plans and specification, nor departures therefrom. The Contractor remains solely responsible for details and accuracy, for confirming and correlating all quantities and dimensions, for selecting fabricating processes, for techniques of assembly, for safety and for satisfactory performance of work." b. If there are only minor corrections,the incorrect information shall be crossed out and the correct information included next to the cross-out information. The submittal shall be returned marked "Reviewed—As Noted". c. If the corrections are more significant and the Engineer does not concur with the information on the drawings, then the submittal shall be returned marked "Revised and Resubmit." The drawings must then be resubmitted for a second review. Page 17 of 20 Exhibit B 3. Response to request for information (RFI) related to the plans and specification as needed throughout the duration of construction. 4. Make minor plan revisions at the request of the City. 5. Upon substantial completion,prepare a punch list outlining corrections and work that must be done before project acceptance. The Engineer will arrange a preliminary site inspection date with the appropriate personnel. 6. Prepare one set of reproducible as-built plans based on one (1) record copy of the project drawings labeled "Project Record" maintained by the Contractor. The Contractor shall submit the "Project Record" drawings to the Engineer at contract closeout. 7. Engineer will address agreed upon errors and/or omissions as necessary. Page 18 of 20 Exhibit B Deliverable/Submittal Requirements At each submittal, Engineer will provide a pdf of submitted documents and a flash drive containing native files(CADD files, calculation spreadsheets, roadway and drainage models, etc.)to the City. Draft Geometric Schematic Provide the City with all required items, including two (2)paper copies and one (1)pdf copy for review of the items below. 1. Preliminary Geometric Schematic 2. Preliminary Property Schematic 3. Preliminary Sequence of Construction Layouts 4. Preliminary Drainage Report 5. Preliminary Geotech Report 6. Preliminary Construction Cost Estimate 7. Preliminary Supporting Documents: Cost Estimate, Design Summary Form(DSF), Cross Sections, Utility Conflict Matrix (UCM), etc. 30% Submittal (Final Geometric Schematic) Upon addressing the review comments, the Engineer will provide the City with all required items, including four (4)paper copies and one (1)pdf copy of the items below. 1. Final Geometric Schematic (including KMZ of linework) 2. Final Property Schematic 3. Final Sequence of Construction Layouts 4. Final Drainage Report 5. Final Geotech Reports 6. Updated Supporting Documents: Cost Estimate, (DSF), Cross Sections, Environmental Documents, UCM, Preliminary CTD Schedule, Comment Resolution Log, etc. 60% Submittal (PS&E) Following approval of the geometric schematic,the Engineer will provide the City with all required items, including two (2)paper copies and one (1)pdf copy of the items below. 1. Plans (not including standards) 2. Utility Layouts/Status 3. Updated Supporting Documents: Design KMZ, Cost Estimate, DSF, Cross Sections, Environmental Documents, Construction Timeline, etc. Page 19 of 20 Exhibit B 90% Submittal (PS&E) The Engineer will provide the City with all required items, including two (2)paper copies and one (1)pdf copy of the items below. 1. Updated Plans w/standards 2. Utility Layouts/Status 3. Updated Supporting Documents: Design KMZ, Cost Estimate, DSF, Cross Sections, Environmental Documents, Construction Timeline, General Notes, Specification/Provisions, etc. Final Submittal (PS&E) The Engineer will provide the City with all required items, including four(4)paper copies and one (1)pdf copy of the items below. 1. Final Plans w/standards 2. Final Utility Layouts/Status 3. Final Supporting Documents: Design KMZ, Cost Estimate, DSF, Cross Sections, Environmental Documents, Construction Timeline, General Notes, Specification/Provisions, Bid Forms, etc. Page 20 of 20 Exhibit B EXHIBIT C Work Schedule Attached Behind This Page ID Ta.6 N.m. Sun iwrn Dur,dan vr.e.r.wam 2024 2025 P020 M al w I Gattis XAod Road k{menn 1 f 5 Deai{n ScMaule TM 11/2JI3 WM 11/19/26 195 Dari i ory Council Apmowl Thu 11/2/23 Th.11/2/23 0 day 3 Initial Subrnitla1l PrelMnlnary Geometrk SCA<matl<I Thu 11/2/23 Wea 2/28/21 85 dl,,, 1 N.tc I.Pr« dl INTPI Th.11/2/23 Th.11/3/33 0days 2 i 11/2 s Data Collecnona Field peconnaltrame Thu 11/2/33 Wed 11/15/23 10 da,, 1 6 pi{Fl of Entry Coordkatlon Thu11/9/33 WM 31/22/i3 10 days 555x5 days ] Desi{n Concept Conference Iw/OSFI Wetl 31/15/I3 Wed 11/15/23 Dda" a Geotecwnical lnrevll{ations Thu 11/23/23 Wed 12/20/23 20 dan 6 - 9 Prepare praH GeotecArvcal Repon Thu 13/21/23 W"1/10/21 15 If VI 8 10 Fnvlronmrtal Data Colkctbn Thu 11/23/x3 Wed 13/13/23 IS day 6 11 burWarY Survey Thu 11/23/23 WM 11/29/33 sexy fi 13 SUE(level B/C/DI Thu 11/33/33 Wr 12/20/23 20 dari 6 fl Deri{n Survey Thu 11/33/33 Wed 12/30/23 20&VI 6 t1 Prelkrvnary poaeway Oe"yn Thu 13/21/33 Wed 1/11/21 20 day 13 -- 15 paina{e Sluaks Thu 11/16/23 Wed 12/27/23 Wday 3 � - t6 Prelun;naryOra;na{e Desi{n Thu 13/21/23 WM1/1)/21 20 day 1155 1] Prelunna nee of ConsHuctlon Dni{n Th.I/1/31 —1/11/21 10 da,, 1655.10 tlaY1 _ 1e vre0m;nary u,", c""',Delermination Th.1/4/24 Wed 1/17/21 10 day 165S.1OdayF 19 Prepare DraH Geomelrk XMmalk Thu MUM wM 1/31/21 5 day 11,16,17 - 20 _ft Geometric XM1emaUc gAgC Th.1/3S/2 Wed 2/7/21 10 days 19 2t OraH Geom<VIC XM1emaUC Subminal Wed 2/7/21 Wed 3/7/31 Oda,, 20 33 1Y of Round Rock Revkw Thu 3/8/21 Wed 2/28/21 IS day 21 Ci l3 30%Submlttal lFinal Geometric S--th) Thu 3/29/21 Wetl S/8/31 SO nays Y R<wrw ane Re:Pone to commrm" Thu 3/39/21 Wetl 3/6/31 Baan 23 I b property owner Meetins Thu 3/3/21 wea 3/21/21 2 aan ze it Environmental D«umentation/Reportiry Thu 3/7/21 Wetl 1/3/21 20 da,, 10,21 n Update poadwaY/DraW{e Drs;{. Thu 3/3/21 Wed 1/3/31 20 day 20 -�-- -- - 2{ Upaate Sepwnu........ f[onnruct'1on layout Thu 3/11/21 weal/U21 n ,, IS 3)55.5 da 39 Update GeotecM1nkal Report Thu 3/7/31 Wee 3/27/21 IS aay 10.21 1P update Drarna{e Rrlwn Thu 4/4/24 WM 1/11/21 y - Update Utility ConflM Matra Thu 3/21/21 - _ --- _-- ._... It Wed 3/33/21 Sloes 2)55.10 dan » - - l2 SUE 1lerel A) TM3/38/31 WMI/1)/II IS day 31 33 Update Grometec XMmatic TM 1/1/21 Wed 1/10/21 5 day 21,28 31 Final GlvmNrk SNematk DAOC TM 1/11/21 WM 1/17/21 5 day 33 35 Final Geom<1rk xAematic SubmMal WM 1/17/21 WMI/1)/21 Qday 3• -7 --- - 36Mryol Pound Rock pevkw TI/18/21 Wed 5/8/31 15 dan 35 C� 17 50X Submnta11P5ff1 Th. S/9/21 -�- _ Wed 8/7/31 65 day 11 Nrwew ane Respond to--11 Th.S/9/2 WMS/"" Sdays 36 19 nee Mr<11n{s Thus/16/II Wee S/22/21 '1 If 38 a0 PrepareyPo al Report"IGEDTfCN,ENV,ORNI Thus/16/31 Weds/29/31 10 day 38 - 1t Ut111tY Coordlnatlon Meetln{r Thus/16/31 wed 6/12/31 'I'd""" � �-�� -- 30 days a2 UPeate Final GeomNrlc ScMmatk Th.S/16/31 Wee 5/32121 5 day" 38 13 Develop 60%PS6E IPIsnt and ESDmate) ThUS/16/31 Wed)/30/21 10 tlays 38 u 5050 PSff gAOC Th. 1/2 Wed)/21/21 IO day 13 __ -- _- 15 60%PSff Submitral WN 3/2/2 Wed 1/21/21 0If— 1a M Y ly of Routs Rak Review Thu)/25/21 Wed B/]/2 10 eay" 45 17 90%kbMtlall PSaEI ThI8/8/21 We010/30124 50 dl" u RrrNw ane Rrtponam commrm" Thpt/{/21 wra a/IV2 smn as 19 Wlliry Coordlnallon Meetin{r Thu8/15/21 W_9/:1/21 20 18 so Derekp 90%PS•E(Puns and E"Hmanl TM{/IS/31 Wee 1./2/21 35 dan b St Develop SuppwtlM Documents(GN arts CONST xM k) Thu 9/19/21 —10/2/21 IOaari 5DFF 2 WM - � - -- - - 12 9p%11:q Qc Thu l0/3/21 WM 10/16/21 10 day So fI 90X PSlSubmetal We010/16/ 10/16/31 Oda" 52 Y Cly of Routs Rab I— Thu 10/1)/21 Wed 10/30/21 10 day" 53 N final Submitral IPSfFI Thu 10/31/11 wed 12/1:/21 Mdan - M Rarw ana Rerpond to Commemr Thu]0/31/31 WM 13/6/21 S Day 51 h FlrWlsr PSbF lPknfaM FSUmatrl TM 11/3/21 Wed 12/1/21 20 day 55 fa FMalue Supportm{Documenls lGN arW CONST xM1eaule) Thull/38/31 Wee 13/1/21 Sdari S]FF -- � -� - » Fm,l vsaE gage TM I2/5/21 wee a/n/a s mit s) I so Fm,v51E 5ubmival wr 12/v/a wra lz/u/z1 .aan s9 61 Bitlf Conatrudion PMse SeMces Thug/1:1x1 wed 11/18/35 530 days Develop Prgrn Manual Tlw 13/12/2d­ 61 U wra l/e/zs Io aan 61 pow Acyui ...a Utlllty Relocations lappron.l Thug/12/2 Wetl 1/23/25 160 d,, 19 N Aarwtlu area ue Mcpmmendatian Thu 4/2/2 Wea S/7/25 10 m" 63 is UllntaY1F131.00-51 . lb,918/{5 19e811/W26188M9 910118 pt-pal arw • N11an Sawn.. -..1 uuc versa. Ewrrr w.w frwrRaw wnaYl [ Oease. • r.ra Neje. Tr E.anr m 0a1R",W1123 ..... swwnwr �1 war Tr i.aw.swanwr oMaimaay wwr ba�wy �1 k�a.ai ] ws.n1111aa.www Na•r EXHIBIT D FEE SCHEDULE FOR JOHNSON, MIRMIRAN & THOMPSON, INC. GATTIS SCHOOL ROAD SEGMENTS 4 & 5 For services described in the Scope of Services, we request the compensation as detailed below. Cost breakdowns for engineering services and explanation of expenses are shown on the following pages. LUMP SUM AMOUNT $ 1,423,165.00 Page D1 of D14 FEE SCHEDULE Task JMT VLK STV TRG SCSI RKI TOTAL FC 110-Route and Design Studies $ 32,455.00 $ - $ - $ - $ - $ 25,300.00 $ 57,755.00 FC 120-Environmental Documentation $ 12,075.00 $ - $ - $ - $ 38,930.00 $ - $ 51,005.00 FC 130-Right-of-Way Data/Utilities $ 5,060.00 $ - $ 20,300.00 $ 14,480.00 $ - $ - $ 39,840.00 FC 145-Project Management and Administration $ 113,300.00 $ 15,000.00 $ - $ - $ 5,000.00 $ $ 133,300.00 FC 150-Field Surveying $ - $ - $ 60,645.00 $ - $ - $ $ 60,645.00 FC 160-Roadway Design $ 203,200.00 $ - $ - $ - $ $ $ 203,200.00 FC 161 -Drainage Design $ 142,960.00 $ - $ - $ - $ - $ $ 142,960.00 FC 162-Signing, Pavement Markings,Signals and Illumination $ 36,520.00 $ 169,640.00 $ $ - $ - $ - $ 206,160.00 FC 163-Miscellaneous $ 210,205.00 $ 61,190.00 $ - $ 74,096.00 $ - $ - $ 345,491.00 FC 170-Bid Phase Services $ 10,115.00 $ - $ - $ - $ - $ - $ 10,115.00 FC 309-Construction Phase Support Services $ 40,545.00 $ 9,600.00 $ - $ - $ - $ - $ 50,145.00 ODEs $ 1,012.00 $ - $ - $ 79,262.00 $ 2,930.00 $ 39,345.00 $ 122,549.00 TOTALS $ 807,447.00 $ 255,430.00 $ 80,945.00 $ 167,838.00 $ 46,860.00 $ 64,645.00 $ 1,423,165.00 Page D2 of D14 8 8 $ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 q � 8p 8G 8G 8 8Q 8O 8O 8p a1 C ~ y M Y N N M N M ~ ~ ~ ~ M • M M ~ ~ M M N M U Y� � u I - 3 m w � w - � 8 0 - m m N f ryG L F 8 a r` F e 8 g w '� O $ e f O e • � f f $ C ~ — � C O O � N f � o f • m � f • Q e A ° W r IA4 O U o. � E a � I Eh •� f f O f � N r N x n N g C d O N W O LL LL LL V � � LL LL W tl 1g! dry E 0 e 3 S m a U LD U Y aa c a c E QQ e v o o m u o o a a 3 R a m m d a a E R d m ci o ui d o d d ui u: d i d m u d m d d w y LL LL A MI LL Summary of Manhours by Classification Johnson,Mirmiran&Thompson,Inc.(JMT) LM ct Senior Project Design Transportation Senior Engr. Engineering Junior Engr. Admin/ St. Description of Work or Task ger Engineer Engineer Engineer ER II Err I Planner Technician Technician Technician Clerical Staff-M, Cost/Task 0/Hr $250.00tHr $195.00/Hr 5160.00/Hr $125.00/Hr $115.00/Hr $185.00/Hr $145.00/Hr $120.00/Hr $90.00/Hr $100.00/Hr Totals Total. Took:FC 160-Roadway Design A. Gsanekk Design 4 4 8 8 12 12 18 12 8 80 $11,690.00 B. Roadway Plea 0 $0.00 Bt. Tib Sheet I Project layouts 1 1 2 2 12 12 16 18 18 78 $9,820.00 B2. Typk:W Seclbm 2 2 4 8 16 24 24 24 24 126 $18,440.00 B3. Plan&Prone Shells 0 12 24 48 72 s8 80 64 48 412 $58,800.00 B4. k toniection/Drheway Deta4 4 4 16 24 32 32 24 24 24 144 $25,360.00 8611. Alprvnent Data SheeU/Misc.Roadway Det ft / 1 2 4 8 4 20 $3,040.00 858. Removd Layout 2 2 12 18 24 32 48 24 24 184 $24,880.00 BSC. Fiber Installation Loyocts 1 1 2 6 12 18 12 18 18 8g $10,990.00 BBA. Dowel*3D Model 16 32 48 32 32 18 16 192 $25,920.00 B6B. Generate Cross Sections 2 2 1 4 12 24 32 18 18 112 $14,780.00 BBC. Calculate earl-rk wkrnes 1 1 2 8 8 4 24 $3,880.00 FC 160 Hours: 26 30 90 158 256 2SO 0 244 214 104 0 1502 FC 160 Subtotal: $7,800.00 $7,500.00 $17,550.00 $25,280.00 $32,000.00 $28,750.00 $0.00 $41,180.00 $25,680.00 $17,460.00 $0.00 $203,200.00 Took:FC 161-Drainage Design A. Drake Report 2 12 16 24 32 32 24 142 $20,840.00 B. Culvert and Stam Drakr Design 8 64 96 176 284 808 $98,440.00 C. Culvert Layout and DW80M of Drainage FeeNes 2 12 24 38 90 154 $24,040.00 FC 161 Hours: 12 88 139 239 376 32 0 0 0 0 24 904 FC 161 Subtotal: $3,600.00 $22,000.00 $26,520.00 $37,760.00 $47,000.00 $3,990.00 $0.00 $0.00 $0.00 $0.00 1112,400.00 $142,960.00 Took:FC 162-Signing,Pavement Markings,Signals and gluminatim A. Signing and Pavement Markkps 2 4 8 24 56 40 84 48 32 278 $38,520.00 B. Signet 0 $0.00 C. IMmkrtlon 0 $0.00 FC 162 Han: 2 4 8 24 59 40 6 K 48 32 0 278 FC 162 Subtotal: $600.00 $1,000.00 $1.560.00 $3,840.00 $7,000.00 $4,990AO $0.06 $91no-00 $6,799.90 $$,990.90 $0.90 $79,620A9 Task:FC 163-Miscellaneous A. Retekiq Waft(ly)leal eaclloM plan 6 pro1M shells) 4 8 16 32 40 24 24 18 12 176 $25,880.00 B. TraControl Plan 12 18 32 64 80 96 96 80 6t ffk 540 $74,400.00 C. Water lie RabcaOon 4 14 18 32 42 42 42 42 235 $34.540.00 D. Ut9ty Coad notion 16 15 30 $7,425.00 E. OuanitlalSummery Shoals 4 8 18 40 64 44 40 32 24 292 $39,680.00 F. Slontlmn ,SpedBcabons and Eslimals 4 6 16 24 40 40 24 24 24 204 $28,250.00 FC 183 Han: 43 54 113 1n 269 M 0 226 194 124 0 1479 FC 1n 9181/la1: $I3,f00.00 $13MOM i23,n9.00 $30.730.00 11=,390.00 MA90.00 110.00 $32,770.00 $23,280.00 $11.160.00 $0.00 11210,206.00 P&P D4 Of D14 Summary of Manhours by Classification Johnson,Mirmiran 6 Thompson,Inc.(JMT) Project Senior Project Design Transportation Senior Engr. Engineering Junior Engr. Admin/ Staff Description of Work or Task Manager Engineer Engineer Engineer ElT II Err 1 Planner Technician Technician Technician Clerical Staff-Hr. Cost I Task $300.000ir $250.00Mr $195.00IHr $160.00/Hr $125.00IHr $115.00/Hr $185.00/Hn $145.00Mr $120.00/Hr 1 $90.00Mr 5100.00/Hr Totals Totals I Taa1c PC 170-Bkl Phaaa sarvleaa _ A. Project Manuel Development 1 z 4 4 12 12 35 $5,100.00 Al. Attend Pre-Bid 1 1 1 3 $575.00 A2. Respond to bidder questions 1 2 4 4 11 $2,220.00 A3. Bid tabulations and award recommendation 1 1 2 2 4 4 14 $2,220.00 FC 170 Hours: 4 5 10 11 16 17 0 0 0 0 0 43 FC 170 subtotal: $1,200.00 $1,250.00 $1,950.00 $1,760.00 $2.000.00 $1,955.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,110.00 Teak:FC 309-Casbucdon Phase Support Services Al. Attend Pro-Con,bkveeky mills,and site visits(assumed 30) 30 30 15 75 $15,675.00 A2. Review Shop Drawings(assumed 8) 4 4 16 a 32 $8,600.00 A3. Respond to RFIs(assumed 12) 3 3 12 8 24 $4,950.00 A4. Make Mirror Pin Revisions(assumed 6) 3 3 6 6 12 6 12 48 $7,710.00 A5. Walk though and Find Punch List 2 .. 2 2 - 6 $1,170.00 A8. Props A 4k*Pier _ 2 2 4 4 8 0 _ 2B $4."0.00 FC 309 Hours: " 12 38 56 37 14 0 12 0 0 0 213 FC 309 Subtotal: $13,200.00 $3,000.00 $7,410.00 $8,960.00 54,625.00 $1,610.00 50.00 51,740.00 $0.00 $0.00 $0.00 $40,545.00 JMT SUMMARY $71,400.00 $106,250.00 594,380.00 $130,720.00 5138,375.00 578,315.00 5740.00 566,305.00 $57,480.00 $33,570.00 $5,900.00 5294 $808,435.00 Page D5 of D14 Summary of Direct Expenses Johnson, Mirmiran & Thompson, Inc. (JMT) Item Description Unit Quantity Unit Cost Total Cost Direct Expenses I. Mileage MILE 400 $0.655 $262.00 II. Photocopies BM (11"X 17") EA 1,200 $0.25 $300.00 III. Photocopies Color(8.5"X 11") EA 25 $1.00 $25.00 IV. Photocopies Color(11"X 17") EA 25 $2.00 $50.00 V. Large Format Plotting SF 150 $2.50 $375.00 Total Direct Expensesl $1,012.00 Page D6 of D14 Summary of Manhours by Classification Volkert,Inc.(VLK) Project Task Senior Project Design Senior CADD Admin/ Staff DeaCrlptlan ofWov or Task Principal Manager Engineer Engineer Engineer EIT Operator Clerical Staff-Hr. Cost Task $275.00/Hr $250.00IHr $245.00IHr $190.00IHr 5160.00/Hr 5135.00/Hr 5125.00/Hr $80.00/Hr Totals Totals Task:FC 145-Project Management and Adminlstratkm A. Prepare Invoices and Monthly Progress Reports(15 months) 15 15 $3,750.00 S. Develop and maintain work schedule 15 15 $3,750.00 C. Prepare for and attend City meetings(up to 15) 0 $0.00 D. Project Ole maintenance(15 months) 15 15 $3,750.00 E. Implement and execute QAQC plan(schematics,60/90/Flnal PSBEs) 15 15 $3,750.00 FC 145 Hours: 0 60 0 0 0 0 0 0 60 FC 145 Subtotal: $0.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $15,000.00 Task:FC 162-Signing,Pavement Markings,Signals and Illumination A- Signing and Pavement Markings 0 $0.00 B. Signals 4 24 36 132 165 114 120 20 615 $99,390.00 C. Illumination 25 30 50 1 120 170 40 1 435 $70,250.00 FC 162 Hours: 4 49 88 182 285 284 160 20 1050 FC 162 Subtotal: $1,100.00 $12,250.00 $16,170.00 $34,580.00 $45,600.00 $38,340.00 $20,000.00 $1,600.00 $189,610.00 Task:FC 163-Miscellaneous A. Retaining Walls(structural detailing) 4 10 10 16 16 20 24 4 104 $17,670.00 B. Traffic Control Plan 0 $0,00 C. Water Line Relocation 0 $0,00 D. Utility Coordination 0 $0.00 E. Quantities/Summary Sheets 18 60 20 40 10 146 $25,170.00 F. Standards,Specifications and Estimate 10 20 20 20 20 10 100 $18,350.00 Task:FC 309-Construction Phase Support Services Al. Attend Pre-Con and make site visits(assumed 2) 2 2 4 $880.00 A2. Review Shop Drawings(assumed 2) 1 1 2 4 $1,015.00 A3. Respond to RFIs(assumed 2) 1 1 2 4 $1,015.00 A4. Make Minor Plan Revisions(assumed 2) 2 2 2 4 6 8 24 $4,340.00 A5. Walk through and Final Punch List 0 $0,00 A6. Prepare As-BuiO Plans 2 2 4 4 12 $2,350.00 FC 309 Hours: 6 8 6 10 6 12 1 0 0 46 FC 309 Subtotal: $1,650.00 $2,000.00 $1,470.00 $1,900.00 $960.00 $1,620.00 $0.00 $0.00 $9,600.00 JMT SUMMARY $3,850.00 $34,250.00 $28,910.00 $54,720.00 $55,520.00 $50,760.00 325100.00 $1,920.00 1508 5255,430.00 Page D7 of D14 Summary of Manhours by Classification STV Group, Inc. (STV) Task Senior Field Admin/ Staff Description of Work or Task Manager RPLS Technician Crews Clerical Staff-Hr. Cost/ Task $225.00/Hr $175.00/Hr $130.00/Hr $165.00/Hr $85.00/Hr Totals Totals Task: FC 130-Right-of-Way Data/Utilities A. Right-of-Way Map 0 $0.00 B. Boundary Survey and Parcel Preparation 6 26 60 40 132 $20,300.00 C. Subsurface Utility Engineering(SUE) 0 $0.00 FC 130 Hours: 6 26 60 40 0 132 FC 130 Subtotal: $1,350.00 $4,550.00 $7,800.00 $6,600.00 $0.00 $20,300.00 Task: FC 150-Field Surveying A. Field Surveying 8 25 125 220 2 380 $58,895.00 B. Digital Planimetric Mapping(DGN)and DTM 2 10 12 $1,750.00 FC 150 Hours: 10 25 135 220 2 392 FC 150 Subtotal: $2,250.00 $4,375.00 $17,550.00 $36,300.00 $170.00 $60,645.00 CPY SUMMARY $3,600.00 $8,925.00 $25,350.00 $42,900.00 $170.00 524 $80,945.00 Page D8 of D14 Summary of Manhours by Classification The Rios Group,Inc.(TRG) SUE Task Supervisory Assistant Task CADD Field Engineering Senior Utility Utility Staff Description of Work or Task Manager Engineer Manager Technician Manager Technician Coordinator Coordinator Staff-Hr. Cost Task $170.00/Hr $190.001Hr $120.=Hr $75.00/Hr $128.00/Hr $75.00/Hr $188.00/Hr $130.00I1-Ir Totals Totals Task:FC 130-Rightof-Way Data I Utilities A. Right-of-Way Map 0 $0.00 B. Boundary Survey and Parcel Preparation 0 $0.00 C. Subsurface Utility Engineering(SUE) 8 4 16 80 30 8 146 $14,480.00 FC 130 Hours: 8 4 is 8o 30 8 0 0 146 FC 130 Subtotal: $1,360.00 $760.00 $1,920.00 $6,000.00 $3,840.00 $600.00 $0.00 $0.00 $14,480.00 Task:FC 163-Miscellaneous A. Retaining Walls 0 $0.00 B. Traffic Control Plan 0 $0.00 C. Water Line Relocation 0 $0.00 D. Utility Coordination 0 $0.00 D1. Prepare Utility Base file with conflicts identified 24 6 24 54 $6,048.00 D2. Develop and update Utility Conflict Matrix 24 24 48 $7,632.00 D3. Attend Utility Coordination Meetings(15 maximum) 2 1 12 30 44 $6,536.00 D4. Coordinate with the City to determine location of relocated utilities 2 24 60 86 $12,892.00 D5. Coordination with Utility Providers(including plan review),permit recommendations 60 80 140 $21,680.00 D6. Track and update utility provider progress(utilizing tracking document) 2 24 48 74 $11,132.00 D7. Provide a DGN that depicts anticipated utility locations for construction 40 12 24 76 $8,376.00 E. Cluentities/Summary Sheets 0 $0.00 F. Standards,Specifications and Estimate 0 $0.00 FC 163 Hours: 0 8 0 64 0 0 162 290 522 FC 163 Subtotal: $0.00 $1,140.00 $0.00 $4,800.00 $0.00 $0.00 $30,456.00 $37,700.00 $74,096.00 TRG SUMMARY $1,360.00 $1,900.00 $1,920.00 $10,800.00 $3,840.00 $600.00 $30,456.00 $37,700.00 688 $88,576.00 Page D9 of D14 Summary of Direct Expenses The Rios Group, Inc. (TRG) Item Description Unit Quantity Unit Cost Total Cost Unit Costs I. One Designating Person HOUR 140 $160.000 $22,400.00 II. Two Person Designating Crew HOUR 30 $250.000 $7,500.00 III. Quality Level"A"(0 to 5 feet) EA 8 $1,315.000 $10,520.00 IV. Quality Level"A"(5 to 8 feet) EA 5 $1,600.000 $8,000.00 V. Quality Level"A"(8 to 13 feet) EA 1 $1,995.000 $1,995.00 VI. Quality Level "A" (13 to 20 feet) EA 1 $2,575.000 $2,575.00 VII. Pavement Coring EA 5 $370.000 $1,850.00 Direct Expenses I. SUE Survey Services* DAY 8 $2,500.000 $20,000.00 II. SUE Services(Traffic Control-Single Lane Closure)* DAY 3 $1,474.00 $4,422.00 *To be billed at cost, no markup Total Direct Expenses $79,262.00 Page D10 of D14 Summary of Manhours by Classification Stantec Consulting Services,Inc.(SCSI) ENV Task Senior Senior Admin/ Staff Description of Work or Task Manager Prof.2 Prof.1 Prof.2 Prof.1 Clerical Staff-Hr. Cost/ Task $175.00/Hr $160.00/Hr $145.00/Hr $120.00/Hr $105.00/Hr $100.00/Hr Totals Totals Task:FC 120-Environmental Documentation A. Data Collection Process 2 2 8 8 8 28 $3,240.00 B. Hazardous Materials Initial Site Assessment 2 8 24 24 4 62 $7,430.00 C. Section 404 Clean Water Act Compliance 2 2 8 8 24 2 46 $5,510.00 D. Endangered Species Act Compliance 2 2 4 16 24 $2,720.00 E. Texas Antiquities Code(TAC)Compliance 2 8 132 8 50 1 $6,310.00 F. Project Contact Database 2 4 16 a 30 $3,710.00 G. Property Owner Meetings(up to 3) 2 6 8 8 8 32 $3,910.00 H. Websfte/Email Updates 4 8 8 8 20 48 $6,100.00 FC 120 Hours: 18 36 20 108 72 66 320 FC 120 Subtotal: $3,150.00 $5,760.00 $2,900.00 $12,960.00 $7,560.00 $6,600.00 $38,830.00 Task:FC 145.Project Management and Administration A. Prepare Invoices and Monthly Progress Reports(15 months) 15 15 30 $4,125.00 B. Develop and maintain work schedule 0 $0.00 C. Prepare for and attend City meetings(up to 15) 5 5 $875.00 D. Project file maintenance(15 months) 0 $0.00 E. Implement and execute QAQC plan(schematics,60/90/Final PS&Es) 0 $0.00 FC 145 Hours: 20 0 0 0 0 15 35 FC 145 Subtotal: $3,500.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $5,000.00 SCSI SUMMARY $6,650.00 $5,760.00 $2,900.00 $12,960.00 $7,560.00 $8,100.00 355 $43,930.00 Page D11 of D14 Summary of Direct Expenses Stantec Consulting Services, Inc. (SCSI) Item Description Unit Quantity Unit Cost Total Cost Direct Expenses I. Mileage MILE 1000 $0.655 $655.00 II. Traffic Noise Receiver Rental EA 1 $250.00 $250.00 III. THC Curation EA 1 $525.00 $525.00 IV. HazMat Database Research EA 1 $1,000.00 $1,000.00 V. Large Format Plotting EA 5 $100.00 $500.00 Total Direct Expenses $2,930.00 Page D12 of D14 Summary of Manhours by Classification Raba Kistner,Inc.(RKI) Project Task Project Senior Engr. Engineering Admin/ Staff Description of Work or Task Principal Manager Engineer EIT Technician Technician Clerical Staff-H r. Cost/ Task $220.00/Hr $205.00/Hr $175.00/Hr $135.00/Hr $100.00/Hr $85.00IHr $70.00/Hr Totals Totals Task:FC 110-Route and Design Studies A. Collect,review and evaluate available project data 0 $0.00 B. Develop design criteria(roadway and drainage) 1 0 $0.00 C. Develop preliminary sequence of construction exhibits 0 $0.00 D. Develop preliminary constnu tion cost estimate 0 $0.00 E. Prepare for and attend DCC meeting 0 $0.00 F. Geotechnical Investigations 0 $0.00 F1. Field Reoonnaissance,Site Plan,Boring Layout and Logs 1 5 8 17 27 29 1 88 $10,175.00 F2. Pavement Design Analyses 1 3 6 12 22 $3,505.00 F3. Retaining Wall Stability Analyses 2 4 8 16 30 $4,820.00 1`4. Geotechnical Report 3 6 12 18 2 3 44 $6,800.00 F5. Geotechnical Investigations 0 $0.00 FC 110 Hours:1 7 18 34 63 27 31 4 184 FC 110 Subtotal: $1,540.00 $3,690.00 $5,950.00 $8,505.00 $2,700.00 $2,635.00 $280.00 $25,300.00 RKI SUMMARY $1,540.00 $3,690.00 $5,950.00 $8,505.00 $2,700.00 $2,635.00 $280.00 184 $25,300.00 Page D13 of D14 Summary of Direct Expenses Raba Kistner, Inc. (RKI) Item Description Unit Quantity Unit Cost Total Cost Direct Expenses Field Operations I. Mobilization of Drill Rig DAY 4 $600.000 $2,400.00 II. 3"Thin-Wall Continuous Sampling FT 145 $28.000 $4,060.00 III. NX Rock Coring FT 125 $36.000 $4,500.00 IV. Bentonite Backfill FT 270 $8.000 $2,160.00 V. Standby(relocation and setup time) HR 9 $250.000 $2,250.00 VI. Driller Cleanup HR 9 $250.000 $2,250.00 VII. Traffic Control Services DAY 4 $2,500.000 $10,000.00 Laboratory Testing I. Atterberg Limits EA 29 $125.000 $3,625.00 II. Moisture Content EA 58 $25.000 $1,450.00 III. Sieve Analysis (passing No. 4, 40, 200) EA 29 $120.000 $3,480.00 IV. Sulfate Testing EA 11 $125.000 $1,375.00 V. Unconfined Compression (Soil) EA 7 $60.000 $420.00 Vi. Unconfined Compression (Rock) EA 7 $75.000 $525.00 VII. Lime Series(Tex-121-E Part III) EA 2 $425.000 $850.00 Total Direct Expenses $39,345.00 Page D14 of D14 EXHIBIT E Certificates of Insurance Attached Behind This Page A ® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F9/14/2023 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Administrator Arthur J. Gallagher Risk Management Services, LLC PHONE 443-798-7499 ac No:443-798-7290 11311 McCormick Road tA/c No Suite 450 ADDRESS: bw2.bsd.certs@ajg.com Hunt Valley MD 21031 INSURERS AFFORDING COVERAGE NAIC0 INSURER A:Continental Insurance Company 35289 INSURED 37715 INSURER B:American Casualty Company of Reading,PA 20427 Johnson, Mirmiran &Thompson, Inc. 40 Wight Avenue INSURER C: Hunt Valley, MD 21030 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1742142020 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ?NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DY EFF MOM/LDD EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y Y 7040041298 9/1/2023 9/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE rx]OCCUR PREMISES Ea occurrence) $500,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY[X]ECT FILOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 7040013520 9/1/2023 9/1/2024 COMBINED Ea accident SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY APer accident S A X UMBRELLA LtAB X OCCUR Y Y 6011444526 9/1/2023 9/1/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ B WORKERS COMPENSATIONY 7040013551 9/1/2023 9/1/2024 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/M EMBER EXCLUDED? (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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:Gattis School Road(Segment 2). City Manager,City of Round Rock are included as additional insureds with respect to the General Liability,Auto Liability Policy as required by written contract. A waiver of subrogation applies in favor of additional insureds with respect to the general liability,automobile liability and workers compensation policies as required by written contract. Umbrella follows form. 30 Days'Notice of Cancellation will be provided to the Certificate Holder with respect to the general liability, automobile liability and worker's compensation policies as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Manager, City of Round Rock 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 J / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD