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Contract - Halff Associates, Inc - 6/22/2023 ROUND ROCK TFXA5 CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES,INC. ("Engineer") ADDRESS: 13620 Briarwick Drive, Suite 100, Austin, TX 78729 PROJECT: Eagles Nest Street THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS ONT CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the4m y of , 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: 1Z-2o23-IIJO Engineering Services Contract Rev. 02/22 0199.202322;4871-9952-8807 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 Eight Hundred Ninety-Nine Thousand Six Hundred Forty-Four and No/100 Dollars ($899,644.00) 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: Dawn Scheel Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 218-6603 Mobile Number(512) 663-1098 Fax Number N/A Email Address dscheelAroundrocktexas.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: Eric Ratzman Senior Project Advisor 13620 Briarwick Drive, Suite 100 Austin, TX 78729 Telephone Number(512) 777-4620 Fax Number N/A Email Address eratzman(ahalff.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: Eric Ratzman Senior Project Advisor 13620 Briarwick Drive, Suite 100 Austin, TX 78729 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 HALFF ASSOCIIA�T�ESS, INCH By: Signature of Principal Printed Name: Eric J. Ratzman 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Craig Morga , Ma Stephanie L. S-ana e, City Attorney ATTEST: By. 11711 - j eagan Sp' s, City 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 EAGLES NEST STREET SCHEMATIC AND ENVIRONMENTAL FROM CHISHOLM TRAIL TO CYPRESS BLVD The City will furnish to the Engineer the following information and/or perform the following tasks: • Provide a tax exemption form for the purchase of taxable goods and services. • Post and pay for notices in local publications. • Post and maintain project information on City website, as appropriate. • Review Engineer 's plan and submittals, and cost estimates. • Assist the Engineer in obtaining property rights-of-entry for ground surveys and environmental investigations if owners are uncooperative. • Support project development with external stakeholders such other agencies and property owners. • Assist the Engineer, as needed, in obtaining data and information from the State, County, and/or other franchise utility companies. • Coordinate and communicate project items and progress to other city departments, as appropriate. Exhibit A Eagles Nest—Schematic Phase Page 1 of 1 EXHIBIT B Engineering Services EAGLES NEST STREET SCHEMATIC AND ENVIRONMENTAL FROM CHISHOLM TRAIL TO CYPRESS BLVD GENERAL PROJECT OVERVIEW For the scope of services for this supplemental contract the Engineer shall provide professional services for preliminary schematic design and initial environmental due diligence. Engineer will provide services described in further detail as follows: Task 1 - PROJECT MANAGEMENT 1.1. Project Administration • The Project Manager shall communicate with the city project manager. • Prepare project meeting summaries for applicable meetings during the project development process. • Keep records of project correspondence and make such records available to the city as needed. 1.2. Monthly Progress and Invoice • Create and submit monthly invoices in required city format. • Prepare monthly progress reports for submission with the invoices to provide a written account of the progress made to date on the project 1.3. Sub-consultant Management • Prepare and execute contracts with sub-consultants, monitor sub- consultants work, review and approve of sub-consultant invoices. Task 2— DATA COLLECTION 2.1. Boundary verification • Engineer/surveyor will perform a boundary verification survey of the boundaries affecting the subject tract(s), which we will utilize in preparation of surveying and engineering deliverables for the project • The survey will be performed in substantial accordance with TSPS Category 1-B, Condition II requirements. This does not include the preparation of a separate survey map suitable for title insurance purposes or for addressing Schedule B items • The property corners affecting the subject tract(s), will be recovered and flagged. Exhibit B Eagles Nest—Schematic Phase Page 1 of 15 • Halff will perform research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed and will obtain deeds of record for adjoining properties based upon current tax maps. • This proposal does not include research efforts normally performed by a title company. 2.2. Topographic and Tree Survey • Engineer/surveyor will perform a topographic and tree survey of the subject tract(s). • Aerial or mobile UDAR and conventional survey methods may be used for data collection. • Establish a minimum of three benchmarks. • Obtain break lines and spot elevations sufficient for 1-foot contour intervals. • Obtain line and grade on handicap ramps, crosswalks, and sidewalks. • Locate above ground visible improvements. • Locate visible above-ground utility locations, either found by our surveyors or located for us by utility companies and/or other agencies. • Provide spot elevations at center point of manhole covers and access vaults. • Provide invert elevation of manhole and elevation of pipe flowlines (if possible). • Provide location, pipe size, (if possible) and invert elevation of existing storm drain structures. • Locate and tag existing hardwood trees 8-inches diameter and greater. The critical root zones will be represented by a circle (tree circle), the radius of which equals 1 foot for each inch of tree diameter, unless other local or specific standards are provided to us. The client understands that certain species of trees may be difficult to identify, particularly in winter months, and the client should consider retaining an arborist to confirm the identification of certain trees in critical areas. • Process field collected data for field survey. • Perform quality control for survey requirements. • Prepare base map illustrating data collected above. • Include property ownership and boundary information. • Extract spot elevations and break lines into DTM. • Extract and prepare triangulated irregular network into DTM. • Load 1-foot contour information. • Provide a Civil 3D .dwg file This proposal is based on the following assumptions: • Vertical datum will be NAVD88(Geoid 18) unless otherwise specified by others prior to the commencement of the project. Exhibit B Eagles Nest—Schematic Phase Page 2 of 15 • CADD deliverable will be in surface coordinates based on Texas State Plane Coordinate System of 1983 (NAD83/ Central Zone) utilizing a grid to surface scale factor of 1 .00012 scaled about 0,0 unless otherwise requested. • The survey can be performed utilizing a combination of conventional and GPS methods. • Sufficient boundary monumentation needed to control the survey is recoverable, and in good condition. • There are no encroachments, overlaps, gores or other issues affecting the boundary lines. • Halff will perform research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed and will obtain deeds of record for adjoining properties based upon current tax maps. • Chainsaw use may be necessary for site-line clearing, and the client authorizes cutting of underbrush and small trees for this purpose. • The client will assist with permission for access onto adjoining properties to gather topographic or boundary information (if property owners are not responsive). 2.3. Geotechnical Engineering Study to be provided by Raba Kistner (see attached scope of work from RKCI) 2.4. Subsurface Utility Engineering (SUE) including utility investigations subsurface and above ground prepared in accordance with AASHTO standards [ASCE C-1 38-22] and Utility Quality Levels as follows. • Utility Quality Levels are defined in cumulative order (least to greatest) as follows: a. Quality Level D - Existing Records: Utilities are plotted from review of available existing records. b. Quality Level C - Surface Visible Feature Survey: Quality level "M information from existing records is combined with surveyed surface-visible features (performed by surveyor). Includes Quality Level D information. If there are variances in the designated work area of Level D then a new schematic or plan layout, if needed, is required showing the limits of the proposed project and limits of the work area required for this work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included down existing intersecting roadways. (4,000 If of utilities estimated) c. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Incorporates quality levels C and D information to produce Quality Level B. If there are variances in the designated work area of Level D then a new schematic or plan layout, if needed, is required showing the limits of the proposed project and Exhibit B Eagles Nest—Schematic Phase Page 3 of 15 limits of the work area required for this work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included down existing intersecting roadways. (Designating is not included in the work authorization) Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes. Actual locations are tied to survey control (performed by surveyor). Incorporates quality levels B, C and D information to produce Quality Level A. (Test holes are not included in this work authorization) Task 3 — SCHEMATIC DESIGN 3.1. Preliminary Design Schematic 0 The Engineer will work with the city to determine the proposed typical section. The city's Transportation Master Plan anticipates Eagles Nest to be a four-lane facility. The city's Trail Master Plan also shows a proposed "Parkway Trail" along this route, which would be accommodated with a shared use side path. From the city's Transportation Criteria Manual typical section that would accommodate both of these needs is the Typical Section Four Lane Arterial with Off-Street Shared Paths (A 120- 54) in 120 feet of ROW (Figure 1-9 of DACS) as the basis of design. The traffic engineering scope below will confirm this section will operate adequately for the 20-year traffic projections. The Engineer will develop one best-fit alignment (based on existing ROW and intersections already on the ground) and submit to the city for review and comment or adjustment as needed before developing the full schematic. • The Engineer will prepare the preliminary geometric design schematic 30/60/90/Final submittals of schematic to city and TxDOT Prepare cross sections to determine needed ROW footprints • Determine preliminary retaining wall limits (shown on schematic, not separate sheets) Assumptions: (i) Excludes interstate access justification study (ii) Includes identification of impacts to existing high mast illumination and ITS but not lighting studies or ITS needs assessment or design. (iii) Excludes Value Engineering studies (iv)Excludes traffic control plans (v) Excludes FHWA coordination (vi)Does not include stakeholder coordination beyond the property owners and agencies identified in this proposal. Exhibit B Eagles Nest—Schematic Phase Page 4 of 15 3.2. Construction cost estimates with each submittal • Engineer will measure estimated quantities for schematic level construction cost estimates and prepare TxDOT forms: 1002, 2440 DSR, and 2442/APD stage gate checklist. Estimates will include inflation to anticipated letting year, but not estimations for ROW acquisition costs. 3.3. Traffic Protections and Analysis The ENGINEER will perform the following tasks: • Collect 24 hour Turning Movement Counts (TMCs) for at least two (2) of Tuesday, Wednesday, and/or Thursday of the same week at three (3) surrounding intersections. Counts should be collected at the following intersections (i) Mays St. and Oakmont Dr. (ii) Eagles Nest St. and Sunrise Rd. (iii) Eagles Nest St. and Cypress Blvd. (iv)Chishom Tail Rd. and CR 173 • Research historical traffic count data in the study area. • Obtain information on planned / future developments in the study area from the City of Round Rock. • Using the traffic count data collected for the project, the historical traffic count data in the study area and future developments in the study area, develop projected letting-year, design-year (letting year +20) and pavement design year (letting year + 30) traffic volume projections and related traffic analysis. The traffic projections will be utilized for design and environmental (noise) analysis. Traffic data will be shown on the design schematic. • Analyze operations at the following intersections for design-year (current year +20): (i) Eagles Nest St. and Sunrise Rd. (ii) Eagles Nest St. and Cypress Blvd (iii) Proposed Eagles Nest St. and Mays St. (iv)Proposed Eagles Nest St. and Chisholm Trail Rd • Prepare a Traffic Projections Memorandum detailing the data, methodology, assumptions and projections. • Prepare a line diagram showing the current-year, design-year and pavement design year traffic volume projections. • Submit the Traffic Projections Memo and traffic volume line diagram to City for approval (TxDOT approval of projections not required or scoped) Deliverables: • Draft and final traffic projections memorandum • Draft and final line diagram with projected traffic volumes • Electronic copies of all documents Exhibit B Eagles Nest—Schematic Phase Page 5 of 15 3.4. Future railroad crossing profile and exhibit • Engineer will develop a profile and determine feasibility of the future extension west, going over and tying back down to existing grade (- 1000 feet west) • The profile will not be included in the preliminary schematic, rather it will be used solely for concept and planning purposes • A separate color layout of the railroad crossing (roll plot and PDF deliverables) will be submitted. 3.5. Preliminary Drainage Report and Water Quality Calculations • Engineer will prepare and submit a Preliminary Drainage Report that addresses items 3.6, 3.7, and 3.8 below along with water quality calculations to determine preliminary sizing of water quality treatment facilities meeting TCEQ Edwards Aquifer Rules and Technical Guidance (task does not involve submittal or permitting through TCEQ, which will be accomplished in the, future, PS&E project stage) 3.6. UBWCID Dam 11 Encroachment Evaluation • Inundation Encroachment Evaluation: The City of Round Rock is the owner of a Master Development Permit from Upper Brushy Creek Water Control and Improvement District (UBC WCID) for available storage within the Dam 11 inundation easement area. Halff will coordinate with the City of Round Rock to explore the potential of utilizing a portion of the available storage for the proposed roadway project. The available storage is intended for use by the City and City-partner projects. This storage, if accepted for this project, may be used to offset fill in the inundation easement caused by the addition of piers, abutments and/or roadway embankment needed to implement the roadway and bridge across Chandler Branch and the Dam 11 inundation easement. Also, if accepted, the available storage could be utilized to offset detention needs for proposed new impervious cover from the roadway project on the east side of IH-35 that drains to Chandler Branch. If the City provides approval for this project to participate in the Dam 11 Master Development Permit, Halff will evaluate regional detention to discuss with the City • Regional Detention Evaluation East of IH35: If participation in the Dam 11 Master Development Permit is accepted, Halff will utilize existing hydrologic models for Chandler Branch, provided by the City of Round Rock, to evaluate the existing and proposed runoff conditions associated with the proposed roadway project east of IH35. This hydrologic analysis will provide preliminary storage needs following the City of Round Rock Drainage Criteria Manual and the Dam 11 Master Development Permit guidance. Halff will update the hydrologic model obtained and include any subbasin revisions to include the proposed roadway and bridge improvements to determine anticipated volume displacement within the inundation easement. No other watershed parameters will be modified or evaluated (i) Utilize the Chandler Branch hydrologic models developed in the Floodplain and Conveyance Analysis task Exhibit B Eagles Nest—Schematic Phase Page 6 of 15 (ii) Utilize the proposed roadway and bridge plan, profiles and grading to determine anticipated volume displacement within the inundation easement (iii) Include the proposed roadway crossing in the hydrologic model to determine if volumetric impacts from the proposed roadway and bridge will be acceptable to the City of Round Rock (iv)Coordinate with City of Round Rock upon completion of evaluation and address feedback and comments; assumes two (2) comment responses with the City floodplain administrator Note: If the analysis is not acceptable by the City at Dam 11 , on-site detention facilities for the proposed roadway extension project will be required and additional services may need to be requested to evaluate additional detention needs • Detention Needs Evaluation West of IH35 (i) Halff will utilize existing hydrologic models to analyze roadway impacts to drainage areas that do not contribute to the Dam 11 inundation easement, particularly those located on the west side of IH-35. Halff will evaluate the existing and proposed runoff conditions associated with the proposed roadway project. This hydrologic analysis will evaluate preliminary detention needs following the City of Round Rock Drainage Criteria Manual. Halff will update the hydrologic models obtained and include any subbasin revisions to include the proposed roadway and bridge improvements to determine anticipated detention needs to estimate potential right-of-way acquisition needs only. Detention pond design is not included, and no other watershed parameters will be modified or evaluated (ii) Utilize available Chandler Branch hydrologic model for contributing drainage areas west of IH35 (iii) Utilize the proposed roadway plan, profiles and grading to determine anticipated detention needs (iv)Coordinate with roadway design on required infrastructure to implement detention needs (v) Coordinate with City of Round Rock upon completion of evaluation and address feedback and comments (assumes two rounds of review) 3.7. Floodplain and Conveyance Analysis Exhibit B Eagles Nest—Schematic Phase Page 7 of 15 • Halff will utilize the best available Chandler Branch hydrologic and hydraulic (H&H) models obtained from the City of Round Rock which includes the reservoir routing for UBC WCID Dam 11 and the most recent available aerial LiDAR topography. The Dam 11 reservoir pool for the effective FEMA 100-yr flood elevation extends through the proposed roadway crossing location. Halff will utilize the proposed roadway/bridge alignment and proposed plan & profile elevations to prepare the analysis. This floodplain study analysis will determine the NOAA Atlas 14 10-, 25-, 50-, 100-, and ultimate 100-yr flood elevations at the roadway crossing following FEMA standards and guidelines as well as standards associated with the City of Round Rock Drainage Criteria Manual (DCM) which requires a floodplain study and a downstream conveyance study • The hydraulic model will be reviewed and adjusted to incorporate proposed project peak flows determined from the hydrology model, which includes the proposed roadway, to determine potential increases in flood elevations downstream of Dam 11. Halff will perform a flood risk evaluation to determine potential flood impacts (i) Eagles Nest Roadway and Bridge Hydraulic Analysis: Halff will evaluate the proposed hydraulic model that includes the proposed roadway and bridge over Chandler Branch, to confirm that no adverse impacts will be caused by the new roadway and bridge. This initial evaluation will assume backwater from Dam 11 exists. Halff will also conduct an additional hydraulic analysis of the proposed bridge over Chandler Branch assuming no backwater from Dam 11 to estimate potential impacts from the bridge itself. The hydraulic impact analyses will be based on standards associated with the City of Round Rock DCM. If impacts are identified, Halff will prepare an analysis of recommended solutions to mitigate those impacts to achieve concurrence with DCM criteria (ii) Utilize the most current Chandler Branch hydrologic and hydraulic models obtained from the City of Round Rock (iii) Develop Atlas 14 baseline hydrologic and hydraulic models (iv)Develop proposed Eagles Nest Street roadway and bridge condition hydrologic and hydraulic models (v) Perform roadway & bridge impact analyses assuming backwater from Dam 11 and assuming no backwater from Dam 11 3.8. Preliminary Bridge Layouts • See attached scope by Aguirre & Fields 3.9. Property owner coordination (to be performed by CD&P) • Establish current Property Owner database • Arrange meetings • Develop meeting materials • Conduct individual stakeholder/property owner meetings (10 budgeted) and document results 3.10. Utility Coordination Exhibit B Eagles Nest—Schematic Phase Page 8 of 15 • The Engineer shall take the lead in conducting up to five utility coordination meetings with TxDOT, as required, to facilitate utility conflict identification and resolution within State right of way • The Engineer shall create agenda and provide exhibits for all coordination meetings with TxDOT as directed by the client. • The Engineer shall develop and maintain a contact list of all existing utility owners within the project limits. • The Engineer shall provide a written memo identifying any major utility facilities or time sensitive items to be analyzed, avoided, and/or mitigated, if possible, during the PS&E phase. • The Engineer shall develop and maintain a schematic level standard Utility Conflict Matrix (UCM) showing each utility conflict, with location, size, and recommended SUE quality level needed to further review and resolve conflicts during the PS&E phase. • The Engineer shall develop one draft and one final Utility Conflict Exhibit depicting the utility conflict locations within the project limits. • The Engineer shall conduct preliminary utility easement research to investigate any potential property interest held by utility owners impacted by the project improvements • Deliverables: i. Final Utility Conflict Matrix along with Final Utility Conflict Exhibit. The Utility Conflict Exhibit will be on 11 x17 sheets and include callouts to indicate the conflict ID#, utility owner, type of line (water, sewer, high pressure gas, etc.). ii. Utility Contact List in excel and pdf format. iii. Utility Memo summarizing any major utility facilities or time sensitive items pertaining to utilities that need to be addressed in PS&E phase iv. Schematic level estimate of reimbursable utility costs. Task 4— ENVIRONMENTAL The proposed Eagles Nest Street Extension project is approximately 1 mile long and extends from Chisholm Trail Road to Cypress Boulevard in the City of Round Rock, Williamson County, Texas. The proposed project includes the construction of a new location four-lane (two lanes in each direction) roadway. The environmental services listed below are proposed under the assumption that the project would be entirely funded by the City of Round Rock. The environmental scope of work includes 1) cultural resources services, 2) a waters of the United States (WOTUS) delineation and jurisdictional assessment, 3) a threatened and endangered species and habitat(T&E) assessment, 4) a karst feature survey and geologic assessment, and 5) preparation of documentation necessary to comply with National Environmental Policy Act (NEPA) requirements and Texas Department of Transportation (TxDOT) environmental review requirements. Services included in Tasks 4.1 through 4.3 would be completed for the project areas outside TxDOT right of way (ROW), Tasks 4.4 and 4.5 would be completed for the entire project area, and Task 4.5 would be completed for the project area within TxDOT ROW. Exhibit B Eagles Nest—Schematic Phase Page 9 of 15 Task 4.1: Cultural Resources Services Because the project would be developed by the City of Round Rock, a political sub-entity of the State of Texas, it would fall under purview of the Antiquities Code of Texas (Title 9, Chapter 191 of the Texas Natural Resources Code), which requires the Texas Historical Commission (THC) to review actions that have the potential to impact archeological historic properties within the public domain. In addition, the project may require authorization pursuant to Section 404 of the Clean Water Act, which is considered a federal action requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). Task 4.1.1 Desktop Review The proposed project crosses an area near 1-35 that was previously surveyed and is designated as a State Antiquities Landmark (SAL) eligible for listing on the National Register of Historic Places (NRHP). Halff will perform a desktop review of the Texas Archeological Sites Atlas maintained by the THC to determine whether any archeological historic properties eligible for listing on the NRHP, SALs or cemeteries are documented within or adjacent to the project's Area of Potential Effect (APE), which consists of areas with proposed ground disturbance. Background research will also include a review of local soil, geologic and predictive modeling data to evaluate the potential for buried archeological deposits as it pertains to the horizontal and vertical footprint of the APE. Historic maps will be reviewed to identify any potential above-ground historic structures within or adjacent to the project area and characterize historic land use. The results of the desktop review will be summarized in a report that concludes with recommendations pertaining to the project's potential to impact archeological and historic resources and if additional Section 106 and ACT coordination is required (e.g., cultural resources field surveys and coordination with the U.S. Army Corps of Engineers (USACE) and THC) is warranted. Task 4.1.2 Texas Antiquities Permit Application If an archeological field survey is warranted, Halff would prepare a scope of work that outlines the methodology developed for an archeological resources survey of the project area and adjacent properties. The scope of work would accompany a Texas Antiquities Permit Application submitted for review and approval by the THC. Task 4.1.3 Archeological Resources Survey Upon issuance of the Antiquities Permit number by THC, Halff would conduct an archeological resources survey that conforms to the THC-approved Survey Standards for Texas. The survey would be conducted by cultural resources professionals who meet the U.S. Secretary of the Interior's Professional Qualification Standards for Archeology. The archeological survey would include pedestrian reconnaissance and shovel testing within the proposed construction footprint. The investigation would be performed under purview of the ACT and Section 106. Task 4.1.4 Archeological Survey Report At the conclusion of the field survey, Halff would prepare and submit a draft report that provides the results of the investigation and recommendations regarding any additional ACT and Section 106 requirements. Following a period of City review and comment, the draft report would be submitted for review by the THC. After addressing any agency comments, Halff would submit a final report to the City and THC. Exhibit B Eagles Nest—Schematic Phase Page 10 of 15 Task 4.1.5 Curation Pursuant to 13 Texas Administrative Code 26.17, and after acceptance of the final report by the THC, the field records, report, and photographs would be submitted for permanent curation at the Center for Archaeological Studies located at Texas State University in San Marcos, Texas. Task 4.2: Waters of the United States Delineation and Jurisdictional Assessment The project area contains floodplains and aquatic resources (e.g., Chandler Branch) which may be regulated as a WOTUS by the USACE under Section 404 of the Clean Water Act (Section 404). To facilitate avoidance of these resources, Halff would perform an on-the-ground delineation of aquatic resources (e.g., streams, creeks, wetlands, ponds, etc.) within the project limits in accordance with the USACE "Wetland Delineation Manual, Technical report Y-87-1" and the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plans Region (Version 2.0)." Under this task, Halff would: 1. Employ GPS surveying techniques per USACE Fort Worth District operating procedures to delineate the limits of potential WOTUS, including wetlands. Complete necessary wetland data forms and take on-site photography for representative site features. 2. Prepare draft and final reports describing the methodology and results of the investigation so that the report would satisfy the jurisdictional determination requirement for future permits, if necessary. Geographic Information System (GIS) shapefiles of the field data collected would be provided with the final report. Task 4.3: Threatened and Endangered Species and Habitat Assessment To demonstrate compliance with the Endangered Species Act (ESA), Halff proposes to conduct a T&E assessment by performing a literature review of federal-listed threatened and endangered species for Williamson County, Texas and evaluating the project area for suitable habitat for identified species. The investigation would also include a search request from the Texas Natural Diversity Database (TXNDD). TXNDD is a record of occurrences for rare plant and animal resources that is based upon the best available information to Texas Parks and Wildlife Department (TPWD). Halff would also obtain official species information from United States Fish and Wildlife Service (US Fish & Wildlife) Information for Planning and Consultation (IPaC). The TXNDD and IPaC data are to support determinations of potential species occurrence for the project area and provide specific information where available. Since an absence in the TXNDD data does not equate to an absence of a species within the project area, general observations during field visits will also be utilized. Under this task, Halff would: 1. Determine whether preferred habitat or designated critical habitat for any listed species is present within the project area. Determine whether any listed species are likely to be present within the project area. Determine whether development within the project area affects or has the potential to affect federally listed species. 2. Prepare draft and final T&E assessment reports for species potentially occurring within the project area. Task 4.4: Karst Feature Survey and Geologic Assessment The proposed project is located within karst zones 1, 3 and 4. See attached proposal from SWCA, Inc. regarding efforts for the karst feature survey and geologic assessment. Task 4.5: TxDOT Categorical Exclusion Because the proposed project would be constructed in portions of existing TxDOT ROW where the roadway extension is proposed to pass over Interstate Highway 35 (1-35), environmental review and appropriate documentation is required in accordance with NEPA and implementing regulations Exhibit B Eagles Nest—Schematic Phase Page 11 of 15 found in the Federal Highway Administration's (FHWA's) 23 Code of Federal Regulations (CFR) Part 771 and the State's 43 Texas Administrative Code (TAC) Chapter 2. This scope of work and fee estimate assumes that the proposed improvements would meet the requirements of 23 CFR 771.117, Categorical Exclusions (CE), for a (c)(22) CE. The environmental process will follow guidance published by TxDOT. The following tasks will be necessary to receive a CE determination from the TxDOT Austin District. Task 4.5.1: Project Scoping The purpose of this task is to provide scoping documentation to the TxDOT Austin District to initiate the CE process and identify the technical studies that will be required for the project. The Consultant shall complete entries for the Work Plan Development (WPD) I and WPD II Environmental Compliance Oversight System (ECOS) screens and submit to TxDOT. The following resources will be addressed in the scoping documentation: • Air Quality • Cultural Resources • Community Impacts • Biological Resources • Water Resources • Hazardous Materials • Traffic Noise • Section 4(f) & Section 6(f) • Parks and Wildlife Code, Chapter 26 • Natural Resources Code, Chapter 183 • Indirect Impact Analysis • Cumulative Impacts • Public Involvement The Consultant will obtain digital environmental information available from appropriate local, state, and federal agencies for desktop review. Data collected through this task will be stored in GIS format. This task includes the following deliverables which will be sent to TxDOT for review: • WPD entries Task 4.5.2: Technical Reports Technical reports and resource agency coordination requests will be prepared for resources that require assessment as defined in TxDOT's WPD ECOS screens. The technical reports are used by TxDOT to initiate resource/regulatory agency coordination and to obtain feedback/approval from agencies, as applicable. This project is anticipated to require the following technical reports further described in the tasks below. 1) Species Analysis Form, Species Analysis Spreadsheet, and Documentation of Texas Parks and Wildlife Department (TPWD) Best Management Practices (BMP) Form 2) Surface Water Analysis Form, Waters of the U.S. Delineation Report, and Section 404/10 Impacts Table 3) Hazardous Materials Initial Site Assessment (ISA) 4) Project Coordination Request (PCR) for Historical Studies 5) Archeological Background Study The technical reports will be submitted to the TxDOT Austin District and revised in accordance Exhibit B Eagles Nest—Schematic Phase Page 12 of 15 with comments received during up to two (2) rounds of review. Field surveys will be completed by the Consultant to document existing conditions. This task includes taking on-site photographs, and GPS equipment will be used to record the locations of environmental resources. Task 4.5.2.1: Species Analysis Form, Species Analysis Spreadsheet, and Documentation of TPWD BMP Form An assessment will be conducted for vegetation and protected habitat impacts in accordance with the MOU between TxDOT and TPWD. The analysis will evaluate vegetation/land cover found in the project area as compared to TPWD's Ecological Mapping Systems of Texas (EMST). This task will include a review of current species lists from the TPWD and the USFWS, and a search request from TPWD's TXNDD. Conclusions will be made, based on general observations from the visual survey and the literature review and database search, regarding whether preferred habitat or designated critical habitat for any listed species is present within the project area, whether any listed species is likely to occur, and whether there is a potential effect or impact to listed species. This task includes the following deliverables which will be sent to TxDOT for review: • Species Analysis Form • Species Analysis Spreadsheet • Documentation of TPWD BMP Form Task 4.5.2.2: Surface Water Analysis Form, Waters of the U.S. (WOTUS) Delineation Report, and Section 404/10 Impacts Table The Consultant will make a preliminary jurisdictional determination of WOTUS within the project area. This determination will include delineation of the boundaries and ordinary high-water mark of jurisdictional waters within the ROW, if present. This task includes preparing the following deliverables which will be sent to TxDOT for review: • Surface Water Analysis Form • Waters of the U.S. Delineation Report • Section 404/10 Impacts Table Task 4.5.2.3: Hazardous Materials ISA The Consultant will complete a Hazardous Materials ISA for potential hazardous materials impacts, which will be sent to TxDOT for review. The ISA will determine the potential for encountering hazardous materials in the project area, including possible environmental liability, increased handling requirements (e.g., soil or groundwater), and potential construction worker health and safety issues. The ISA will include the following: • Determination of the appropriate project-specific level of inquiry for the ISA. • Consideration of the project design and ROW requirements, including project excavation requirements, anticipated ROW acquisition, and the demolition or modification of structures. • Copies of database reports, maps depicting site locations, photographs, recommendations, and any other supporting information gathered to complete the ISA. Exhibit B Eagles Nest—Schematic Phase Page 13 of 15 Should the findings of the ISA conclude that additional investigation, special considerations, or other commitments from TxDOT or the Client are required during project development, the Consultant will review those findings with the Client and TxDOT. This task includes the following deliverable which will be sent to TxDOT for review: • Hazardous Materials ISA Task 4.5.2.4: Project Coordination Request for Historical Studies The Consultant will complete a PCR for Historical Studies form for the project, which will be sent to TxDOT for review. The PCR form will provide information regarding the following: • Potential for the presence of historic-age properties in the project's Area of Potential Effects (APE). • A review of the Texas Historical Commission's (THC) online Historic Sites Atlas to identify previously recorded historic sites within the APE. • The PCR form will include attachments with maps of the proposed project limits and the project APE. This task includes the following deliverable which will be sent to TxDOT for review: • PCR for Historical Studies Task 4.5.2.5: Archeological Background Study An Archeological Background Study will be produced by a professional archeologist, which will be sent to TxDOT for review. The Archeological Background Study will consist of the following: • Definition of the area of potential effects (APE) which includes existing ROW, all proposed new ROW, easements (temporary and permanent), and any other project- specific location designated by the State, as well as consideration of the likely depth of impacts resulting from the proposed project. • Review of existing data, including, but not limited to, the Texas Archeological Sites Atlas, geologic maps, soil maps, aerial photographs, and historic maps. • Identification of areas that require field investigation to evaluate the project's effects on archeological resources (including cemeteries) and areas in which the proposed project would have no effect on archeological resources and cemeteries. This task includes the following deliverables which will be sent to TxDOT for review: • Archeological Background Study Environmental Assumptions and Limitations • Technical reports or applicable documentation for the following items are excluded from the scope of services for this task: air quality, noise, community impacts, indirect impacts, cumulative impacts, Section 6(f) impacts, and Chapter 26 impacts. • Preparation of an Environmental Assessment and Environmental Impact Statement are not included in the scope of work for this task. • This scope of work excludes any coordination or documentation associated with the Natural Resources Code, Chapter 183. • The scope of work for this task does not include threatened or endangered species surveys or Section 7 (informal or formal) consultation with the USFWS under the Endangered Species Act. Exhibit B Eagles Nest—Schematic Phase Page 14 of 15 • This scope and fee estimate does not include tree surveys or identification of tree species within the study area. • This scope of work does not include preparation a USACE Section 404 Nationwide Permit Pre-Construction Notification Application, Individual Permit Application, or a mitigation plan. Because the proposed project is partially located within Karst Zone 1, any impacts to WOTUS will require a PCN, per NWP General Condition 32. • The scope of work for this task does not include preparation of a Request to Relocate an Official Texas Historical Marker form, historical studies research design, performing a reconnaissance survey for historic structures/districts, evaluation of NRHP eligibility for non-archeological historic resources, evaluation of effects on NRHP-eligible or -listed sites, or development of mitigation plans, or Section 4(f) evaluations. • The scope of work for this task does not include evaluation of NRHP and State Antiquities Landmark eligibility for any sites documented in the APE. • This scope and fee does not include the documentation or removal of human burials encountered during the archeological survey. • If the proposed project would result in an adverse effect to archeological historic properties, this scope of work does not include completion of the following TxDOT WPD activities: Perform Archeology Data Recovery, Perform Archeology Mitigation Activity, Perform Archeology Monitoring Commitments, Perform Cemetery Investigation, or Perform Cemetery Removal. • This scope of work does not include preparation of checklists for Section 4(f) exceptions or de minimis determinations, Section 4(f) programmatic evaluations, or individual Section 4(f) evaluations. • Public involvement, including mailing of letters to adjacent property owners and a virtual and/or in person public meeting and public hearing, are not included in this scope of work. • A traffic noise workshop is not included in this scope of work. • This scope and fee estimate does not include right of entry coordination. It is assumed that the client will provide right of entry to the site at notice to proceed. If the Client, TxDOT, or a regulatory agency requires additional information other than that specified in this scope of work, then a supplemental services agreement will be required. The Engineer will perform the services to be provided under this agreement out of Engineer's office(s) as listed below: Office Location Halff Associates, Inc. 13620 Briarwick Drive Bldg C, Suite 100 Austin, TX 78729 Sub-Consultants: Aguirre & Fields, LP Concept Development & Planning, LLC (CD&P) Raba-Kistner Consultants, Inc. SWCA, Inc. Exhibit B Eagles Nest—Schematic Phase Page 15 of 15 4 AGUIRRE & FIELDS EENGINEERING INNOVATORS May 8,2023 Mr. Eric Ratzman, P.E. Halff Associates, Inc. 9500 Amberglen Blvd., Bldg. F, Suite 125 Austin,TX 78729-1102 RE: Letter of Agreement for City of Round Rock Eagles Nest Schematic&Environmental,Structural Engineering Services Aguirre & Fields, LP (the Sub-consultant) appreciates the opportunity to submit this letter of agreement to Halff Associates, Inc. (the Prime)for structural engineering services for the Schematic&Environmental phase of the City of Round Rock Eagles Nest Project. Per the scoping meeting with the City of Round Rock, the proposed engineering effort shall include options analysis, schematic design,and 30%bridge layouts for bridges(including bridge class culverts,if any). Documents will be submitted to the City of Round Rock for review as part of a larger schematic design effort led by Halff Associates, Inc. I.Scope of Work 3. Project Management, Data Collection,and Schematic and Environmental a. Project Administration(Task 3.9) i. Internal coordination (13 months,2 hours/month) ii. City coordination (13 months, 1 hour/month) b. Monthly Progress and Invoice(Task 3.9) i. Monthly progress reports and invoicing(13 months,2 hours/invoice) c. Site Visit(Task 3.9) i. Evaluation of existing conditions for proposed structures d. Initial coordination with US Army Corps of Engineers (USACE) (Task 3.9) i. Preliminary structures exhibits, coordination,and meeting e. Initial coordination with Upper Brushy Creek Water Control & Improvement District (UBCWCID) (Task 3.9) i. Preliminary structures exhibits, coordination,and meeting f. Initial coordination with NEPA review process(Task 3.9) i. Preliminary structures exhibits, coordination,and meeting g. Initial coordination with TxDOT(Task 3.9) i. 30%bridge layout coordination and meeting h. Schematic Design and 30%Bridge Layouts(Task 3.9) i. Options analysis,schematic design, and 30%bridge layouts at IH 35 ii. Options analysis,schematic design, and 30%bridge layouts at Brushy Creek iii. Bridge and retaining wall aesthetics coordination i. Cost Estimate(Task 3.9) i. Area calculations and unit cost determination AGUIRRE&FIELDS 12708 Riata Vista Circle,Suite A-109•Austin,Texas 78727 RE: Letter of Agreement for City of Round Rock Eagles Nest Schematic& Environmental, Structural Engineering Services May 8, 2023 II. Proposed Fee The proposed fees for Structural Engineering Services shall be on a lump sum basis as follows: 3. Project Management, Data Collection, & Schematic and Environmental =$ 110,424.00 _$ 110,424.00 III.Schedule Based on preliminary discussion with the City of Round Rock, NTP is anticipated in May 2023 with a completion of the Schematic & Environmental phase in June 2024. We will follow the final schedule as agreed upon between the City and the Prime and complete all tasks outlined in this Letter of Agreement within the Schematic& Environmental phase. IV.Additional Documentation The following documents are attached and made part of this Agreement: Attachment A— Fee Schedule Attachment B—Terms and Conditions Thank you for the opportunity to enter into this agreement. Upon proposal acceptance, please sign, date and return a pdf copy to Aguirre& Fields. Signed: Aguirre& Fields, LP: Aguirre, LLC—General Partner Halff Associates, Inc. Name Title Name Title Date Date AGUIRRE &FIELDS Page 1 2 STRUCTURAL ENGINEERING SERVICES FEE ESTIMATE City of Round Rock Eagles Nest Schematic&Environmental Aguirre&Fields Task Units Quantity MH/Unit Sr.Structural Structural EIT Tech CADD Clerical Total Total Engineer Engineer Operator Task 3-Project Management,Data Collection,&Schematicand Environmental 3.9 Project Administration Internal coordination 113 months,2 hours/month) Lump 1 26 26 26 $7,50.00 City coordination(13 months,1 hour/month) Lump 1 13 13 13 $3,770.00 3.9 Monthly Progress and Invoice Monthly progress reports and Invoicing(13 months,2 hours/invoice) lump 1 13 6 7 13 $2,426. 3.9 Site Visit Evaluation of existing conditions for proposed structures Lump 1 8 4 4 8 $1,668. 3.9 Initial Coordination with USACE Preliminary structures exhibits,coordination,and meeting Lump 1 40 8 12 12 4 4 40 $7,312. 3.9 Initial Coordination with UBCWCID Preliminary structures exhibits,coordination,and meeting lump 1 40 8 12 12 4 4 40 $7,312. 3.9 Initial Coordination with NEPA review process Preliminary structures exhibits,coordination,and meeting Lump 1 40 8 12 12 4 4 40 $7,312.00 3.9 Initial Coordination with TxDOT 30%bridge layout coordination and meeting Lump 1 40 8 12 12 4 4 40 $7,312.0 3.9 Schematic Design and 30%Bridge Layouts Options analysis,schematic design,and 30%bridge layouts at IH 35 Lump 2 80 32 48 48 16 16 160 $29,248.00 Options analysis,schematic design,and 30%bridge layouts at Brushy Ck Lump 2 80 32 48 48 16 16 160 $29,248.00 Bridge and retaining wall aesthetics coordination Lump 1 30 6 9 9 3 3 30 $5,494.0 3.9 Cost Estimate Area calculations and unit cost determination Lump 1 8 2 6 8 $1,792.0 Subtotal 578 $110,424.00 Total 1S3 159 157 51 51 7 578 $110,424.00 Contract Rate $290.00 $202.00 $127.00 $147.00 $114.00 $98.00 Total 544,370.00 $32,118.00 $19,939.00 $7,497.00 $5,814.DC $686.00 $110,424.00 Summary Man-hours Direct Direct Total Labor Expenses Structural Services 578 $110,424.00 No Charge $110,424.00 Total $110,424.00 5/8/2023 Aguirre Fields ' R A B A [Delivery by Email: eRatzman@Halff.com] K I S T N E R 8100 Cameron Road,Suite B-150 Proposal No. PAA23-028-00 Austin,TX 78754 February 10, 2023 P 512.339.1745 Mr. Eric Ratzman, PE F 512.339.6174 Vice President TBPE Firm F-3257 Senior Project Advisor,Austin WWW.RKCI.COM Halff Associates,Inc. 13620 Briarwick Drive,Suite 100 Austin,Texas 78729 RE: Proposal for Geotechnical Engineering Study Eagles Nest Street Extension From Cypress Boulevard to West of Chisholm Trail Road Round Rock,Texas Dear Mr. Ratzman: RABA KISTNER Consultants, Inc. (RKCI)is pleased to submit this proposal for Geotechnical Engineering Services for the above referenced project. The broad objectives of our study will be to determine soil conditions at the site and to develop design recommendations and construction considerations for an extension of Eagles Nest Street in Round Rock,Texas. Described in this proposal are: • our understanding of pertinent project characteristics; • our proposed scope for field and laboratory study,- our proposed scope for engineering evaluation and reporting; • our tentative project schedule;and • our lump sum study cost. Project Description Under consideration in this study is an approximate 0.9-mile extension of Eagles Nest Street from Cypress Boulevard to west of Chisholm Trail Road in Round Rock,Texas. The extension includes two bridge crossings; one over Chandler's Branch of Brushy Creek and one over Interstate Highway 35.Fill retaining walls are also planned for construction of the bridge approaches. We understand the pavements should be designed in accordance with City of Round Rock requirements and the bridge and retaining wall structures should be design in accordance with TxDOT requirements. Field Study RKCI will conduct the following drilling scheme in order to assess subsurface conditions at the subject site.The locations of the proposed borings are shown on the attached Boring Locations Map. Proposed Structure Number of Borings Depth(ft) Total Depth(ft) Pavement 6 10 60 Bridge 7 70 490 Retaining Wall 2 20 40 Total Drilling Footage 590 ' CONSULTANTS • ENVIRONMENTAL • PROJECT MANAGEMENT • INFRASTRUCTURE 2 Proposal No. PAA23-028-00 February 10, 2023 Borings will be located in the field utilizing tape and right angle measurements from existing benchmarks or using a recreational grade Global Positioning System(GPS)device.Our scope of service does not include surveying in the boring location. Dynamic Cone Penetrometer (DCP) testing will be performed at each pavement boring location for use in design of the pavements. The borings will be advanced to their targeted completion depths below the existing ground surface utilizing a truck mounted drilling rig. Samples will be taken using conventional Shelby-tube and split-spoon sampling techniques. Texas Cone Penetrometer testing will be performed at 5 foot intervals in the bridge and retaining wall borings. Representative portions of the samples will be sealed, identified, packaged, and transported to our laboratory for subsequent testing and classification.Water level readings will be recorded for the open boreholes during drilling. The borings will be backfilled utilizing auger cuttings generated during drilling activities and/or bentonite. Samples will be taken on 2 ft intervals with the upper 10 ft and 5 ft thereafter.The above field work will be supervised by an RKCI graduate engineer or geologist familiar with local geology and the Texas Department of Transportation Geotechnical Manual,and ASTM D1452;D1586,and D1587 standards for drilling and sampling. Samples collected will be retained in our laboratory for 30 days after submittal of the final geotechnical report. Laboratory Testing Upon completion of the subsurface exploration, a testing program will be designed to define the strength and classification characteristics of the subgrade soils. The laboratory testing program is anticipated to include moisture content tests, Atterberg Limits(plasticity)tests, unconfined compression tests, grain size analyses, direct shear tests, UC triaxial testing,triaxial compression tests of disturbed soils,soil-lime tests,and sulfate concentration tests.However, the actual type and number of laboratory tests will be based on the subsurface conditions encountered in the borings. The laboratory testing will be performed in general accordance with applicable ASTM standards. Engineering Report The results of the field and laboratory phases of the study will be reviewed by our staff of engineers and geologists.The results of our review,together with the supporting field and laboratory data,will be presented in a written,engineering report. The Geotechnical Engineering Report will include the following information and recommendations, if applicable: • A boring location map and boring logs; • A summary of the field and laboratory sampling and testing program, • A summary of the laboratory test results; • A review of general site conditions including descriptions of the site,the subsurface stratigraphy,groundwater conditions,and the presence and condition of fill materials, if encountered. • Estimate expansive soil-related movements using Potential Vertical Rise (PVR) developed by the Texas Department of Transportation Test Method TEX-124-E. • Flexible pavement component thickness recommendations. Flexible pavement design will be performed utilizing TxDOT's Pavement Design Software,FPS21. • Concrete Pavement component thickness recommendations. Concrete Pavement design will be performed utilizing PavementDesigner.org in accordance with StreetPave12. • Construction considerations,including: - site drainage; R A B A K I S T N E R 3 Proposal No. PAA23-028-00 February 10,2023 - site preparation; - select fill material specifications; - earthen embankments; - excavation considerations;and - fill placement compaction. • Bridge Crossing recommendations,including: - Wincore logs and drilled shaft capacity charts; - I-Pile lateral resistance parameters;and - Analyses of global stability at abutments. • Retaining wall recommendations,including: - Analyses of external and global stability; - settlement estimations,where applicable;and - RW(MSE)DD sheet for walls. The final report will be issued as a draft report for the design team's comments and review. Comments will be incorporated in the final deliverable that will be reproduced in one(1)electronic copy. Tentative Proiect Schedule Based on our present workload and weather permitting,we anticipate that we could begin the field exploration phase of this study within 7 to 10 working days of receiving your written authorization,provided the site is accessible to our truck-mounted drill rig and the Client has supplied us with available information regarding existing utilities and below grade structures on site (if any). The field exploration and laboratory testing phase of the study is expected to take approximately 15 to 20 working days to complete. Engineering analyses and preparation of the engineering report is expected to take an additional three to four weeks to complete. We will be pleased to provide the design team with verbal design information as the data becomes available,once drilling has been completed. Project Cost We estimate our services can be completed for a lump sum cost of$143,900. This estimate includes 2 days of brush clearing for boring access and 3 days of traffic control for completing the borings at the proposed IH 35 bridge crossing. Should unusual soil conditions be encountered in the field that indicates the desirability of significantly broadening the scope of the study,we will contact you to receive authorization before proceeding with any additional work.Additional services will be billed on a unit basis in accordance with our standard fees as indicated on the attached Schedule of Fees for Professional Services. If available,we request that the Client provide RKCI with a recent plat of the project site,a drawing illustrating existing and proposed construction locations, and preliminary site grading plans prior to the start of our field exploration services. Also,it is our understanding that the Client will provide access to all boring locations for a conventional,truck- mounted drilling rig and that the Client will provide underground utility clearance. RKCI will assist in locating underground utilities, provided the Client submits documentation of existing utility locations. RKCI will take all precautions to prevent damage to property; however, RKCI cannot be responsible for tire rutting, or damage of landscaping. It should be noted that our study scope and project cost does not include professional time and travel expenses for participation in design team meetings. Furthermore,our estimate does not include professional time for plan review to determine whether the drawings comply with the intent of the geotechnical recommendations. R A B A K I S T N E R 4 Proposal No. PAA23-028-00 February 10,2023 Acceptance We appreciate the opportunity of submitting this contract and look forward to working with you in the development of this project,which will be carried out in accordance with this letter and the following attachments: Attachment Description Boring Location Map I Standard Terms and Conditions Please return one signed copy of this letter proposal to provide written authorization for our firm to complete work on the services outlined herein. Our invoices are due and payable upon receipt at P.O.Box 971037,Dallas,Texas 75397- 1037. RKCI considers the data and information contained in this proposal to be proprietary. This statement of qualifications and any information contained herein shall not be disclosed and shall not be duplicated or used in whole or in part of any purpose other than to evaluate this proposal. Very truly yours, RABA KISTNER CONSULTANTS,INC. Accepted By: a� Signature ?Vvic7ee arcia Thomas,P.E. dent Typed or Printed Name Reed . istler,P.E. G echnical Group Manager YGT/RSK:jm Title Attachments:BLM&T&C Copies Submitted:Above(1) Date RABAKISTNEI<2 ! ! � . LU 00 • ,� _ i ".,ice • � .,,. .., OW. f. 7 ,! ,„ Af r. Al •� y ... ,� �"f ^,� �"' tee ,}'".�, � �({1 A. logo i 1 RCKI (pavements) SHEETS/ PROJECT SENIOR PROJECT SR.ENGR. TASK UNITS PRINCIPAL MANAGER ENGINEER ENGINEER EIT TECH. ENGR. TECH. ADMIN Hourly Rate $ 330.00 S205.1X1 $305.00 $175.00 $135.00 $100.00 $g5.00 $70.00 Sub Total Hr/Unit END-Eagles Nest Extension-Pavements Hours Mours GEOTECHNICAL ENGINEERING SERVICES-LABOR 0 GEOTECHNICALINVESTIGATIDN AND RECOMMENDATIONS 0 STAKE BORINGSAND UTILITY LOCATE 1 1 2 8 12 FIELD EXPLORATION(INCLUDING DYNAMIC ONE PENETROMETER) 16 16 LABORATORY ASSIGNMENT 1 3 4 SOIL BORING LOGS 2 6 8 SITE PLAN 1 2 2 5 PAVEMENT DESIGN ANALYSES(PROVIDE FLEXIBLE AND RIGID PAVEMENT OPTION) 1 6 18 25 DRAFT GEOTECHNICAL REPORT PREPARATION 1 2 1 6 1 14 2 25 GEOTECHNICAL REPORT REVIEW&FINALIZATION 1 1 2 4 2 10 0 0 0 TOTALS 0 - .....u.ws HOURS: 2 5 0 19 49 24 2 4 LABOR COST: 440 1,025 - 3,325 6,615 2,400 170 280 22.9% 1.9% 3.8% UNIT EXPENSES: BASF SCOPE PAVEMENT BORINGS FIELD OPERATIONS 6 Borings to 10 R Moblluatlon of Drill Rig 2units $600.00 each $1,200.00 3"Thin-Wall Continuous Sampling 60 ft $28.00 $1,690.00 TCP with Intermittent Sampling 0 ft 545.00 It $0.00 Bentonite Backfli 60 R $13.00 it $780.00 Standby(relocation and setup time) 6 hrs $250.00 Er 51,500.00 Driller Cleanup 0 hrs $250.00 hr $0.00 LABORATORY TESTING Atterberg Limits 12 units $125.tX1 each $1,500.00 Moisture Content 24 units $25.00 each $600.00 Sle-Analysis(passing No.4,40,200) 12 units $120.01 each $1,440.00 Sulfate Testing 6 units $.S'-each $750,00 Unconfined Compression(Soil) 0 units "0.00 each $0.00 Unconfined Compression(Rock) 0units $75.00 each $0.00 Direct Shear 0 units $650.00 each $0.00 Consolidated Undrained(CU)Triaxial Compression Test for Undisturbed Soils- 0 units 11,910.00 each $0.00 time Series(Tex-121-E Part III) 2 units $425:00 each $850.00 Moisture Denisty Relationship(TEX-114-E) 2 units $350.00 each $700.00 Texas Triaaial Compression(TEX-117-E) 2 units $2,200.00 each $a,a00.00 TOTAL UNIT EXPENSES: $15,400.00 OTHER DIRECT EXPENSES: Traffic Control Services 0 days 54,000.00 day $0.00 Brush Clearing 1 days $2,500.Do day $7,500.00 TOTAL OTHER DIRECT EXPENSES: 2,500.00 TOTAL PROJECT COST: 32,155.00 RCKI (retaining walls) SHEETS/ PROIER SENIOR SR.ENGR. TASK UNITS PRINCIPAL MANAGER ENGINEER E NGINEER EIT TEM. ENGR. TECH. ADMIN Hourly Rate: $ 220.00 $195.00 $185.00 $165.00 $135.00 $100.00 $BS.00 $70.00 Sub Total HI/Unit RKCI-Eagles Nest Extension-Retaining Walls Hours Hours GEOTECHNICAL ENGINEERING SERVICES-LABOR 0 GEOTECHNICAL INVESTIGATION AND RECOMMENDATIONS 0 STAKE BORINGS AND UTILITY LOCATE 1 1 1 6 9 FIELD EXPLORATION 12 12 LABORATORY ASSIGNMENT 1 2 3 WINCORE BORING LOGS 2 4 6 STABILITY ANALYSES 4 8 16 28 SITE PLAN 1 2 2 5 ADDITIONAL DRAFT GEOTECHNICAL REPORT PREPARATION 1 4 6 12 1 24 ADDITIONAL GEOTECHNICAL REPORT REVIEW&FINALIZATION 1 1 2 1 4 1 9 0 0 0 TOTALS 0 s....r.w HOURS: 2 10 0 2111 18 2 2 LABOR COST: 440 1,950 - 3,465 5,535 1,800 170 140 2.1% 10A% 0.0% 21.9% 42.7% 18.8% 2.1% 2.111 UNITEXPENSES: OPTIONAL RETAINING WALL BORINGS Borings to 20 it �Fl-.PERATICIM Mobilization of Drill Rig 2units $600.00 each $1,70000 3"Thin-Wall Continuous Sampling 0h 528.00 ft 50.00 TCPwith Intermittent Sampling 40 ft $45.DO f[ $1,800.00 Bentonite Backfill 40 ft $13.DO it 552111 Standby(relocation and setup time) 2 hrs 1210,00 hr SS 00.00 Driller Cleanup 0 hrs $250.00 hr 50.00 LABORATORY TESTING Atterberg Limits 6 units $125.00 each $750.00 Moisture Content 15 units $25.00 each $375.00 Sieve Analysis(passing No.4,40,200) 6 units $120.00 each $720.00 Sulfate Testing 0 unit $125.00 each $0.00 Unconfined Compression ISoip 4 units $60.00 each 5240.00 Unconfined Compression(Rock) 0 ands $7S.00 each $0.00 Direct Shear 2 unit $650.00 each $1,300.00 Consolidated Undralned(CU)Triaxlal Compression Test for Undisturbed Soils- 2 units $1,900.00 each $3,900,00 Lime Series(Tea-121-E Pan Ilp 0 units $425.00 each 50.00 Moisture Denuty,Relationship(TEX-114-E) 0 units 53S000 each $0.00 Texas Tri.ial Compression(TEX-117-E) 0 units I 52,200.00 each $0.00 TOTAL UNIT EXPENSES: $11,205.00 OTHER DIRECT EXPENSES: Traffic Control Services 0 day, $4,DD0.00 day 50.00 Brush Clearing iday, $2,500.00 day 52,50000 TOTAL OTHER DIRER EXPENSES: 2,500.00 TOTAL PROTECT COST: 27,205.00 RCKI (bridges) SHEETS/ PROTECT SENIOR SR.ENGR. TASK UNITS PRINCIPgI MANAGER ENGINEER ENGINEER EIT TE[N. IN. TECH. -IN Hourly Rate. $ 220.00 $205.00 $205.00 $175.00 $135.00 $300.00 585.00 570.00 Sub Total Hr/Unit RRCI-Eagles Nest Extension-Bridget Noun Hours GEOTECHNICAL ENGINEERING SERVICES-LABOR 0 GEOTECHNICAL INVESTIGATION AND RECOMMENDATIONS 0 STAKE BORINGS AND UTILITY LOCATE(includes permitting) 2 2 4 8 16 FIELD EXPLORATION 70 70 LABORATORY ASSIGNMENT 1 3 4 WINCORE BORING LOGS 1 7 8 DRILLED SHAFT CAPACITIES(including W INCORE Opacity charts and Lpile parameters) 7 14 21 ABUTMENT STABILITY ANALYSES 2 4 15 22 SITE PLAN 1 2 2 5 ADDITIONAL DRAFT GEOTECHNICAL REPORT PREPARATION 1 4 6 12 2 25 ADDITIONAL GEOTECHNICAL REPORT REVIEW 6 FINALIZATION 1 2 2 4 2 11 0 0 0 TOTALS 0 .....e„u, HOURS: 2 10 0 24 62 78 2 4 LABOR COST. 440 2,050 - 4,200 8,370 7,800 170 280 1.1% 5.5% D.Ds6 13.2% 31.1% 42.9% 1.1% 2.2% UNIT EXPENSES: BRIDGF BORINGS 7 Borings to 70 IT FIELD OPERATIONS Mobilization of Drill Rig 3 units 5600.DO earn S3,800.00 3'Thin-Wall Continuous Sampling 0k $28.00k $0.00 TCP with Intermittent Sampling 490 k $45.00 k $22,050.00 Bentonhe Bac�ll 490 If $13.00 k $6,370.00 Standby(relocation and setup time) 7 hrs $250.00 nr $1,750.00 Driller Cleanup 3 hrs $250.00 hr $750.00 LABORATORT TESTING Atterberg Limits 14 units $125.00 each $1,750.00 Moisture Content 20 units $25.00 each $500.00 Sieve Analysis(passing No.4,40,200) 14 units $120.00 each $1,680.00 Sulfate Tel 0 units $125.00 each $0.00 Unconfined Compression(Soil) 14 unrts $60.0oeach $840,00 Unconfined Compression(Rock) 21 units $75.DO each $1,575.00 Direct Shear 0units $650.00 each $0.00 Consolidated Undnined(CU)Trlaxial Compression Test for Undisturbed Soils- 4 units $1,900.00 each $7,600.00 Lime Series(Tex-121-E Pan III) 0 unit: $425.00 each $O.Do Moisture Denisty Relationship(TEX-114-E) 0 units $350.00 exh $O.DO Texas Triaxial Compression(TEX-117-E) 0 units S2,200.00 exh $0.00 TOTAL UNIT EXPENSES:1 $46,665.00 OTHER DIRECT EXPENSES: Traffic Contro l Services 3days 54,000.W day 5i 2,0IX).00 Brush Clearing 1 days $2,500.W day $2,500.00 TOTAL OTHER DIRECT EXPENSES:114,500.00 TOTAL PROJECT COST:1 $84,475.00 EXMIT C Work Schedule Attached Behind This Page CITY OF ROUND ROCK EXHIBIT C- EAGLES NEST STREET EXTENSION WORK SCHEDULE UpdW.d'3MM23 2023 2024 2025 PROJECT TASKS JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DFC COUNCIL AWARD/NTP PROPERTY OWNER ROES FIELD WORK SURVEY,GEOTECHNICAL,&UTEJTIES TRAFFIC COUNTS AND ANALYSIS INITIAL ALIGNMENT REVIEW OF ALIGNMENT 3D%SCHEMATIC DEVELOPMENT SCHEMATIC REVIEW 90%SCHEMATIC DEVELOPMENT SCHEMATIC REVIEW 90%SCHEMATIC DEVELOPMENT SCHEMATIC REVIEW FINAL SCHEMATIC T%DOT SCHEMATIC APPROVAL MEETINGS WITH AFFECTED PROPERTY OW HER NEPA DOCUMENTATION AND AGENCY REVIEW NEPA DECISION EXHIBIT D Fee Schedule Attached Behind This Page City of BouM Pock EXHIBIT D Detelled Fee Schedule (Lump Sum Contract) Iv.l.., ronm.n n vary aN.n Ne I.rf rust Sc.,.en .... 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Ix m sz u N.I N.N N.SOO.N .WOTU3 01,-- .m 0«.Severn S10.b0.N i,O..Po.Oo StA a f]A,O.N 17.1I0.00 .b.lA .b.tb op<A ewpaM SetlE12 N.IN.N 4.ePo.00 TAy[.WTOTLL rN.rr0.N J4930.N r11.e50.N JIII,No.N TOTLL 41W IIv. N IN ■N TOTLL SY+.YW t N,IN-0t t ,tJIPoAO iIIMSAN 1 NAI..N t t;NO.N f N N I N,3.oN 1 N f 9,f0o.N t N,INAO I tAPo.N t,kf0oN t.aANAO I ttf0oA0 I N t t0y0Ao 1 X]NAO 1 t3a06N t AaN.N i tANol INIAtt3o tNtA].Ae tItASO.N tMANAt t3Po.N —M V30DO 1fe000 M DOf,Po.N sTJN u..N 31 N.N 31Po.N SI]O.N 331].N SNAO IaS.N f1AN S?NON m ffOSOON Ye»erwfwm nr.x�.W .W. f fll]0 Hale 5+1 T/2p23 EXHIBIT E Certificates of Insurance Attached Behind This Page EXHIBIT E CITY OF ROUND ROCK EAGLES NEST STREET SCHEMATIC AND ENVIRONMENTAL FROM CHISHOLM TRAIL TO CYPRESS BLVD INSURANCE Clientlt:246337 HALFF ACORD. CERTIFICATE OF LIABILITY INSURANCEEIM.OPY 2 18R023 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 NSURER(SI.AUTHORIZED REPRESENTATWE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:I the certificate holder is an ADDITIONAL INSURED.the policy(ws)must have ADDITIONAL INSURED previsions or be endorsed I SUBROGATION IS WAIVED,subject to the terms and conditions of the policy certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(sl- Paoo M JWACT Rebecca Egan Greyling Ins.Brokefage�EPIC No E 770-670-"55 Ac nA 3780 Mansell Road,Suite 370 � rebecea.egan@greyling eom Alpharetta.GA 30022 \SURERi S AFTp1°RiG C°VERIGF MYCr NSUREA A National Union Fire Im.Co. 15445 iNs�REo NsURER e.The Continental Insufalce Corpaty 35289 Halff Associates.Inc. Elsr Bss�. 238N 1201 N.Bowser MSuAEAc N . He psi Richardson,TX 75081 RSuRFt10.Alkd Wald Surl"Lees In 24319 '.RSUREA E NSu."F COVERAGES CERTIFICATE NUMBER: 22.23 REVISION NUMBER: - I_ '_T LRT�EV TI,T?I-E P OCIE`' • -ED BELOW PAVE BEEN 68UED TOTHE 94SURED NMKDABOVE FOR THE POLICY PERIOD -- NonvrrIrSTANDING ANY RE­ E-tEN' 'FRM DR CONDITION OF ANY CONTRACTOR OTHER DOC:AAENT WITH RESPECT TO WHICH D41S [P-T' I-C NAY BE ISSUED OR MAY PERTAIN THE NSURANCE AFFORDED BY rK PYi_ICIES DESCRIBED HEREIN 15 SUBIECT TO ALL THE TERMS 9B�;55-y SICNS AND CONDITIONS Or SUC•1 POLOES. LBATS SHOWN MAY HAVE BEEN ppR�ED�I�:,E-�CE 01 PEh3 CLAM ADDL LTR' TYPE OFamalAacE area ReucY MIIaER Ia1�TX)'YYYm rI1RLX'Yw saarra A x catlrERcuL Batalu.eam GL585$M 810112022 081011202 EACH accwsNrf 1 W _anrsa+wnE❑X xcuR WAM s500000 1AM_IA'r Pr.Q s25000 PEaLsa.A:a ACv INAAty s 2 000 000 £v_AGCAEWTE LMT APP.tiS PER GENERAL AGClEGATE 4,000,000 Pxxv® ❑Lx _.,s.CALI•1- 11000.000 rta A A°T�= Y CA5717893 8/01)2022 081011202 2�­s s2A00.D00 X ANY 4UT° BCxLYeL 1fNr­ s iY xuTee BCgLr ItWtY llwa o F wN1E NCw.t1EMIro RTN Samar1 _uTOS oNLY .hra[caen: i B X uweRFL..w�Aa X -<[UP. 7034027549 8;01:2022 08101;202 E.c�ocCLRAEw..E f3000.000 ExCESS LIAR =..NMSNADE ACLf�CNTE OOO CE_ X PEIt'' 10000 s C w°w¢as cowFNSATICN WC014195843 WOV2022 09101/202 X AEO naLOYEae•Lwxm Y•N �A�Po::-ff'i_P PanIAEP.=rE.�' f E_FX_r k:DENT 11000.000 NSA 11NRY►'Y'/M NIR E.C EI EA EW1. J. 1000 000 JES.4FT1C/.u��PFaAnwscw E_cEEASE Pxi_r EAI- s1000.DOO D Professional 03113813 0810112022 08MI12023 Per Claim$1,000,000 Liability Incl. Aggregate$1,000,000 Pollution oEsca►noN a arERATpNs.LxAnoas,vFIRCLaslAcarto cos.Aaluar a�.n.xlrawl.mvr a terra v,.w.w,,.r,I.n.;�.ul Re:AVO 36719.Wyoming Springs project AVID 39719.001,Wyoming Springs The above referenced liability policies with the exception of workers compensation and professional liability are primary& noncontributory where required by written contract.Should any of the above described policies be cane-Bed by the issuing insurer before the expiration date thereof,30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder.City of Round Rock is named as an Additional Insured with respects to General Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City Manager.City of Round Rock SISOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE LXPIRATIOR DATE THEREOF. NOTICE WILL BE DELIVERED IN 221 E.Main St. ACCORDANCE WITH THE POLICY PROVISIONS Round Rock.TX 78664-0000 Atmma®REHee. T'VE ©IH C 191i4-2015 ACORD CORPORATION.All rights reserved. ACORD 25(20%03) 1 of I The ACORD name and logo are registered marks of ACORD 0S5269424/M4870705 REGOi Exhibit E Eagles Nest—Schematic Phase Page 1 of 1