R-09-03-26-10B1 - 3/26/2009RESOLUTION NO. R -09-03-26-10B1
WHEREAS, the City of Round Rock desires to retain professional
consulting services for design studies for the Brushy Creek Regional
Trail Gap Project, and
WHEREAS, BWM Group has submitted an Agreement for Consulting
Services to provide said services, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Consulting Services for Design
Studies for the Brushy Creek Regional Trail Gap Project with BWM
Group, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of March, 2009.
Yh
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R90326B1.DOC/rmc
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
FOR DESIGN STUDIES FOR BRUSHY CREEK REGIONAL TRAIL GAP PROJECT
WITH BWM GROUP
This Agreement is made and entered into on this the day of , 2009,
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 (hereinafter referred to as
the "City"), and BWM Group, whose offices are located at 102 East Main Street, Suite 200,
Round Rock, Texas, 78664 (hereinafter referred to as "Consultant" or "BWM").
RECITALS:
WHEREAS, City desires to contract for Consultant's professional consulting services
necessary for the development of the Brushy Creek Regional Trail Gap Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved, but in no event later than eighteen (18) months from the effective
date of this Agreement.
City reserves the right to review the services at any time, including at the end of any
deliverable or task, and may elect to terminate the services and this Agreement with or without
cause or may elect to continue. If this Agreement is terminated, City agrees to pay Consultant
for all work City deems completed at time of termination.
1.02 GENERAL CONDITIONS
The General Conditions contained herein shall apply to the Proposal for Services,
attached hereto as Exhibits A through C, and made a part hereof for all appropriate purposes.
This Agreement, including such Proposal for Services attachment, is entered into by and between
the City of Round Rock or its subsidiaries or affiliates (collectively "City") and BWM Group or
any entity directly or indirectly owned or controlled by same (collectively "BWM").
00156285/jkg
a
EXHIBIT
1.03 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Services for the
assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and
is deemed to incorporate the General Conditions contained herein. Except with respect to the
description of specific services and fees for the assignment(s) delineated therein, the General
Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms
therein. Taken together with the appended Proposal for Services, the General Conditions
contained in this Agreement shall evidence the entire understanding and agreement between the
parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described under this "Scope of
Services" category and Exhibit B if directed to do so by City's issuance of a written Notice to
Proceed specifically for such services. Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been
specifically engaged. Consultant shall perform services in accordance with the General
Conditions and this Agreement, in accordance with the appended Proposal for Services, and in
accordance with due care and prevailing consulting industry standards for comparable services.
1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant a not -to -exceed sum of Three Hundred Sixty -Four
Thousand Five Hundred Ten and No/100 Dollars ($364,510.00) as delineated in the "Basic
Services Summary" portion of Exhibit C. The parties expressly acknowledge that certain
services are to be provided by Consultant only if directed to do so by City's issuance of a written
Notice to Proceed specifically for such services.
The parties agree that fees for individual phases or phase tasks may vary, but that the
overall fee of $364,510.00 shall be a not -to -exceed amount.
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by City Council or City Manager action, Consultant's total compensation
hereunder shall not exceed $364,510.00, including any Reimbursable Expenses. This amount
represents the absolute limit of City's liability to Consultant hereunder unless same shall be
changed by additional Supplemental Agreement hereto.
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims, whether paid by City or denied.
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Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement, that being eighteen (18) months from the effective date hereof. Consultant shall not
perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Consultant shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall
not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
1.06 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the following timetable structure and deliverable due dates shall apply: eighteen (18) months
from date of execution hereof, and in reasonable conformity to the estimated schedule delineated
on Exhibit C.
1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall
conform to the schedule of services and costs in connection therewith. All Reimbursable
Expenses shall be clearly shown. Should additional backup material be requested by City,
Consultant shall comply promptly with such request. In this regard, should City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of
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whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
a. Reimbursable Expenses. Payment for customary reimbursable expenses
hereunder shall not exceed the maximum sum of $5,850.00 for "Material
Expenses" and "Miscellaneous Expenses" as delineated in the "Basic Services
Summary" portion of Exhibit C. City shall pay Consultant for reimbursable
expenses on a monthly basis, as invoiced and documented, at actual cost.
1.08 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(1) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(3)
The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
1.10 TERMINATION OR DEFAULT
Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
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fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice City for all work satisfactorily computed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits. City acknowledges
Consultant's documents as instruments of professional service. Nevertheless, the plans and
specifications prepared under this Agreement (including by way of illustration and not limitation
all plans, field surveys, maps, cross sections and other data, designs and work related to the
Project) shall become the property of City upon completion of the work and payment in full of
all monies due to Consultant. Should City subsequently contract with a new consultant for
continuation of services on the Project, Consultant shall cooperate in providing information.
City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless
from any claim, liability or cost (including reasonable attorneys' fees) arising out of any
authorized reuse or modification of the construction documents by City or any person or entity
that acquires or obtains the plans and specifications from or through City without the written
authorization of Consultant.
Default. Nothing contained in the preceding paragraph shall require City to pay for any
work which is unsatisfactory as determined by City or which is not submitted in compliance with
the terms of this Agreement. City shall not be required to make any payments to Consultant
when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver
of any right, at law and at equity, which City may have if Consultant is in default, including the
right to bring legal action for damages or to force specific performance of this Agreement.
1.11 CITY'S RESPONSIBILITIES
Full information. City shall provide full information regarding Project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required, if any, to enable Consultant to provide the services called
for. City shall cause its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directions provided by City and its
employees and agents concerning provision of services.
Specific services. City shall provide services and/or furnish information as delineated on
Exhibit A.
Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's
expense) certified surveys of relevant sites, giving, as required, grades and lines of streets, alleys,
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pavements and adjoining property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or
adjacent to the sitcs, other improvements and trees; and full information as to available service
and utility lines, both public and private, and test borings, pits, reports and soil bearing values
and other necessary operations for determining subsoil conditions.
Tests and inspections. City shall furnish or pay for structural, mechanical, chemical,
soil mechanics, and other tests, reports and inspections as required by law or as required by
Project documents.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
1. Consultant has the right to perform services for others during the term of this
Agreement;
2. Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
3. Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement;
4. Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise, or pay any assistants to help Consultant;
5. Neither Consultant nor its employees or subcontractors shall receive any training
from City in the skills necessary to perform the services required by this
Agreement;
6. City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
7. Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS
Each party shall take reasonable measures to preserve the confidentiality of any
proprietary or confidential information provided to it in connection with this engagement,
provided that no claim may be made for any failure to protect information that occurs more than
two (2) years after the termination or expiration of this Agreement.
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At the conclusion of the engagement, upon written request, each party shall return to the
other all materials, data and documents provided to the other party, except that Consultant may
retain one (1) copy of City's materials for its archival purposes, subject to Consultant's
confidentiality obligations hereunder. City shall retain ownership of all data and materials
provided by it to Consultant. Original drawings shall remain the property of Consultant.
The parties expressly acknowledge that City is a Texas home -rule municipality and, as
such, is subject to the Texas Public Information Act, and its duties run in accordance therewith.
1.14 LIMITATION OF LIABILITY
Services provided and performed by Consultant under this Agreement shall be performed
in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. However, should any of
Consultant's services not conform to these requirements and the Proposal for Services, then and
in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its
discretion, either (a) promptly re -perform such services to City's satisfaction at no additional
charge, or (b) promptly refund the portion of the fees paid with respect to such services.
In the event that re -performance of services or refund of applicable fees would not
provide an adequate remedy to City for damages arising from the performance, nonperformance
or breach of this Agreement and the appended Proposal for Services, then and in that event
Consultant's maximum total liability, including that of any employee, affiliate, agent or
contractor, relating to its services, regardless of the cause of action, shall be limited to direct
damages in an amount not to exceed the total fees payable under this Agreement.
The foregoing limitation of liability shall not apply to the extent that any liability arises
from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or
contractors, or from bodily injury, death of any person, or damage to any real or tangible
personal property. Neither party shall be liable for any indirect, special or consequential
damages.
1.15 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or
in connection with the negligence of Consultant or its employees or agents in the course of
performing services. The limitation of liability set forth in Section 1.14 herein applies to
Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not
apply to the extent that any liability arises from the gross negligence or willful misconduct of
Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any
person, of damage to any real or tangible personal property.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
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liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof.
1.16 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Certificates of insurance are included herewith.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, 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.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
on -renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Consultant.
(3) Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members, employees and
agents in their official capacities, or while acting on behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self -Insured Retentions of
whatever nature.
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(5) Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City.
1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
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.
1.18 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, 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.
1.19 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
1.20 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
1. Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf; or
2. Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
3. Withhold state or federal income tax from Consultant's payments.
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1.21 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
BWM Group
102 East Main Street, Suite 200
Round Rock, TX 78664
Notice to City:
City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; 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 shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
1.23 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
1.24 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
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mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a
mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than
attorney fees, associated with the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
1.25 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
1.26 MISCELLANEOUS PROVISIONS
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project
schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
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CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date Signed:
ATTEST:
Sara L. White, City Secretary
Date Signed:
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
BWM GROUP
By:
Printed Name:
Title:
Date Signed:
EXHIBITS
Exhibit A:
Exhibit B:
Appendix A:
Appendix B:
Appendix C:
Exhibit C:
Services to be Performed by City
Services to be Performed by Design Consultant
Section 3 - Categorical Exclusion
Section 5 - Section 4(0/Section 6(1)
Section 4 - Environmental Assessments/Findings of No Significant Impact
Work Schedule, including "Basic Services Summary"
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BWMGROUP
PLANNING i LANDSACPE ARCHITECTURE
Agreement #8o47
EXHIBIT A: Services to be Performed by City
Ai.o Trail Route Design Studies and Design Criteria
• Provide design speed and specific design criteria for project based on AASHTO Guide
for the Development of Bicycle Facilities.
• Preliminary right-of-way (ROW) requirements.
• As -built plans for existing facilities adjacent to this project, if available.
• Existing geotechnical reports and data for existing facilities adjacent to this project, if
available.
• Utility information (plans, maps, etc.) both current and archived within the City of
Round Rock, if available.
• Subdivision plats, site plans and deeds for all facilities and properties along the trail
corridor if available.
A2.o Environmental Studies and Public Involvement
• Provide guidance on selecting appropriate stakeholders for public meeting(s).
• Sponsor and conduct public meeting(s) and hearing(s), including supporting
information, legal notices and public hearing officer, including three (3) identified
Section 4(f) properties. Meetings may include but not be limited to: (1) City Council
meeting, (i) Williamson County Commissioner's Court meeting, (2) Public input
meetings and (1) TxDOT public hearing.
A3.o Right -Of -Way (ROW)
• Assist consultant(s) in obtaining right -of -entries (ROEs).
• Assist in the utility coordination process including attending coordination meetings.
• Assist in the utility relocation process if required.
• Assist in the ROW acquisition process.
• Assist with Union Pacific Railroad negotiations, agreements and/or easements.
A4.o Field Surveying and Photogrammetry
Provide all available survey information to date.
A5.o Drainage
• Provide available information and studies on existing drainage areas.
• Provide hydraulic design criteria for project design.
• Assist with coordination of hydraulic design and submissions to FEMA Administrator
and USACE if required.
• Provide standard details and specifications as necessary to assist design consultant.
A6.o Miscellaneous
• Provide direction necessary for aesthetic treatment of existing and proposed
structures, amenities and landscaping.
• Provide copies of all licensing agreements, utility agreements and other legal
instruments related to the project.
• Prepare and coordinate any required Licensing and/or Utility Agreements.
102 East Main Street Suite 200 Round Rock, Texas78664.- 512.238.8912 p www.bwmgrp.com Pg. 1 of 2
BWMGROUP
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement #8o47
• Pay all permit, review and application fees. TDLR review and inspection fee to be paid
by Consultant.
• Administer TxDOT issued Federal Project Authorization Agreement (FPAA).
• Provide any other pertinent information to assist design consultant.
102 East Main Street Suite zoo Round Rock, Texas 78664PI512.238.8912 p www.bwmgrp.com Pg. 2 of 2
BWMGROUP
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement #8047
EXHIBIT B: Services to be Performed by Design Consultant
General Project Understanding
The purpose of the services proposed herein is to provide professional consulting services necessary
for the development of the Brushy Creek Regional Trail Gap Project. This project has received
federal funding assistance through a Capital Area Metropolitan Planning Organization (CAMPO)
Surface Transportation Program - Metropolitan Mobility (STP -MM) Bike/Pedestrian grant program
and Williamson County, and will be administered by the Texas Department of Transportation -
Austin District Design Office. The Consultants intend to work in effective cooperation with the
City, TxDOT and other regulatory entities to achieve an efficient and acceptable implementation of
the project. Brian Binkowski, ASLA, Associate Principal of BWM Group will be the project manager
and daily contact for this project for the duration of this contract.
Program
Consultant shall provide services, as later described for the following general program elements.
• Trail segment connecting Phase 1- Brushy Creek East Trail to A.W. Grimes Blvd. including one
pedestrian bridge.
• Trail segment connecting A.W. Grimes to Lake Creek Park.
• Improvements to Rabb Park and Lake Creek Park as activity hub/trailheads. Improvements
include but are not limited to restroom/pavilion building, parking, signage, way finding,
security lighting, and emergency call boxes.
Development Budget Goal
A proposed development budget goal for all trail and trailhead program items indicated is generally
established at $2.3 million dollars, but Consultant does not guarantee that proposals, bids, or actual
Project costs will not vary from its opinion of probable construction costs (OPCC).
Given the above stated general project information Consultant will provide the following scope of
basic services per task listed once the City has issued a written Notice to Proceed regarding each
service.
Bi.o Trail and Trailhead Design Services
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
1.1 Data Collections Preliminary Route Study 1 Site Assessment
Consultant's team shall define site information required to adequately accomplish the
scope of services defined in this agreement. Consultant shall consolidate existing
information into an overall base map to be used throughout the design process. Base
map information may include, but is not limited to:
• Current City and/or State ARC/GIS/AutoCAD data sets available for the entire
project area.
• Infrared/Aerial photography of entire project.
• Current FEMA Flood Plain data of entire project area.
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• Review proposed CLOMR application submitted for Arterial A by Engineer of
Record.
• Construction and as -built plans (if available) in AutoCAD format for the first phase
of existing project construction.
• Existing topographic surveys.
• Tax map or other resource information to identify affected property owners.
The Consultant will coordinate a kick-off meeting with their sub -consultants and the
City to identify project goals, schedules and projected milestones, design through
construction. Coordination will include verifying and assessing the preliminary trail
route. This information will be utilized for various permitting and public input
meetings. The assessment and route study may include, but are not limited to:
• Walking the entire trail route with the Consultants team and City and
marking/flagging the proposed centerline trail route.
• Digital photographic inventory of existing project site, so to provide as a resource
of possible existing conditions, as well as serve as a visual reference.
• Identify and address new opportunities and constraints.
• Preliminary meetings with CAMPO, TxDOT District Design, City's Flood Plain
Administrator, Williamson County, Texas Historic Commission, U.S. Army Corp of
Engineers (USACE), TCEQ, Union Pacific Railroad and any other stakeholder or
regulatory entity identified by the City.
• Prepare preliminary trail routing plan and trailhead site plans of Rabb Park and
Lake Creek Park for City's review/approval. Rabb Park trailhead plan will
accommodate future proposed Rabb House and playground improvements as they
relate to the trail route.
Prepare Preliminary Opinion of Probable Construction Costs (OPCC), including
appropriate escalation factors and contingencies.
Review plans and OPCC with City Staff.
1.2 Preliminary Design 1 Public Involvement
Upon City's approval of preliminary routing plan:
Initiate Categorical Exclusion Environmental Assessment according to TxDOT
guidelines and requirements, and initial cultural resources survey.
• Provide preliminary information for right-of-way acquisition.
• Initiate topographic/tree/existing conditions survey. Survey includes three (3)
identified Section 4(0 properties.
• Revise approved preliminary trail routing plan and trailhead site plans to address
any additional environmental, right-of-way or surveyed issues/concerns.
• Prepare updated OPCC, including appropriate escalation factors and
contingencies.
• Review updated plans and OPCC with City Staff.
• Provide technical information, graphics and support documentation for public
meetings, including three (3) identified Section 4(0 properties. Meetings may
include but not be limited to: one (i) City Council meeting, one (i) Williamson
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County Commissioner's Court meeting, two (2) Public input meetings and one (i)
public hearing for Section 4(0 properties conducted by TxDOT/City.
• Provide court reporting services for one (i) public hearing.
• Revise final preliminary trail routing plan and trailhead site plan(s) to address any
additional environmental, right-of-way, surveyed issues, public input and
stakeholders comments.
• Prepare updated OPCC, including appropriate escalation factors and
contingencies.
• Review updated plans and OPCC with City Staff.
• Initiate geotechnical testing. Assist with identifying boring locations.
1.3 Construction Documentation
Upon City's approval of the schematic drawing(s) and the OPCC, the Consultant will
develop working/construction drawings and technical sections of specifications
necessary to construct the work. Construction drawings may include, but not be
limited to the following information: general construction and project specific notes,
utilities, grading, drainage, dimension control/layout, erosion/sedimentation/tree
protection, landscaping, irrigation, site construction details, architectural building,
mechanical, electrical, plumbing and structural design. Consultant shall compliment
drawings with Contract Documents and Technical Specifications including quantity
take -offs, which describe materials, systems and equipment, workmanship, quality and
performance criteria required for the construction of the work. Consultant's civil
engineer shall prepare a Storm Water Pollution Prevention Plan (SWPPP). Consultant
shall coordinate utility needs with the City and utility service provider(s).
• Coordinate construction drawings and specifications with other consultants.
• Prepare sixty percent (6o%) construction drawings and OPCC including appropriate
escalation factors and contingencies. Deliverables to City will be three (3) sets
u"x17" plans.
• Review 6o% construction drawings and OPCC with City.
• Prepare ninety percent (90%) construction drawings, specifications/project manual
and OPCC including appropriate escalation factors and contingencies.
Deliverables to City will be three (3) sets n"x17" plans and bound spec. manuals.
• Review 9o% construction drawings, specifications/project manual and OPCC with
City.
• Prepare one hundred percent (ioo%) construction drawings, specifications, reports,
permit applications and other documents required for permitting and
construction; update OPCC including appropriate escalation factors and
contingencies. Deliverables to City included with task 1.5 - Regulatory Entitlement
1 Permitting.
1.4 Flood Plain Analysis
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Consultant's civil engineer will perform Flood Plain Analysis as follows:
• Prepare Flood Plain analysis to study the impacts, if any, on the flood plain. This
analysis will be based upon an existing APPROVED model, as previously prepared
for Arterial "A". We have made contact with the Engineer of Record to preview
this model. It is anticipated that the scope of the existing model will not cover the
entire trail project limits. Additional cross sections will more than likely be
required. The analysis will include the following storm events ioyr, 5oyr, iooyr,
and 5ooyr.
• Prepare a Cut/Fill analysis WITHIN the flood plain limits.
• Prepare Engineering report and submit to the City. The approval of the analysis will
be made at the local level with the City's Flood Plain Administrator.
Note 77e alxne sage f zeork assu»rs a CL OMR ardor L OMR will rut Fe r am-rl
1.5 Regulatory Entitlement 1 Permitting
Upon City's approval of the construction drawings, specifications/project manual and
the OPCC, the Consultant will assist Client in filing the appropriate plans and
documents with jurisdictional and regulatory agencies.
• Initial submittal includes: City of Round Rock three (3) sets a"xr7" plans and bound
spec. manuals; TxDOT Austin District Design Office one (i) set n"xr7" plans and
bound spec. manual; TxDOT Austin Division Office one (i) set u"x17" plans and
bound spec. manual; Texas Department of Licensing and Regulation (TAS/ADA
review) care of a independent Registered Accessibility Specialist (RAS) one (i) full
size set 22"x34" plans; and Union Pacific Railroad three (3) sets u"xr7" plans and
bound spec. manuals.
• Review all modifications requested by jurisdictional and regulatory agencies with
the City.
• Revise drawings and submit final documents to the appropriate agency(s) for final
processing, approvals and permits. Final submittal includes: City of Round Rock
three (3) sets n"x17" plans and bound spec. manuals; TxDOT Austin District Design
Office one (i) set n"xis" plans and bound spec. manuals and OPCCs; TxDOT
Austin Division Office seven (-) sets n"xr7" plans and bound spec. manuals and
OPCCs; and Union Pacific Railroad three (3) sets n"x17" plans and bound spec.
manuals. All submittals will include a written comment response letter.
• Once approved by TxDOT Division Review Office, the City shall receive a Letter of
Authority (LOA) allowing the project to be publicly bid.
i.6 Bidding
Consultant shall assist City during the bidding process.
• Coordinate the schedule for bid advertising,), pre-bid conference, addenda (if
applicable), and bid opening.
• Prepare and organize bid solicitation and proposal forms consistent with the City's
requirements.
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• Arrange for printing and distribution of the bid documents.
• Conduct the pre-bid conference and document the proceedings.
• Answer bid RFI's.
• Prepare and issue addenda.
• Attend the bid opening
• Review/evaluate bids including alternates and formulate bid tabulation.
• Provide written recommendation to City and TxDOT.
• Once approved by City Staff and TxDOT for award, attend City Council meeting for
award of construction contract.
• Assist with issuance of the Notice of Award and construction contract
documents/agreement.
1.7 Construction Management 1 Observation
Construction period assumed to be eleven (n) months. Consultant shall conduct bi-
monthly progress meetings to check on the status and quality of construction and to
determine in general if the construction is progressing in accordance with the design
intent and construction documents. The Consultant may periodically make additional
site visits other than progress meetings. On the basis of its observations while at the
site, the Consultant will keep the City informed of the progress of construction and
may recommend to the Client the rejection of work failing conformance to the
contract documents.
Consultant shall endeavor to secure compliance by the contractor to the plans and
specifications. Consultant shall not be responsible for construction means, methods,
techniques, sequences or procedures in connection with the work and Consultant
shall not be responsible for the contractor's errors or omissions or failure to carry
out the work in accordance with the contact documents. City will provide and pay
for construction inspection and materials testing services. Consultants civil engineer
This observation process shall include:
• Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds
and insurance from the contractor.
• Conduct and oversee a pre -construction meeting.
• Constructions observation - preparation and processing of Requests for
Information, Change Proposals, Change Orders, Change Directives,
review/approval of shop drawing, submittals, samples and mock-ups (as required).
• Conduct and oversee bi-monthly progress meetings. Total of twenty-two (22)
progress meetings.
• Conduct and oversee a total of three (3) called meetings.
• Review and approve contractor's monthly Application and Certification for
Payment.
• Coordinate final inspection(s) and walk-thru for substantial completion; issue
punch list and letter of substantial completion for incomplete items including time
for completion.
• Coordinate and attend final inspection by TxDOT and TDLR.
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shall assist City/(
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• Conduct final inspection for acceptance of project and issue letter of concurrence.
• Acquire final close-out documents, warranties, accurate as -built drawings and other
documents from contractor required to close-out project.
• Review and approve contractor's final Application(s) for Payment including
retainage.
• Incorporate contractors as -built drawings into Consultants plans and produce final
Record Drawing plan set for City. As -built plans shall consist of one (i) set of mylar
plans with hand-written changes indicated.
Field changes, change directives, change orders or any other changes during
construction of the Project initiated by the City, without prior written consent of the
Consultant, shall indemnify and hold harmless Consultant and its sub -consultants from
all claims, any damage, liability or cost, including reasonable attorneys' fees and costs of
defense, arising from such changes.
Opinion of Probable Construction Costs (OPCC) Disclaimer
Opinion of probable construction costs provided by the Consultant are based on the
Consultant's familiarity with the construction industry and are provided only to assist the
City's budget planning; such opinions shall not be construed to provide a guarantee or
warranty of the actual construction costs at the time construction bids are solicited or
construction contracts negotiated. Unless expressly agreed in writing and signed by the
parties, no fixed limit of construction costs is established as a condition of this Agreement by
the furnishing of opinions of probable construction costs. Throughout the design process the
Consultant will assist the Client in value engineering the project and making necessary
adjustments in an effort to meet the project construction budget.
Services Not Included:
Client shall provide the following information or services as required for performance of the
work. Consultant assumes no responsibility for the accuracy of such information for services
and shall not be liable for error or omissions therein. Should Consultant be required to provide
services in obtaining or coordinating compilation of this information, such services shall be
performed as Additional Services. Additional Services shall only be provided if previously
authorized by the Client.
Additional Services may include, but not be limited to, the following:
• Preparation of Phased bid package(s) with reduced scope of items defined herein.
Including construction drawings and specifications.
• Traffic Impact Analysis.
• Traffic Control Plans.
• Construction Staking.
• Construction Materials Testing.
• Bridge Design (other than pre-engineered structures).
• Hazardous Site Assessments.
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• Land Acquisition services.
• Easement acquisition or vacation including preparation of easement documents unless
defined within scope of services.
• Legal Lot Determinations unless defined within scope of services.
• Preparation of multi -use agreement(s) and exhibits.
• Assistance or representation in litigation concerning the property of proposed project.
• Conflict Resolution.
• Preparation and processing of Waivers, Variances or Exceptions.
• Services required after final acceptance of construction work.
• Environmental study (i.e., Phase 1 Permit).
• Permitting through Army Corp of Engineers (USACE) unless defined in scope of services.
• Revisions to drawings previously approved by the City and regulatory entities due to
changes in: Project scope, budget, schedule, unforeseen subsurface construction
conditions or when such revisions are inconsistent with written approvals or
instructions previously given; enactment or revision codes, laws, or regulations
subsequent to the preparation of such documents.
Preparation of presentation materials for marketing or purposes other than in -progress
approvals.
Public or other presentations beyond those described in scope of services.
Provide consultation, drawings, reports and other work products related to permits,
approvals and ordinances not described in scope of services.
• Providing professional services for the field selection of plant materials.
Gas, Telephone/Communication design.
Design of utility extension(s) to the project site unless defined in scope of services.
Providing services other than those outlined in scope of services.
B2.o Surveying Services
The consultant shall not perform tlx sertices under this section mess the City issues a written Notice to P txzel (NTP)
spa ifcallyfor these sertices.
2.1ResearchlReconnaissance (Traverse Control Design
Inland will attempt to research existing records available through the City of Round
Rock, Williamson County, Texas General Land Office or other sources for the length of
the project. The Williamson County Appraisal District data base will be researched to
develop a list of affected property owners. Inland understands that the CORR will
secure Right -of -entry for the listed properties.
Inland will generate a property schematic along the route of survey. This schematic is
not considered boundary level work and is for presentation purposes only.
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Inland will establish a benchmark network to provide the vertical control datum to be
used throughout the project area. For the purposes of this project and to keep data
integrity and quality control measures with the varied design teams involved, it is
assumed that horizontal and vertical control will be developed from the use of GPS
reference points reconciled to the CORR GPS Monument Network.
Inland will prepare easement plats with accompanying metes and bounds descriptions
for 4 parcels from the Dumas, Harris, Bison, and Elrod tracts along the project route.
Additionally, as a contingency task, Inland will perform boundary surveys of the Lake
Creek Park and Rabb House Park properties. These surveys will consist of a plat of the
reconstructed boundaries with a metes and bounds description for each. This task is
contingent upon the necessity thereof based on Sect. io6 of the NHPA and
classification as Section 4(0 properties.
2.2 Perform Field Data Collection 1 CAD Drawing
Inland will perform field work necessary to gather the requested data along the route
of survey. All data will be gathered electronically by the use of GPS, conventional, and
digital levels and input directly to Inland's processing software. Data to be collected
will include: Existing edge of pavement and curbs, drainage features, driveways, fence
lines, VISIBLE utilities only and designations of respective owners provided in a timely
fashion, land features and grade breaks, and trees being 8" dbh or greater in diameter.
Office technicians will conduct QC reviews to insure data integrity and generate a
contour map of the area at ifoot intervals (vertically).
Inland will generate an Autocad drawing of the gathered information to a specified
scale. The product will be delivered in electronic file format. Inland will utilize the
CORR electronic GIS database information of the existing utilities in the project area
and associate the mapping files as a final product.
B3.o Geotechnical Investigation Services
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
3.iField Investigation
Based on available geologic information and nearby boring data, the project alignment
is likely underlain by alluvial deposits, further underlain by Austin limestone to the
east, and possibly Eagle Ford clay and shale at the west end of the alignment. As
requested, we propose the following drilling scope: Bridge Abutments=two(2), 25 ft.
deep borings, Trail = 15(fifteen), 5 ft. borings, Pavilion = two(2), 25 ft. deep borings.
3.2 Laboratory Testing
Laboratory tests (natural water content determinations, Atterberg limits, and partial
gradation analyses) and free swell tests will be performed to classify soil strata and to
evaluate plasticity and shrink/swell potential. Unconfined compression tests will be
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conducted on selected intact soil and/or rock specimens to evaluate the compressive
strength of the subsurface strata.
3.3Engineering Report
Engineering analyses of the results of the field and laboratory data will be made to
develop foundation design criteria and construction recommendations for the
pedestrian bridge abutments and two pavilion structures, and pavement thickness
design and construction recommendations for the trail based on subgrade conditions.
Specifically, the report will include:
• General subsurface conditions, discussion of site geology, boring logs with
descriptions of strata and laboratory test results, and water levels obtained at the
time of drilling.
• Boring location plan.
• Recommendations for abutment wall design including equivalent lateral pressures,
allowable bearing pressures, allowable footing sliding resistance and external
stability analyses.
• Recommendations for pavilions including allowable bearing pressures and
equivalent lateral earth pressures.
• Trail pavement thickness design based on the subgrade structural number; and
• General pavement construction and earthwork requirements.
An electronic (PDF) copy and four (4) hard copies of the report will be submitted
unless otherwise requested. Construction testing services are not included in this
contract.
B4.o Environmental Services (Scope i)
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
4.1TxDOT Categorical Exclusion
An Environmental Assessment will be prepared according to the guidelines and
requirements of projects that qualify as Categorical Exclusions under TxDoT
requirements (attached as Appendix A). We propose to provide these documents in
support of the construction of the proposed recreational trail. If it is determined that
the project does not qualify as a categorical exclusion, or if significant environmental
impacts are encountered, additional efforts will be required to satisfy the
environmental assessment requirements. Refer services indicated in section ASi.o
Environmental Services (Scopes). At this time it is assumed that all impacts to waters
of the US will be avoided and utilization of Nationwide Permit 42 will not be required.
If unavoidable impacts are encountered permitting efforts with the US Army Corps of
Engineers will be required at an additional cost. Refer services indicated in section
AS2.o Environmental Services (Scope 3).
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4.2 Section 4(0 Evaluation
Three (3) Section 4 (f) properties may be affected by the project. A determination of
significance will be accomplished in accordance with Section 5 of the TxDOT
Environmental Manual (attached as Appendix B). Section 4(0 evaluation also involves
public involvement and additional environmental documentation as well as
coordination and review by the Federal Highway Administration, Department of the
Interior, Department of Agriculture, and Department of Housing and Urban
Development.
4.3 Cultural Resources Survey
Because the project will be funded by TxDOT, a Texas Antiquities Committee (TAC)
permit will be necessary to conduct the field survey of the proposed trail system. This
involves submitting to the Texas Historical Commission (THC) a TAC permit
application and proposed Scope of Work that is signed by the archeologist, project
sponsor, and landowner. Subsequent to the acquisition of the TAC permit, a 2 -person
archeological field crew will conduct an intensive cultural resources survey over the
proposed trail system. This will entail intensive surface inspection as well as
subsurface shovel probes. The surveyed areas will also include those under the
jurisdiction of the US Army Corps of Engineers (USACE) in order to comply with any
necessary permits issued by the USACE. Field notes will be maintained on terrain,
vegetation, soils, land forms, shovel probes, cultural material observed, etc.
Standardized shovel probe forms will be completed for every shovel probe. These
forms will include location data, depth, soil type, and notations on any artifacts
encountered. Digital photographs with a photo log will also be completed as
appropriate. If any new sites are recorded, standard site forms will be completed and
filed at the Texas Archeological Research Laboratory (TARL) for permanent housing.
Sketch maps will also be completed for any documented sites. The location of all
shovel probes and sites will be recorded via handheld GPS units utilizing the UTM
coordinate system and the NAD 27 map datum. The survey will primarily utilize a
non -collection strategy. As such, all encountered non-diagnostic artifacts (e.g. lithic
flaking debris, burned rocks, etc.) will be tabulated and assessed in the field. Following
this, the non-diagnostic artifacts will be placed back where they were found. Any
encountered diagnostic artifacts (e.g. ceramics, formal lithic tools, etc.) will be brought
back to Horizon's office for analysis and documentation. A report of investigations will
be produced in conformity with the CTA Guidelines for Cultural Resources
Management Reports. This report will detail the archival research, methodology, and
results of the intensive survey. It will also report the assessed eligibility of any
recorded sites for formal designation as State Archeological Landmarks (SALs) and for
inclusion on the National Register of Historic Places. Four copies of the draft report
will be produced: 1 copy for the USACE (if required), 1 for the THC, 1 copy for TxDOT,
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and 1 for client review. The final report will include 20 copies to the THC in partial
fulfillment of the TAC permit requirements.
Services Not Included:
• TxDOT Environmental Assessment (refer section ASi.o).
• Nationwide Permit 42 (refer section AS2.o).
• Archeological sites discovered during initial cultural resources survey of proposed
trail system that require additional investigations such as SAL/NRNP eligibility
testing.
• Any diagnostic artifacts collected during the survey would need to be curated at an
approved curational facility. Curation includes standardized preparation and
labeling of field notes, photographs, and cultural materials. As the amount of
recovered cultural materials (if any) cannot be pre -determined, this Scope of Work
does not cover the costs of processing artifacts for curation, the negotiation of a
curation agreement with TARL, or TARL's curation fees.
• An in-depth review of historical documents, maps, or oral interviews that may be
necessary to adequately define any historic -age cultural resources that may be
present within the Project Area. As such, if any historic -age structures or historic -
age sites are documented, a new proposal and costs that would cover a detailed
review of historic records such as deeds, chains -of -title, etc. will need to be
submitted.
• According to the THC guidelines, mechanical trenching efforts are required in
areas of deep alluvium. If deep alluvial settings are found to be present along the
ROW, additional trenching efforts may be required. Such efforts are not included
in this cost estimate.
ASi.o Environmental Services (Scope 2)
The consultant shall nat perform the serzices under this se tion unless the City issues a written Notice to Procexl (NTP)
spe if tally for these serzices.
1.1 TxDOT Environmental Assessment
If it is determined that adverse impacts cannot be avoided, it is likely that TxDOT will
require an Environmental Assessment (EA) to be prepared instead of a Cat Ex
document. The EA process is considerably more comprehensive than the Cat Ex and
incorporates a more detailed environmental report, alternative analysis, state and
federal agency consultation and significant public involvement. Details of the EA
approval process are provided on attached Appendix C.
AS2.o Environmental Services (Scope 3)
The consultant shall not pe fornz the serzices aarler this sation unless the City issues a wittaz Notice to Pir d (NTP)
spaifcallYfor these serzics.
2.iNationwide Permit 42 (USACE)
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If impacts to waters of the US are unavoidable under the conditions associated with
the applicable Nationwide Permit, preparation of a permit application and supporting
documentation will be warranted. If required, Horizon will prepare the
preconstruction notification (PCN) and Nationwide Permit for submittal to the
USACE. The current estimated time frame for processing of a Nationwide Permit for
projects of this size is approximately 8 months but is highly dependent upon the
individual project manager assigned to us and their respective project load at the
time. It is our understanding that it is your desire to avoid this PCN process and we
will help you to design the project so as to avoid the need for coordination with
USACE.
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APPENDIX A: Section 3 - Categorical Exclusion
(Source: TxDOT Environmental Manual)
Overview
This section contains the following information concerning categorical exclusions (CE):
• requirements for a CE
• exceptions
• types of CEs
• CE documentation content
• CE approval process.
Requirements for a CE
A project may be eligible for a CE if it:
• is a maintenance or rehabilitation -type improvement
• involves a minimum of public impact
• has little or no right of way to acquire and does not require the relocation of a large
number of people
• does not involve significant social, economic, or environmental impacts.
Exceptions
Any action normally classified as a CE, but that could involve unusual circumstances, will require
environmental studies to determine the appropriate level of environmental documentation. These
unusual circumstances are limited to the following:
• substantial controversy on environmental grounds
• significant impacts on properties protected by Section 4(f) of the DOT Act or Section io6 of
the National Historic Preservation Act
• inconsistencies with any federal, state, or local law, requirement, or administrative
determination relating to the environmental aspects of the action
Types of CEs
There are two types of CEs, as shown in the table below.
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blanket CE (see the indicated
subsection below)
CEs typically requiring
environmental documentation
("regular" or programmatic CE—
see the indicated subsections
below)
Blanket CE
CE Type
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Example Projects
traffic signal replacement, guard rail installation, guard
rail/median repair, seal coats
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bridge replacements, added shoulders, auxiliary lanes such as
right -turn or center left turn lane - passing lanes
Blanket Categorical Exclusions are for those projects that usually do not require environmental
documentation. Blanket CEs include:
• Roadway CEs with the following activities:
o emergency repairs under 23 U.S.C.125
o approval of utility installations along or across a transportation facility
o landscaping, overlays, traffic signals and median barriers
• Public transportation CEs with the following activities:
o installation of fencing, signs, pavement markings, small passenger shelters, traffic
signals, and railroad warning devices where no substantial land acquisition or
traffic disruption will occur
o bus and rail car rehabilitation
o alterations to facilities or vehicles in order to make them accessible for the elderly
and handicapped
o ridesharing activities.
Other blanket CEs may be issued for activities that do not involve or lead directly to construction,
such as planning and technical studies and the acquisition of scenic easements.
CEs Typically Requiring Environmental Documentation
For CEs typically requiring environmental documentation, the documents are prepared in the form
of a descriptive memo or brief environmental document demonstrating specific conditions for
classification as a CE (ENV will assist in identifying the appropriate level of documentation).
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The types of CEs typically requiring documentation include roadway CEs with the following
activities:
• modernizing a highway by restoring, rehabilitating, reconstructing, adding shoulders, or
adding auxiliary lanes (e.g., parking, turning, climbing)
• highway safety or traffic operations improvement projects
• rehabilitating, reconstructing, or replacing a bridge or constructing grade separation to
replace existing at -grade railroad crossings
• adding travel lanes to rural roadways within existing right of way or with minimal right of
way required when FHWA or ENV concurs that the CE designation is appropriate
• building transportation corridor fringe parking facilities
• constructing new truck weigh stations or rest areas
• changing access control
• public transportation CEs with the following activities:
• constructing new bus storage and maintenance facilities in areas used predominantly for
industrial or transportation purposes
• constructing bus transfer facilities located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic
• non -mode specific CEs with the following activities:
• disposing of excess right of way or for joint or limited use right of way, where the proposed
use does not have significant adverse impacts
• acquiring land (a particular parcel or limited number of parcels) for hardship or protective
purposes.
NOTE: These types of land acquisition qualify for a CE only where the acquisition will not limit
evaluating alternatives, including shifting alignments for planned construction projects that may be
required in the NEPA process. No project development on such land may proceed until the NEPA
process is complete.
CMAQ Projects
CMAQ projects are no different than other projects, and must comply with environmental
regulations. Most CMAQ projects qualify as CEs.
Major CMAQ projects, such as HOV lanes or grade separations, need environmental
documentation and must go through the NEPA process.
Programmatic CE
TxDOT and FHWA agree that on projects meeting certain criteria, a programmatic agreement may
be used that allows ENV to approve federally funded actions as CEs, provided that certain
conditions are met. To qualify for a programmatic CE, the action must:
• conform to the SIP that is approved by EPA in air quality non -attainment areas
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• be consistent with the state's Coastal Management Program
• not impact any federally listed endangered species or their designated critical habitat area.
Programmatic CEs can also be used in actions that do not involve:
• unusual circumstances as described in 23 CFR §771.117(b)
• more than the acquisition of minor amounts of temporary or permanent right of way,
usually without any commercial or residential displacements
• any changes in access control
• the use of a temporary road, detour, or ramp closure, unless the use of such facilities satisfy
conditions for access as outlined in the programmatic agreement
• known hazardous material sites within the right of way.
Programmatic CEs are not permitted in actions that involve:
• any property protected by Section 4(0 of the Department of Transportation Act (49 U.S.C.
§ 3)
• a determination of adverse effect by THC/SHPO on any property determined eligible for
the National Register of Historic Places
• a USCG Section 9 permit or any individual USACE Section 4o4 or Section 10 permit, or a
Nationwide Permit 23
• Construction in, across, or adjacent to a river designated as a component or proposed for
inclusion in the national system of Wild and Scenic Rivers published by the U.S.
Department of the Interior/U.S. Department of Agriculture.
CE Documentation Content
The following information should be included in the environmental documentation prepared for
CEs. The information should be presented in the order listed below:
1. purpose and need of the proposed action, including existing and proposed design
2. description of surrounding area
3. specific area of environmental concern
4. required federal, state, and local action
5. Socioeconomic reasons - describe anticipated relocations, displacements, and right of way
requirements. Document efforts taken to meet the requirements of Executive Order 12898
on environmental justice and Executive Order 13166: Improving Access for Persons with
Limited English Proficiency.
6. public involvement
7. conclusion
8. exhibits, including: a location map and a typical section, USGS quad sheet - location,
photos with legend description locator, and Section 4(0 evaluation, if any.
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CE Approval Process
The following is the step by step CE approval process:
1. The district submits CE to ENV for review and completes any necessary early coordination.
2. Resource agencies complete review and coordination (if necessary).
3. Document is revised (if necessary).
4. All necessary public involvement requirements for CEs are completed prior to CE approval.
5. ENV approves programmatic CEs and state/locally funded CEs.
6. FHWA or FTA (on transit projects) approves all other CEs using federal funds.
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APPENDIX B: Section 5 - Section 4(f)/Section 6(f)
(Source: TxDOT Environmental Manual)
Overview
This section contains information on how and why to prepare a Section 4(0 evaluation and Section
6(f) documentation.
Authorities
Section 4(f) of the U.S. Department of Transportation Act of 1966 states that FHWA may not
approve the use of land from a significant publicly owned park, recreation area, wildlife or
waterfowl refuge, or historic site. However, if a determination is made that there is no feasible and
prudent alternative to the use of land from the property and the action includes all possible
planning to minimize harm to the property resulting from such use, then the taking may be
approved.
Use occurs when land from a Section 4(f) site is acquired for a transportation project and:
• there is an occupancy of land that is adverse in terms of the statute's preservationist
purposes; or
• the proximity impacts of the transportation project on the Section 4(f) site, without
acquisition of land, are so great that the purposes for which the Section 4(f) site exists are
substantially impaired.
Land and Water Conservation Fund Act (Section 6[f])
The act establishes a land and water conservation fund to assist local, state, and federal agencies in
meeting the demand for present and future outdoor recreation sites. This is done through grants
for land acquisition, park amenities, and other park development costs.
Once a city, county, or agency has used Section 6(0 for funds, either the land or the park
appurtenances cannot be eliminated or acquired without coordination with the National Park
Service (NPS) and mitigation that replaces the eliminated items. The mitigation must be at least at
a ratio of 1:1, for both quality and quantity.
Section 4(f) Applicability of Parks, Recreation Areas, etc. (Non -Cultural Resources)
Publicly owned land is considered to be a park, recreation area, or wildlife and waterfowl refuge
when the land has been officially designated as such, or when federal, state, or local officials having
jurisdiction over the land determine that one of its major purposes or functions is for park,
recreation, or refuge purposes.
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Incidental, secondary, occasional, or dispersed recreational activities do not constitute a major
purpose. For the most part, "officials having jurisdiction" are the officials of the agency owning or
administering the land.
"Significant" Property Status
"Significance" determinations on publicly owned land considered to be park, recreation area, or
refuge, are made by the officials having jurisdiction over the land. The significance determination
must consider the significance of the entire property and not just the portion of the property used
for the project.
Significance means that in comparing the availability and function of the recreation, park or refuge
area with the recreational, park, or refuge objectives of that community, the land in question plays
an important role in meeting those objectives.
If a determination from the official with jurisdiction cannot be obtained, the Section 4(0 land will
be presumed to be significant.
Park, recreation land, and refuge, as well as historic site designations and determinations of
significance sometimes change late in the development of a proposed action. FHWA may permit a
project to proceed without consideration under Section 4(0 if the property was acquired prior to
the change in designation or significance and if an adequate effort was made to identify Section 4(0
properties prior to acquisition.
Section 4(0 Applicability to Cultural Resources
In addition to Section io6 of the National Historic Preservation Act, Section 4(0 regulations may
also apply to cultural resources.
• Applies to projects that require the use of land from a property listed or determined
eligible for listing on the National Register of Historic Places.
• Section 4(0 use of a historic property occurs if a project meets any of the following
conditions:
o Land from a historic property will be acquired.
o A project contains one or more historic properties within the project limits.
o A project will cause a "constructive use" to a historic property by substantially
impairing or reducing the historic significance of the property through proximity
impacts.
Exception to Section 4(0 Applicability
Generally, a Section 4(0 applies whenever a project will require use of a historic property,
regardless of whether a project is determined to have "no effect," "no adverse effect," or "adverse
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effect" on historic properties as a result ofTHC/SHPO coordination process. The exceptions to this
are as follows:
• For historic bridges and transportation facilities (i.e., roads, culverts, etc.), a project must
have an adverse effect on these properties for a Section 4(0 to apply.
• For archeological sites, Section 4(0 only applies if THC/SHPO determines that a significant
archeological site warrants preservation in place. Because THC/SHPO determines that
most archeological sites are significant for the information they may yield (and not for
their preservation in place), most sites are not subject to Section 4(0 evaluations.
• For traditional cultural properties (historic properties that are of traditional or cultural
significance to a federally recognized Indian tribe) that warrant preservation in place.
Section 4(0 Evaluation Content
Section 4(0 documentation must include the following information in the listed order:
1. proposed action
2. describe the 4(0 property:
o detailed map or drawing
o size and location of impact (existing park and remaining park)
o ownership and type of property (park, historic, etc.)
o function of activities for property
o description of all existing and planned facilities
o access and usage
o relationship to other similar lands in the area
o applicable clauses affecting ownership, such as lease, etc.
3. unusual characteristics that either reduce or enhance property value of the section 4(0
property
4. avoidance alternatives
5. measures to minimize harm
6. coordination
NOTE: For more information on Section 4(0 evaluation formats, please see FHWA
Technical Advisory T664o.8A.
Supporting information must demonstrate unique problems or unusual factors involved in the use
of alternatives avoiding the 4(0 property or the cost, social, economic, and environmental impacts,
or community disruption resulting from such alternatives reach extraordinary magnitudes.
Coordination of the Section 4(f) Evaluation
Section 4(0 evaluation should be sent to the officials having jurisdiction over the Section 4(0
property for coordination and comment, FHWA for review by the Department of the Interior, and,
as appropriate, to the Department of Agriculture and the Department of Housing and Urban
Development. ENV sends the Section 4(0 evaluation for interagency comment.
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FHWA has established a minimum of 45 days for receipt of comments.
Programmatic Section 4(0 Evaluations
Programmatic Section 4(f) evaluations may be prepared for projects with minor impacts on public
parks, recreation lands, wildlife and waterfowl refuges, and historic sites, provided that the project
meets FHWA's programmatic thresholds.
Projects that meet these thresholds are still evaluated in a 4(f) evaluation, although it is not
reviewed by the agencies listed above, with the exception of FHWA.
Approval of Section 4(f) and Section 6(1)
Following review of the programmatic Section 4(1) and the review and analysis of comments,
FHWA's Texas office approves the Section 4(f) document. For other Section 4(1) evaluations,
FHWA's headquarters approves the document after the review and analysis of comments. Section
6(f) requirements are typically satisfied with Section 4(f) mitigation.
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APPENDIX C: Section 4 -Environmental Assessments/Findings of No Significant Impact
(Source: TxDOT Environmental Manual)
Overview
This section explains the criteria for environmental assessments (EAs) and findings of no
significant impact (FONSIs), and the approval process for preparing and completing EAs and
FONSIs. The following subsections are included:
• EAs
• FONSIs
• EA documentation content
• EA/FONSI approval process.
EAs
EAs are prepared to:
• determine the nature and extent of social, economic, and environmental impacts for
projects that do not meet the requirements for CE designation, and for which the extent of
impacts is not readily discerned
• provide sufficient evidence and analysis for determining whether to prepare an
environmental impact statement (EIS), or whether the FONSI is sufficient
• serve as an early coordination document, providing interested citizens and resource
agencies sufficient information to elicit reasonable comments that can be further
addressed in EIS.
The following actions typically require an EA:
• Highway projects adding travel lanes (increased capacity) within existing right of way or
requiring more than minor amounts of right of way.
• New highway projects of less than four lanes on new location.
• Major action projects requiring an EIS benefit from the early preparation of an EA as a
coordination document (see EIS discussion).
FONSIs
A FONSI usually completes the environmental process and will typically be granted once the public
involvement requirements are met and final endorsement by ENV or FHWA received.
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A FONSI is not issued at the conclusion of the EA, when it is determined that significant
environmental impacts will occur as a result of the project. In this case, an EIS is developed.
EA/FONSI Approval Process
The EA/FONSI process is listed below:
1. Districts contact resource agencies for preliminary information, with the exception of
THC/SHPO.
2. District conducts early public involvement, such as public meetings, as appropriate, to
assist in the identification of alternatives
3. The district submits EA for ENV review.
4. Any necessary revisions are made to the document.
5. Resource agency review/coordination is completed.
6. ENV/FHWA approves document as "satisfactory for further processing."
7. The results of the EA are communicated to the Texas Review and Comment System
(TRACS).
8. The district notifies the state intergovernmental review contact (COG, MPO) of the EA's
availability.
9. The district proceeds with formal public involvement (public hearing or opportunity for
public hearing).
10. The EA (revised if necessary), all public involvement documentation, and any necessary
revisions are forwarded to FHWA (for federal projects) or to ENV (for state/locally funded
projects). If the state -funded project is located along an interstate highway and involves
changes in access, the EA is forwarded to FHWA.
11. ENV or FHWA grants the FONSI; ENV notifies the district and TRACS of the FONSI
issuance.
12. The district furnishes a notice of availability to the state intergovernmental review contact.
EA Documentation Content
EA documentation is more detailed than that provided in a CE, because an EA must consider
alternatives to the proposed action. The scope and content of an EA depends upon the type of
project proposed, its scale, and the potential for environmental impacts and controversy.
The following information should be included in the environmental documentation prepared for
an EA. The information should be presented in the order listed below:
1. cover sheet
2. purpose and need for action
3. alternatives considered
4. right of way requirements, cost and funding source
5. description of the project area
6. potential impacts
7. natural and human environment
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8. For socioeconomic potential impacts - describe how the proposed project is in compliance
with Executive Order 12898 on environmental justice.
9. appropriate mitigation measures/commitments (if needed)
10. public/agency comments and coordination
11. Section 4(0 evaluation (if any—see this subsection in Section 4 for more information)
12. Public involvement - summarize public involvement efforts and results, describe how
public involvement activities are in compliance with Executive Order 13166 on limited
English proficiency.
13. conclusion
14. appendices (maps, typical sections, photographs, USGS Quad sheets).
The content of an EA is based primarily on the type of project. An EA may be a simple document
with a build/no build alternative, or there may be several more complex location and design
alternatives. While an EA is not as complex as an EIS, the content guidelines in Section 7 may be
used to determine the type of analyses needed and the extent of those analyses.
Following is a sample EA outline.
Chapter 1: Purpose & Need for the Project
A. Purpose of the Proposed Project (who proposes to do what, where, when; focus
on the basic features of the project regardless of the alignment)
B. Need for the Project (explain why this project ought to proceed; explain the
unsatisfactory condition of the existing facility description)
C. Objectives of the Project (describe the desired outcomes)
D. Focus of this Environmental Analysis (identify and explain what are the
relevant environmental issues)
D., Planning Process (present a brief history of the public involvement process)
D.2 Related Studies and Relevant Documents (list and briefly explain the purpose and content
of these studies/documents as related to the project)
D.3 Issues Studied in Detail (list and briefly explain why each why each issues is an
unresolved conflict)
D.4 Issues Eliminated from Further Study (list and briefly explain why each issue is not an
unresolved conflict)
E. Applicable Regulatory Requirements and Required Coordination (list and
briefly explain each regulatory requirement and coordination responsibility)
Chapter 2: Description of the Alternatives
A. Process Used to Develop the Project Alternatives
B. Requirements for and Benefits of Alternatives (Identify Alternative
Characteristics)
B.1 Principal Design Requirements
B.2 Desired Design Benefits
B.3 Environmental Protection and Enhancement Requirements
C. Alternatives Eliminated from Detailed Study (include why)
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D. Detailed Description of Reasonable Alternatives
D.1 Alternative A: No -Build
D.2 Alternative B: Build Alternative #i
E. Description of Other Relevant Actions (cumulative actions introduced)
Chapter 3: Affected Environment & Environmental Consequences
A. Name of Issue #i
A.i Existing Conditions
A.2 Environmental Consequences of Implementing Alternative A (No Build)
A.3 Environmental Consequences of Implementing Alternative B (Build)
B. Name of Issue #2
B.1 Existing Conditions
B.2 Environmental Consequences of Implementing Alternative A (No Build)
B.3 Environmental Consequences of Implementing Alternative (Build)
X. Summary and Comparison of Potential Effects* — Matrices — Tables — Drawings —
Other data presentations *The CEQ Regulations in § . refers to this section as the heart of the
document.
Chapter 4: Recommendation of the Preferred Alternative
A. Identification and Rationale for the Preferred Alternative
A.1 Preferred Alternative (identify the preferred alternative in one sentence)
A.2 Support Rationale (explain your reasons for selecting the preferred alternative)
A.3 Mitigation and Monitoring Commitments (list and explain if necessary all mitigation and
monitoring that are part of the preferred alternative)
A.4 Recommendation for Alternative Selection and for a FONSI (write something like the
following) TxDOT recommends implementation of Alternative B: Upgrade US 59 to 4 -Lane Divided
Highway (Build) based on the information in this EA and in this project's Administrative Record.
TxDOT requests that FHWA find that implementing Alternative B would not be a major Federal
action significantly affecting the quality of the human environment and thus issue a Finding of No
Significant Impact (FONSI) for this project.
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EXHIBIT C: Work Schedule
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Agreement #o8047
•WMGROUP
Basic Services Summa
OTHER DIRECT COSTS (ODCs)
Cost
CONSULTANT FEE
Subconsultants
Waeltz & Prete, Inc. - civil engineering
$ 112,195
Direct
Overhead
Tot lab+OH Fixed Fee 12% Total Cost
Paul -Koehler- Brown - structural engineering
$ 9,500
Teinert Desmon - architecture, mep engineering
$ 9,600
$31,186.00
$68,128.94
$99,314.94 $11,917.79 $111,232.73
Chapman Court Reporting Services
$ 555
Horizon Environmental (Scope 1)
$ 19,000
Inland Geodetics - surveying services
$ 76,488
Fugro Consultants, Inc. - geotechnical investigation.
$ 18,590
Lone Star Access - Plan review, filing and inspection fee
$ 1,500
Total Subconsultants
i $ 247,428
Material Expenses
Total
$ 111,233
Reproduction (Color Exhibits/Reprographics)
$ 400
Reproduction (Plans and Specifications)
$ 5,000
Postage/Delivery
$ 150
Supplies
$
Telephone & FAX
$
Subtotal Material Expenses
$ 5,550
Miscellaneous Expenses (Estimated Reimbursable Expenses)
Travel (Mileage)
$ 300
Summary ,
1.
1
Total Hours
1,047
Hotel
$ -
2.
Total Labor Dollars
f $ 111,233
Automobile
$ -
3.
Subconsultants
$ 247,428
Meals
$
4.
Material Dollars
T 1 $ 5,550
Miscellaneous
$ -
5.
'miscellaneous Dollars
1 IL $ 300
Subtotal Miscellaneous Expenses
$ 300
_ 6.
TOTAL BASIC SERVICES I $ 364,510
CERTIFICATE OF LIABILITY INSURANCE
Janis Martin tate Farm Insure . ce
1 Chisholm Trail, Suite 3150 Round Rock, TX 78681
Phone:51 2 244-331 1 E-mail _ianisaLlahlskmartin.cor..L+
INSURED:
13WMGROLIP. LP
102E MAIN AVE, STE 201 ROUND BOCK, TX 7_86€4
DESCRIPTION: ARCHITECTURE
Phone: E-mail;
Date: January &,, 2009
TDI number required. Please refer to the
Texas Dept of Insurance website: bttp'//www.tdJ,state.tx.usf
PRODUCER:
COMPANIES AFFORDING COVERAGE
TDI
A
STATE FARM INSURANCE
6196
B
c
ID 's
THIS 15 TO CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the bush ass operations
hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF
LTR INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY 90-L1-4934.9 01-23.2008 01-23-2009 GENERAL AGGREGATE 3 2,000,000
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $ 5,000
AUTOMOBILE LIABILITY 1058878-F01-63 06.01-2008 06-01.2009
COMBINED SINGLE Limn-
BODILY
IMITBODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
S
$ 1,000.000
3 1,000,000
$ 1,000,000
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
$
3
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS $
EACH ACCIDENT S
DISEASE - POUCY LIMIT S
DISEASE EACH EMPLOYEE $
PROFESSIONAL LIABILITY
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' Compensation and EmploYers'
Liability' and 'Professional Liability', Should any of the above described polieles be cancelled or changed before the expiration date
thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E, Main Street
Round Rock, Texas 78664
SIG URE QF AGENT.._ IN
STATE OF TEXAS
'7/1,04
Vied Name: JANIS MARTIN
Title: AGENT
128384 Page 1
0065D — 1-2008
Certificate of Liability lnsurauce
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
-- - ---- _ -- -
Date `Mti01/09/09
PRODUCER
Leatzow Insurance
2301 W. 22nd Street Suite 208
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
Oak Brook, IL 60523
COMPANIES AFFORDING COVERAGE
COMPANY
A New Hampshire Insurance Company
INSURED
BWM Group, LP
COMPANY
8
102 E. Main
Suite 200
COMPANY
C
Round Rock, TX 78664
COMPANY
0
COVERAGES
THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOIJIREMENT. TERM OR CONDITION OF ANY CONTPACT OP. OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE NAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRCO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
COMPREHENSIVE FORM
BODILY INJURY OCC
, S
PREMISES/OPERATIONS
BODILY INJURY AGG
S
UNDERGROUND
PROPERTY DAMAGE OCC
. 5
EXPLOSION COLLAPSE HAZARD
PROPERTY DAMAGE AGG
5
PROOUCTSICOPMLETEDOPER
DOES NOT APPLY
BI & PD COMBINED OCC
5
CONTRACTUAL
BI & PD COMBINED AGG
S
INDEPENDENT CONTRACTORS
PERSONAL INJURY AGG
$
BROAD. FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE
LIABILITY
ANY AUTO
BODILY INJURY
(Per Person)
5
ALL OWNED AUTOS(Private Pass)
ALL OWNED AUTOS
BODILY INJURY
(Per Accident)
5
(Other than Private Passenger)
HIRED AUTOS
DOES NOT APPLY
PROPERTY DAMAGE
S
—
NON-OWNED AUTOS
GARAGE LIABILITY
BODILY INJURY
PROPERTY DAMAGE
COMBINED
5
EXCESS LIABILITY
EACH OCCURENCE
S
= UMBRELLA FORM
OTHER THAN UMBRELLA FORM
DOES NOT APPLY
AGGREGATE
S
5
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
I WC STATU- J
TORY LIMITS I
OTH
! ER
•-- --- _ ---
THE PROPRIETOR
--
DOES NOT APPLY
EL EACH ACCIDENT
5
PARTNERS/EXECUTIVE
—INCL
EL DISEASE -POLICY LIMIT
S
OFFICERS ARE:
EXCL
EL DISEASE- EA EMPLOYEE
S
A
OTHER
Professional
Liability
006936723
6/2/2008
6/2/2009
1,000,000 each claim
1,000,000 aggregate
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Re: Brushy Creek Gaps Trail
CERTIFICATE HOLDER CANCELLATION
City of Round Rock
Attn: City Manager
221 E. Main Street
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
LEATZOW INSURANCE
ACORD 2541 (1/95)
@ ACORD CORPORATION 1958
CERTIFICATE OF LIABILITY INSURANCE Date: 1-7-2009
PRODUCER:
Lockton Corapanies_LLC
5847 San Felipe Ste 320
Houston, TX 77057
roeber@tocktoncom_
INSURED:
flupLP
aug,.
102 E Max Ste200
Round Rock TX 78864-5200
Phone: 512-236-8913 E-mail; trodiekabwmaro.corn
TDI number required. Please refer to the
Texas Dept of Insurance website: tiltp://wwv.gdf.state.pc.us/
COMPANIES AFFORDING COVERAGE i TIN
I ;
indemnity insurance Co. of North America 1 5788 i
- A ;
....J
i C
•
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
GENERAL LIABILITY not covered GENERAL AGGREGATE
PRODUCTS-COMPrOP AGG 5
PERSONAL & ADV. INJURY 5
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY not covered
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE 5
EXCESS LIABILITY not covered EACH OCCURRENCE
AGGREGATE
WORKERSCOMPENSATION C45534851 10-1-C8 to 10-1-09
AND EMPLOYERS' LIABILITY
PROFESSIONAL LIABILITY not covered
BUILDERS' RISK INSURANCE not covered
OR INSTALLATION INSURANCE
STATUTORY LiMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLES/SPECIAL ITEMSrEXCEPT1ONS
$
5
X
51 million
51 elation
51 !notion
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers'
Liability' and `Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mail thirty MI days written notice to the certificate holder named below.
CERTIFICATE HOLDER. City Manage
City of Round Rock SIGNATURE OF AGENT LtCENSED IN STATE OF TEXAS
221 E. Main Street
Round Rock. Texas 78664
128.38-1
00(150 12-2008
Typed Name:
Page 2
Timothy F Kea ty
PrpcidPnt
Certificate of Liability insurancc
DATE: March 19, 2009
SUBJECT: City Council Meeting — March 26, 2009
ITEM: 1061. Consider a resolution authorizing the Mayor to execute an Agreement for
Consulting Services for Design Studies for the Brushy Creek Regional Trail Gap
Project with the BWM Group.
Department: Parks & Recreation
Staff Person: Rick Atkins, Director of Parks and Recreation
David Buzzell, RLA, ASLA
Justification:
This resolution will enable the City of Round Rock to begin the design development process on the
Brushy Creek Regional Trail Gap Project.
Funding: $2,950,000.00
Cost: $364,510.00
Source of funds: 2001 GO Bonds, CAMPO Grant, Wilco Grant
Outside Resources:
Williamson County, CAMPO/Texas Department of Transportation
Background Information:
The City and Williamson County partnered on the project and received a $2.36 million grant from
CAMPO. The City is funding $190,000 and Williamson County is funding $400,000 of this project. The
project entails design and construction of approximately 2miles of trail connecting the existing Brushy
Creek Trail to A.W. Grimes, as well as completing a trail gap along the Lake Creek.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
FOR DESIGN STUDIES FOR BRUSHY CREEK REGIONAL TRAIL GAP PROJECT
WITH BWM GROUP
This Agreement is made and entered into on this theo - day of 014.'I�f/A , 2009,
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 (hereinafter referred to as
the "City"), and BWM Group, whose offices are located at 102 East Main Street, Suite 200,
Round Rock, Texas, 78664 (hereinafter referred to as "Consultant" or "BWM").
RECITALS:
WHEREAS, City desires to contract for Consultant's professional consulting services
necessary for the development of the Brushy Creek Regional Trail Gap Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved, but in no event later than eighteen (18) months from the effective
date of this Agreement.
City reserves the right to review the services at any time, including at the end of any
deliverable or task, and may elect to terminate the services and this Agreement with or without
cause or may elect to continue. If this Agreement is terminated, City agrees to pay Consultant
for all work City deems completed at time of termination.
1.02 GENERAL CONDITIONS
The General Conditions contained herein shall apply to the Proposal for Services,
attached hereto as Exhibits A through C, and made a part hereof for all appropriate purposes.
This Agreement, including such Proposal for Services attachment, is entered into by and between
the City of Round Rock or its subsidiaries or affiliates (collectively "City") and BWM Group or
any entity directly or indirectly owned or controlled by same (collectively "BWM").
00156285/jkg
1.03 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Services for the
assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and
is deemed to incorporate the General Conditions contained herein. Except with respect to the
description of specific services and fees for the assignment(s) delineated therein, the General
Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms
therein. Taken together with the appended Proposal for Services, the General Conditions
contained in this Agreement shall evidence the entire understanding and agreement between the
parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described under this "Scope of
Services" category and Exhibit B if directed to do so by City's issuance of a written Notice to
Proceed specifically for such services. Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been
specifically engaged. Consultant shall perform services in accordance with the General
Conditions and this Agreement, in accordance with the appended Proposal for Services, and in
accordance with due care and prevailing consulting industry standards for comparable services.
1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant a not -to -exceed sum of Three Hundred Sixty -Four
Thousand Five Hundred Ten and No/100 Dollars ($364,510.00) as delineated in the "Basic
Services Summary" portion of Exhibit C. The parties expressly acknowledge that certain
services are to be provided by Consultant only if directed to do so by City's issuance of a written
Notice to Proceed specifically for such services.
The parties agree that fees for individual phases or phase tasks may vary, but that the
overall fee of $364,510.00 shall be a not -to -exceed amount.
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by City Council or City Manager action, Consultant's total compensation
hereunder shall not exceed $364,510.00, including any Reimbursable Expenses. This amount
represents the absolute limit of City's liability to Consultant hereunder unless same shall be
changed by additional Supplemental Agreement hereto.
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims, whether paid by City or denied.
2
Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement, that being eighteen (18) months from the effective date hereof. Consultant shall not
perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Consultant shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall
not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
1.06 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the following timetable structure and deliverable due dates shall apply: eighteen (18) months
from date of execution hereof, and in reasonable conformity to the estimated schedule delineated
on Exhibit C.
1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall
conform to the schedule of services and costs in connection therewith. All Reimbursable
Expenses shall be clearly shown. Should additional backup material be requested by City,
Consultant shall comply promptly with such request. In this regard, should City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of
3
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
a. Reimbursable Expenses. Payment for customary reimbursable expenses
hereunder shall not exceed the maximum sum of $5,850.00 for "Material
Expenses" and "Miscellaneous Expenses" as delineated in the "Basic Services
Summary" portion of Exhibit C. City shall pay Consultant for reimbursable
expenses on a monthly basis, as invoiced and documented, at actual cost.
1.08 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(1) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
1.10 TERMINATION OR DEFAULT
Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
4
fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits. City acknowledges
Consultant's documents as instruments of professional service. Nevertheless, the plans and
specifications prepared under this Agreement (including by way of illustration and not limitation
all plans, field surveys, maps, cross sections and other data, designs and work related to the
Project) shall become the property of City upon completion of the work and payment in full of
all monies due to Consultant. Should City subsequently contract with a new consultant for
continuation of services on the Project, Consultant shall cooperate in providing information.
City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless
from any claim, liability or cost (including reasonable attorneys' fees) arising out of any
authorized reuse or modification of the construction documents by City or any person or entity
that acquires or obtains the plans and specifications from or through City without the written
authorization of Consultant.
Default. Nothing contained in the preceding paragraph shall require City to pay for any
work which is unsatisfactory as determined by City or which is not submitted in compliance with
the terms of this Agreement. City shall not be required to make any payments to Consultant
when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver
of any right, at law and at equity, which City may have if Consultant is in default, including the
right to bring legal action for damages or to force specific performance of this Agreement.
1.11 CITY'S RESPONSIBILITIES
Full information. City shall provide full information regarding Project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required, if any, to enable Consultant to provide the services called
for. City shall cause its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directions provided by City and its
employees and agents concerning provision of services.
Specific services. City shall provide services and/or furnish information as delineated on
Exhibit A.
Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's
expense) certified surveys of relevant sites, giving, as required, grades and lines of streets, alleys,
5
pavements and adjoining property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or
adjacent to the sites, other improvements and trees; and full information as to available service
and utility lines, both public and private, and test borings, pits, reports and soil bearing values
and other necessary operations for determining subsoil conditions.
Tests and inspections. City shall furnish or pay for structural, mechanical, chemical,
soil mechanics, and other tests, reports and inspections as required by law or as required by
Project documents.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
1. Consultant has the right to perform services for others during the term of this
Agreement;
2. Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
3. Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement;
4. Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise, or pay any assistants to help Consultant;
5. Neither Consultant nor its employees or subcontractors shall receive any training
from City in the skills necessary to perform the services required by this
Agreement;
6. City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
7. Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS
Each party shall take reasonable measures to preserve the confidentiality of any
proprietary or confidential information provided to it in connection with this engagement,
provided that no claim may be made for any failure to protect information that occurs more than
two (2) years after the termination or expiration of this Agreement.
6
At the conclusion of the engagement, upon written request, each party shall return to the
other all materials, data and documents provided to the other party, except that Consultant may
retain one (1) copy of City's materials for its archival purposes, subject to Consultant's
confidentiality obligations hereunder. City shall retain ownership of all data and materials
provided by it to Consultant. Original drawings shall remain the property of Consultant.
The parties expressly acknowledge that City is a Texas home -rule municipality and, as
such, is subject to the Texas Public Information Act, and its duties run in accordance therewith.
1.14 LIMITATION OF LIABILITY
Services provided and performed by Consultant under this Agreement shall be performed
in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. However, should any of
Consultant's services not conform to these requirements and the Proposal for Services, then and
in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its
discretion, either (a) promptly re -perform such services to City's satisfaction at no additional
charge, or (b) promptly refund the portion of the fees paid with respect to such services.
In the event that re -performance of services or refund of applicable fees would not
provide an adequate remedy to City for damages arising from the performance, nonperformance
or breach of this Agreement and the appended Proposal for Services, then and in that event
Consultant's maximum total liability, including that of any employee, affiliate, agent or
contractor, relating to its services, regardless of the cause of action, shall be limited to direct
damages in an amount not to exceed the total fees payable under this Agreement.
The foregoing limitation of liability shall not apply to the extent that any liability arises
from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or
contractors, or from bodily injury, death of any person, or damage to any real or tangible
personal property. Neither party shall be liable for any indirect, special or consequential
damages.
1.15 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or
in connection with the negligence of Consultant or its employees or agents in the course of
performing services. The limitation of liability set forth in Section 1.14 herein applies to
Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not
apply to the extent that any liability arises from the gross negligence or willful misconduct of
Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any
person, of damage to any real or tangible personal property.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
7
liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof.
1.16 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Certificates of insurance are included herewith.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, 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.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
on -renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Consultant.
(3) Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members, employees and
agents in their official capacities, or while acting on behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self -Insured Retentions of
whatever nature.
8
(5) Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City.
1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
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.
1.18 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, 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.
1.19 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
1.20 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
1. Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf; or
2. Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
3. Withhold state or federal income tax from Consultant's payments.
9
1.21 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
BWM Group
102 East Main Street, Suite 200
Round Rock, TX 78664
Notice to City:
City Manager
221 East Main Street
Round Rock, TX 78664
AND TO:
City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; 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 shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
1.23 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
1.24 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
10
mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a
mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than
attorney Les, associated with the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
1.25 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
1.26 MISCELLANEOUS PROVISIONS
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project
schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
11
CITY OF ROUND ROCK, TEXAS ATTEST:
By: ✓
Alan McGraw, Mayor
Date Signed: 3.2k' 0n
FOR CITY, APPROV D AS TO FORM:
Steph
L. Sheets, City Attorney
BWM GROUP
By:
Printed
Title:
Date S gned:
•
//v04A- R-eu/be
Sara L. White, City Secretary
Date Signed: _ 2b • U 9
ewad- I.I.G, 00.0%4 Wilt".
EXHIBITS
Exhibit A: Services to be Performed by City
Exhibit B: Services to be Performed by Design Consultant
Appendix A:
Appendix B:
Appendix C:
Exhibit C:
Section 3 - Categorical Exclusion
Section 5 - Section 4(f)/Section 6(1)
Section 4 - Environmental Assessments/Findings of No Significant Impact
Work Schedule, including "Basic Services Summary"
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EXHIBIT A: Services to be Performed by City
Ai.o Trail Route Design Studies and Design Criteria
• Provide design speed and specific design criteria for project based on AASHTO Guide
for the Development of Bicycle Facilities.
• Preliminary right-of-way (ROW) requirements.
• As -built plans for existing facilities adjacent to this project, if available.
• Existing geotechnical reports and data for existing facilities adjacent to this project, if
available.
• Utility information (plans, maps, etc.) both current and archived within the City of
Round Rock, if available.
• Subdivision plats, site plans and deeds for all facilities and properties along the trail
corridor if available.
Aa.o Environmental Studies and Public Involvement
• Provide guidance on selecting appropriate stakeholders for public meeting(s).
• Sponsor and conduct public meeting(s) and hearing(s), including supporting
information, legal notices and public hearing officer, including three (3) identified
Section 4(f) properties. Meetings may include but not be limited to: (i) City Council
meeting, (i) Williamson County Commissioner's Court meeting, (2) Public input
meetings and (i) TxDOT public hearing.
A3.o Right -Of -Way (ROW)
• Assist consultant(s) in obtaining right -of -entries (ROEs).
• Assist in the utility coordination process including attending coordination meetings.
• Assist in the utility relocation process if required.
• Assist in the ROW acquisition process.
• Assist with Union Pacific Railroad negotiations, agreements and/or easements.
A4.o Field Surveying and Photogrammetry
Provide all available survey information to date.
A5.o Drainage
• Provide available information and studies on existing drainage areas.
• Provide hydraulic design criteria for project design.
• Assist with coordination of hydraulic design and submissions to FEMA Administrator
and USACE if required.
• Provide standard details and specifications as necessary to assist design consultant.
A6.o Miscellaneous
• Provide direction necessary for aesthetic treatment of existing and proposed
structures, amenities and landscaping.
• Provide copies of all licensing agreements, utility agreements and other legal
instruments related to the project.
• Prepare and coordinate any required Licensing and/or Utility Agreements.
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• Pay all permit, review and application fees. TDLR review and inspection fee to be paid
by Consultant.
• Administer TxDOT issued Federal Project Authorization Agreement (FPAA).
• Provide any other pertinent information to assist design consultant.
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EXHIBIT B: Services to be Performed by Design Consultant
General Project Understanding
The purpose of the services proposed herein is to provide professional consulting services necessary
for the development of the Brushy Creek Regional Trail Gap Project. This project has received
federal funding assistance through a Capital Area Metropolitan Planning Organization (CAMPO)
Surface Transportation Program - Metropolitan Mobility (STP -MM) Bike/Pedestrian grant program
and Williamson County, and will be administered by the Texas Department of Transportation -
Austin District Design Office. The Consultants intend to work in effective cooperation with the
City, TxDOT and other regulatory entities to achieve an efficient and acceptable implementation of
the project. Brian Binkowski, ASLA, Associate Principal of BWM Group will be the project manager
and daily contact for this project for the duration of this contract.
Program
Consultant shall provide services, as later described for the following general program elements.
• Trail segment connecting Phase i - Brushy Creek East Trail to A.W. Grimes Blvd. including one
pedestrian bridge.
• Trail segment connecting A.W. Grimes to Lake Creek Park.
• Improvements to Rabb Park and Lake Creek Park as activity hub/trailheads. Improvements
include but are not limited to restroom/pavilion building, parking, signage, way finding,
security lighting, and emergency call boxes.
Development Budget Goal
A proposed development budget goal for all trail and trailhead program items indicated is generally
established at $2.3 million dollars, but Consultant does not guarantee that proposals, bids, or actual
Project costs will not vary from its opinion of probable construction costs (OPCC).
Given the above stated general project information Consultant will provide the following scope of
basic services per task listed once the City has issued a written Notice to Proceed regarding each
service.
Bi.o Trail and Trailhead Design Services
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
1.1 Data Collections Preliminary Route Study 1 Site Assessment
Consultant's team shall define site information required to adequately accomplish the
scope of services defined in this agreement. Consultant shall consolidate existing
information into an overall base map to be used throughout the design process. Base
map information may include, but is not limited to:
• Current City and/or State ARC/GIS/AutoCAD data sets available for the entire
project area.
• Infrared/Aerial photography of entire project.
• Current FEMA Flood Plain data of entire project area.
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• Review proposed CLOMR application submitted for Arterial A by Engineer of
Record.
• Construction and as -built plans (if available) in AutoCAD format for the first phase
of existing project construction.
• Existing topographic surveys.
• Tax map or other resource information to identify affected property owners.
The Consultant will coordinate a kick-off meeting with their sub -consultants and the
City to identify project goals, schedules and projected milestones, design through
construction. Coordination will include verifying and assessing the preliminary trail
route. This information will be utilized for various permitting and public input
meetings. The assessment and route study may include, but are not limited to:
Walking the entire trail route with the Consultants team and City and
marking/flagging the proposed centerline trail route.
Digital photographic inventory of existing project site, so to provide as a resource
of possible existing conditions, as well as serve as a visual reference.
• Identify and address new opportunities and constraints.
• Preliminary meetings with CAMPO, TxDOT District Design, City's Flood Plain
Administrator, Williamson County, Texas Historic Commission, U.S. Army Corp of
Engineers (USACE), TCEQ, Union Pacific Railroad and any other stakeholder or
regulatory entity identified by the City.
• Prepare preliminary trail routing plan and trailhead site plans of Rabb Park and
Lake Creek Park for City's review/approval. Rabb Park trailhead plan will
accommodate future proposed Rabb House and playground improvements as they
relate to the trail route.
• Prepare Preliminary Opinion of Probable Construction Costs (OPCC), including
appropriate escalation factors and contingencies.
• Review plans and OPCC with City Staff.
1.2 Preliminary Design I Public Involvement
Upon City's approval of preliminary routing plan:
• Initiate Categorical Exclusion Environmental Assessment according to TxDOT
guidelines and requirements, and initial cultural resources survey.
Provide preliminary information for right-of-way acquisition.
Initiate topographic/tree/existing conditions survey. Survey includes three (3)
identified Section 4(0 properties.
Revise approved preliminary trail routing plan and trailhead site plans to address
any additional environmental, right-of-way or surveyed issues/concerns.
Prepare updated OPCC, including appropriate escalation factors and
contingencies.
Review updated plans and OPCC with City Staff.
• Provide technical information, graphics and support documentation for public
meetings, including three (3) identified Section 4(0 properties. Meetings may
include but not be limited to: one (i) City Council meeting, one .(i) Williamson
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County Commissioner's Court meeting, two (z) Public input meetings and one (i)
public hearing for Section 4(0 properties conducted by TxDOT/City.
• Provide court reporting services for one (i) public hearing.
• Revise final preliminary trail routing plan and trailhead site plan(s) to address any
additional environmental, right-of-way, surveyed issues, public input and
stakeholders comments.
• Prepare updated OPCC, including appropriate escalation factors and
contingencies.
• Review updated plans and OPCC with City Staff.
• Initiate geotechnical testing. Assist with identifying boring locations.
1.3 Construction Documentation
Upon City's approval of the schematic drawing(s) and the OPCC, the Consultant will
develop working/construction drawings and technical sections of specifications
necessary to construct the work. Construction drawings may include, but not be
limited to the following information: general construction and project specific notes,
utilities, grading, drainage, dimension control/layout, erosion/sedimentation/tree
protection, landscaping, irrigation, site construction details, architectural building,
mechanical, electrical, plumbing and structural design. Consultant shall compliment
drawings with Contract Documents and Technical Specifications including quantity
take -offs, which describe materials, systems and equipment, workmanship, quality and
performance criteria required for the construction of the work. Consultant's civil
engineer shall prepare a Storm Water Pollution Prevention Plan (SWPPP). Consultant
shall coordinate utility needs with the City and utility service provider(s).
• Coordinate construction drawings and specifications with other consultants.
• Prepare sixty percent (6o%) construction drawings and OPCC including appropriate
escalation factors and contingencies. Deliverables to City will be three (3) sets
u"xr7" plans.
• Review 6o% construction drawings and OPCC with City.
• Prepare ninety percent (90%) construction drawings, specifications/project manual
and OPCC including appropriate escalation factors and contingencies.
Deliverables to City will be three (3) sets u"xr7" plans and bound spec. manuals.
• Review 9o% construction drawings, specifications/project manual and OPCC with
City.
• Prepare one hundred percent (ioo%) construction drawings, specifications, reports,
permit applications and other documents required for permitting and
construction; update OPCC including appropriate escalation factors and
contingencies. Deliverables to City included with task 1.5 - Regulatory Entitlement
1 Permitting.
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Consultant's civil engineer will perform Flood Plain Analysis as follows:
• Prepare Flood Plain analysis to study the impacts, if any, on the flood plain. This
analysis will be based upon an existing APPROVED model, as previously prepared
for Arterial "A". We have made contact with the Engineer of Record to preview
this model. It is anticipated that the scope of the existing model will not cover the
entire trail project limits. Additional cross sections will more than likely be
required. The analysis will include the following storm events ioyr, 5oyr, iooyr,
and 5ooyr.
• Prepare a Cut/Fill analysis WITHIN the flood plain limits.
• Prepare Engineering report and submit to the City. The approval of the analysis will
be made at the local level with the City's Flood Plain Administrator.
Note The abate sage cf uork assurrs a CL OMR and/orLOMR will not F,e rapiral
1.5 Regulatory Entitlement 1 Permitting
Upon City's approval of the construction drawings, specifications/project manual and
the OPCC, the Consultant will assist Client in filing the appropriate plans and
documents with jurisdictional and regulatory agencies.
• Initial submittal includes: City of Round Rock three (3) sets n"x17" plans and bound
spec. manuals; TxDOT Austin District Design Office one (i) set n"x17" plans and
bound spec. manual; TxDOT Austin Division Office one (i) set 11"x17" plans and
bound spec. manual; Texas Department of Licensing and Regulation (TAS/ADA
review) care of a independent Registered Accessibility Specialist (RAS) one (i) full
size set 22"x34" plans; and Union Pacific Railroad three (3) sets u "xr7" plans and
bound spec. manuals.
• Review all modifications requested by jurisdictional and regulatory agencies with
the City.
• Revise drawings and submit final documents to the appropriate agency(s) for final
processing, approvals and permits. Final submittal includes: City of Round Rock
three (3) sets n"x17" plans and bound spec. manuals; TxDOT Austin District Design
Office one (i) set n"x17" plans and bound spec. manuals and OPCCs; TxDOT
Austin Division Office seven (7) sets n"xr7" plans and bound spec. manuals and
OPCCs; and Union Pacific Railroad three (3) sets 11"x17" plans and bound spec.
manuals. All submittals will include a written comment response letter.
• Once approved by TxDOT Division Review Office, the City shall receive a Letter of
Authority (LOA) allowing the project to be publicly bid.
i.6 Bidding
Consultant shall assist City during the bidding process.
• Coordinate the schedule for bid advertising,), pre-bid conference, addenda (if
applicable), and bid opening.
• Prepare and organize bid solicitation and proposal forms consistent with the City's
requirements.
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• Arrange for printing and distribution of the bid documents.
• Conduct the pre-bid conference and document the proceedings.
• Answer bid RFI's.
• Prepare and issue addenda.
• Attend the bid opening
• Review/evaluate bids including alternates and formulate bid tabulation.
• Provide written recommendation to City and TxDOT.
• Once approved by City Staff and TxDOT for award, attend City Council meeting for
award of construction contract.
• Assist with issuance of the Notice of Award and construction contract
documents/agreement.
1.7 Construction Management I Observation
Construction period assumed to be eleven (u) months. Consultant shall conduct bi-
monthly progress meetings to check on the status and quality of construction and to
determine in general if the construction is progressing in accordance with the design
intent and construction documents. The Consultant may periodically make additional
site visits other than progress meetings. On the basis of its observations while at the
site, the Consultant will keep the City informed of the progress of construction and
may recommend to the Client the rejection of work failing conformance to the
contract documents.
Consultant shall endeavor to secure compliance by the contractor to the plans and
specifications. Consultant shall not be responsible for construction means, methods,
techniques, sequences or procedures in connection with the work and Consultant
shall not be responsible for the contractor's errors or omissions or failure to carry
out the work in accordance with the contact documents. City will provide and pay
for construction inspection and materials testing services. Consultants civil engineer
This observation process shall include:
• Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds
and insurance from the contractor.
• Conduct and oversee a pre -construction meeting.
• Constructions observation - preparation and processing of Requests for
Information, Change Proposals, Change Orders, Change Directives,
review/approval of shop drawing, submittals, samples and mock-ups (as required).
• Conduct and oversee bi-monthly progress meetings. Total of twenty-two (22)
progress meetings.
• Conduct and oversee a total of three (3) called meetings.
• Review and approve contractor's monthly Application and Certification for
Payment.
• Coordinate final inspection(s) and walk-thru for substantial completion; issue
punch list and letter of substantial completion for incomplete items including time
for completion.
• Coordinate and attend final inspection by TxDOT and TDLR.
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• Conduct final inspection for acceptance of project and issue letter of concurrence.
• Acquire final close-out documents, warranties, accurate as -built drawings and other
documents from contractor required to close-out project.
• Review and approve contractor's final Application(s) for Payment including
retainage.
• Incorporate contractors as -built drawings into Consultants plans and produce final
Record Drawing plan set for City. As -built plans shall consist of one (1) set of mylar
plans with hand-written changes indicated.
Field changes, change directives, change orders or any other changes during
construction of the Project initiated by the City, without prior written consent of the
Consultant, shall indemnify and hold harmless Consultant and its sub -consultants from
all claims, any damage, liability or cost, including reasonable attorneys' fees and costs of
defense, arising from such changes.
Opinion of Probable Construction Costs (OPCC) Disclaimer
Opinion of probable construction costs provided by the Consultant are based on the
Consultant's familiarity with the construction industry and are provided only to assist the
City's budget planning; such opinions shall not be construed to provide a guarantee or
warranty of the actual construction costs at the time construction bids are solicited or
construction contracts negotiated. Unless expressly agreed in writing and signed by the
parties, no fixed limit of construction costs is established as a condition of this Agreement by
the furnishing of opinions of probable construction costs. Throughout the design process the
Consultant will assist the Client in value engineering the project and making necessary
adjustments in an effort to meet the project construction budget.
Services Not Included:
Client shall provide the following information or services as required for performance of the
work. Consultant assumes no responsibility for the accuracy of such information for services
and shall not be liable for error or omissions therein. Should Consultant be required to provide
services in obtaining or coordinating compilation of this information, such services shall be
performed as Additional Services. Additional Services shall only be provided if previously
authorized by the Client.
Additional Services may include, but not be limited to, the following:
Preparation of Phased bid package(s) with reduced scope of items defined herein.
Including construction drawings and specifications.
• Traffic Impact Analysis.
Traffic Control Plans.
• Construction Staking.
• Construction Materials Testing.
Bridge Design (other than pre-engineered structures).
• Hazardous Site Assessments.
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• Land Acquisition services.
• Easement acquisition or vacation including preparation of easement documents unless
defined within scope of services.
• Legal Lot Determinations unless defined within scope of services.
• Preparation of multi -use agreement(s) and exhibits.
• Assistance or representation in litigation concerning the property of proposed project.
• Conflict Resolution.
Preparation and processing of Waivers, Variances or Exceptions.
• Services required after final acceptance of construction work.
• Environmental study (i.e., Phase i Permit).
• Permitting through Army Corp of Engineers (USACE) unless defined in scope of services.
• Revisions to drawings previously approved by the City and regulatory entities due to
changes in: Project scope, budget, schedule, unforeseen subsurface construction
conditions or when such revisions are inconsistent with written approvals or
instructions previously given; enactment or revision codes, laws, or regulations
subsequent to the preparation of such documents.
Preparation of presentation materials for marketing or purposes other than in -progress
approvals.
• Public or other presentations beyond those described in scope of services.
Provide consultation, drawings, reports and other work products related to permits,
approvals and ordinances not described in scope of services.
• Providing professional services for the field selection of plant materials.
Gas, Telephone/Communication design.
• Design of utility extension(s) to the project site unless defined in scope of services.
• Providing services other than those outlined in scope of services.
B2.o Surveying Services
The consultant shall not perfornz the serum under this section urdess the City issues a zt itten Notice to Procad(NTP)
specifically for theseserucs.
2.1ResearchlReconnaissance 1Traverse Control Design
Inland will attempt to research existing records available through the City of Round
Rock, Williamson County, Texas General Land Office or other sources for the length of
the project. The Williamson County Appraisal District data base will be researched to
develop a list of affected property owners. Inland understands that the CORR will
secure Right -of -entry for the listed properties.
Inland will generate a property schematic along the route of survey. This schematic is
not considered boundary level work and is for presentation purposes only.
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Inland will establish a benchmark network to provide the vertical control datum to be
used throughout the project area. For the purposes of this project and to keep data
integrity and quality control measures with the varied design teams involved, it is
assumed that horizontal and vertical control will be developed from the use of GPS
reference points reconciled to the CORR GPS Monument Network.
Inland will prepare easement plats with accompanying metes and bounds descriptions
for 4 parcels from the Dumas, Harris, Bison, and Elrod tracts along the project route.
Additionally, as a contingency task, Inland will perform boundary surveys of the Lake
Creek Park and Rabb House Park properties. These surveys will consist of a plat of the
reconstructed boundaries with a metes and bounds description for each. This task is
contingent upon the necessity thereof based on Sect. io6 of the NHPA and
classification as Section 4(0 properties.
2.2 Perform Field Data Collection 1 CAD Drawing
Inland will perform field work necessary to gather the requested data along the route
of survey. All data will be gathered electronically by the use of GPS, conventional, and
digital levels and input directly to Inland's processing software. Data to be collected
will include: Existing edge of pavement and curbs, drainage features, driveways, fence
lines, VISIBLE utilities only and designations of respective owners provided in a timely
fashion, land features and grade breaks, and trees being 8" dbh or greater in diameter.
Office technicians will conduct QC reviews to insure data integrity and generate a
contour map of the area at ifoot intervals (vertically).
Inland will generate an Autocad drawing of the gathered information to a specified
scale. The product will be delivered in electronic file format. Inland will utilize the
CORR electronic GIS database information of the existing utilities in the project area
and associate the mapping files as a final product.
B3.o Geotechnical Investigation Services
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
3.1 Field Investigation
Based on available geologic information and nearby boring data, the project alignment
is likely underlain by alluvial deposits, further underlain by Austin limestone to the
east, and possibly Eagle Ford clay and shale at the west end of the alignment. As
requested, we propose the following drilling scope: Bridge Abutments=two(a), 25 ft.
deep borings, Trail = 15(fifteen), 5 ft. borings, Pavilion = two(2), 25 ft. deep borings.
3.2 Laboratory Testing
Laboratory tests (natural water content determinations, Atterberg limits, and partial
gradation analyses) and free swell tests will be performed to classify soil strata and to
evaluate plasticity and shrink/swell potential. Unconfined compression tests will be
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conducted on selected intact soil and/or rock specimens to evaluate the compressive
strength of the subsurface strata.
3.3Engineering Report
Engineering analyses of the results of the field and laboratory data will be made to
develop foundation design criteria and construction recommendations for the
pedestrian bridge abutments and two pavilion structures, and pavement thickness
design and construction recommendations for the trail based on subgrade conditions.
Specifically, the report will include:
• General subsurface conditions, discussion of site geology, boring logs with
descriptions of strata and laboratory test results, and water levels obtained at the
time of drilling.
• Boring location plan.
• Recommendations for abutment wall design including equivalent lateral pressures,
allowable bearing pressures, allowable footing sliding resistance and external
stability analyses.
• Recommendations for pavilions including allowable bearing pressures and
equivalent lateral earth pressures.
• Trail pavement thickness design based on the subgrade structural number; and
• General pavement construction and earthwork requirements.
An electronic (PDF) copy and four (4) hard copies of the report will be submitted
unless otherwise requested. Construction testing services are not included in this
contract.
B4.o Environmental Services (Scope i)
The consultant shall not perform the services under this section unless the City issues a
written Notice to Proceed (NTP) specifically for these services.
4.iTxDOT Categorical Exclusion
An Environmental Assessment will be prepared according to the guidelines and
requirements of projects that qualify as Categorical Exclusions under TxDoT
requirements (attached as Appendix A). We propose to provide these documents in
support of the construction of the proposed recreational trail. If it is determined that
the project does not qualify as a categorical exclusion, or if significant environmental
impacts are encountered, additional efforts will be required to satisfy the
environmental assessment requirements. Refer services indicated in section ASi.o
Environmental Services (Scopez). At this time it is assumed that all impacts to waters
of the US will be avoided and utilization of Nationwide Permit 42 will not be required.
If unavoidable impacts are encountered permitting efforts with the US Army Corps of
Engineers will be required at an additional cost. Refer services indicated in section
AS2.o Environmental Services (Scope 3).
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4.2 Section 4(f) Evaluation
Three (3) Section 4 (f) properties may be affected by the project. A determination of
significance will be accomplished in accordance with Section 5 of the TxDOT
Environmental Manual (attached as Appendix B). Section 4(f) evaluation also involves
public involvement and additional environmental documentation as well as
coordination and review by the Federal Highway Administration, Department of the
Interior, Department of Agriculture, and Department of Housing and Urban
Development.
4.3 Cultural Resources Survey
Because the project will be funded by TxDOT, a Texas Antiquities Committee (TAC)
permit will be necessary to conduct the field survey of the proposed trail system. This
involves submitting to the Texas Historical Commission (THC) a TAC permit
application and proposed Scope of Work that is signed by the archeologist, project
sponsor, and landowner. Subsequent to the acquisition of the TAC permit, a 2 -person
archeological field crew will conduct an intensive cultural resources survey over the
proposed trail system. This will entail intensive surface inspection as well as
subsurface shovel probes. The surveyed areas will also include those under the
jurisdiction of the US Army Corps of Engineers (USACE) in order to comply with any
necessary permits issued by the USACE. Field notes will be maintained on terrain,
vegetation, soils, land forms, shovel probes, cultural material observed, etc.
Standardized shovel probe forms will be completed for every shovel probe. These
forms will include location data, depth, soil type, and notations on any artifacts
encountered. Digital photographs with a photo log will also be completed as
appropriate. If any new sites are recorded, standard site forms will be completed and
filed at the Texas Archeological Research Laboratory (TARL) for permanent housing.
Sketch maps will also be completed for any documented sites. The location of all
shovel probes and sites will be recorded via handheld GPS units utilizing the UTM
coordinate system and the NAD 27 map datum. The survey will primarily utilize a
non -collection strategy. As such, all encountered non-diagnostic artifacts (e.g. lithic
flaking debris, burned rocks, etc.) will be tabulated and assessed in the field. Following
this, the non-diagnostic artifacts will be placed back where they were found. Any
encountered diagnostic artifacts (e.g. ceramics, formal lithic tools, etc.) will be brought
back to Horizon's office for analysis and documentation. A report of investigations will
be produced in conformity with the CTA Guidelines for Cultural Resources
Management Reports. This report will detail the archival research, methodology, and
results of the intensive survey. It will also report the assessed eligibility of any
recorded sites for formal designation as State Archeological Landmarks (SALs) and for
inclusion on the National Register of Historic Places. Four copies of the draft report
will be produced: i copy for the USACE (if required), 1 for the THC, 1 copy for TxDOT,
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and i for client review. The final report will include zo copies to the THC in partial
fulfillment of the TAC permit requirements.
Services Not Included:
• TxDOT Environmental Assessment (refer section ASi.o).
• Nationwide Permit 42 (refer section ASz.o).
• Archeological sites discovered during initial cultural resources survey of proposed
trail system that require additional investigations such as SAL/NRHP eligibility
testing.
• Any diagnostic artifacts collected during the survey would need to be curated at an
approved curational facility. Curation includes standardized preparation and
labeling of field notes, photographs, and cultural materials. As the amount of
recovered cultural materials (if any) cannot be pre -determined, this Scope of Work
does not cover the costs of processing artifacts for curation, the negotiation of a
curation agreement with TARL, or TARL's curation fees.
• An in-depth review of historical documents, maps, or oral interviews that may be
necessary to adequately define any historic -age cultural resources that may be
present within the Project Area. As such, if any historic -age structures or historic -
age sites are documented, a new proposal and costs that would cover a detailed
review of historic records such as deeds, chains -of -title, etc. will need to be
submitted.
• According to the THC guidelines, mechanical trenching efforts are required in
areas of deep alluvium. If deep alluvial settings are found to be present along the
ROW, additional trenching efforts may be required. Such efforts are not included
in this cost estimate.
ASi.o Environmental Services (Scope 2)
The consultand shall not perforin the ser tics lazier this section cress the Giy issues a written Nance to Proceed (NTP)
specifically for these senices.
s.
1.1 TxDOT Environmental Assessment
If it is determined that adverse impacts cannot be avoided, it is likely that TxDOT will
require an Environmental Assessment (EA) to be prepared instead of a Cat Ex
document. The EA process is considerably more comprehensive than the Cat Ex and
incorporates a more detailed environmental report, alternative analysis, state and
federal agency consultation and significant public involvement. Details of the EA
approval process are provided on attached Appendix C.
AS2.o Environmental Services (Scope 3)
The consultand shall not perforin the serucs under this sazion crus dr City issues a written Notice to Piz l (N77')
specifically for these senders.
z.lNationwide Permit 42 (USACE)
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If impacts to waters of the US are unavoidable under the conditions associated with
the applicable Nationwide Permit, preparation of a permit application and supporting
documentation will be warranted. If required, Horizon will prepare the
preconstruction notification (PCN) and Nationwide Permit for submittal to the
USACE. The current estimated time frame for processing of a Nationwide Permit for
projects of this size is approximately 8 months but is highly dependent upon the
individual project manager assigned to us and their respective project load at the
time. It is our understanding that it is your desire to avoid this PCN process and we
will help you to design the project so as to avoid the need for coordination with
USACE.
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APPENDIX A: Section 3 —Categorical Exclusion
(Source: TxDOT Environmental Manual)
Overview
This section contains the following information concerning categorical exclusions (CE):
• requirements for a CE
• exceptions
• types of CEs
• CE documentation content
• CE approval process.
Requirements for a CE
A project may be eligible for a CE if it:
• is a maintenance or rehabilitation -type improvement
• involves a minimum of public impact
• has little or no right of way to acquire and does not require the relocation of a large
number of people
• does not involve significant social, economic, or environmental impacts.
Exceptions
Any action normally classified as a CE, but that could involve unusual circumstances, will require
environmental studies to determine the appropriate level of environmental documentation. These
unusual circumstances are limited to the following:
• substantial controversy on environmental grounds
• significant impacts on properties protected by Section 4(0 of the DOT Act or Section io6 of
the National Historic Preservation Act
• inconsistencies with any federal, state, or local law, requirement, or administrative
determination relating to the environmental aspects of the action
Types of CEs
There are two types of CEs, as shown in the table below.
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CE Type
Types of CEs Example Projects
blanket CE (see the indicated traffic signal replacement, guard rail installation, guard
subsection below) rail/median repair, seal coats
CEs typically requiring
environmental documentation
bridge replacements, added shoulders, auxiliary lanes such as
("regular" or programmatic CE— j right -turn or center left turn lane - passing lanes
• see the indicated subsections
below)
Blanket CE
Blanket Categorical Exclusions are for those projects that usually do not require environmental
documentation. Blanket CEs include:
• Roadway CEs with the following activities:
o emergency repairs under 23 U.S.C. 125
o approval of utility installations along or across a transportation facility
o landscaping, overlays, traffic signals and median barriers
• Public transportation CEs with the following activities:
o installation of fencing, signs, pavement markings, small passenger shelters, traffic
signals, and railroad warning devices where no substantial land acquisition or
traffic disruption will occur
o bus and rail car rehabilitation
o alterations to facilities or vehicles in order to make them accessible for the elderly
and handicapped
o ridesharing activities.
Other blanket CEs may be issued for activities that do not involve or lead directly to construction,
such as planning and technical studies and the acquisition of scenic easements.
CEs Typically Requiring Environmental Documentation
For CEs typically requiring environmental documentation, the documents are prepared in the form
of a descriptive memo or brief environmental document demonstrating specific conditions for
classification as a CE (ENV will assist in identifying the appropriate level of documentation).
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The types of CEs typically requiring documentation include roadway CEs with the following
activities:
• modernizing a highway by restoring, rehabilitating, reconstructing, adding shoulders, or
adding auxiliary lanes (e.g., parking, turning, climbing)
• highway safety or traffic operations improvement projects
• rehabilitating, reconstructing, or replacing a bridge or constructing grade separation to
replace existing at -grade railroad crossings
• adding travel lanes to rural roadways within existing right of way or with minimal right of
way required when FHWA or ENV concurs that the CE designation is appropriate
• building transportation corridor fringe parking facilities
• constructing new truck weigh stations or rest areas
• changing access control
• public transportation CEs with the following activities:
• constructing new bus storage and maintenance facilities in areas used predominantly for
industrial or transportation purposes
• constructing bus transfer facilities located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic
• non -mode specific CEs with the following activities:
• disposing of excess right of way or for joint or limited use right of way, where the proposed
use does not have significant adverse impacts
• acquiring land (a particular parcel or limited number of parcels) for hardship or protective
purposes.
NOTE: These types of land acquisition qualify for a CE only where the acquisition will not limit
evaluating alternatives, including shifting alignments for planned construction projects that may be
required in the NEPA process. No project development on such land may proceed until the NEPA
process is complete.
CMAQ Projects
CMAQ projects are no different than other projects, and must comply with environmental
regulations. Most CMAQ projects qualify as CEs.
Major CMAQ projects, such as HOV lanes or grade separations, need environmental
documentation and must go through the NEPA process.
Programmatic CE
TxDOT and FHWA agree that on projects meeting certain criteria, a programmatic agreement may
be used that allows ENV to approve federally funded actions as CEs, provided that certain
conditions are met. To qualify for a programmatic CE, the action must:
• conform to the SIP that is approved by EPA in air quality non -attainment areas
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• be consistent with the state's Coastal Management Program
• not impact any federally listed endangered species or their designated critical habitat area.
Programmatic CEs can also be used in actions that do not involve:
• unusual circumstances as described in 23 CFR §771.117(b)
• more than the acquisition of minor amounts of temporary or permanent right of way,
usually without any commercial or residential displacements
• any changes in access control
• the use of a temporary road, detour, or ramp closure, unless the use of such facilities satisfy
conditions for access as outlined in the programmatic agreement
• known hazardous material sites within the right of way.
Programmatic CEs are not permitted in actions that involve:
• any property protected by Section 4(0 of the Department of Transportation Act (49 U.S.C.
43o3)
• a determination of adverse effect by THC/SHPO on any property determined eligible for
the National Register of Historic Places
• a USCG Section 9 permit or any individual USACE Section 4o4 or Section 10 permit, or a
Nationwide Permit 23
• Construction in, across, or adjacent to a river designated as a component or proposed for
inclusion in the national system of Wild and Scenic Rivers published by the U.S.
Department of the Interior/U.S. Department of Agriculture.
CE Documentation Content
The following information should be included in the environmental documentation prepared for
CEs. The information should be presented in the order listed below:
1. purpose and need of the proposed action, including existing and proposed design
2. description of surrounding area
3. specific area of environmental concern
4. required federal, state, and local action
5. Socioeconomic reasons - describe anticipated relocations, displacements, and right of way
requirements. Document efforts taken to meet the requirements of Executive Order 12898
on environmental justice and Executive Order 13166: Improving Access for Persons with
Limited English Proficiency.
6. public involvement
7. conclusion
8. exhibits, including: a location map and a typical section, USGS quad sheet - location,
photos with legend description locator, and Section 4(0 evaluation, if any.
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CE Approval Process
The following is the step by step CE approval process:
1. The district submits CE to ENV for review and completes any necessary early coordination.
2. Resource agencies complete review and coordination (if necessary).
3. Document is revised (if necessary).
4. All necessary public involvement requirements for CEs are completed prior to CE approval.
5. ENV approves programmatic CEs and state/locally funded CEs.
6. FHWA or FTA (on transit projects) approves all other CEs using federal funds.
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APPENDIX B: Section 5 - Section 4(f)CSection 6(f)
(Source: TxDOT Environmental Manual)
Overview
This section contains information on how and why to prepare a Section 4(0 evaluation and Section
6(0 documentation.
Authorities
Section 4(f) of the U.S. Department of Transportation Act of 1966 states that FHWA may not
approve the use of land from a significant publicly owned park, recreation area, wildlife or
waterfowl refuge, or historic site. However, if a determination is made that there is no feasible and
prudent alternative to the use of land from the property and the action includes all possible
planning to minimize harm to the property resulting from such use, then the taking may be
approved.
Use occurs when land from a Section 4(0 site is acquired for a transportation project and:
• there is an occupancy of land that is adverse in terms of the statute's preservationist
purposes; or
• the proximity impacts of the transportation project on the Section 4(0 site, without
acquisition of land, are so great that the purposes for which the Section 4(0 site exists are
substantially impaired.
Land and Water Conservation Fund Act (Section 6[f])
The act establishes a land and water conservation fund to assist local, state, and federal agencies in
meeting the demand for present and future outdoor recreation sites. This is done through grants
for land acquisition, park amenities, and other park development costs.
Once a city, county, or agency has used Section 6(0 for funds, either the land or the park
appurtenances cannot be eliminated or acquired without coordination with the National Park
Service (NPS) and mitigation that replaces the eliminated items. The mitigation must be at least at
a ratio of ia, for both quality and quantity.
Section 4(0 Applicability of Parks, Recreation Areas, etc. (Non -Cultural Resources)
Publicly owned land is considered to be a park, recreation area, or wildlife and waterfowl refuge
when the land has been officially designated as such, or when federal, state, or local officials having
jurisdiction over the land determine that one of its major purposes or functions is for park,
recreation, or refuge purposes.
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Incidental, secondary, occasional, or dispersed recreational activities do not constitute a major
purpose. For the most part, "officials having jurisdiction" are the officials of the agency owning or
administering the land.
"Significant" Property Status
"Significance" determinations on publicly owned land considered to be park, recreation area, or
refuge, are made by the officials having jurisdiction over the land. The significance determination
must consider the significance of the entire property and not just the portion of the property used
for the project.
Significance means that in comparing the availability and function of the recreation, park or refuge
area with the recreational, park, or refuge objectives of that community, the land in question plays
an important role in meeting those objectives.
If a determination from the official with jurisdiction cannot be obtained, the Section 4(0 land will
be presumed to be significant.
Park, recreation land, and refuge, as well as historic site designations and determinations of
significance sometimes change late in the development of a proposed action. FHWA may permit a
project to proceed without consideration under Section 4(0 if the property was acquired prior to
the change in designation or significance and if an adequate effort was made to identify Section 4(0
properties prior to acquisition.
Section 4(0 Applicability to Cultural Resources
In addition to Section io6 of the National Historic Preservation Act, Section 4(0 regulations may
also apply to cultural resources.
• Applies to projects that require the use of land from a property listed or determined
eligible for listing on the National Register of Historic Places.
• Section 4(0 use of a historic property occurs if a project meets any of the following
conditions:
o Land from a historic property will be acquired.
o A project contains one or more historic properties within the project limits.
o A project will cause a "constructive use" to a historic property by substantially
impairing or reducing the historic significance of the property through proximity
impacts.
Exception to Section 4(0 Applicability
Generally, a Section 4(0 applies whenever a project will require use of a historic property,
regardless of whether a project is determined to have "no effect," "no adverse effect," or "adverse
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effect" on historic properties as a result of THC/SHPO coordination process. The exceptions to this
are as follows:
• For historic bridges and transportation facilities (i.e., roads, culverts, etc.), a project must
have an adverse effect on these properties for a Section 4(0 to apply.
• For archeological sites, Section 4(0 only applies if THC/SHPO determines that a significant
archeological site warrants preservation in place. Because THC/SHPO determines that
most archeological sites are significant for the information they may yield (and not for
their preservation in place), most sites are not subject to Section 4(0 evaluations.
• For traditional cultural properties (historic properties that are of traditional or cultural
significance to a federally recognized Indian tribe) that warrant preservation in place.
Section 4(f) Evaluation Content
Section 4(f) documentation must include the following information in the listed order:
1. proposed action
2. describe the 4(0 property:
o detailed map or drawing
o size and location of impact (existing park and remaining park)
o ownership and type of property (park, historic, etc.)
o function of activities for property
o description of all existing and planned facilities
o access and usage
o relationship to other similar lands in the area
o applicable clauses affecting ownership, such as lease, etc.
3. unusual characteristics that either reduce or enhance property value of the section 4(f)
property
4. avoidance alternatives
5. measures to minimize harm
6. coordination
NOTE: For more information on Section 4(f) evaluation formats, please see FHWA
Technical Advisory T664o.8A.
Supporting information must demonstrate unique problems or unusual factors involved in the use
of alternatives avoiding the 4(f) property or the cost, social, economic, and environmental impacts,
or community disruption resulting from such alternatives reach extraordinary magnitudes.
Coordination of the Section 4(f) Evaluation
Section 4(0 evaluation should be sent to the officials having jurisdiction over the Section 4(f)
property for coordination and comment, FHWA for review by the Department of the Interior, and,
as appropriate, to the Department of Agriculture and the Department of Housing and Urban
Development. ENV sends the Section 4(f) evaluation for interagency comment.
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FHWA has established a minimum of 45 days for receipt of comments.
Programmatic Section 4(f) Evaluations
Programmatic Section 4(f) evaluations may be prepared for projects with minor impacts on public
parks, recreation lands, wildlife and waterfowl refuges, and historic sites, provided that the project
meets FHWA's programmatic thresholds.
Projects that meet these thresholds are still evaluated in a 4(f) evaluation, although it is not
reviewed by the agencies listed above, with the exception of FHWA.
Approval of Section 4(1) and Section 6(f)
Following review of the programmatic Section 4(f) and the review and analysis of comments,
FHWA's Texas office approves the Section 4(f) document. For other Section 4(f) evaluations,
FHWA's headquarters approves the document after the review and analysis of comments. Section
6(1) requirements are typically satisfied with Section 4(f) mitigation.
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APPENDIX C: Section 4 -Environmental Assessments/Findings of No Significant Impact
(Source: TxDOT Environmental Manual)
Overview
This section explains the criteria for environmental assessments (EAs) and findings of no
significant impact (FONSIs), and the approval process for preparing and completing EAs and
FONSIs. The following subsections are included:
• EAs
• FONSIs
• EA documentation content
• EA/FONSI approval process.
EAs
EAs are prepared to:
• determine the nature and extent of social, economic, and environmental impacts for
projects that do not meet the requirements for CE designation, and for which the extent of
impacts is not readily discerned
• provide sufficient evidence and analysis for determining whether to prepare an
environmental impact statement (EIS), or whether the FONSI is sufficient
• serve as an early coordination document, providing interested citizens and resource
agencies sufficient information to elicit reasonable comments that can be further
addressed in EIS.
The following actions typically require an EA:
• Highway projects adding travel lanes (increased capacity) within existing right of way or
requiring more than minor amounts of right of way.
• New highway projects of less than four lanes on new location.
• Major action projects requiring an EIS benefit from the early preparation of an EA as a
coordination document (see EIS discussion).
FONSIs
A FONSI usually completes the environmental process and will typically be granted once the public
involvement requirements are met and final endorsement by ENV or FHWA received.
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A FONSI is not issued at the conclusion of the EA, when it is determined that significant
environmental impacts will occur as a result of the project. In this case, an EIS is developed.
EA/FONSI Approval Process
The EA/FONSI process is listed below:
1. Districts contact resource agencies for preliminary information, with the exception of
THC/SHPO.
2. District conducts early public involvement, such as public meetings, as appropriate, to
assist in the identification of alternatives
3. The district submits EA for ENV review.
4. Any necessary revisions are made to the document.
5. Resource agency review/coordination is completed.
6. ENV/FHWA approves document as "satisfactory for further processing."
7. The results of the EA are communicated to the Texas Review and Comment System
(TRACS).
8. The district notifies the state intergovernmental review contact (COG, MPO) of the EA's
availability.
9. The district proceeds with formal public involvement (public hearing or opportunity for
public hearing).
io. The EA (revised if necessary), all public involvement documentation, and any necessary
revisions are forwarded to FHWA (for federal projects) or to ENV (for state/locally funded
projects). If the state -funded project is located along an interstate highway and involves
changes in access, the EA is forwarded to FHWA.
11. ENV or FHWA grants the FONSI; ENV notifies the district and TRACS of the FONSI
issuance.
12. The district furnishes a notice of availability to the state intergovernmental review contact.
EA Documentation Content
EA documentation is more detailed than that provided in a CE, because an EA must consider
alternatives to the proposed action. The scope and content of an EA depends upon the type of
project proposed, its scale, and the potential for environmental impacts and controversy.
The following information should be included in the environmental documentation prepared for
an EA. The information should be presented in the order listed below:
1. cover sheet
2. purpose and need for action
3. alternatives considered
4. right of way requirements, cost and funding source
5. description of the project area
6. potential impacts
7. natural and human environment
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8. For socioeconomic potential impacts - describe how the proposed project is in compliance
with Executive Order 12898 on environmental justice.
9. appropriate mitigation measures/commitments (if needed)
10. public/agency comments and coordination
11. Section 4(f) evaluation (if any—see this subsection in Section 4 for more information)
12. Public involvement - summarize public involvement efforts and results, describe how
public involvement activities are in compliance with Executive Order 13166 on limited
English proficiency.
13. conclusion
14. appendices (maps, typical sections, photographs, USGS Quad sheets).
The content of an EA is based primarily on the type of project. An EA may be a simple document
with a build/no build alternative, or there may be several more complex location and design
alternatives. While an EA is not as complex as an EIS, the content guidelines in Section 7 may be
used to determine the type of analyses needed and the extent of those analyses.
Following is a sample EA outline.
Chapter 1: Purpose & Need for the Project
A. Purpose of the Proposed Project (who proposes to do what, where, when; focus
on the basic features of the project regardless of the alignment)
B. Need for the Project (explain why this project ought to proceed; explain the
unsatisfactory condition of the existing facility description)
C. Objectives of the Project (describe the desired outcomes)
D. Focus of this Environmental Analysis (identify and explain what are the
relevant environmental issues)
D.1 Planning Process (present a brief history of the public involvement process)
D.2 Related Studies and Relevant Documents (list and briefly explain the purpose and content
of these studies/documents as related to the project)
D.3 Issues Studied in Detail (list and briefly explain why each why each issues is an
unresolved conflict)
D.4 Issues Eliminated from Further Study (list and briefly explain why each issue is not an
unresolved conflict)
E. Applicable Regulatory Requirements and Required Coordination (list and
briefly explain each regulatory requirement and coordination responsibility)
Chapter 2: Description of the Alternatives
A. Process Used to Develop the Project Alternatives
B. Requirements for and Benefits of Alternatives (Identify Alternative
Characteristics)
B.1 Principal Design Requirements
B.2 Desired Design Benefits
B.3 Environmental Protection and Enhancement Requirements
C. Alternatives Eliminated from Detailed Study (include why)
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D. Detailed Description of Reasonable Alternatives
D.i Alternative A: No -Build
D.2 Alternative B: Build Alternative #i
E. Description of Other Relevant Actions (cumulative actions introduced)
Chapter 3: Affected Environment & Environmental Consequences
A. Name of Issue #i
A.1 Existing Conditions
A.2 Environmental Consequences of Implementing Alternative A (No Build)
A.3 Environmental Consequences of Implementing Alternative B (Build)
B. Name of Issue #2
B.1 Existing Conditions
B.2 Environmental Consequences of Implementing Alternative A (No Build)
B.3 Environmental Consequences of Implementing Alternative (Build)
X. Summary and Comparison of Potential Effects* — Matrices — Tables — Drawings —
Other data presentations *The CEQ Regulations in § . refers to this section as the heart of the
document.
Chapter 4: Recommendation of the Preferred Alternative
A. Identification and Rationale for the Preferred Alternative
A.r Preferred Alternative (identify the preferred alternative in one sentence)
A.2 Support Rationale (explain your reasons for selecting the preferred alternative)
A.3 Mitigation and Monitoring Commitments (list and explain if necessary all mitigation and
monitoring that are part of the preferred alternative)
A.4 Recommendation for Alternative Selection and for a FONSI (write something like the
following) TxDOT recommends implementation of Alternative B: Upgrade US 59 to 4 -Lane Divided
Highway (Build) based on the information in this EA and in this project's Administrative Record.
TxDOT requests that FHWA find that implementing Alternative B would not be a major Federal
action significantly affecting the quality of the human environment and thus issue a Finding of No
Significant Impact (FONSI) for this project.
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EXHIBIT C: Work Schedule
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Basic Services Summary
OTHER DIRECT COSTS (ODCs)
CONSULTANT FEE
Subconsultants
Cost
Waeltz & Prete, Inc - civil engineering
I $ 112,195
Direct
Overhead
Tot lab+OH Fixed Fee 12%
Total Cost
Paul -Koehler- Brown - structural engineering
, $ 9,500
Teinert Design - architecture, mep enc sneering
rt $ 9,600
$31,186.00
$68,128.94
$99,314.94 $11,917.79
$111,232.73
Chapman Court Reporting Services
$ 555
Honzon Environmental (Scope 1) 1
$ 19,000
Inland Geodetics - surveying services
$ 76,488
Fugro Consultants, Inc. - geotechnical investigation.
$ 18,590
Lone Star Access - Plan review, filing and inspection fee
1 $ 1,500
Total Subconsultants
$ 247,428
Material Expenses
Total
$ 111,233
Reproduction (Color Exhibits/Reprographicss
$ 400
Reproduction (Plans and Specifications)
$ 5,000
Postage/Delivery
$150
Supplies
; $ - - _
Telephone & FAX
$
Subtotal Material Expenses
j $ 5,550
Miscellaneous Expenses (Estimated Reimbursable Expenses)_Summary
Travel (Mileage)
$ 300
1.
(Total Hours
1,047
Hotel
$ -
2.i 2.1Total
Labor Dollars
$ 111,233
Automobile
$ -
3.
Subconsultants i
$ 247,428
Meals
$ -
4.
Material Dollars -
$ 5,550
Miscellaneous -
$ -
5.
Miscellaneous Dollars 1
$ 300
Subtotal Miscellaneous Expenses
--
$ 300
6. '
i
;TOTAL BASIC SERVICES
$ 364,510
CERTIFICATE OF LIABILITY INSURANCE
Janis Martin etetp Farm insurance
1 attend RockRock,i 78681
Ellelle161.2.120-3311 E-maii jaflaniskmadiflom
INSURED:
13WM GROUP LP
102 kmAINAMe..2111 R)UNU) ROCK
DESCRIPTION: ARCHITECTURE
Phorte;
Date: January 2009
TDI number required. Please rotor to the
Texas Dept of Insurance website: httptliwww.tastate.bLus/
PRODUCER'
THIS IS 1'O CERTIFY THAT the Insured named above Is insured by the Companies tilted above with respect to the bush ess operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO
LTR
TYPE OF POLICY EFFECTIVE
INSURANCE NUMBER DATE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY 90-L1-4934.9 01.23-2008 01-23-2009 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGO,
PERSONAL 8. ADV. INJURY
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person) $ 5,000
AUTOMOBILE LIABILITY 1058878-F01-63 06-01-2008 06-01.2009 COMBINED SINGLE LIMIT
BODILY INJURY (Per person) $ 1,000.000
BODILY INJURY (Per a0Oldent) $ 1,000,000
PROPERTY DAMAGE $ 1,000,000
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
3
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
PROFESSIONAL LIABILITY
BUILDERSRISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION QF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS/EXCEPTIONS
The City .of Round Rock is named as additional insured with respect to all policies except Workers' Vompensat on and Employer -Si
Liability' and 'PrOfessional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the Issuing company will mail thfrty (30) days. written notice to the certificate holder named below,
CERTIFICATE HOLDER; City Manager
City of Round Rod<
221 E. Main Street
Round Rock, Texas 78684
SIG RE OF AGENT LICENSED IN STATE OF TEXAS
T -d Name: JANIS MARTIN
Title: AGENT
128384 Page 1
00$50 — 1-2008
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
A
STATE FARM INSURANCE
6196
0
. .
D
THIS IS 1'O CERTIFY THAT the Insured named above Is insured by the Companies tilted above with respect to the bush ess operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO
LTR
TYPE OF POLICY EFFECTIVE
INSURANCE NUMBER DATE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY 90-L1-4934.9 01.23-2008 01-23-2009 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGO,
PERSONAL 8. ADV. INJURY
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person) $ 5,000
AUTOMOBILE LIABILITY 1058878-F01-63 06-01-2008 06-01.2009 COMBINED SINGLE LIMIT
BODILY INJURY (Per person) $ 1,000.000
BODILY INJURY (Per a0Oldent) $ 1,000,000
PROPERTY DAMAGE $ 1,000,000
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
3
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
PROFESSIONAL LIABILITY
BUILDERSRISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION QF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS/EXCEPTIONS
The City .of Round Rock is named as additional insured with respect to all policies except Workers' Vompensat on and Employer -Si
Liability' and 'PrOfessional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the Issuing company will mail thfrty (30) days. written notice to the certificate holder named below,
CERTIFICATE HOLDER; City Manager
City of Round Rod<
221 E. Main Street
Round Rock, Texas 78684
SIG RE OF AGENT LICENSED IN STATE OF TEXAS
T -d Name: JANIS MARTIN
Title: AGENT
128384 Page 1
00$50 — 1-2008
Certificate of Liability Insurance
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Date IMh01/09/09
PRODUCER
Leatzow Insurance
2301 W. 22nd Street Suite 208
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EMEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
Oak Brook, IL 60523
COMPANIES AFFORDING COVERAGE
COMPANY
A New Hampshire Insurance Company
INSURED
BWM Group, LP
COMPANY
B
102 E. Main
SSUlte 200
COMPANY
C
Round Rock, TX 78664
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO. WHICH THIS
CERTIFICATE NAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MIN/ODNY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL
r—
LIABILITY
COMPREHENSIVE FORM
BODILY' INJURY OCC
-PREMISES/OPERATIONS
BODILY INJURY AGG
'$
—
UNDERGROUND
PROPERTY DAMAGE OCC
S
EXPLOSION COLLAPSE HAZARD
PROPERTY DAMAGE AGG
$
PRODUCTS/COPMLETED OPER
DOES NOT APPLY
BI 8 PD COMBINED OCC
$
CONTRACTUAL
BI & PD COMBINED AGG
$
INDEPENDENT CONTRACTORS
,PERSONAL
INJURY AGG
$
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE
—
LIABILITY
ANY AUTO
BODILY INJURY
{Per Pierson/
S
,.—
ALL OWNED AUTO5(Privte Pass)
ALL OWNED AUTOS
BODILY INJURY
(Per Accident)
A.
(Other than private Passenger)
HIRED AUTOS
DOES NOT APPLY
PROPERTY DAMAGE
$
—
NON -OWNED. AUTOS
GARAGE LIABILITY
BODILY INJURY
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
EACH OCCURENCE
S
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
DOES NOT APPLY
AGGREGATE
$
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
WC STATU• I
; r RY LIMITS
071-I
ER
THE PROPRIETOR/
—
DOES NOT APPLY
EL FACT kACCIDENr
s
PARTNERS/EXECUTIVE
—
INCL
EL DISEASE - POLICY LIMIT
$
OFFICERS ARE.
EXCL
EL DISEASE - EA EMPLOYEE
S
A
OTHER
Professional
Liability
006936723
6/2/2008
6/2/2009
1,000,000 each claim
1,000,000 aggregate
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESlSPECIAL ITEMS
Re: Brushy Creek Gaps Trail
1 A HOLD
City of Round Rock
Attn:.. City Manager
221 E. Main Street
Round Rock, TX 78664'
14 LW 1s'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING -COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTII=ICATEHOLDER NAMEDTOTHE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATi(SN.ORLIABILITY OF
ANY 10140 UPON THE COMPANY. ITS. AGENTS OR REPRESENTTATIVES..
AUTHORIZED REPRESENTATIVE
LEATZOW INSURANCE
• CORD 25-N (1195}
C ACORD CORPORATION 1588
CERTIFICATE OF LIABILITY INSURANCE Date: 1-7-2099
TO! number required. Please refer to the
PRODUCER; Texas Dept of Insurance website: littp://www4drstate.tx.ust
LocktoilcmvaDies LLD
5847 San Felioe Ste 320
Housten, TX 77057 COMPANIES AFFORDING COVERAGE TD1
enotic..7.11-...4507.52QQ.e.7mkto:.re#11PF1P01;1.91),_CPM I ndernnity Insurance Co. of North America 1 5735
; A I
INSURED:
Antitstaff swrit Group,. LP B L
102 mom Ste 200
; C ,
Round Rook TX 78684-8200
Phone 512-238-891.3 E-mait frodiekabwingro.corn D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further fiereinaller described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
GENERAL LIABILITY not covered GENERAL AGGREGATE 5
PRODUCTS-COMP(OP AGG
PERSONAL & AZV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY not covered COMBINED SINGLE LIMIT
BODILY INJURY (Per person) $
BODILY INJURY (Per accident)
PROPERTY DAMAGE 5
EXCESS LIABILITY not covered EACH OCCURRENCE
AGGREGATE 5
LIMITS
WORKERS' COMPENSATION C46348.51 10-1-08 to 10-1-09 STATUTORY L.MITS
AND EMPLOYERSLIABILITY EACH ACCIDENT $1 million
DISEASE - POLICY LIMIT 51 million
DiSEASE - EACH EMPLOYEE $1 million
PROFESSIONAL LIABILITY not covered
BUILDERS' RISK INSURANCE not covered
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILMATIONSNEHICLES/SPECIAL ITEMSAEXCEPTIONS
The City uf Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Emnloyers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mail thirty (30) days written nonce to the certificate holder named below.
CERTIFICATE HOLDER. City Manger
City of Round Rock
221 E. Main Street
Round Rock, Texas 78884
SIGNATURE OF AGENT LICENSED IN STATE OF TF.XAS
TypedNan*:
128384 Page 2
-006544
12-2.4.ms
Timothy F. :1.y
Prpnidpyiy
Curtificitt. ort.iabirity Insurance