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Contract - Freese and Nichols, Inc. - 3/24/2022 RO T F v�X CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: FREESE AND NICHOLS, INC. ("Engineer") ADDRESS: 10431 Morado Circle, Suite 3010 Bldg 5, Austin,TX 78759 Chisholm rail South Irove a 1 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS T ACT ENGINEERING SERVICES ("Contract") is made and entered into o ' this t e ay of m,� ry„ , 2022 y an between the CITY F UN whoROCK, a Texas home- rule municipal corporation, se offices are located at 221 East Main Street, Round Rock, "Texas 78664-5299, ( eeia e referred to as "City"), and Engineer, and such Contract is for the purpose o contracting for professional engineering services. WHEREAS, V. . .A., Government Coe §225 (2)(A)(vii) under Subchapter A entitle "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 an valuable considerations, and the covenants and agreements hereinafter contained to be kept an performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.08,19 0199.202204;4857-9919-7196 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 tothis Contract or repeated herein. ARTICLE I 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 sothat 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 CONTRACTTERM (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 ten-ninate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, itshall 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 or 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 or 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 V I li , herein, is the sum of Three Hundred E pht -Nine Thousand Fi -Five and No/100 Dollars C$389 055,99)asshown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract inthe event of a change in Engineering Services as authorized by City. Engineers all 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 for 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 is is due and payable within thirty (3 0) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer haste 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 is is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply inthe event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, orequipment delivered ort e services performed that causes the payment to be late; or 13The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a on 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 is a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: JC. Montelongo 11 Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number (512) 218-7026 Mobile Number(512) 534-1038 Fax Number N/A Email Address imontelonp-o,-Oroundroc ktexas. ,,ov 4 City's Designated Representative shall be authorized to act on City's behalf with respect tothis 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: Andrea Bryant Project Manager 10431 Morado Circle, Suite 300 Bldg 5 Austin, TX 78759 Telephone Number(512) 617-3163 Fax Number N/A Email Address andrea.bi-yant@freese.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 or 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 tote 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 is enable meeting the Work Schedule goals sooner than anticipated. 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 or 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 tote contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he,,,fshe/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 tote 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 Engineers all 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. Engineers all 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 beidentified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work one 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 tote services described in this Contract and are intended to be used with respect tothis 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, tote 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 afthis 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. Engineers all 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 oft is 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 Services all 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 for 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 forte convenience of City, and use of them is at City's sole risk. Inthe case of any defects in electronic files or any discrepancies between the 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 on. Engineer shall have no liability for changes made tote 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 forte 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 tote . 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 ofthe 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. g 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 inthe performance oft eir 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, on 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 bete sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 91 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then thea of charged during the thirty-day notice periods all not exceed thea ont 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 ofthis Contract is due to the failure of Engineer to fulfill is/ 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 federal, state 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 firnitation, 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) 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 tote provisions of Section 151,309 of the Texas Limited Sales, Excise, and Use Tax Act. (3) As required by Chapter 2270, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the to 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. I f0 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 oromissions 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. ARTICLE 25 NON-COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that helshe/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. II 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 subconsultarit 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: 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." 12 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 tote 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 inthis 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. 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: L31 City: City of Round Rock Attention: City Manager 221 as Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Andrea Bryant Project Manager 10431 Morado Circle, Suite 300 Bldg 5 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, tote 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 offshall 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 is 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 14 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 hese has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. [signature page follows] IS CITY F U ROCK, TEXAS APP �DV�; AS TO FORM: By: Craig MMay Stephan 1 Sheet s, City Attorney Y' Meagan Spin s, 'City Cl k FREESE AND NICHOLS, INC. By: 4, Si iat, v of Principal Prim' d Name: John New 1I 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 17 EXHIBIT A City Services This contract consists of providing preliminary engineering services required for the development of a 30% geometric layout to reconstruct Chisholm Trail from Sam Bass Rd to just north of RM 620. The City of Round Rock will provide the following items/information for the Engineer under this agreement: ROUTE & DESIGN STUDIES (FC 1101 1. ROADWAY DATA COLLECTION &FIELD RECONNAISSANCE- Provide available as-built plans, adjacent project plans, ROW maps,and existing easements for utilities and public facilities within and adjacent to the project limits. 2. DEVELOP ROADWAY DESIGN CRITERIA&PREPARE DSR n/a 3. FLOODPLAIN EVALUATION&FIELD RECONNAISSANCE -Provide available data including GIS data and maps,as-built plans, and previous H&H models for Upper Brushy Creek watershed considered to be best available data. 4. GEOTECHNICAL INVESTIGATION &FIELD WORK-Provide existing traffic data if available. SOCIAL , ECONOMIC& ENVIRONMENTAL STUDIES(FC 120) 1. ENVIRONMENTAL n/a 2. PUBLIC INVOLVEMENT&OUTREACH-Coordinate with Engineer on public meeting logistics, announcements, rehearsals, and notifications;webpage postings; contacts interested in the project; and questions/comments from stakeholders, ROW DATA(FC 130) 1. ROW MAP-Begin coordination for any utility, drainage, or construction easements identified by the Engineer. 2. SUBSURFACE UTILITY ENGINEERING(SUE) n/a PROJECT MANAGEMENT&ADMINISTRATION JFg145 I 1. GENERAL ADMINISTRATION -Provide timely reviews and decisions to enable the Engineer to maintain the project schedule, 2. MEETINGS-Meet with the Engineer on an as-needed basis. DESIGN SURVEYS AND CONSTRUCTION SURVEYS JFC 150) 1. FIELD SURVEYING-Provide dedicated Rights-of-Way(ROW) parcel sketches, plats, and field notes. Assist with Rights-of-Entry(ROE)for all adjacent properties if initial request is denied. ROADWAY DESIGN CONTROLS(FC 1§0 1. PRELIMINARY ANALYSIS n/a 2. GEOMETRIC LAYOUT n/a 3. CUT AND FILL QUANTITIES n/a DRAINAGE(FC 161) 1. PRELIMINARY H&H AND WATER QUALITY ANALYSIS-Meet with the Engineer to discuss the findings of the Brushy Creek H&H modeling, proposed mitigation and water quality measures,and warning system upgrades and provide guidance. (City staff includes City Floodplain Administrator and representative from Transportation Department.) 2. STORM SYSTEM SCHEMATIC DESIGN n/a MISCELLANEOUS R0ADW6yJFC 1631 1. COST ESTIMATE n/a 2. TRAFFIC CONTROL n/a EXHIBIT B Engineering Services This contract consists of providing preliminary engineering services required for the development of a 30%, geometric layout to reconstruct Chisholm Trail from Sam Bass Rd to just north of RM 620.The Chisholm Trail reconstruction project will consist of approximately 30'of pavement within approximately 60'of existing right- of-way(ROW),curb&gutter, sidewalk, storm sewer,continuous illumination, existing retaining wall analysis, and minor improvements to the existing low water crossing.This scope of services includes preliminary roadway typical section alternative analysis; roadway geometric design; hydrologic&hydraulic impact analysis; preliminary storm drain planning&design; preliminary water quality planning&as-needed design; environmental documentation; public involvement;and geotechnical investigation, survey, &SUE necessary to support the design process. ROUTE & DESIGN STUDIES(FC 1101 1. ROADWAY DATA COLLECTION &FIELD RECONNAISSANCE i. The Engineer shall collect, review and evaluate the data described below.The City will be notified in writing whenever the Engineer finds disagreement with the information or documents. a. All data/findings will be compiled into a project notebook for recordkeeping during file setup. b. Data from the City, including as-built plans, adjacent project plans, ROW maps, and existing easements. c. The Engineer shall conduct two(2)field reconnaissance visits. cl, The Engineer will prepare reconnaissance layout and notes for field visits. e. The Engineer shall compile and review photographic record for field visits. 2. DEVELOP ROADWAY DESIGN CRITERIA&PREPARE DSR L The Engineer shall develop roadway design criteria based on draft City of Round Rock and current TxDOT design guidelines. ii, The Engineer shall prepare a design summary report for review by the City. iii. The Engineer shall coordinate with the City for design criteria concurrence before moving forward with the preliminary analysis. 3. FLOODPLAIN EVALUATION&FIELD RECONNAISSANCE i. The Engineer will collect and review available data including GIS data and maps, as-built plans, and previous H&H models for Upper Brushy Creek watershed considered to be best available data from the City. a. GIS data will include all available stormwater related information, including channels, culverts,storm drain pipes,inlets, manholes, building footprints, and impervious cover. b. City shall provide as-built plans for Chisholm Trail as available. Engineer will review the plans to determine if any permanent water quality considerations were included that must be maintained or replaced. c. Engineer will review TxDOT RM 620 project plans for affected drainage infrastructure. Page 1 of 11 d. Engineer will review the City Parks Dept.Chisholm Trail Crossing Park Improvements project, and City Parks Dept.Trails Improvement project for any effects to the drainage infrastructure. ii. The Engineer will perform field Reconnaissance including up to two (2)site visits to observe current drainage patterns,outfall channels, cross drainage,and land development adjacent to the proposed project area. 4. GEOTECHNICAL INVESTIGATION&FIELD WORK i. The Engineer shall determine boring locations required for pavement design and analysis of the existing brick retaining wall structure, located adjacent to the back of curb on the east side of the road,just no of the Brushy Creek crossing. ii. The Engineer shall obtain and review existing and available geotechnical and geologic information, perform field reconnaissance of project limits,and attend coordination meeting. HL The Engineer shall perform borings;and obtain soils samples. Borings are estimated to consist of the following: a. 6 pavement borings to a depth of 15 feet below proposed finished grade or to intact/competent rock,whichever is less, at a maximum spacing of 500'. b. 1 pavement boring to a depth of 20 feet below proposed finished grade or to intact/competent rock, whichever is less, adjacent to the existing brick retaining wall structure, located adjacent to the back of curb on the east side of the road,just north of the Brushy Creek crossing. c. 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. iv. The Engineer shall 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,California Bearing Ratio (CBR), sulfate content tests, and lime or cement series,if applicable,The Engineer shall provide an estimation of Potential Vertical Rise (PVR)and options to mitigate. v. The Engineer shall develop a recommended pavement design following City of Round Rock draft DACS standards and design criteria.The Engineer shall obtain existing traffic data from the City or, if traffic data is not available, use representative traffic design parameters as outlined in the City of Round Rock Draft Transportation Manual.This will include flexible and rigid options to evaluate cost benefits of alternatives. vi. The Engineer shall prepare a draft electronic and hard copy Geotechnical Report to include the summary of field investigations, laboratory testing results and recommended retaining wall and pavement designs.The Engineer will submit the draft Geotechnical Report to the City for review and Comment. vii, The Engineer shall incorporate City Comment and prepare a final electronic and hard copy signed and sealed Geotechnical Report. S. DELIVERABLES i. Design Summary Report ii. Draft electronic and hard copy Geotechnical Report iii. Final electronic and hard copy Geotechnical Report Page 2 of 11 SOCIAL, ECO OMIC& ENVIRONMENTAL STUDIES (Fg120 1. ENVIRONMENTAL The Engineer will perform an environmental regulatory constraints analysis that identifies environmental requirements and considerations as the project progresses to eventual construction.This SOW is based on the understanding that Texas Department of Transportation (TxDOT)funding would not be included in this project and therefore NEPA compliance under TxDOT guidelines is not included in this effort.To execute the constraints analysis,the Engineer will do the following: 1. Desktop Analysis and Survey—The Engineer will review publicly available information such as spatial data,file reviews, and literature prior to performing a site visit.These sources include US Geological Survey ( S S)topographic maps,Texas Historical Commission's(THC)Atlas, US Fish and Wildlife Service's(USF S) county list of potentially occurring listed species, USGS National Hydrography Database, USFWS National Wetland Inventory Data,Texas Parks and Wildlife Department's(TPWD) Natural Diversity Database, recent and historic aerial imagery, and other relevant sources. ii. Site Visit—following the desktop analysis and survey,the Engineer will perform a site visit to identify or map any potential environmental constraints that need to be considered for future phases of the project,such as waters of the US or protected species habitat. iii. Technical Memorandum—The Engineer will document the effort with a technical memorandum that would identify environmental regulatory requirements or considerations necessary for future project phases.Specifically,the memorandum would address primary regulations such as Section 404 of the Clean Water Act, Endangered Species Act,Antiquities Code of Texas, National Historic Preservation Act,state considerations administered by TPWD, GLO, and TCEQ and local environmental ordinances. Assumptions: No permit applications would be submitted under this SOW and assumes that permit acquisitions would occur during a later project phase. No pedestrian surveys or intensive cultural resource surveys are included in this SOW and assumes that any necessary cultural resource surveys would occur during a later project phase. No presence/absence surveys for federally-listed species are included in this SOW. 2. PUBLIC INVOLVEMENT&OUTREACH i. Public Meeting—the Engineer will plan, schedule, conduct, and facilitate one public meeting in an open house format,to share project information with,and collect feedback from, citizens and stakeholders after preliminary analysis and the final geometric design.The meetings will present concepts and options,existing conditions,and potential project layout and designs to the public and gather input.The Engineer will coordinate with the City, Public Information Off ice,and Neighborhood Coordinator as necessary on meeting logistics, development of meeting announcements and notifications, coordination and participation in a meeting rehearsal prior to public meeting, and facilitation of a public meeting.The Engineer will identify opportunities to promote the meeting through advertisements, mailers,social media, outreach in community centers and stakeholder meetings,and signage.The Engineer will develop informative and appropriate meeting materials and exhibits such as displays, presentation slides, and project handouts. Following the public meeting,the Engineer will document and report on meeting attendance and input received from the public. Page 3 of 11 a. Tasks and deliverables: 1. Meeting planning(logistics,location,facility prep) 2. Development of meeting announcements and notifications 3. Development of media release and social media posts 4. Coordination and facilitation of one(1)meeting rehearsal 5. Coordination and facilitation of one (1) public meeting 6. Development of meeting materials and exhibits and electronic versions for uploading to website 7. Summary report of input received ii. Stakeholder Communications&Outreach—The Engineer will conduct outreach to contact those that live near the project limits or travel in the area and other groups and organizations that may be interested in the project.The Engineer will coordinate with the City for current contacts that may be interested in the project and will update and maintain a project database throughout the project.All contacts will be added to a stakeholder database that will be updated throughout the project and include neighborhood contacts, City contacts, nearby businesses, elected/publico icials,and any interested individuals.The Engineer will assist the City with responses to questions and comments from stakeholders in a timely manner and maintain a communication log of all outreach efforts.The Engineer's representative will reach out to individuals or businesses that may be impacted and, if needed,will facilitate meetings. a. Tasks and deliverables: 1. Stakeholder database development and maintenance 2. Communication and outreach with stakeholders, including maintaining a log of all communication 3. Coordination,facilitation,and documentation of up to four(4)one-on-one, business/neighborhood/misc. stakeholder meetings iii. Webpage—The Engineer will develop content for a project webpage on the City's website. The webpage will include project information, information on how to get involved and share input, project contact information, project materials,and all materials from public meetings, The Engineer will provide updated content and coordinate with the City for posting,as needed,throughout the project.The Engineer will also develop content and post on the City's Publicinput.com account. a. Tasks and deliverables, 1. Development of draft content and coordinated posting with the City 2. Updating of content as needed throughout the project 3. Public Input content and page development 3. DELIVERABLES i. Electronic and hard copy Environmental Technical Memorandum submitted with the Draft and Final Geometric Layouts ii. Public Involvement Meeting material &exhibits iii. Electronic and hard copy Public Involvement Meeting and summary report iv. Coordination and facilitation of up to four(4)stakeholder meetings v. Stakeholder database vi. Project Webpage Page 4 of 11 ROW DATA(EgL30 1. ROW MAP i. The Engineer shall determine if utility, drainage,or construction easements are required. 2. SUBSURFACE UTILITY ENGINEERING (SUE) i. The Engineer will provide QL"C"/"D" SUE services. Limits of SUE will be along Chisholm Trail from just south of Sam Bass Rd to just north of the RM 620 intersection (±2,300 lineal feet); along Emmanuel St. and Poker Alley from a pprox. 50 feet west of Chisholm Trail to Chisholm Trail;and along Sunset Dr.from Chisholm Trail to approx.50 feet east of Chisholm Trail.The Engineer will collect available utility records and create a QL­crl)"utility file for the project. QL"B"'SUE and the inverting of wastewater and storm drain facilities are excluded from this scope of work.The Engineer will attempt to map the following utilities: potable water, reclaimed water,chilled water, natural gas/crude oil/refined product pipelines, communication duct banks,fiber optic,cable television,telephone, and electric.The Engineer will provide an inventory of overhead utilities. Irrigation lines and service lines are excluded from this scope of work. Quality Levels"C"and"D" are defined as follows: a. Quality Level C(QL"C")—Surveyed data depicting visible above-ground features supplemented with L"D" information. b. Quality Level D(QL"D")—Information obtained from existing utility records. ii. The Engineer will prepare an existing utility contact list and memo to communicate the project scope to utility owners within the project limits, iii. The Engineer will prepare a Preliminary Utility Conflict Matrix(UCM).The UC M will include potential conflicts with existing utilities and the proposed project design. 3. DELIVERABLES: i. 11"x 17"SUE Plan Sheets depicting all designated utilities. These plans will be signed and sealed by a Professional Engineer and submitted as electronic and paper copies with the Draft and Final Geometric Layouts. ii. Existing utility contact list in MS excel and PDF format iii. Final utility conflict matrix in MS excel and PDF format PROJECT MANAGEMENT&ADMINISTRATION (Fg145 1. GENERAL ADMINISTRATION I. The Engineer shall prepare invoices and monthly written progress reports for the project. H. The Engineer shall perform project management duties and coordination with the City. iii. The Engineer shall perform project management duties and coordination with subconsultants. iv. The Engineer shall perform project management duties and coordination with adjacent projects. 2. MEETINGS Page 5 of 11 i. The Engineer has provided for four(4)formal design meetings. (Project kick off,geometric layout review meeting,and up to 2 review and/or coordination meetings.) ii. The Engineer will attend and prepare for one(1)open house style public meeting. iii. The Engineer will attend and prepare for one (1) rehearsal/planning meeting before the public meeting. iv. The Engineer shall attend and prepare for up to four(4)stakeholder meetings DESIGN SURVEYS AND CONSTRUCTION SURVEYS(FC 1501 1. TOPOGRAPHIC DESIGN SURVEY i. Establish horizontal and vertical control: a. The Engineer shall assure compliance and adherence to all rules, regulations and policies as set forth by the Texas Board of Professional Land Surveyors and Texas Society of Professional Surveyors Manual of Practice for Surveying. b. The Engineer will recover existing or establish new survey control sufficient to complete the project. Final Horizontal coordinates will be provided in the Texas State Plane Coordinate System,Central Zone(4203) in US Survey Feet on the NAD 83 (2011) datum.Vertical positions should be provided on NAVD88 datum. ii. The surveyor shall collect data for a typical design and topographic survey. Process data for DT M &Triangular Irregular Network(TIN) (213&31)), chains and points; planimetric maps (2D) &topographic maps and other needs as detailed below between existing ROW lines. Limits of survey will be along Chisholm Trail from approx. 200 feet north of Sam Bass Rd to just north of the RM 620 intersection (±2,500 lineal feet); along Sam Bass Rd from approx. 300 feet west of Chisholm Trail to approx.300 feet east of Chisholm Trail; along Emmanuel St. and Poker Alley from approx. 200 feet west of Chisholm Trail to Chisholm Trail; and along Sunset Dr.from Chisholm Trail to approx.200 feet east of Chisholm Trail. iii. Typical DTM &topographic data includes: natural ground (NG), roadway surfaces,edge of pavement(EP), centerline,grade breaks,striping, driveways and side streets(determine driveway/side street radii),curb,ditches,culverts, headwalls,drainage structures, channel(s), riprap, power poles,signs,delineators, luminaires,fences, manholes, sewer lines,telephone boxes,junction,etc.,water valves,fire hydrants, pipeline crossings, as meters,gas valves,etc., and any other utility. iv. Driveway data -collect type of surface (asphalt, concrete, seal coat,gravel,dirt,etc.), with or without culvert,type of culvert pipe, size, length,with or without Safety End Treatment SET)to just outside of the existing Chisholm Trail ROW. V. Obtain break lines and spot elevations sufficient for 1'contour intervals. vi. Obtain line and grade on handicap ramps, crosswalks,and sidewalks. vii. Field tie above ground visible improvements. viii. Locate trees 8-inches and greater.The critical root zones(tree circles)will be shown in accordance to the City of Round Rock 2005 Tree Technical Manual. ix. Behind curbs,tie visible utility locations, including ties to above-ground features,such as power poles,valves, and other features to the ROW line (i.e.edges of pavement,curbs and gutter, sidewalks every 50 feet, building corners etc.)either found by surveyor or located by utility companies and/or other agencies.The Texas Excavation Safety System, DITS S one call system (phone number 1-800-DIG-TSS)shall be notified for utility locations and prior to Page 6 of 11 drilling, setting,or driving anything including property corners or control monuments below 16"depth,as detailed by DIGTESS(http://www.digtess.org), which may impact or be impacted by the existence of any underground utility,whether visible or not. of that some local or city utilities may not be a part of the DIGTESS system and may require separate notification. X. Provide spot elevations at center point of manhole covers and access vaults outside of pavement. xi. Process field collected data for field survey. xii. Perform quality control for survey requirements. xiii. Extract spot elevations and break lines into DTM. xiv. Extract and prepare triangulated irregular network into DTM.The triangulated network shall extend beyond ROW such that accurate data at ROW limits can be established. xv. Load 1-foot contour information. 2. RIG HT-OF-WAY/BOUN DARY SURVEYS i. Research Williamson Central Appraisal District records and develop ownership spreadsheet. ii. Send right-of-entry letters to all owners where the need for access is anticipated, allowing for all professions. Hi. Obtain and review deeds/plats pertaining to both subject and adjacent properties identified from Williamson Central Appraisal District records. iv. Build abstract map showing record property lines and any plottable easements referenced in record deeds/plats. V. Locate existing ROW/boundary monumentation. vi. Perform calculations and analysis to re-establish existing ROW/boundary lines. vii. Obtain and review Title Commitments to subject properties to identify and plot recorded easements. viii. If any significant deviations from ROW records are found,these shall be brought to the attention of the City and discussed before any resolution is expected. 3. DELIVERABLES: i. 2D&3D Topo (.dgn) processed files in Microstation V8.11 SS10 with all chains and points. Shall include within the drawing file: Company name,address,telephone number, surveyor's name, date(s)of survey and survey datum information. H. gpk, . rj, tin and . at files that are compatible with Geopak in Microstation V8.11 SS10 format, iii. City-formatted Control Sheets a. Control Layout index map,which contains an overall view of the project area with the locations of primary and secondary control identified and labeled, b. Survey Control Sheet(s) information shall include the NGS or other basis monument(s) name or identification number,Texas Coordinate System (TCS) zone information,Grid and Surface values in X,Y, &Z coordinates,the Combined Adjustment Factor or Surface Adjustment Factor,and project station and offset. c. Control Sheet(s)shall be delivered as PDF files. iv. All delivered control documentation shall be signed with a date of signature and sealed by a Texas RPLS. Page 7 of 11 V. 2D Existing ROW(.dgn) processed files in Microstation V8.11 SSIO vi. Signed Right of Entry forms if ROE was acquired vii. Reference deeds,support documents, scanned and in pdf format ROADWAY DESIGN CONTROLS (FC 1k0A 1. PRELIMINARY ANALYSIS L The Engineer shall prepare preliminary roadway typical section alternatives to analyze feasible improvement options within existing ROW a. The Engineer shall produce up to 2 preliminary typical sections and present these typical sections as 11" x 17"exhibits. Preliminary typical section investigation shall include the following: 1. Alternatives will propose 1 lane of traffic in each direction 2. Investigate feasibility of adding turn lane approaching Sam Bass intersection and/or center two-way left turn lane between Brushy Creek crossing and Sam Bass Rd. 3. Investigate feasibility of adding on-street parking between Brushy Creek crossing and Sam Bass Rd. 4. Discuss options for ped/bike accommodations. (Accommodations are anticipated to consisted of shared use path.) b. The Engineer shall submit these exhibits to the City as electronic and hard copies and will obtain confirmation in writing to document the City's desired typical section or combination of typical section(s)with approximate locations prior to developing the draft Geometric Layout. 2. GEOMETRIC LAYOUT i. The Engineer will develop a Geometric Roll Plot Layout depicting plan& profile at 1"=100' scale. a. Geometric Layout shall include proposed horizontal and vertical improvements. b. The Engineer shall develop existing and proposed typical sections that depict the number and type of lanes,curb&gutter, pedestrian & bicycle facilities, cross slope, border width,clear zone widths,existing ROW limits, and proposed pavement section. c. The Engineer shall submit electronic and hard copies of the draft Geometric Layout for City review and comment. d. The Engineer shall incorporate City comments and prepare and submit electronic and hard copies of the final Geometric layout for City approval. ii. The Engineer shall coordinate the design with the City/adjacent projects, including the TxDOT RM 620 project, City Parks Dept.Chisholm Trail Crossing Park Improvements project, and City Parks Dept.Trails Improvement project. 3. PRELIMINARY MODELING i. The Engineer will prepare a preliminary OpenRoads 3D model to verify side slopes meet clear zone requirements as applicable and tie in within existing ROW. Page 8 of 11 4. DELIVERABLES, L Electronic and hard copies of the Preliminary Typical Sections Exhibits(11"x 17") iL Draft Electronic and hard copies of the Geometric Layout (1"=100' roll plot) iii. Final Electronic and hard copies of the Geometric Layout (1"=100' roll plot) DRAINAGE(FC 161) 1. PRELIMINARY H&H AND WATER QUALITY ANALYSIS i. The Engineer shall update existing HEC-HMS and HEC-RAS models to analyze proposed crossing at Brushy Creek. a. The crossing geometry in the existing HEC-RAS model will be updated to reflect survey data collected as part of this project and will become the pre-project condition. b. Post-project conditions will be modeled based on roadway crossing recommendations developed as part of the Geometric Layout task. c. Pre-and post-project conditions will be analyzed to determine if an adverse impact is anticipated to Brush Creek hydraulics based on the proposed project. ii. If required,the Engineer shall provide flood mitigation solutions that will demonstrate no adverse impacts to adjacent properties. Up to two mitigations solutions are estimated in this proposal. a. If impacts are anticipated and a FEMA C/LOMR submittal is required, a supplemental agreement will be prepared for C/LOMR preparation and submittal. iii. Engineer shall investigate the need for permanent water quality treatment requirements that comply with the TCEQ Edwards Aquifer Rules to implement Best Management Practices (B Ps)to reduce the impact of the project activity on water quality in the Aquifer.The Engineer will document if a Water Pollution Abatement Plan (WPAP) is needed in the Preliminary Drainage Report. a. Task includes coordination with TCEQ. b. If a WPAP will be required,Engineer will identify preliminary location for water quality BMPs(Stormtroopers) and associated preliminary cost estimate. iv. The Engineer shall review the existing low water crossing barriers at the Brushy Creek crossing and provide barrier and/or warning system upgrade recommendations. V. The Engineer shall meet with City Floodplain Administrator and Transportation staff to discuss the findings of the Brushy Creek H&H modeling, proposed mitigation and water quality measures and warning system upgrades,and obtain guidance from the City.Assume two(2) meetings. vi. The Engineer shall submit draft electronic and hard copy Preliminary Drainage Report for City review and comment that summarizes drainage and water quality analysis, and low water crossing improvement recommendations.Task includes QC reviews. vii. The Engineer shall incorporate City comments and prepare and submit final electronic and hard copy Preliminary Drainage Report for City approval.Task includes QC reviews. 2. STORM SYSTEM SCHEMATIC DESIGN i. The Engineer shall provide preliminary horizontal design of roadway storm system and associated preliminary cost estimate, including: a. Conducting hydrological analysis of proposed roadway improvements to provide Page 9 of 11 flows produced by 2-, 10-, 25-,50-, and 100-year storm events using Rational Method for incorporation into storm sewer model. b. Preliminary sizing of storm system trunk line using the 25 yr design storm and 100 yr check storm. Design horizontal alignment of storm trunk and outfall location(s). 3, DELIVERABLES i. Draft electronic and hard copy Preliminary Drainage Report submitted with Draft Geometric Layout ii. Final electronic and paper copy Preliminary Drainage Report submitted with Final Geometric Layout iii. Preliminary Water Quality Design and Cost Estimate presented on Geometric Layout and Cost Estimate iv. Preliminary Storm Sewer Horizontal Design and Cost Estimate presented on Geometric Layout and Cost Estimate MISCELLANEOUS ROADWAY(FC 1631 1. COST ESTIMATE L The Engineer shall develop a preliminary cost estimate.The Engineer shall estimate roadway, storm sewer,and water quality costs based on current pricing for relative construction items(City of Round Rock/TxDOT)and/or current bid prices from recent, similar projects.The Engineer will estimate signing and striping, illumination,TCP, and SW3P costs based on assumed percentage of roadway cost. a. The Engineer shall submit electronic and hard copies of the draft preliminary cost estimate with the draft Geometric Layout for City review and comment. b. The Engineer shall incorporate City comments and prepare and submit electronic and hard copies of the final preliminary cost estimate with the final Geometric layout for City approval. 2. TRAFFIC CONTROL L The Engineer shall prepare preliminary Traffic Control Plan (TCP)for the project, including TCP roll plots and typical sections.The Engineer will develop the TCP in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and TxDOT Barricade and Construction (BC) and TCP standards as applicable. Preliminary TCP shall include: a. Sequence of Work Narrative:The Engineer shall prepare a narrative of the sequence of work including general and project specific notes.Sequence of Work Narrative will be presented on the TCP Roll Plot layouts. b. Traffic Control/Sequence of Work Roll Plot Layouts:The Engineer shall prepare roll plot layouts(1" = 100')showing the travel lanes and construction area for each phase of construction.Temporary signing and striping, channelization devices, and barricades will be included in the layouts c. Traffic Control Typical Sections., In conjunction with the Traffic Control Layouts,the Engineer shall develop typical sections showing lane widths, edge conditions, channelization, and proposed construction area.This scope does not include design Page 10 of 11 cross sections per TCP phase.Typical Sections will be presented on the TCP Roll Plot layouts. d. The Engineer will submit electronic and hard copies of the draft TCP with the draft Geometric Layout for City review and comment. e. The Engineer shall incorporate City comments and prepare and electronic and hard copies of the final TCP with the final Geometric Layout for City approval. 3. DELIVERABLES i, Electronic and hard copy Draft Preliminary Cost Estimate submitted with Draft Geometric Layout ii. Electronic and hard copy Final Preliminary Cost Estimate submitted with Final Geometric Layout iii. Electronic and hard copy Draft TCP(1"=100' roll plot)submitted with Draft Geometric Layout iv. Electronic and hard copy Final TCP(1"=100' roll plot) submitted with Final Geometric Layout SUMMARY OF FINAL DELIVERABLES The Engineer shall provide the following final deliverables to the City. Unless noted all submittals will be electronic and hard copy: i. Design Summary Report H. Geotechnical Report iii. Environmental Technical Memorandum iv. Public involvement Meeting material&exhibits v. Public involvement Meeting summary report vi. Stakeholder database A. Project Webpage viii. Existing Utility Contact List& Memo ix. Utility Conflict Matrix x. City-formatted Control Sheets xi. Geometric Layout(1"=100' roll plot) xii. Preliminary Drainage Report xiii. Preliminary Cost Estimate xiv. TCP (1"=100' roll plot) xv. QA/QC Documentation xvi. Electronic Agn and Ain files Page 11 of 11 EXHIBIT C Work Schedule Attached Behind This Page !D Nn_ utme� ev Au% I Tc-w:-;-Da-s-gri: 206 days Fri 3/4122 Tue 12120122 1 uht.hol, ­81-1 South Improvements whedule D _# Priya Fri TP �4 22 Fri 3/4f22 3/4 a5- P,Cliea setup&suWonwrmpa agmements '0-at Fri T hu 311/22 4 Stim" 44 days RI 3#18#22 wed 5jl1e/" -241 22- foonilization 5 days Fr.V18122 -hu 31, ROV4 rese_-nch 4 days Fn 3/20rz2 Wed 1120-2 I112= Wed 4151121- Field-oFk jincluding_06n9s% 5 days I 3_� H Of 4v0;-VRrccess W11--re-na'nn&TIN T-HeS 1C days -hv 4/-/22 Wed 4/'101,22 9 Su7vp-,.r revlowl-fl-@1d,versfic2u0n 5 days we mis'.5 C-/-7 LM !,urvcd--,-_---nenment. 2 days -Ue-1.122 Wed U181122 F -1 ,Zew-ch'-al 1;�Izz 7-f 151281V� lig 12 M011 imL on Class -i 3,18�22 -hu 3 1'- 12 22 Mon 3 2&122 FR -box awry 1�s*ng 15 da, _u@ D'af epon 15 ca-S �H04119/22 Mon 5!9/2 2 16 Dmat-20W�Ch-eruart ew -a's lue 5 10 22 -me-121,22 .7 F gi�sd�Ch­p0_ aa�s Vv�d 6 22 221 we 6Q.07 20 21 U­ rV Card:_-_aFri 3/218/4-2 Wee--514/22 2 wark day, 2 4'2'z2_2 Wed 5,,4/22 i SwE de N-rab E.p 10:y�,­ wl; Rs a Ora nape Des in K-As- 96 3' ZZ _E Pne -nnar;desg� 19:�ivs C, Z_Vlsj- 7�m d,'7 &�xh b*ow ca uc ons Ne�-nt on Meet mr, ry odus hu 7.2Z Iu 41 122 4/7 27 Draft Geomet-c LaVGU-Design(i-4u4-no Sborrn Bewerz 60 CaVs o541%122 A"12,2Z F oodDla VIC Ana a-. -hu 1113122 ga Dratt-C.des on no-jx,,s subm"Draft Gear rr c Layout.P-e em C noubdays Fr 8/1,122 gn St12122 D-aft Dra SZge_DDCmt,&TCP TO Cite 30 Waft c-eomev e-Layout P--im Cost is Dam,Cin�' 30:3--­S Mon /15122 _n S1271102� Cra nap ­ TCP Re-__e�(C,tyj 31 Addne-75 comrn�nlstF na Geonse-c LavcoutCoat 20 da-s Mo 9/2-122 f,10'al— Es:rrrarDra n-Ee AeDary,&T,-aesgn Sub-it ma-Geo-w E Lavou' CcoT=„t- .e_D,unage 0 days lW21IZ2 RaDort, -CP ZaC zy n F nal Geame r c Layout-Cosa-d maze Deninap 311 days Me-1012d,12 _11114117 TEMM may ew uTnt 11 d2nf- ue 3 22 blk APO - uv, Q9, npria'projuc:rmawna dvve)own�nt - Man at low P Mcmeetng--ep- 1 UZY5 ArIon 3 117x22 Top I! 15Q2 j -ub c M=at,o 0 aays U.11 -15 2 _Ue 1 ,ja- 1, Pu p=it Mee-ng cornmt,- 'e-On :-Mort Wed 1V16-b22 -ur,12!6/22 pz Pub c Meet ng sommary __O cafs woo 1 /7122 Tue 121--u-2-2 -a sks wl� ­d caaagra. 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Illi, � � II II III I � IY � �II' t .._l p : s e �� A M$iRS € 3 HF mRzi 'a Rte'- i mR5 2 HAs HRS _.-. IM DO ;=sem_ as R.zS HRS _ 8 IRS 4RS a HR.5 d lip 1 R i -;:RSG.Sa Rt+EY-- so#.R5 40;-Rs q€Ham- -a MRS 13 :qs is MRS 2-4q� =1.'04.D :.IELD 7 Qi=QLF "mow ..._... _...24 kRS 0-1-- 5 MRS z'?Rs s mR5 --9-IRU i 7.-3c 00 0AR,atx.LT =S e ' _ i "s 5 s i . %R e __... __ - _ R 2 RRs b.-s..__.... 3 HRS S =—00 'Row PRC{5U--3 R.e ;i R`a aMRS a R 2!'IRS a iR s R 95 HP5 3.05Z.00 9UH-TQT.L —"Rs 4§R Y.�R P + i 2 RR -N M le-RocK F_:-;Q.f%oer-9g Tem ng rOjec- ChMIciffl:T m. SE NOR K _u_Ec_ H-0- SEMOR -- I AD T A�L-ABOR E I CA TASK,OWSUKIP SEMOR K INGNEER N i=cy UYA_-. HF NOMEER ENGN M R AND COST EER ENO NUR —H G T= om -n 3 2 37 10 Q 250 o V47, RA-t: 33 1 ��A__AB re _1.="x.30 so,m, a®u I _IQ VQ 1 1 WOU 1 m UMCAL. COST GTE GCOU IS PRAT HIR AN_ 5EMOR AS WEC N CAD PRDE5_GSEN. R S G_ T OTAL LCAAS -ON R kkANAG5__ G R EOLOGI ..p TECH MEhERAL PROJErT NW�MMM_ 2 2 2 w0mt_q Sua-TOTALS —3 6 -4 Vm_ R R� -s Z 00 W- MOD $a m I Quo TOTAL 05 K - sla 1 A.98 0-lHERWZCTEMPM3F3 I CITY U MATE C-OS71 I 5 U,77.M _0000 --uld nawmgm C Tno LAL-W Ma.m'Nor We$ = d In- S'25 52321W m nancteinM aiM:5cos A --*Boa---$ Lame uo �M&u llnduee3 WW,z-owmr.ant undruO.--- 2 day 5- 53300,00 -54 comm I can sib.oc 5 5.M -AUemm offift 21 59C 00 sl.ego Go ae M Scow 18 rad. _-25 $2 450 I SO M _BR - ewft 5425bG SA21_c m 0.c ufP 0 S n �8M 1 3242 OD *242.W s4ane Swell Menh�md-C 53W Nea I Wco 00 3USF-gTAL s&44-A 0 SUMMMY Cos-is RjW_--Wk WOES 5u PR=-- M&%A-GEMLNT .GEN&,AL DjECT I .0---l"HER DFM PENSES M TOTALS: 5;5,653-o I f1 0. nn o`— IE:: it ✓:ll d:h uuuuuuuum uooi uwoi iio p uu" viH� 121 M w w- I�m I,I p � lel olm �jy r me en wa ro mm mm � n I wee wro me me.� ISI wn iCm r r� u ;a Illr � u u II � c5 IISR� '. 1s u. (,ro ti, IiR N i"6' MW xU i Ip `E a 9LAA,gSA,I I .. .... ai) Estimate for Subsurface Utility Engineering TmIEIll ktosGRoup and Utility Coordination EXHIBIT A City ofIII"Rowl'iId II"Rock - ChJh6hlii° ilIII"Rd. Hourly is Labor(SUE-QL C/D) Rate Assumed unit of Sub-Total Quantity Measure Supervisory Engineer $ 166.06 8 HR $ 1,328.48 SUE Project Manager $ 151-93 16 HR $ 2,430.88 Professional Engineer $ 143.73 0 HR $ - Assistant Project Manager $ 105.89 24 HR $ 2,541-36 Engineer in Training $ 96-48 8 HR $ 771.84 CAD D Technician $ 79.76 48 HR $ 3,828.48 Engineering Technician $ 66.85 4 HR $ 267.40 Field Manager $ 109.85 16 HR $ 1,757.60 Administrative Specialist $ 70.80 2 HR $ 141.60 Sub-Total $ 13,067.64 Assumed Unit of IHourly is Labor(UC) Rate Quantity Measure Sub-Total Supervisory Engineer $ 166.06 0 HR UC Project Manager $ 151.93 4 HR $ 607.72 CADD Technician $ 79.76 8 HR $ 638.08 Senior Utility Coordinator $ 160.00 12 HR $ 1,920.00 Utility Coordinator 120,00 24 HR $ 2,880.00 Sub-Total $ 6,045.80 Total Estimated Cost $ 19,113.44 576 Round Rock West Drive, Building K, Suite 4001 Round Rock,TX 78681 1 Phone: 512.580.5440 SuliDsuif',ace L ftflity Engineeilng j ii lfiktyCoordfinafioin EXHIBIT B FEE SCHEDULE Senior Project Engineer In CAD Total Total Engineer Engineer Training Technician Labor Labor Expense Total Task DeEnlEtion $zoo $150 $100 $70 Hours Cost Cost cost 1 Interior Drainage Area Hydrologic Analysis(Rational Method) 4 12 40 8 64 $7,160 $7,160 2 storm sewer Prom An laysis&Design a 40 60 24 108 $15,280 $15,280 3 QAQC Storm Sewer Anlayss&Design 16 8 11 24 11 $4,400 111 $4,4001 Project Totals 28 100 32 196 EXHIBIT E Certificates of Insurance Attached Behind This Page FREEAND-02 DATE(MMi CERTIFICATE OF LIABILITY INSURANCE 1/31/2022 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATiON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMA71VELY 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If TI IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not conferrl is to the certificate holder In lieu of such endo rsoment(�S2...­ PRODUCER C2MNTACT N E Ames&Gough PHONE FAX 8300 Greens oro Drive (AIC,No,Exil(703)827-2277 yuc.N.):(703)827-2279 Suite 980 R OnOkss,admin@arneagough.com McLean,VA 22102 INSURER(5)AFFORDING COVERAGE MAIC N INSURER A:Hartford Underwriters Insurance Company A+(XV)30104 INSURED INSURER B:TwIn City Fire Insurance Company A+(XV) 29459 24 Freese and Nichols,Inc. INSURER C:Hartford Casualty Insurance Company A+(XV) 29424 801 Cherry Street, it 2800 INSURER o:Hartford Accident and Indemnity Company A+(XV 22357 Fort Worth,TX 76102 INSURER E:Continental Casualty Company(CNA)A,XV 20443 INSURER F, COVERAGES CERTil NUMBER- 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 VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMB POLICY EFF POLICY EXP 111h,"ein ERLI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,0()0,000 CLAIMS MADE: X i 42UUNOL5238 1012312021 1012312022 DAMAGE TO RENTED 1,000,000 PREMISES(Ea omrrence) S X Contractual Liab. MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1i,000,000 GIE iq1%AG('REGATIE LIMIT APIPUI S PEIR GENERAL AGGREGATE S 2®000,000 :IPOILIICY X 261lr L.01CPRODUCTS-COMPIOP AGO 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1'000,000 (Ea accident) $ X All AU T101 42UENOL5558 1012312021 1012312022 BODILY INJURY(Per person) $ OV011ED, SCHIEDLILED AUTOS ONLY A11.) OS BODILY INJURY(Per accident),S PROPERTYMACE ONLY (Per aoddentr S UMBRELLA LIAO X OCCUR EACH OCCURRENCE S 10,000,000 EXCESS LIAR CILAIMS-MAIDE 42 HXU OL 5747 1012312021 1012312022 AGGREGATE $ 10,000,()00 DED X RETENTHDINS 10,000 WORKERS COMPENSC TION X PER OTH- AND EMPLOYERS'LIAILITY YIN STATUTE ER ANY IPIROIFIIR!IElrORAPAHEPdEXIP'(,k)lI WE 42W8OL6H3F 1012312021 1012312022 1,000,000 Ka'n%l UDEDD N N A E L EACH ACCIDENT ale YIMRW n ) E L DISEASE-EA EMPLOYEE 1,000,000 II ppeA,ri xW101 1,000,000 L DISENSIE-KIUCY LIMIT 5 E Professional Ll . AEH008212 1012312021 1012312022 PerClalm 6,000,000 DESCRIIP'TIONOFOPERATOONli1'IL(')CA'TlllIn'NSIIgEHICLES JACORD 101,Additional Remarks Scheddlo,maybe attached It more spaics la mrtlwliradll PROFESSIONAL LIABILITY A GGREGATE LIMIT:$10,000,000 RE:Chisholm Trail City of Round Rack is included as Additional Insured with respect to General Liability,Auto Liability,and'Umb"31111a Liall whien required lby written ountirm"t. General Liability,Auto Liability and Umbrella Liability are primary and non-contributory over any existing Insurance and 111iniliteld to,habillilty litill out of the operations of the named insured and when required by written contract.30-day Notice of Cancellation wiH be iissitied 1throe Geirlairall Lialbillilty,AiLito Liall Umbrella Liability,Workers Compensation and Professional Liability policies In accordance with policy terms and conditions. CERTIFICATE I 10ILDEIR CANCELLATION SHOULD ANY OF THE ABOVE DESCIR111BED POILiCIES BE CAINCEL LED Elli IIRIE THE EXPIRATION DATE THEREOF, NOTICE WILL BIB DELIVERED IIN City of Round Rock ACCORDANCE WITH TIIIIE P01L11l1,',V PROVISIONS. 221 East Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ACORD 26(2016103) 0)1988-210115 AGOIRD GDIR111n0 RAT ION. AIIIII hgll,its,reservad. The ACORD name and logo are registered marks of AC011RQ'