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R-09-10-08-9E3 - 10/8/2009
RESOLUTION NO. R -09-10-08-9E3 WHEREAS, the City of Round Rock desires to retain engineering services for the FM 3406 Roadway Improvement Project, and WHEREAS, CP&Y, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with CP&Y, Inc., 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 a Contract for Engineering Services with CP&Y, Inc. for the FM 3406 Roadway Improvement Project, a copy of said contract 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 8th day of October, 2009. )1, ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\0905\MUNICIPAL\R91008E3.DOC/rmc ROUND ROCK, TEXAS PURPOSE. PASSSON PROSPERITY. EXHIBIT b - nA" CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC. ("Engineer") ADDRESS: 10415 Morado Circle, Bldg I, Suite 200, Austin, Texas 78759 PROJECT: FM 3406 Roadway Improvement Project THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") 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 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 10/08 0199.7126; 171576 00064494 TX04FM3406 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule," Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sunk of Seven Hundred Seventy Nine Thousand, Six Hundred Sixty One and 76/100 Dollars ($779,661.76) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg I, Suite 200 Austin, Texas 78759 Telephone Number (512) 349-0700 Fax Number (512) 349-0727 Email Address jpenn@cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's continents on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and Licensing laws and regulations. Engineer shall fiunish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement 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 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg 1, Suite 200 Austin, Texas 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. Whine, C Secretary CP&Y, IN By: rr, Sigiattukof Principa Piirltec Name: .j , 3, cANIA3 14 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: 1. Provide any existing data the Owner has on file concerning the project, if available. 2. Assist with the coordination of any required public involvement and attend one-on-one meetings with Old Town Elementary School staff and committees, neighborhood groups, local businesses and attend an open house. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, neighboring Cities and/or other franchise utility companies. 4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 5. Meet on an as needed basis to answer questions, provide guidance and offer comment. 6. Provide construction inspection and construction testing services including coordination and scope of services. EXHIBIT B Engineering Services The FM 3406 Roadway Improvement Project will widen the existing FM 3406 Roadway from an undivided four -lane facility to a four -lane divided urban roadway. The project also includes the reconstruction/widening of the existing overpass at the Georgetown Railroad located within the project limits. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, right-of-way mapping, schematic development, preparation of plans, specifications and estimates for the project. Design services related to the design and plan production for this project will be performed in accordance with the latest available TxDOT manuals from the design collection located on the TxDOT website. The roadway will be designed based on (4R) design criteria. The development of the project will be consistent with TxDOT design procedures and practices. This project will be developed utilizing Microstation V8 and Geopak 2004. The tasks and products are more fully described in the following TASK OUTLINE. TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION 1. Coordinate with the City of Round Rock, TxDOT Austin District and Williamson County to obtain pertinent project information. Meet periodically with project stakeholders to gather information and provide updated project information. 2. Perform field investigations of the project. These investigations will include site visits to the project site and adjacent area to gather pertinent information relating to the con•idor. Field investigations will also be performed to review individual property locations and the impacts of the alignment to that property. 3. Develop a photo inventory of the project site for reference in project meetings, discussions with stakeholders and discussions with developers, etc. during the project development. 4. Gather and review information fi-om TxDOT including existing FM 3406 plans, project files, automated road inventory sheets, PMIS data, existing geometric conditions, existing typical sections, existing drainage facilities, existing bridge and culvert data and traffic data. 5. Gather and review related existing and draft studies from City of Round Rock and TxDOT, including traffic signals and Environmental studies in the project vicinity. Meet with City of Round Rock and TxDOT personnel to discuss future plans potentially impacting the project. 6. Gather and review information from various planning documents such as the CAMPO 2030 plan, Texas Transportation Plan, Transportation Improvement Plan and City of Round Rock master street/road plans impacting the project. 7. Obtain FEMA Flood insurance maps and corresponding studies from FEMA relating to the project corridor drainage features. B. GEOTECHNICAL INVESTIGATIONS Perform eight (8) borings spaced at approximately 500 feet apart, along the proposed lanes. Four (4) of the borings will be drilled through existing pavement and four (4) will be drilled in the right-of-way to a depth of seven (7) feet. In addition, two (2) bridge borings will be drilled to approximately 55 feet deep at the proposed abutment locations and one (I) culvert borings will be drilled to approximately 20 feet deep. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. 1 of 15 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S.C.S. Soil Classification (b) Atterberg Limits Tests (c) Sieve Analysis (d) Soluble Sulfate Content (e) Moisture Content (f) Unconfined Compressive Strength 3. The Engineer will coordinate with locator service to determine existing utility locations. 4. The Engineer will prepare a geotechnical report that will present recommendations for the design of the bridge foundation. The geotechnical report will include: (a) 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. (b) Boring location plan. (c) Recommendations for bridge foundation type, including allowable bearing pressures and depths, and associated settlement. (d) Recommendations for culverts including allowable bearing pressures and equivalent lateral earth pressures. (e) Equivalent lateral fluid earth pressure and global stability recommendations for retaining walls associated with the planned grade separation at the railroad crossing. (f) Flexible pavement thickness design in accordance with TxDOT FPS -19 Design. (g) Methodology with a mechanistic check, and based on provided traffic loading information. (h) General foundation and pavement construction and earthwork requirements. 5. The Engineer will meet with the geotechnical subconsultant on a regular basis to coordinate their work on the project. C. SCHEMATICS DEVELOPMENT 1. Develop the roadway design criteria to be discussed, revised and approved by the City, as well as TxDOT. This set of criteria will be based on Chapter 3 of the TxDOT Roadway Design Manual (New Location and Reconstruction (4R) Design Criteria). The criteria will be compiled and documented using the TxDOT Design Summary Report (DSR) form. 2. Prepare calculated horizontal geometries for the project roadways. 3. Prepare calculated vertical geometries for the project roadways. 4. Develop existing and proposed typical sections for inclusion on project schematics. 5. Develop preliminary schematic cross sections at 100' intervals. These cross sections will be for estimation of cut and fill quantities, as well as determining retaining wall locations and heights. 6. Determine retaining wall and bridge limits for the project roadway. 7. Develop a conceptual traffic control plan. Conceptual plans are intended to depict major phases of traffic control on scroll plots. These conceptuals will propose methods for constructability and can serve as a basis for future development of PS&E documents. 8. Work closely with the City and project stakeholders in developing median break and driveway locations. 9. Develop the proposed right-of-way limits required for the schematic design. 10. Perform preliminary hydraulic analysis/design to determine proposed location and sizes of major drainage structures. 2 of 15 11. Determine if any proposed drainage easements are required to adequately drain the proposed facility. 12. Striping will be depicted on the schematic layouts. Small signs will not be developed at the schematic phase of the project. 13. Determine and initiate any railroad coordination efforts at the schematic level. 14. Identify any necessary design exceptions or waivers required for the project. These instances will be recorded and reviewed with the City. 15. Engineer's opinion of probable cost will be developed for the project schematics. 16. Prepare schematic plots for the project corridor. Plots will include required elements suitable for submission to the TxDOT Austin District and the Federal Highway Administration. II. SOCIAL, ECONOMIC & ENVIROMENTAL STUDIES AND PUBLIC INVOLVEMENT All Environmental Reports will be in accordance with 43 Texas Administrative Code (TAC) 2.40-2.51, Council on Environmental Quality Regulations (40 CFR 1500-1508), Code of Federal Regulations, Title 23, Part 771, the FHWA Technical Advisory T6640.8A, and Highway Design Operations and Procedures Manual, Part II -B. A Programmatic Categorical Exclusion will be prepared for the proposed project. A. PROGRAMMATIC CATEGORICAL EXCLUSION A Programmatic Categorical Exclusion (PCE) shall be prepared in accordance with applicable laws, rules and regulations. 1. Environmental Document (a) The PCE document shall be completed by utilizing the Standards of Uniformity (SOUs) developed by ENV. (b) Environmental documentation to substantiate a Programmatic Categorical Exclusion (PCE) is assumed. Prepare an Environmental Document in accordance with the TxDOT Environmental Manual and the Austin District guidelines. The environmental documents shall be prepared using English units. (c) The PCE document shall include a cover sheet; proposed action; surrounding area; specific areas of environmental concern; permits/commitments; public involvement; exhibits, figures, coordination; and PCE determination. (d) Pertinent social and economic issues shall be addressed in the PCE; a separate report shall not be prepared. No significant impacts to land use, land planning or other socio-economic issues are anticipated. (e) Submit draft copies of the report for review. Color photographs shall be included in both the draft and final reports. Color photographs shall include the existing structure, natural resources, and potential historic resources. Assume all review comments shall be provided in writing. 2. Air and Noise Quality (a) General discussion of air and noise shall be included in the PCE. 3. Ecology Investigations (a) Conduct an ecology field survey and investigation to assess the site's impact on the ecological setting, soils, vegetation, wildlife, prime farmlands, endangered species, wetlands, and 4(0 and 6(0 properties. (b) A Registered Professional Geoscientist who is permitted by the USFWS to conduct karst surveys will search the right-of-way and appropriate adjacent areas where right of entry is obtained by for the presence of surface features which may be indicative of sub -surface habitat for endangered karst invertebrates or avenues for aquifer recharge as defined by the TCEQ. As required by the TCEQ the survey area for the geologic assessment will consist of the proposed right-of-way including the locations of water quality structures. The survey area for the karst survey (which concerns endangered species issues) will be slightly different since potential indirect effects are considered in endangered species impacts analyses and in potential Williamson County Regional Habitat Conservation Plan (WRHCP) participation. In 3 of 15 general, the current level of development adjacent to the roadway suggests that any karst invertebrate habitat adjacent to the roadway has been previously impacted and that compared to those impacts the effects of proposed roadway improvements would be discountable. Therefore, surveying individual residential lots for karst features seems unnecessary. However, two areas adjacent to the roadway have the potential for unimpacted or Less -impacted karst features. The first is the greenbelt area north of the ROW between Plantation Drive and the rail easement. According to maps prepared for the Williamson County Regional Conservation Plan a cluster of six caves occur in the vicinity of the greenbelt including one cave containing the endangered Bone Cave Harvestman (Texella reyesi). The mapped locations of these caves are of unknown accuracy and some of the caves may no longer exist as a result of development activities. Three of the caves, including the species cave, appear to be far enough from the ROW (more than 800 feet) that no potential impacts would occur. The other three caves appear to be within 200 feet of the ROW. We therefore propose to survey the greenbelt area to ground truth the Williamson County data. The other survey area outside of the ROW is the green space adjacent to the school building south of the ROW and east of Plantation Drive. Survey efforts will include minor hand clearing and minimal excavation of potential karst features to discern non—karst features from potential habitat. Based on the results of field surveys, a Registered Professional Geoscientist will also prepare and seal a karst survey report to include with WRHCP participation documents and a Geologic Assessment report to be submitted to the TCEQ with the Water Pollution Abatement Plan. (c) During field investigations, an assessment of the suitability of affected habitats to support listed species shall be made. Incorporate results of field investigations into the PCE in a manner to satisfy the MOU/MOA between TxDOT and TPWD. Notify the City and TxDOT if Section 7 or 10 consultation shall be required. (d) Wetland determination, and delineations if required, shall be conducted using the three -parameter approach as outlined in the U.S. Army Corp of Engineers (USACE) Wetlands Delineation Manual (1987). A routine data form shall be completed assessing hydrophytic vegetation, hydric soils and site hydrology. Wetland boundaries shall be marked with surveyors flagging unless directed otherwise. (e) Copies of all routine data forms shall be provided with the environmental document. A wetland finding shall also be provided. Assess the project's compliance with the Nationwide Permit Program and notify the City and TxDOT if a Section 404 or Section 9 permit is required. 4. Cultural Resource Investigations (a) Historical Search the National Register of Historic Places and the Texas Historic Sites Atlas online listings for the presence of previously designated historic properties and archeological sites within the project area of potential effects (APE) and provide the results in a coordination request form to initiate historical studies section review for PCE projects. The Engineer shall use this information to prepare text for the environmental document. Photograph any structures over 50 years old within the APE and include with the coordination request and in the PCE. (b) Archeological The Engineer will conduct a thorough background archeological literature and records search for the proposed project site. For the research, an archeologist will search the Texas Archeological Sites Atlas (Atlas) online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project site. In addition to identifying previously recorded archeological sites, the Atlas review will include the following types of information: National Register of Historic Places (NRHP) properties, State Archeological Landmarks (SALs), Official Texas Historical Markers (OTHMs), Registered Texas Historic Landmarks (RTHLs), cemeteries, and local neighborhood surveys. Because the project involves lands owned by a political subdivision of the State of Texas (City of Round Rock), any archaeological field investigations will require a Texas Antiquities Permit in compliance with the guidelines of the Antiquities Code of Texas. The Principal Investigator will prepare a permit application, coordinate with the client for the requisite information and signatures, and submit the permit package to the Texas Historical Commission (THC), the permitting and reviewing agency. The THC has 30 days to review the application and issue the permit; however, they typically only take 2-5 days. Once Task I has been completed, the Engineer will conduct an archaeological field survey of the project area. The field survey will consist of archaeologists examining the proposed project area. The survey will be of sufficient intensity to determine the nature, extent, and, if possible, potential significance of any cultural resources located within the proposed project area. During the survey, the archaeologist will be examining the ground surface and erosional profiles for 4 of 15 cultural resources. Shovel testing will be conducted in areas containing soils with potential for buried deposits, undisturbed areas, and previously recorded sites. When excavated, shovel tests will be approximately 30 cm in diameter and excavated in arbitrary 20 -em levels to 100 cm below surface or culturally sterile deposits, whichever comes first. The matrix from each shovel test will be screened through 1/4 -inch mesh, and the location of each excavation will be plotted using a hand-held GPS receiver. Each shovel test will be recorded on a standardized form to document the excavations. No backhoe trenching is proposed but the need for such work will be assessed as part of the fieldwork. Any discovered or previously documented sites, both prehistoric and historic, will be documented on appropriate forms and plotted on USGS 7.5 -minute topographic maps and appropriate project maps for planning purposes. Additional shovel tests will be excavated to define site boundaries within the project area. The Engineer is proposing a non -collection survey. Artifacts will be tabulated, analyzed, and documented in the field, but not collected. Temporally diagnostic artifacts will be described in detail and photographed in the field. Only especially rare artifacts or discoveries will be collected. This policy will reduce or eliminate curation costs once the fieldwork is concluded. Once the field survey has been completed, the Engineer will prepare a draft report of the investigations for review by the client and ultimately the THC. The archaeological report will conform to THC, Council of Texas Archeologists, and Antiquities Code of Texas reporting standards. It will document the general nature of the project area, the methodology used in the investigations, the presence and condition of any previously recorded sites revealed in the records review, the general nature and extent of cultural resources encountered during the archaeological survey, recommendations on the need for further work, and the potential significance of the cultural resources in regards to future development and State Archeological Landmark status. Draft copies of the letter reports will be submitted to the client for review and comment. Once this has been accomplished, any appropriate edits will be made and a final draft report will be submitted to the THC and any other involved regulatory agency. In addition, the Engineer will prepare any and all cultural resources documents related to the preparation of the TxDOT Programmatic Categorical Exclusion. The Texas Antiquities Code also requires that 20 copies of the final reports be submitted once the project is completed. in addition, all recovered artifacts and documentation must be mated at an approved repository. In this case, if artifacts are recovered and curation is needed, the Engineer will curate the materials at the Center for Archaeological Research at Texas Archeological Research Laboratory (TARL). Curation involves preparing the artifacts (washing, labeling, cataloging, etc.) and paying a fee for storage space. As we are proposing a non -collection survey, curation fees are not included in this cost proposal. The Engineer will submit a change order to cover the cost of curation in the unlikely event that artifacts are recovered. 5. Hazardous Materials (a) An initial site assessment shall be conducted for the appropriate level of inquiry. This includes determination of whether additional research or investigation is necessary during subsequent stages of project development. This information will be used to complete the TxDOT I-iazardous Materials Initial Site Assessment (ISA). 6. Response to Comments/Coordination (a) Revise the draft report(s) to incorporate TxDOT's review comments. Submit three draft copies and 15 revised drafts of the report. Submit one soft copy in MS Word format. 7. Environmental Documentation (a) Prepare draft programmatic categorical exclusion. (b) Address TxDOT comments. (c) Prepare final programmatic categorical exclusion. (d) Address ENV or REC comments. 5 of 15 B. PRE -CONSTRUCTION NOTIFICATION TO THE USACE / USFWS / WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN PARTICIPATION / CATEGORICAL EXCLUSION These services will be performed under a supplemental agreement if it is determined that the project "may affect" a federally -listed endangered species or if a karst feature with potentially suitable habitat is found during Task ILA.3(b). C. PUBLIC INVOLVEMENT 1. Prepare for and attend up to 6 one-on-one and small group meetings with project stakeholders. 2. Prepare public meeting displays and exhibits. Utilize digital orthophotography obtained from aerial photogramtnetry and show alignment alternatives. 3. Prepare one Public Meeting notice for publishing in Iocal papers to notify the public in advance of the established date. Notice will be published 30 days and 10 days prior to the meeting. The Engineer will be reimbursed for costs associated with publishing the Public Meeting notice in the local paper. 4. Help conduct one (1) Open House by identifying and reserving the facility, providing personnel to attend the sign -in table and support the open house and meeting, and assisting in the technical presentation. 5. Prepare a bound report for the Open House to include legal notices, photographs of displays and set-ups, handouts distributed at the meeting, attendance sheets, comment sheets, comment cards, letters sent and received, public meeting summary and summary of comments. (3 hard copies and 3 electronic copies each) 6. Support the City and their representative with graphic files, information and updates to aide in their extended public involvement efforts. It is anticipated that the City will be responsible if a project website, newsletter or additional public outreach is required. III. SURVEYING SERVICES A. RIGHT -OF -ENTRY SERVICES 1. The Surveyor will perform property ownership research utilizing the Williamson County Appraisal District records (Tax Maps and Ownership Records) and compile a list (Excel Spreadsheet) of landowners for distribution of right of entry letters. The Surveyor will obtain "right -of -entry" by signed letter from the owner of each of the subject properties. Also, the Engineer will contact property owners in advance of field surveys or to address specific property owner concerns about the work to be performed or being performed. We are anticipating that the City of Round Rock will handle problems regarding landowners that refuse to grant right - of -entry or are otherwise hostile with respect to the completion of this scope of services. The Engineer will record and report results of mailings for future action. All landowner contact will be recorded and provided to the Client. 2. Coordinate and review subconsultant work activities and submittals. B. DESIGN SERVICES I . The Surveyor shall generate, recover, and/or verify existing horizontal and vertical project primary control at the site, if any, and reconcile the control to known existing intersecting projects. 2. The Surveyor shall establish or density additional secondary control as needed for the project to collect data along the length of the project. 3. The Surveyor shall, at their discretion, use 5/8" iron rods with distinguishing caps, cotton spindles (paved areas) or other durable entities for the project control as applicable. 4. The Surveyor shall perform differential Ieveling through all of the project control (primary and secondary) to establish or extend vertical control for the project. 6 of 15 The Surveyor shall perform a topographic/design survey within the project limits. The topographic/design survey includes, but is not necessarily limited to: roadway, ditches, major grade breaks, culverts, culvert types and sizes, metal beam guard fence, fences, driveways, mailboxes, traffic and other signs, mailbox turnouts, striping, and visible above ground utilities. 6. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located within the project limits. 7. The Surveyor shall process the collected information into a 1 foot contour DTM file. 8. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of- way lines for FM 3406 and intersecting roads within the limits of survey. This is not to be construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time. C. DRAINAGE SERVICES 1. The Surveyor shall survey drainage structures within limits. This task will include cross sectional data at intervals of 100 feet for 500 feet upstream and extend through Woods Park at the downstream end along Onion Creek. Channel sections shall extend from row of way line to right of way line, including detailed shots of the stream channel below the water surface. 2. The Surveyor shall provide general descriptions of the culverts and trestle openings under the railroad tracks, including elevations of the high points of the railroad tracks. 3. The survey shall include sections upstream and downstream of the dam structure/spillway upstream of the railroad overpass as well as include shots along the top. 4. The survey shall include sections upstream and downstream of the creek crossing at Oak Hollow Drive as well as curb, rail and profile elevations of the road itself as wide as the creek cross sections. 5. The survey shall include channel sections upstream and downstream of the creek crossing at FM 3406 including culvert flow lines, curb and rail elevations, and any concrete aprons, headwalls, or wingwalls. D. BRIDGE SERVICES 1. The survey shall include the top of track for both railroad tracks for a distance of 500 feet either side of the roadway. This is a requirement for Exhibit A's. 2. The survey shall include the top of bent caps at each corner of the cap. 3. The survey shall include the top of abutment caps at each corner of the cap along with shots of the top of the wingwalls at their ends for each corner of the bridge. 4. The survey shall include enough points to accurately know the existing dimensions and elevations of the bridge deck, including shots of the slab breakbacks, if any. The survey shall also include edge of deck shots (either at the toe of rail or back of rail) at face of abutment backwalls and centerline of bents and at least two intermediate spots spaced about 25 feet or so to determine slab profile (in case the bridge is widened). If possible, survey shall include shots down the centerline of the bridge at the same intervals to determine cross - slope. Also, survey shall include deck elevations to be at top of concrete, not top of asphalt (if bridge has an overlay). 5. The survey shall include bottom of beam shots for the exterior beams over the railroad tracks to verify existing vertical clearance over the tracks. 6. The survey shall include the locations of the existing columns. E. TREE SERVICES 1. The Surveyor shall locate trees that 12 inches in diameter and larger, and shall note the size and species. 7 of 15 F. GEO-TECHNICAL LOCATIONS 1. The Surveyor shall locate eleven (1 I) core locations at a time specified by the client. G. UTILITIES I . The Surveyor shall coordinate with a qualified SUE provider to perform Level C&D tasks for the underground utilities within the project limits. 2. The Engineer will contact each utility company and meet individually with then to review their assumed utility locations developed from the SUE process. H. SUBCONSULTANT COORDINATION 1. Coordinate and review subconsultant work activities and submittals. I. DELIVERABLES 1. The Surveyor shall provide: (a) 2D MicroStation V8 planimetric file. (b) 3D MicroStation V8 DTM file including break -lines and 1 foot contours. (c) Geopak DTM (tin) file. (d) ASCII point file. (e) Two CD-ROM containing the specified files. (1) PDF file of each Surveyor's project field book. (g) Spreadsheet of landowners for right -of -entry letters J. ASSUMPTIONS The Surveyor shall notify the client prior to performing the work if: (a) Sufficient right-of-way monumentation cannot be found to re-establish the existing alignments and associated right-of-way lines along the project corridor, (b) Traffic Control cannot be managed by the Surveyor's personnel. (c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control. (d) Existing Project Control cannot be recovered or verified. IV. PLANS, SPECIFICATIONS & ESTIMATE A. RIGHT-OF-WAY DATA AND UTILITY ADJUSTMENTS I. The Engineer will provide the limits of the proposed ROW to the Surveyor for preparation of Right -of -Way plans. 2. The Engineer will utilize subsurface utility data throughout the design process. A good faith effort will be made to accommodate existing utility locations. Utility conflicts will be identified during the design process to allow for relocation. The Engineer will coordinate with utility providers on necessary relocations. The Engineer shall include the existing utility information in the plans. 3. The Engineer will provide plan and profiles, culvert layouts, cross sections and other sheets as required to utility providers to assist them in any relocation efforts. 4. The Engineer will be present at all utility meetings. B. ROADWAY DESIGN CONTROLS I. Miscellaneous Plans (a) A project title sheet will be prepared as required for the construction plans. 8 of 15 (b) A detailed index of sheets will be prepared that shows each sheets location in the plan set, as well as its corresponding sheet number. This index will be updated throughout the submittal process to allow for easier reference during the review process. (c) Project layout sheets will be prepared at a scale of 1"=200' that clearly indicates the limits of the entire project. (d) Benchmark layout sheets will be completed at a scale of 1"=200' that clearly indicate the benchmark locations and associated control information. These sheets will later be sealed by a RPLS for submittal. 2. Roadway Plans & Geometry (a) Existing typical sections will be completed depicting the existing conditions of the project roadways. (b) Proposed typical sections will be completed depicting the improvements to FM 3406 and cross streets. (c) A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for the project roadways to be included in the construction plan set. (d) The Engineer will develop Superelevation Data Sheets to be included in the construction plan set. These sheets will define the pavement cross slopes for FM 3406 and describe transition location and values. (e) FM 3406 plan and profile sheets shall be completed depicting the proposed construction. The plan and profile sheets will be prepared at a scale of 1"=100' H and I"=10' V. (f) The Engineer shall complete plan and profiles for the intersecting streets of Plantation Drive, Oak Hollow, and Chisholm Trail. (g) Supplemental grading sheets will be prepared at a scale of 1"-50' for areas of the project that will require additional grading information. It is anticipated that these sheets will be required in the location of the railroad overpass and cross drainage structure. (h) The Engineer shall provide plan sheets of removals at a scale of 1"=100'. Removal sheets shall indicate pavement and other pertinent items to be removed with sufficient detail to assure Contractor will have no problems understanding the intentions. Description of removal items including material shall be included. 3. Grading and Details (a) Design cross sections will be completed at 50 -foot stations and other locations as necessary for the determination of cut and fill quantities. These sections will also be used to further refine the design vertical geometry. Cut and fill quantities determined from the design cross sections will be shown on the plan/profile sheets. Cross sections will not be developed as a deliverable for phased TCP. (b) The Engineer shall complete intersection layouts for four (4) intersections. The intersection layouts will include the design of the pavement and drainage layouts. (c) Driveway details will be prepared for each driveway along the project corridor. When possible these driveways will be defined in a tabular format. Unique driveways will require individual details defining there construction. (d) The Engineer will develop driveway profiles as required for the project. These profiles will be developed to show driveway tie -back slopes, as well as limits for the contractor's information. (e) Miscellaneous roadway detail sheets will be developed for the project. The sheets will depict details required that are not defined in standard detail sheets. When possible TxDOT Statewide and TxDOT Austin District standards will be used for the project development. C. Drainage 1. Culvert Hydrology and Hydraulic Analysis (a) DATA COLLECTION — The Engineer will collect and review the existing hydrologic and hydraulic analyses for the existing culverts under FM 3406 from FEMA and the City of Round Rock. The Engineer will conduct field investigations to observe existing channel characteristics and bridge/culvert structures. The Engineer will assess channel and overbank roughness values using field notes and photographs. (b) HYDROLOGY / EXTERIOR DRAINAGE AREA MAPS— If existing hydrologic models cannot be found in the FEMA library or from City of Round Rock records, then the Engineer will define drainage area boundaries and characteristics and existing conditions hydrology for the cross -culvert. Peak runoff will be computed using HEC -I -IMS in accordance with the TxDOT Hydraulic Manual. (c) HYDRAULICS — The Engineer will analyze existing and proposed conditions culvert hydraulics for cross -culvert structures within the proposed construction limits using HEC -RAS. The Engineer will summarize the relative impacts to computed water surface elevations between existing and proposed 9 of 15 conditions. The Engineer will design the proposed improvements such that there will be no significant impacts to adjacent properties. (d) CULVERT HYDRAULIC DATA SHEETS — The Engineer will prepare culvert hydraulic data sheets for the crossing. (e) HYDRAULIC REPORT — The Engineer will prepare preliminary and final hydraulic reports summarizing the methodology used in the hydrologic and hydraulic analyses. Results will be tabulated and presented. Preparation of FEMA applications for a Conditional Letter of Map Revision (CLOMR) and/or Letter of Map Revision (LOMR) are not included but can be provided for in a supplemental agreement. 2. Storm Sewer Design (a) Interior drainage area maps will be finalized at a scale of I"=100'. These maps will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run-off information from the calculation sheets. (b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with TxDOT's Hydraulic Manual and shown on the run-off and inlet computation sheets in WinStorm format. (c) Storm sewers will be analyzed and computations will be prepared for the storm sewer design in WinStonn format. (d) Drainage plan and profile sheets will be completed depicting Locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. These sheets will be prepared at a scale of 1"=100'. Storm sewer profiles will be prepared at a scale of 1"=100' H and 1"—l0' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information, and locations and sizes of inlets and junctions. (e) Lateral profile sheets will be developed for the project storms sewer systems. These sheets will be developed at a scale of 1"=100' H and 1"=10' V. (f) The Engineer will prepare a tabular ditch layout schedule that depicts pertinent information about the roadside ditch geometry and design. This table will include station, offset, flow line elevation, ditch lining material, as well as ditch bottom width. The tables will be shown on the drainage plan sheets. (g) The Engineer shall provide drainage design details for "non-standard" drainage structures in instances where TxDOT standard details cannot be utilized. The Engineer shall use TxDOT standard details where practical. (h) The Engineer will identify areas within the construction of the storm sewer and culvert construction that will require trench protection or special shoring. 3. Water Pollution Abatement Plan (WPAP) Preparation (a) Project Setup and Data Review Engineer will obtain and review all available data on the existing and proposed roadway design and site geology, including engineering plans and geologic reports. An initial field visit will be conducted in order to inspect the site and identify and evaluate potential locations for water quality Best Management Practices (BMPs). The geologic assessment will be performed by others. (b) Pollutant Removal Calculations and Design of Water Quality BMPs Engineer will perform the required total suspended solids (TSS) pollutant load calculations and choose the most appropriate and cost effective permanent BMP for water quality treatment. Runoff from the proposed roadway improvements will likely be treated using a structural BMP. An existing sedimentation -filtration pond located adjacent to the project site will be evaluated as a potential treatment option. Options including increasing the capacity of the existing water quality pond or constructing a new pond will be evaluated in order to determine the most cost effective solution. Best Management Practices will be designed according to the TCEQ's technical guidance manual Complying with the Edwards Aquifer Rules — Technical Guidance on Best Management Practices (RG -348, July 2005). The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted runoff from the project site during construction will be evaluated to ensure compliance with TCEQ Edwards Aquifer requirements. It is assumed that the design of temporary controls, including an erosion and sedimentation control plan, will be included as part of the SW3P. 10 of I5 (c) Draft WPAP Document This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form (TCEQ-0587); • The Geologic Assessment Form (TCEQ-0585) (prepared by others); • Water Pollution Abatement Plan Application Form (TCEQ-0584); • Temporary Stormwater Section (TCEQ-0602); • Permanent Stormwater Section (TCEQ-0600); • Agent Authorization Form (TCEQ-0599); • AppIication Fee Form (TCEQ-0574) • Core Data Form (TCEQ-10400) This task will not include the preparation of engineering drawings, plans, specifications or bid document packages. The required engineering drawings and plans wilt be obtained from the CPY roadway design team and included in the WPAP submittal as required. (d) WPAP Submittal and TCEQ Coordination The WPAP will be submitted by CPY to TCEQ Austin Region 11 staff for review and approval. CPY will coordinate with TCEQ during the review process and address any issues that may arise. CPY will promptly respond to and address any review comments from the TCEQ with the goal of obtaining TCEQ approval in a timely manner. Coordination with TCEQ will also be provided during the construction phase of the project in the event that any WPAP compliance issues arise. Once the construction phase is complete, CPY will submit to the TCEQ the required notification that the terms of the WPAP have been satisfied. (e) Project Coordination This task involves time for coordination with the Project Manager and Administrative Assistant to prepare project management reports, invoices, and other administrative activities. 4. SW3P and Erosion Control (a) Erosion control plans will be prepared for the length of project. Temporary storm water management devices will be needed to minimize the sediment runoff during construction of this project. The anticipated design components to be utilized on this project are silt fence, sand bags, rock filter dans, sediment traps, and construction exits. One temporary erosion control plan will be developed with notes that indicate that the contractor is responsible for phasing the devices along with the construction sequencing. Permanent erosion control measures will be included on these sheets as well. (b) A Storm Water Pollution Prevention Ilan (SW3P) will be prepared for this job in accordance with TCEQ regulations. These sheets will consist of the TxDOT SW3P text sheets that summarize erosion control measures. (c) Erosion control details will be prepared for any related items that are not covered by TxDOT standard details. D. SIGNING, MARKINGS AND SIGNALIZATION 1. Signing and Pavement Markings (a) Signing and Pavement marking layouts will be prepared at a scale of 1"=100'. These layouts will depict striping and delineator type and location, as well as MBGF location, lengths, and end treatments. Each sign will have a corresponding number that will relate that sign to the sign summaries. (b) Pavement marking details will be prepared for instances in which the State's signing and striping standards do not apply, or are not appropriate. (c) Detail sheets for small signs will be prepared for non-standard signs. This sheet is intended to show the overall dimensions of the signs by determining letter size and spacing. Details will not be to scale. 11 of 15 2. Signalization (a) Traffic signal plans will be prepared for the following locations: (i) Modification of existing signals at the intersection of FM 3406 and Plantation Drive. (ii) Modification of existing signals at the intersection of FM 3406 and Chisholm Trail. (b) The signal plans will be prepared at a scale of 1"=40' and will indicate existing conditions, location of signal poles, conduit, ground boxes, existing and proposed traffic control devices (signs and markings), existing utilities, and proposed roadway improvements. (c) Illumination will be installed on signal poles for safety lighting purposes. (d) At each location, the illumination and signals will utilize separate circuits from a single electrical service. The Engineer will confirm the power source. (e) The signals will be video actuated, utilizing mast arm design. (f) Phasing and wiring plans will be prepared for the traffic signal installations. (g) Traffic signal elevations will be prepared showing the vertical clearance required for the mast arm design. (h) The Engineer will coordinate with the City in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify potential overhead utility conflicts, and coordinate with the City and the utility company to help resolve the conflicts. (i) in the event that additional signals are warranted by the City, the design and plan production for those facilities will be addressed through a supplemental agreement to this work authorization. E. MISCELLANEOUS ROADWAY 1. Retaining Walls (a) The Engineer will investigate each wall location and determine what the most suitable wall type is for each application. (b) The Engineer will provide a location plan of all walls at a scale of 1"=200'. The intent is to show the location of all walls in plan including the wall designation and beginning and ending stations. (c) The Engineer shall prepare retaining wall layouts at a max scale of 1"=40'. The layouts will show plan and profile views of the retaining wall. (d) The Engineer will prepare structural details for non-proprietary wall designs (i.e. Tie -back, soil nailed, drill shaft). 2. Traffic Control Plan (a) Traffic control typical sections will be prepared for each stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic barriers and pavement markings will also be shown and dimensioned. (b) The Engineer will develop overview plans for each stage of traffic control, These plans will act as key maps for each phase of TCP and shall be developed at a 1"=400' scale. (c) The Engineer will prepare 1"=400' plan layouts of all advance warning signs for FM 3406 and all cross streets. (d) A detailed narrative for the sequence of construction and traffic control general notes will be prepared and submitted to the City for review and incorporation into the plans. The narrative will include a phase - by -phase, step-by-step written account of the proposed activities throughout the construction process. This is intended to be a narrative account of the activities shown in the traffic control plan Layouts. (e) Detailed traffic control plans will be prepared at a scale of 1"=100'. These plans will be developed based on the City's approval of the conceptual plans developed at the schematic design level. This plan will describe the maintenance of traffic and sequence of work for each phase of the proposed construction. Detour alignments, location of work areas, temporary paving, temporary shoring, signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during each phase of construction. (f) Detour layouts will be prepared showing plan & profiles where required to define the geometry for detours required in the traffic control plans. When widening is required that can be defined based on existing pavement slopes, a detour profile will not be prepared. These layouts will be prepared at a scale of 1"=100' H and 1"=10' V. (g) The Engineer will prepare temporary shoring profiles for temporary shoring required during construction sequencing. These profiles will be prepared at a scale of 1"=100' H and I"-10' V. Existing ground and top of shoring will be depicted on these sheets, as well as existing ground and top of shoring elevations indicated every 50 feet. 12 of 15 (h) Traffic control details will be developed for items not covered by State standard drawings. (i) The Engineer will attend one meeting to present the traffic handling scheme to the TxDOT's Safety Review Committee. The Engineer will be responsible for incorporating the comments of the Safety Review Committee in the traffic control plans. Additional scope of services for items such as public presentations of the traffic handling plan or any additional meetings will be handled through a supplemental agreement to this scope of services. (j) An Engineer's opinion of construction schedule will be computed in order to determine an approximate duration for each of the phases of construction. The schedule will be prepared using SureTrak. 3. Illumination (a) The Engineer will indicate safety lighting along the project corridor. Safety lighting will be shown only on the continuous lighting layouts. (b) The Engineer shall provide electrical circuit plans and details for the roadway lighting systems within the project limits. (c) The Engineer will coordinate with the State in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify potential overhead utility conflicts, and coordinate with the State and the utility company to help resolve the conflicts. 4. Quantities Quantities will be tabulated for each of the following and as necessary to bid this project: (a) Traffic Control (per each phase) (b) Earthwork (c) Roadway (d) Retaining Walls (e) Removal (f) Drainage related items including inlets, manholes and storm sewer pipes (g) Small / Large Signs (h) Pavement Markings (i) Signals (j) Illumination (k) Erosion Control and SW3P 5. Summary Sheets Quantities that are calculated will be tabulated on individual summary sheets for inclusion in the construction plan set: (a) Traffic Control (per each phase) (b) Earthwork (c) Roadway (d) Retaining Walls (e) Removal (f) Drainage related items including inlets, manholes and storm sewer pipes (g) Small / Large Signs (li) Pavement Markings (i) Signals (j) Illumination (k) Erosion Control and SW3P 6. Standards, Specifications and Estimate (a) The Engineer will download the appropriate TxDOT standards for the project from the State's web site. Standards that require modification will be corrected and sealed by the Engineer. All other standards will have their title blocks filled out with the applicable project data and printed for inclusion in the final plan set. The Engineer will utilize TxDOT Austin District when applicable. (b) A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS&E package. 13 of 15 (c) The Engineer will review general notes provided by the TxDOT for applicability to the project. The Engineer will mark-up a set and return it to the City for their inclusion in the final plan set. The Engineer will work with City and TxDOT to complete the basis of estimate prior to beginning quantity calculations. (d) An opinion of probable construction cost will be prepared at the 30%, 60%, 90% and prior to final PS&E submittal, and supplied to the City in Microsoft Excel format. Opinion of probable cost will also be broken out for each bridge class structure. F. BRIDGE DESIGN 1. Condition Survey (a) The Engineer will conduct one site visit to perform a condition survey of the existing railroad overpass. (b) The condition survey will identify structural deficiencies such that a reasonable service life cannot be expected with normal maintenance. Conditions of the foundation, substructure and components of the superstructure should also be noted in this survey. The condition survey should include the following: (i) Review existing plans, inspection reports, load ratings, and BRINSAP reports. (ii) Perform a load rating if plans indicate a design less than H20. Provide the load rating report, signed and sealed by a P.E., with the load rating calculations. (iii) Perforin visual examination of the structure for the following: • Settlement of the foundation • Spalling, cracking, or deterioration of the concrete and corrosion of the reinforcing steel in the substructure. • Any damage or defects of the beams and bearings • Unsound concrete, cracking, delaminations, or efflorescence indicating salt contamination and depth and corrosion of the reinforcing steel in the top and bottom of the deck • Deterioration of the overlay due to defects or damage in the underlying concrete • Provide photographs of the bridge ends, bridge elevations, bridge approaches, problem areas and upstream/downstream railroad traffic views. • Prepare condition survey with a review and analysis of the extent of the deficiencies and the feasibility of repair. (c) Evaluated various reasonable options of repair, replacement, and/or widening taking into account the associated costs. Associated costs will include estimate of bridge quantities and utilize the latest TxDOT bid codes and unit costs as of the date of the estimate. Proposed typical sections for the report will be drawn. (d) Make recommendation to City based on preferred alternative for approval. 2. Bridge Layout and Typical Sections (a) The Engineer will produce a bridge layout for a bridge describing either a replacement or widening of the existing railroad overpass (b) The Engineer will also prepare phased construction section sheets showing the phased construction typical sections as well as the completed typical section. (c) Bridge layout sheets shall have the same vertical and horizontal scale and shall follow TxDOT Bridge Division and Design Division manuals, specifications, and procedures. 3. Bridge Design and Details The Engineer will use Load and Resistance Factor Design (LRFD) on this project and will design all new bridge components for HL 93 loading. (a) The Engineer will perform design and prepare custom details for the abutments, bents and spans. (b) The Engineer will create miscellaneous details sheets for abutments, bents, spans and repair details, as necessary. (c) The Engineer will include appropriate TxDOT statewide standards. Modifications to the standards, if necessary, shall be clearly identified and designated by "MOD" in the standard title. (d) The Engineer will review the geotechnical report and determine final foundation design configuration. (e) The Engineer will compute the bridge quantities and produce a detail sheet summarizing these quantities. 14 of 15 (f) The Engineer will compute the necessary bearing seat elevations and include them in table format on the estimated quantity sheet. 4. Optional Design Services (a) For this scope of work, it is assumed the railroad overpass will consist of a concrete deck on prestressed concrete beams and will not require the existing overpass to be raised. If steel girders or a bridge raising is required, the additional work required for that design will be handled in a subsequent work authorization. V. PROJECT MANAGEMENT A. Project Management 1. Create and submit monthly invoices suitable for payment by the City. 2. Prepare monthly progress reports for submission with the monthly invoices to provide a written account of the progress made to date on the project. 3. Meet formally once a month with the City to review project progress. 4. Prepare project meeting summaries for applicable meetings during the project development process. 5. Meet with property owners, stakeholders, and the City staff as required through the project development process. 6. Establish and attend periodic progress meetings (approximately every two months) with other agencies, including TxDOT. 7. The Engineer will have internal meetings with the consultant design team every two weeks for the length of the project. It is assumed that these meetings will include key personnel from each discipline and will be required to discuss and resolve project issues. 8. The Engineer shall prepare and execute contracts with sub -consultants, monitor sub -consultants activities (staff and schedule), complete monthly reports and review and recommend approval of sub -consultant invoices. VI. BID AND CONSTRUCTION SERVICES Bid and construction phase services will be performed under a supplemental agreement once the construction schedule for the project is determined. 15 of 15 EXHIBIT C Work Schedule Duration Completion Date Notice to Proceed N/A Sep 28, 2009 Initial Data Collection 7 Oct 5, 2009 Topographic/SUE Survey 49 Nov 23, 2009 Schematics 91 Feb 22, 2010 30% Plans Submittals 42 Apr 5, 2010 City Review of 30% Plans 14 Apr 19, 2010 60% Plans Submittals 49 Jun 7, 2010 City Review of 60% Plans 14 Jun 21, 2010 90% Plans Submittals 42 Aug 2, 2010 City Review of 90% Plans 14 Aug 16, 2010 100% Plans Submittal 35 Sep 20, 2010 Plans on Shelf 0 Sep 20, 2010 EXHIBIT D Fee Schedule For the services described under Exhibit B, we request compensation on a lump sum basis for all services except Task II - Social, Economic & Environmental Studies and Public Involvement. Task II services will be performed on an hourly basis with the not to exceed amount (NTE) included below. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours and costs per function code are shown on the following pages. ESTIMATE OF MAXIMUM COMPENSATION - (See attached summary) SALARY COSTS - LUMP SUM Project Principal 22 Hrs. @ $70.00 = $ 1,540.00 Project Manager 618 Hrs. @ $55.00 = $ 33,990.00 Project Engineer 752 Hrs. @ $42.50 = $ 31,960.00 Design Engineer 962 Hrs. @ $36.25 = $ 34,872.50 EIT 2,950 Hrs. @ $30.00 = $ 88,500.00 Chief Hydrologist 43 Hrs. @ $55.00 = $ 2,365.00 Senior CADD Operator 346 Hrs. @ $34.00 = $ 11,764.00 Aclmin / Clerical 54 Hrs. @ $21.50 = $ 1,161.00 $ 206,152.50 SALARY COSTS - TASK II HOURLY NTE Environmental Manager 95 Hrs. @ $55.00 = $ 5,225.00 Sr. Environmental Specialist 20 Hrs. @ $38.50 = $ 770.00 Environmental Specialist 109 Hrs. @ $27.50 = $ 2,997.50 Sr. Architectural Historian 11 Hrs. @ $49.00 = $ 539.00 Biologist 72 Hrs. @ $28.50 = $ 2,052.00 GIS Specialist 129 Hrs. @ $24.00 = $ 3,096.00 $ 14,679.50 SALARY COSTS SALARY COSTS - LUMP SUM $ 206,152.50 SALARY RELATED COST (185.00 %) $ 381,382.13 TOTAL LABOR COSTS $ 587,534.63 FIXED FEE (12%) $ 70,504.16 $ 658,038.79 SALARY COSTS - TASK II HOURLY NTE $ 14,679.50 SALARY RELATED COST (185.00 %) $ 27,157.08 TOTAL LABOR COSTS $ 41,836.58 FIXED FEE (12%) $ 5,020.39 $ 46,856.97 TOTAL SALARY COSTS $ 704,895.76 1 of 2 EXPENSES Miscellaneous Expenses Subtotal S 4,193.00 Subconsultant Expenses Fugro Consultants, Inc. $ 16,601.00 Inland Geodetics, Inc. $ 41,122.00 SWCA $ 12,850.00 Subtotal $ 70,573.00 TOTAL EXPENSES S 74,766.00 TOTAL SALARY COSTS + EXP AMOUNT PAYABLE S 779,661.76 2 of 2 Exhibit D FM 3406 Roadway Improvement Project IH -35 SBFR to Creek Bend Blvd. City of Round Rock Task Description Total Cost TOTAL LABOR COSTS: I. ROUTE AND DESIGN STUDIES 11 SOCIAL, ECONOMIC & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT III. SURVEYING SERVICES IV. PS&E V. PROJECT MANAGEMENT VI. BID AND CONSTRUCTION PHASE SERVICES - NOT INCLUDED AT THIS TIME $ $ $ $ $ 64,334.76 43.52 4,436.88 539,709.75 53,770.85 SUB -TOTAL LABOR EXPENSES $ 704, 895.76 SUMMARY... TOTAL LABOR COSTS EXPENSES $ 704,895.76 4,193.00 TOTAL CP&Y FEE SUBCONSULTANTS 709,088.76 Fugro Consultants, Inc. Inland Geodetics, LP SWCA Environmental Consultants $ 16,601.00 41,122.00 12,850.00 GRAND TOTAL FXHIBIT D revised.xis $ 779,661.76 Page 1 of 9 • O � m w o s- zi 0. w C — V O L � >, O D - (4- ° 0 u Om C U M � LL Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. 8 • e J o 0 m 04 8 O co co N O 88 6.5 ma CO N CO 2 N 0.40 N N 0. w 04 0 O N 0 0 O w 00,000 00000 (00 V)0N I� tO h W N 69CO a CO 0 O 04 co co N nm 0 a O COcv 00 Ig co id:4r; 0 N r w 03 w N Lo m e9 N N a O 0. N O N N O N N N N m 0 2 0 0 CO 0 N 0 0 CO 1888818 N O (V O J O O N00-00 On m(01 -N t:ONNN 69.6904969 O G � C 8 Ol W O CO 00 CO N W 04 W 0 O t00 O N N O '4)00 MMsM� M 70 00 m N Y1� n ` .' 0 c to Lo Co 0 0 0 4, m CO 0 0000(00 L0 O o O 0 m OMC)Mm m O m r m mar -coo N0(p ti N NNHl 49 U g' §2 c d g l() w co N 0 N N N N n co N N V m v 0 x 0 0 0 t V 04) mom r O00) (0'} M N oI o V O m r N N NN 07 NN m0 b O' c °• a S st m a O 0 goo, Nr 00)0000 r O r CO r N CO 19 N N N O N M Task Description H (x? u s and submittals cc 0 `31'21 F 0 O E 0 aLo Y O m -e zu +`r" U i. O d . 0al Cy. ooa`o N L m ` t� oa,c• V ovf0iccxiIr" 8E2ro § 9 ggti' 3 r• cv"pTo -.0 -,-1,1-t.7643 cout m.3v �i�cci yUI q c_ o ! O O a d '45 o x u `OIO o�2 O Omi •c 4) 4)4 �v8.1388,7; ,��1ml Rco O O O E 8.13 0 O,-' -� .. O, �I 3 3 U 0000000' 0 Ola. vO'&. m' V r NM7'000m0)0,..,..,o-,.,—.0 (00000000000'00�00(0 0 fEEJ s m I. - SUBTOTALS MOBfr D_rrl;ed.Rf. Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. 0 69 0 W v4 sr o� ot vi 0 69 69 0 0 69 69 0 4, o 00 iris 69 w 0�y Nct (9 oo O 0 N c0 69 69 0 O of 0 69 0 0 (V t0 0 0 CO Fn 0 3 69 3 69 O CO on (O O CO O 0 (0 CO N 0) (11 h O Ve U N 0 64 03 CO on M N O O N 0) 0 0 0 M N 0 (0 CO c0 - (0 N. M (0 0) N N N N O O M (n c0 69 69 69 f9 -4- co W co 0) 69 (0 0) O O O O N 69 O a V N N CO co 00 co N 0 0 0 0) h 0 N N 0` • ) N 0 0) of 0 •t O 0 ti W N M ui (9 (9 (9 69 0 U) 111 0)0) [U cf09 00LO LO CO CO N 69 on 0) O G9 v N r -- c !� O @ > 0 c W Lo ti N c O 2 N 8 c .> 'U O c 4,1 Q 69 O O Task Description Q Q c 0 rn a)c U 0 1 s Q co w m E 0 Q E a a 0 v C ▪ co in E 3 0 m °) 06 a � 8 °) e) o a — m d CO O O .0c e) 0) • t N X 0 :a m 04);p= c O — 'O 0 - N T3E c c0 -c N a0o O N o y o�nt z c O 0)rn0' Eifal U 2t CDC:75 in R oS . ..U o ((4p) `) 0 N A N 0 co m O a d a a CO ' 0 0"U U Q O 0) 0) O CO O K N M O 0) v t(Cv 0) N N O N N 00 CO M (0 69 0 0 0 o -4- 0-4 O N N (9 O N V 0) N- • V N N 69 69 69 N CO of 0) CO N: N M N. O N N N ((i `R Oi N O N N M O 0) N M V m��� 69 69696969 ui 0 W IXHIB1T D_rovised.xl, 0 a> c co G� '0 d • W ce Qga -0 o >,00 R{ w 4- 3�0 u. O • 010 c CO Ci M Z a .a W Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. 3 O 0 3 10- 69 w w w of 0 `0 0 a.. w 00 • t7'h 0 M 0 a g 3s O Y u E <0 f w 2 C 0 C 8 it U O O � _O 00 'o 0 04 0 0 to w 8 69 Task Description 00 CO O 0 N N w .2 a 0 0 111. SUBTOTALS CO O O O 6,1 69 6969 taw 69 69 69 69 w 6969 6969 w 0 N N p 0 V 69 69 69 69 00 69 `-800001 .003C0003 04 0 0 0 CO 'p N 7 f0 V Y O 0 69 69 69 69 69 6969696969 0 ari m J ERHIBR D fevlsedXI; X 4-40 > N • 73EC y N V > ca O , Q 0 C - U 0 • o 3 `. ceo R o U U W 141M M � a LL Foe Schedule/Budget for Chiang, Patel & Yerby. Inc. o 9 BS c u <0 u0) 0o8g0�g $'g8* 3 8 M W 1') 8 8 g 8 w 00g88i000ON I it: 0OR1 1D N�N r WWWNNWNY) a 8 a 8888 1q NNnv) Nor v N V 0 0 0 U0 E O Q O 01 0 0 C o T F W C O yf G C O � toc L � Q c aE gt O my C 0 0 a 8 N 8 8 N 8 0 N 0 Q a N 10 N O '0 N N (V N b Q Y N 1'D '0 Y N N m 10 N CV M R r. W Nr ID V cv O 10 N N 1n' a V =� y u r R a Y N co n CO V N 8 W ID 1D o�W 10 W 0- Y O N V N a N N N M W ryf0(O(0 W OD00010 N co V. N Y •T N N N 7 N N N N b M N m CO V n (9N Task Description 8 0 E 0) Q co N N y =64t8 fl2iT W >>a 100 o a 0 J - U pp` W O g O y C �c Qom,�b N T x-10 mg4 ' a � "g s Ca 0 0.0 COT.gi m 0 0 0 0 w m.0 pp Q <849 m z E m p O wow 0 0 Q▪ % • O • a.• m N = Y d O JCin 0. N C o `x a 0 ,o▪ ma. O U re CO CO M M Lt. Fee Schedule/Budget for ChIans, Patel & Yorby, Inc. 2 7 41 +l CO 00'd(0 H01C(4 CO CO NNN t-0 CV'0 0 0 01 V N CO ry 0 a 0 2 8 4 H C (p 0 W : � a P 8 gg Task Descrlptlon W • a ?M CW d 73 ye E dl 0 • m o Q d C - U o >, it • . 73 RI LL o m0 rY to M O , a u.. 3- 0. 0. 0 Schedule/Budget for Chian LL IV N 1888 is$ 8, N N 888888 , 8888880 NNN(VNN, 0 0 N OL q e $ F.. '.: rri N (�Y co 04 4 h f0 N`n (,O 2 f00 Q (Y - N g g 0 N NO NN I --N Oi N VCQ 4, V fY (YEN M lit 4, M MMMN N .T. V 8 N N Q O 4i Vi O co 01 CI '0 4, O N N V (O f co) 40 G C C4 m NN.-NN,- N iq S C co 10(8NNN CO 0 0 010 1O " 0 C. 0 N 4, v a N N'. v N op 100 0Y Opi O MN CO ui.4 m mo,CO W z Q Q<1a 3z'zz (8(8(8 N N N 00) 0 c 8 M exHim7o rvIsedXs a w '13• ��. W O • • E > O d.U CU U CO ce to M u_ O 1- CO 6A aO N w O O co 69 O O M N O O 0 O O (0 h fA O N 0 0 h 69 $ 16,845.50 $ 53,770.85 6 e F J T O M 0) co i (0 co V V N N (0 CO M V N N CO N M c OO O) > co wt° O ui >n 69 N N ✓ O O O V N 0 0 0 '[Y N V t00 U) M 1"- N M M N N N (0 M c u E <0 O N 69 N N O (40 O O f0 44) 0 M M co co N 00 m r O r M r N M 49 (A v) (9 tO O 0, M F O O M 69 N V 0 0 0 v 0000 NI O N N O N M (4) V h M O N 03 N hE co CA N N M 69 69 69 C CA N 151 c N M 47 O H 0 0 CO CO M M 0 O M O m 6- m 0.- 0 `O O O M r N M W 69 0 69 M (9 -44 d O •Th c 0 tO N N r N N COY CO 0 0 0 CO • O0 (0 - O r r O CA W O 0v00 '9 03 (0 69 69 E9 N v w V N Q' g' O c co 10 O N N N N W 00 O O 0 CO M O N O I, - Lc; N Q V M 0) N O O O 10 t) r N N 69 /A NA CO CV E` CVCV V 69 CD 45 0 0 0 0 v O O 0 (0 N t- 0) K 69 69 0 69 63 V PROJE MANAGEMENT. N E 6) C N 0 v "(cp c Ca V C 0/ o (a x ( !.s 4() E 0 00 o N 06) 09 4) E 0' c m 2 0 E E gE Etc EGO y r • CD c a O N CO c 0) N O�"v0NO• y IX O H E a) e' , 2' <a :5 01 03 Crif N d 'd T N il c 0 c% 0 a� a� w 5� i 1 4 • () <T N O 1� CO 0 G) 0 U N a Q O Y9 CO w J Q Z 0 1-pa0 • U [b m 0 m CUCCg w (21 w N w 0 2 > 0 X moo} -w EHIBITD revsadxl;• Exhibit D FM 3406 Roadway Improvement Project IH -35 SBFR to Creek Bend Blvd. City of Round Rock Expense Item Unit .X17"-MYlari- IJ2 X 11" 8%W Paper Copies 11" X>17 BIW Paper Copies 11 Color Paper -Copies 11 X 17' Cotdr_Pa.or Gc Fax Coptes f=ilm and Development = 1j sheat sheet Unit Cost Amount S= Total Cost S'= 0.00 6:00:; 300.00' 300.00} Oversized Digital Color Prints Standard Posjae Express Mail {Standardj• Exp(e55Ma11(Oversized):; Detivenes Airfare aacn r. =each Mlleae GPSRentai HazMat Database Search` Newspaper Publcc Notices - Roun4 Rock (?), Austin (2) Miscetlaneous'f roject.Retated Expenses _ SUBTOTAL DIRECT EXPENSES d1 00;> 0:00': ;550:` 0A00" 200:000': 200.000` :at cost 5;. 50.00 00.00.< 407.00`; .200.00, $ 4,193.00 EXHIBIT D_revlsed.xls Page 9 of 9 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE PRODUCER: McLaughlin Brunson ins. Agency, LLP 6600 LBJ Freeway. Suite 220 Dallas, Texas 75240 Phone: 214-503-1212 E-mail: INSURED: CP&Y. fns: Chiang, Patel & Yerbv. Inc. 1820 Renal Row. Suite 200 Dallas, Texas 75235 Phone:214.638.0500 E-mail: Date: 5/29/2009 TDI number required. Please refer to the Texas Dept of Insurance website: )1t1p:/1vrww.tdi.state.tx.usl THIS IS TO CERTIFY THAT the Insured named above Is h sured by tho Companies listed above with respect to the business operations hereinafter described, for tho types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter doscribod. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A - GENERAL LIABILITY PACP1951L895 6/1/2009 6/1/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. 5 2.000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 O - AUTOMOBILE LIABILITY 8A3865M855 6/1/2009 6/1/2010 COMBINED SiNGLE LIMIT S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ B - WORKERS' COMPENSATION UB5609Y775 1/1/2009 1/1/2010 AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $ 500,000 DISEASE - EACH EMPLOYEE $ 500.000 C - PROFESSIONAL LIABILITY DPR9618640 4/1/2009 4/1/2010 53,000,000 Per Claim / Annual Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(SPECIALITEMS/EXCEPTIONS -m Bairn:nude proRssiorotliability coverage is the tool aggregate limit dv oft claims pre sMted within the ro:icy period artd is subject tom Jnluctib!e Tho City of Round Rock Is named as additional insured with respect to ail policies except Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies bo cancelled or changed before the expiration dato thereof, the issuing company will malt 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 N IUREOFA N'rt> CENSED 1 TATE OF TEX S Patrick Typed Name: Agent Page 2 00650 — 1-2008 Certificate of Liability insurance COMPANIES AFFORDING COVERAGE TDI A Travelers Lloyds Insurance Company 93788 B Travelers indemnity Company 83800 C XL Specialty Insurance Company 5241 D Travelers Indemnity Co, of Connecticut 83830 THIS IS TO CERTIFY THAT the Insured named above Is h sured by tho Companies listed above with respect to the business operations hereinafter described, for tho types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter doscribod. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A - GENERAL LIABILITY PACP1951L895 6/1/2009 6/1/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. 5 2.000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 O - AUTOMOBILE LIABILITY 8A3865M855 6/1/2009 6/1/2010 COMBINED SiNGLE LIMIT S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ B - WORKERS' COMPENSATION UB5609Y775 1/1/2009 1/1/2010 AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $ 500,000 DISEASE - EACH EMPLOYEE $ 500.000 C - PROFESSIONAL LIABILITY DPR9618640 4/1/2009 4/1/2010 53,000,000 Per Claim / Annual Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(SPECIALITEMS/EXCEPTIONS -m Bairn:nude proRssiorotliability coverage is the tool aggregate limit dv oft claims pre sMted within the ro:icy period artd is subject tom Jnluctib!e Tho City of Round Rock Is named as additional insured with respect to ail policies except Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies bo cancelled or changed before the expiration dato thereof, the issuing company will malt 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 N IUREOFA N'rt> CENSED 1 TATE OF TEX S Patrick Typed Name: Agent Page 2 00650 — 1-2008 Certificate of Liability insurance DATE: October 1, 2009 SUBJECT: City Council Meeting — October 8, 2009 ITEM: 9E3. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with CP&Y, Inc. for the FM3406 Roadway Improvement Project. Department: Staff Person: Justification: Transportation Services Tom Word, P.E., Chief of Public Works Operations The FM 3406 Roadway Improvement Project will widen the existing roadway from an undivided four - lane roadway to a four -lane divided roadway with curb and gutter sections. The project will also include the widening of the existing overpass at the Georgetown Railroad located within the project limits. The Contract for Engineering Services will provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, right-of-way mapping, and schematic development, preparation of plans, specifications and estimates for this project. Funding: Cost: $779,661.76 Source of funds: 4B — Round Rock Transportation Development Corporation Construction Outside Resources: CP&Y, Inc. Background Information: The rapid growth on the northern boundaries of the city has caused increased traffic congestion over the years. This has also lead to safety issues for drivers and pedestrians alike. The widening of this portion of roadway will alleviate congestion and reduce safety concerns to the public. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS 'ROUND ROCK, TEXAS PURPOSE. PASSSON. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC. ("Engineer") ADDRESS: 10415 Morado Circle, Bldg I, Suite 200, Austin, Texas 78759 PROJECT: FM 3406 Roadway Improvement Project THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 813 day of vL—+�" , 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 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 10/08 0199.7126; 171576 00064494 TX04FM3406 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The arnount payable under this Contract, without modification of the Contract as provided herein, is the sum of Seven Hundred Seventy Nine Thousand, Six Hundred Sixty One and 76/100 Dollars ($779,661.76) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such rnonthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Bill Stablein Project Manager II Transportation Services Department 212 Commerce Boulevard Round Rock, Texas 78664 Telephone Number (512) 218-5562 Fax Number (512) 218-3242 Email Address bstablein@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg I, Suite 200 Austin, Texas 78759 Telephone Number (512) 349-0700 Fax Number (512) 349-0727 Email Address jpenn@cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as inay be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of' Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result frons the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement 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 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient tines. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg I, Suite 200 Austin, Texas 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS AP' ' VED AS By: Alan McGraw, Mayor ATTEST: By: Sara L. Wh' CP&Y, IN By: y Secretary Sig Pi•i of Principa me: 3', 3 {Zo oh s 14 Steph n L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will furnish to the Engineer the following information and/or perform the following tasks: 1. Provide any existing data the Owner has on file concerning the project, if available. 2. Assist with the coordination of any required public involvement and attend one-on-one meetings with Old Town Elementary School staff and committees, neighborhood groups, local businesses and attend an open house. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, neighboring Cities and/or other franchise utility companies. 4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 5. Meet on an as needed basis to answer questions, provide guidance and offer comment. 6. Provide construction inspection and construction testing services including coordination and scope of services. EXHIBIT B Engineering Services The FM 3406 Roadway Improvement Project will widen the existing FM 3406 Roadway from an undivided four -lane facility to a four -lane divided urban roadway. The project also includes the reconstruction/widening of the existing overpass at the Georgetown Railroad located within the project limits. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, right-of-way mapping, schematic development, preparation of plans, specifications and estimates for the project. Design services related to the design and plan production for this project will be performed in accordance with the latest available TxDOT manuals from the design collection located on the TxDOT website. The roadway will be designed based on (4R) design criteria. The development of the project will be consistent with TxDOT design procedures and practices. This project will be developed utilizing Microstation V8 and Geopak 2004. The tasks and products are more fully described in the following TASK OUTLINE. TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION 1. Coordinate with the City of Round Rock, TxDOT Austin District and Williamson County to obtain pertinent project information. Meet periodically with project stakeholders to gather information and provide updated project information. 2. Perform field investigations of the project. These investigations will include site visits to the project site and adjacent area to gather pertinent information relating to the corridor. Field investigations will also be performed to review individual property locations and the impacts of the alignment to that property. 3. Develop a photo inventory of the project site for reference in project meetings, discussions with stakeholders and discussions with developers, etc. during the project development. 4. Gather and review information from TxDOT including existing FM 3406 plans, project files, automated road inventory sheets, PMIS data, existing geometric conditions, existing typical sections, existing drainage facilities, existing bridge and culvert data and traffic data. 5. Gather and review related existing and draft studies from City of Round Rock and TxDOT, including traffic signals and Environmental studies in the project vicinity. Meet with City of Round Rock and TxDOT personnel to discuss future plans potentially impacting the project. 6. Gather and review information from various planning documents such as the CAMPO 2030 plan, Texas Transportation Plan, Transportation Improvement Plan and City of Round Rock master street/road plans impacting the project. 7. Obtain FEMA Flood insurance maps and corresponding studies from FEMA relating to the project corridor drainage features. B. GEOTECHNICAL INVESTIGATIONS 1. Perform eight (8) borings spaced at approximately 500 feet apart, along the proposed lanes. Four (4) of the borings will be drilled through existing pavement and four (4) will be drilled in the right-of-way to a depth of seven (7) feet. In addition, two (2) bridge borings will be drilled to approximately 55 feet deep at the proposed abutment locations and one (I) culvert borings will be drilled to approximately 20 feet deep. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. 1 of 15 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S.C.S. Soil Classification (b) Atterberg Limits Tests (c) Sieve Analysis (d) Soluble Sulfate Content (e) Moisture Content (0 Unconfined Compressive Strength 3. The Engineer will coordinate with locator service to determine existing utility locations. 4. The Engineer will prepare a geotechnical report that will present recommendations for the design of the bridge foundation. The geotechnical report will include: (a) 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. (b) Boring location plan. (c) Recommendations for bridge foundation type, including allowable bearing pressures and depths, and associated settlement. (d) Recommendations for culverts including allowable bearing pressures and equivalent lateral earth pressures. (e) Equivalent lateral fluid earth pressure and global stability recommendations for retaining walls associated with the planned grade separation at the railroad crossing. (f) FIexible pavement thickness design in accordance with TxDOT FPS -19 Design. (g) Methodology with a mechanistic check, and based on provided traffic loading information. (h) General foundation and pavement construction and earthwork requirements. 5. The Engineer will meet with the geotechnical subconsultant on a regular basis to coordinate their work on the project. C. SCHEMATICS DEVELOPMENT 1. Develop the roadway design criteria to be discussed, revised and approved by the City, as well as TxDOT. This set of criteria will be based on Chapter 3 of the TxDOT Roadway Design Manual (New Location and Reconstruction (4R) Design Criteria). The criteria will be compiled and documented using the TxDOT Design Summary Report (DSR) form. 2. Prepare calculated horizontal geometries for the project roadways. 3. Prepare calculated vertical geometries for the project roadways. 4. Develop existing and proposed typical sections for inclusion on project schematics. 5. Develop preliminary schematic cross sections at 100' intervals. These cross sections will be for estimation of cut and fill quantities, as well as determining retaining wall locations and heights. 6. Determine retaining wall and bridge limits for the project roadway. 7. Develop a conceptual traffic control plan. Conceptual plans are intended to depict major phases of traffic control on scroll plots. These conceptuals will propose methods for constructability and can serve as a basis for future development of PS&E documents. 8. Work closely with the City and project stakeholders in developing median break and driveway locations. 9. Develop the proposed right-of-way limits required for the schematic design. 10. Perform preliminary hydraulic analysis/design to determine proposed location and sizes of major drainage structures. 2 of 15 11. Determine if any proposed drainage easements are required to adequately drain the proposed facility. 12. Striping will be depicted on the schematic layouts. Small signs will not be developed at the schematic phase of the project. 13. Determine and initiate any railroad coordination efforts at the schematic level. 14. Identify any necessary design exceptions or waivers required for the project. These instances will be recorded and reviewed with the City. t5. Engineer's opinion of probable cost will be developed for the project schematics. I6. Prepare schematic plots for the project corridor. Plots will include required elements suitable for submission to the TxDOT Austin District and the Federal Highway Administration. II. SOCIAL, ECONOMIC & ENVIROMENTAL STUDIES AND PUBLIC INVOLVEMENT All Environmental Reports will be in accordance with 43 Texas Administrative Code (TAC) 2.40-2.51, Council on Environmental Quality Regulations (40 CFR 1500-1508), Code of Federal Regulations, Title 23, Part 771, the FHWA Technical Advisory T6640.8A, and Highway Design Operations and Procedures Manual, Part II -B. A Programmatic Categorical Exclusion will be prepared for the proposed project. A. PROGRAMMATIC CATEGORICAL EXCLUSION A Programmatic Categorical Exclusion (PCE) shall be prepared in accordance with applicable laws, rules and regulations. 1. Environmental Document (a) The PCE document shall be completed by utilizing the Standards of Uniformity (SOUs) developed by ENV. (b) Environmental documentation to substantiate a Programmatic Categorical Exclusion (PCE) is assumed. Prepare an Enviromnental Document in accordance with the TxDOT Environmental Manual and the Austin District guidelines. The environmental documents shall be prepared using English units. (c) The PCE document shall include a cover sheet; proposed action; surrounding area; specific areas of environmental concern; permits/commitments; public involvement; exhibits, figures, coordination; and PCE determination. (d) Pertinent social and economic issues shall be addressed in the PCE; a separate report shall not be prepared. No significant impacts to land use, land planning or other socio-economic issues are anticipated. (e) Submit draft copies of the report for review. Color photographs shall be included in both the draft and final reports. Color photographs shall include the existing structure, natural resources, and potential historic resources. Assume all review comments shall be provided in writing. 2. Air and Noise Quality (a) General discussion of air and noise shalt be included iri the PCE. 3. Ecology Investigations (a) Conduct an ecology field survey and investigation to assess the site's impact on the ecological setting, soils, vegetation, wildlife, prime farmlands, endangered species, wetlands, and 4(0 and 6(0 properties. (b) A Registered Professional Geoscientist who is permitted by the USFWS to conduct karst surveys will search the right-of-way and appropriate adjacent areas where right of entry is obtained by for the presence of surface features which may be indicative of sub -surface habitat for endangered karst invertebrates or avenues for aquifer recharge as defined by the TCEQ. As required by the TCEQ the survey area for the geologic assessment will consist of the proposed right-of-way including the locations of water quality structures. The survey area for the karst survey (which concerns endangered species issues) will be slightly different since potential indirect effects are considered in endangered species impacts analyses and in potential Williamson County Regional Habitat Conservation Plan (WRHCP) participation. In 3 of 15 general, the current level of development adjacent to the roadway suggests that any karst invertebrate habitat adjacent to the roadway has been previously impacted and that compared to those impacts the effects of proposed roadway improvements would be discountable. Therefore, surveying individual residential lots for karst features seems unnecessary. However, two areas adjacent to the roadway have the potential for unimpacted or Less -impacted karst features. The first is the greenbelt area north of the ROW between Plantation Drive and the rail easement. According to maps prepared for the Williamson County Regional Conservation Plan a cluster of six caves occur in the vicinity of the greenbelt including one cave containing the endangered Bone Cave Harvestman (Texella reyesi). The mapped locations of these caves are of unknown accuracy and some of the caves may no longer exist as a result of development activities. Three of the caves, including the species cave, appear to be far enough from the ROW (more than 800 feet) that no potential impacts would occur. The other three caves appear to be within 200 feet of the ROW. We therefore propose to survey the greenbelt area to ground truth the Williamson County data. The other survey area outside of the ROW is the green space adjacent to the school building south of the ROW and east of Plantation Drive. Survey efforts will include minor hand clearing and minimal excavation of potential karst features to discern non—karst features from potential habitat. Based on the results of field surveys, a Registered Professional Geoscientist will also prepare and seal a karst survey report to include with WRHCP participation documents and a Geologic Assessment report to be submitted to the TCEQ with the Water Pollution Abatement Plan. (c) During field investigations, an assesstnent of the suitability of affected habitats to support listed species shall be made. Incorporate results of field investigations into the PCE in a manner to satisfy the MOU/MOA between TxDOT and TPWD. Notify the City and TxDOT if Section 7 or 10 consultation shall be required. (d) Wetland determination, and delineations if required, shall be conducted using the three -parameter approach as outlined in the U.S. Army Corp of Engineers (USAGE) Wetlands Delineation Manual (1987). A routine data form shall be completed assessing hydrophytic vegetation, hydric soils and site hydrology. Wetland boundaries shall be marked with surveyors flagging unless directed otherwise. (e) Copies of all routine data forms shall be provided with the environmental document. A wetland finding shall also be provided. Assess the project's compliance with the Nationwide Permit Prograrn and notify the City and TxDOT if a Section 404 or Section 9 permit is required. 4. Cultural Resource Investigations (a) Historical Search the National Register of Historic Places and the Texas Historic Sites Atlas online listings for the presence of previously designated historic properties and archeological sites within the project area of potential effects (APE) and provide the results in a coordination request form to initiate historical studies section review for PCE projects. The Engineer shall use this information to prepare text for the environmental document. Photograph any structures over 50 years old within the APE and include with the coordination request and in the PCE. (b) Archeological The Engineer will conduct a thorough background archeological literature and records search for the proposed project site. For the research, an archeologist will search the Texas Archeological Sites Atlas (Atlas) online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project site. In addition to identifying previously recorded archeological sites, the Atlas review wiil include the following types of information: National Register of Historic Places (NRNP) properties, State Archeological Landmarks (SALs), Official Texas Historical Markers (OTHMs), Registered Texas Historic Landmarks (RTHLs), cemeteries, and local neighborhood surveys. Because the project involves lands owned by a political subdivision of the State of Texas (City of Round Rock), any archaeological field investigations will require a Texas Antiquities Permit in compliance with the guidelines of the Antiquities Code of Texas. The Principal Investigator will prepare a permit application, coordinate with the client for the requisite information and signatures, and submit the permit package to the Texas Historical Commission (THC), the permitting and reviewing agency. The THC has 30 days to review the application and issue the permit; however, they typically only take 2-5 days. Once Task I has been completed, the Engineer will conduct an archaeological field survey of the project area. The field survey will consist of archaeologists examining the proposed project area. The survey will be of sufficient intensity to determine the nature, extent, and, if possible, potential significance of any cultural resources located within the proposed project area. During the survey, the archaeologist will be examining the ground surface and erosional profiles for 4 of 15 cultural resources. Shovel testing will be conducted in areas containing soils with potential for buried deposits, undisturbed areas, and previously recorded sites. When excavated, shovel tests will be approximately 30 cm in diameter and excavated in arbitrary 20 -cm levels to 100 cm below surface or culturally sterile deposits, whichever comes first. The matrix from each shovel test will be screened through 1/4 -inch mesh, and the location of each excavation will be plotted using a hand-held GPS receiver. Each shovel test will be recorded on a standardized foam to document the excavations. No backhoe trenching is proposed but the need for such work will be assessed as part of the fieldwork. Any discovered or previously documented sites, both prehistoric and historic, will be documented on appropriate forms and plotted on USGS 7.5 -minute topographic maps and appropriate project maps for planning purposes. Additional shovel tests will be excavated to define site boundaries within the project area. The Engineer is proposing a non -collection survey. Artifacts will be tabulated, analyzed, and documented in the field, but not collected. Temporally diagnostic artifacts will be described in detail and photographed in the field. Only especially rare artifacts or discoveries will be collected. This policy will reduce or eliminate curation costs once the fieldwork is concluded. Once the field survey has been completed, the Engineer will prepare a draft report of the investigations for review by the client and ultimately the THC. The archaeological report will conform to THC, Council of Texas Archeologists, and Antiquities Code of Texas reporting standards. It will document the general nature of the project area, the methodology used in the investigations, the presence and condition of any previously recorded sites revealed in the records review, the general nature and extent of cultural resources encountered during the archaeological survey, recommendations on the need for further work, and the potential significance of the cultural resources in regards to future development and State Archeological Landmark status. Draft copies of the letter reports wilt be submitted to the client for review and comment. Once this has been accomplished, any appropriate edits will be made and a final draft report will be submitted to the THC and any other involved regulatory agency. In addition, the Engineer will prepare any and all cultural resources documents related to the preparation of the TxDOT Programmatic Categorical Exclusion. The Texas Antiquities Code also requires that 20 copies of the final reports be submitted once the project is completed. In addition, all recovered artifacts and documentation must be curated at an approved repository. In this case, if artifacts are recovered and curation is needed, the Engineer will curate the materials at the Center for Archaeological Research at Texas Archeological Research Laboratory (TARL). Curation involves preparing the artifacts (washing, labeling, cataloging, etc.) and paying a fee for storage space. As we are proposing a non -collection survey, curation fees are not included in this cost proposal. The Engineer will submit a change order to cover the cost of curation in the unlikely event that artifacts are recovered. 5. Hazardous Materials (a) An initial site assessment shall be conducted for the appropriate level of inquiry. This includes determination of whether additional research or investigation is necessary during subsequent stages of project development. This information will be used to complete the TxDOT Hazardous Materials Initial Site Assessment (ISA). 6. Response to Continents/Coordination (a) Revise the draft report(s) to incorporate TxDOT's review comments. Submit three draft copies and 15 revised drafts of the report. Submit one soft copy in MS Word format. 7. Environmental Documentation (a) Prepare draft programmatic categorical exclusion. (b) Address TxDOT comments. (c) Prepare final programmatic categorical exclusion. (d) Address ENV or REC comments. 5 of 15 B. PRE -CONSTRUCTION NOTIFICATION TO THE USACE / USFWS / WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN PARTICIPATION / CATEGORICAL EXCLUSION These services will be performed under a supplemental agreement if it is determined that the project "may affect" a federally -listed endangered species or if a karst feature with potentially suitable habitat is found during Task I1.A.3(b). C. PUBLIC INVOLVEMENT 1. Prepare for and attend up to 6 one-on-one and small group meetings with project stakeholders. 2. Prepare public meeting displays and exhibits. Utilize digital orthophotography obtained from aerial photogrammetry and show alignment alternatives. 3. Prepare one Public Meeting notice for publishing in local papers to notify the public in advance of the established date. Notice will be published 30 days and 10 days prior to the meeting. The Engineer will be reimbursed for costs associated with publishing the Public Meeting notice in the local paper. 4. Help conduct one (1) Open House by identifying and reserving the facility, providing personnel to attend the sign -in table and support the open house and meeting, and assisting in the technical presentation. 5. Prepare a bound report for the Open House to include legal notices, photographs of displays and set-ups, handouts distributed at the meeting, attendance sheets, comment sheets, comment cards, letters sent and received, public meeting summary and summary of comments. (3 hard copies and 3 electronic copies each) 6. Support the City and their representative with graphic files, information and updates to aide in their extended public involvement efforts. It is anticipated that the City will be responsible if a project website, newsletter or additional public outreach is required. III. SURVEYING SERVICES A. RIGHT -OF -ENTRY SERVICES 1. The Surveyor will perform property ownership research utilizing the Williamson County Appraisal District records (Tax Maps and Ownership Records) and compile a list (Excel Spreadsheet) of landowners for distribution of right of entry letters. The Surveyor will obtain "right -of -entry" by signed letter from the owner of each of the subject properties. Also, the Engineer will contact property owners in advance of field surveys or to address specific property owner concerns about the work to be performed or being performed. We are anticipating that the City of Round Rock will handle problems regarding landowners that refuse to grant right - of -entry or are otherwise hostile with respect to the completion of this scope of services. The Engineer will record and report results of mailings for future action. All landowner contact will be recorded and provided to the Client. 2. Coordinate and review subconsultant work activities and submittals. B. DESIGN SERVICES 1. The Surveyor shall generate, recover, and/or verify existing horizontal and vertical project primary control at the site, if any, and reconcile the control to known existing intersecting projects. 2. The Surveyor shall establish or densify additional secondary control as needed for the project to collect data along the length of the project. 3. The Surveyor shall, at their discretion, use 5/8" iron rods with distinguishing caps, cotton spindles (paved areas) or other durable entities for the project control as applicable. 4. The Surveyor shall perform differential leveling through all of the project control (primary and secondary) to establish or extend vertical control for the project. 6of15 5. The Surveyor shall perform a topographic/design survey within the project limits. The topographic/design survey includes, but is not necessarily limited to: roadway, ditches, major grade breaks, culverts, culvert types and sizes, metal beam guard fence, fences, driveways, mailboxes, traffic and other signs, mailbox turnouts, striping, and visible above ground utilities. 6. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located within the project limits. 7. The Surveyor shall process the collected information into a 1 foot contour DTM file. 8. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of- way lines for FM 3406 and intersecting roads within the limits of survey. This is not to be construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time. C. DRAINAGE SERVICES 1. The Surveyor shall survey drainage structures within limits. This task will include cross sectional data at intervals of 100 feet for 500 feet upstream and extend through Woods Park at the downstream end along Onion Creek. Channel sections shall extend from row of way line to right of way line, including detailed shots of the stream channel below the water surface. 2. The Surveyor shall provide general descriptions of the culverts and trestle openings under the railroad tracks, including elevations of the high points of the railroad tracks. 3. The survey shall include sections upstream and downstream of the dam structure/spillway upstream of the railroad overpass as well as include shots along the top. 4. The survey shall include sections upstream and downstream of the creek crossing at Oak Hollow Drive as well as curb, rail and profile elevations of the road itself as wide as the creek cross sections. 5. The survey shall include channel sections upstream and downstream of the creek crossing at FM 3406 including culvert flow lines, curb and rail elevations, and any concrete aprons, headwalls, or wingwalls. D. BRIDGE SERVICES 1. The survey shall include the top of track for both railroad tracks for a distance of 500 feet either side of the roadway. This is a requirement for Exhibit A's. 2. The survey shall include the top of bent caps at each corner of the cap. 3. The survey shall include the top of abutment caps at each corner of the cap along with shots of the top of the wingwalls at their ends for each corner of the bridge. 4. The survey shall include enough points to accurately know the existing dimensions and elevations of the bridge deck, including shots of the slab breakbacks, if any. The survey shall also include edge of deck shots (either at the toe of rail or back of rail) at face of abutment backwalls and centerline of bents and at least two intermediate spots spaced about 25 feet or so to determine slab profile (in case the bridge is widened). If possible, survey shall include shots down the centerline of the bridge at the same intervals to determine cross - slope. Also, survey shall include deck elevations to be at top of concrete, not top of asphalt (if bridge has an overlay). 5. The survey shall include bottom of beam shots for the exterior beams over the railroad tracks to verify existing vertical clearance over the tracks. 6. The survey shall include the locations of the existing columns. E. TREE SERVICES 1. The Surveyor shall locate trees that 12 inches in diameter and larger, and shall note the size and species. 7 of 15 F. GEO-TECHNICAL LOCATIONS 1. The Surveyor shall locate eleven (1 I) core locations at a time specified by the client. G. UTILITIES 1. The Surveyor shall coordinate with a qualified SUE provider to perform Level C&D tasks for the underground utilities within the project limits. 2. The Engineer will contact each utility company and meet individually with then to review their assumed utility locations developed from the SUE process. H. SUBCONSULTANT COORDINATION 1. Coordinate and review subconsultant work activities and submittals. 1. DELIVERABLES 1. The Surveyor shall provide: (a) 2D MicroStation V8 planimetric file. (b) 3D MicroStation V8 DTM file including break -lines and 1 foot contours. (c) Geopak DTM (tin) file. (d) ASCII point file. (e) Two CD-ROM containing the specified files. (t) PDF file of each Surveyor's project field book. (g) Spreadsheet of landowners for right -of -entry letters J. ASSUMPTIONS 1. The Surveyor shall notify the client prior to performing the work if: (a) Sufficient right-of-way monumentation cannot be found to re-establish the existing alignments and associated right-of-way lines along the project corridor. (b) Traffic Control cannot be managed by the Surveyor's personnel. (c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control. (d) Existing Project Control cannot be recovered or verified. IV. PLANS, SPECIFICATIONS & ESTIMATE A. RIGHT-OF-WAY DATA AND UTILITY ADJUSTMENTS 1. The Engineer will provide the limits of the proposed ROW to the Surveyor for preparation of Right -of -Way plans. 2. The Engineer will utilize subsurface utility data throughout the design process. A good faith effort will be made to accommodate existing utility locations. Utility conflicts will be identified during the design process to allow for relocation. The Engineer will coordinate with utility providers on necessary relocations. The Engineer shall include the existing utility information in the plans. 3. The Engineer will provide plan and profiles, culvert layouts, cross sections and other sheets as required to utility providers to assist them in any relocation efforts. 4. The Engineer will be present at all utility meetings. B. ROADWAY DESIGN CONTROLS 1. Miscellaneous Plans (a) A project title sheet will be prepared as required for the construction plans. 8 of 15 (b) A detailed index of sheets will be prepared that shows each sheets location in the plan set, as well as its corresponding sheet munber. This index will be updated throughout the submittal process to allow for easier reference during the review process. (c) Project layout sheets will be prepared at a scale of 1"--200' that clearly indicates the limits of the entire project. (d) Benchmark layout sheets will be completed at a scale of 1"-200' that clearly indicate the benchmark locations and associated control information. These sheets will later be sealed by a RPLS for submittal. 2. Roadway Plans & Geometry (a) Existing typical sections will be completed depicting the existing conditions of the project roadways. (b) Proposed typical sections will be completed depicting the improvements to FM 3406 and cross streets. (c) A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for the project roadways to be included in the construction plan set. (d) The Engineer will develop Superelevation Data Sheets to be included in the construction plan set. These sheets will define the pavement cross slopes for FM 3406 and describe transition location and values. (e) FM 3406 plan and profile sheets shall be completed depicting the proposed construction. The plan and profile sheets will be prepared at a scale of 1"=100' H and 1"=10' V. (f) The Engineer shall complete plan and profiles for the intersecting streets of Plantation Drive, Oak Hollow, and Chisholm Trail. (g) Supplemental grading sheets will be prepared at a scale of 1"-50' for areas of the project that will require additional grading information. It is anticipated that these sheets will be required in the location of the railroad overpass and cross drainage structure. (h) The Engineer shall provide plan sheets of removals at a scale of 1"=100'. Removal sheets shall indicate pavement and other pertinent items to be removed with sufficient detail to assure Contractor will have no problems understanding the intentions. Description of removal items including material shall be included. 3. Grading and Details (a) Design cross sections will be completed at 50 -foot stations and other locations as necessary for the determination of cut and fill quantities. These sections will also be used to further refine the design vertical geometry. Cut and fill quantities determined from the design cross sections will be shown on the plan/profile sheets. Cross sections will not be developed as a deliverable for phased TCP. (b) The Engineer shall complete intersection layouts for four (4) intersections. The intersection layouts will include the design of the pavement and drainage layouts. (c) Driveway details will be prepared for each driveway along the project corridor. When possible these driveways will be defined in a tabular format. Unique driveways will require individual details defining there construction. (d) The Engineer will develop driveway profiles as required for the project. These profiles will be developed to show driveway tie -back slopes, as well as limits for the contractor's information. (e) Miscellaneous roadway detail sheets will be developed for the project. The sheets will depict details required that are not defined in standard detail sheets. When possible TxDOT Statewide and TxDOT Austin District standards will be used for the project development. C. Drainage 1. Culvert Hydrology and Hydraulic Analysis (a) DATA COLLECTION — The Engineer will collect and review the existing hydrologic and hydraulic analyses for the existing culverts under FM 3406 from FEMA and the City of Round Rock. The Engineer will conduct field investigations to observe existing channel characteristics and bridge/culvert structures. The Engineer will assess channel and overbank roughness values using field notes and photographs. (b) HYDROLOGY / EXTERIOR DRAINAGE AREA MAPS— If existing hydrologic models cannot be found in the FEMA library or from City of Round Rock records, then the Engineer will define drainage area boundaries and characteristics and existing conditions hydrology for the cross -culvert. Peak runoff will be computed using HEC -HMS in accordance with the TxDOT Hydraulic Manual. (c) HYDRAULICS --- The Engineer will analyze existing and proposed conditions culvert hydraulics for cross -culvert structures within the proposed construction limits using HEC -RAS. The Engineer will summarize the relative impacts to computed water surface elevations between existing and proposed 9 of 15 conditions. The Engineer will design the proposed improvements such that there will be no significant impacts to adjacent properties. (d) CULVERT HYDRAULIC DATA SHEETS -- The Engineer will prepare culvert hydraulic data sheets for the crossing. (e) HYDRAULIC REPORT — The Engineer will prepare preliminary and final hydraulic reports summarizing the methodology used in the hydrologic and hydraulic analyses. Results will be tabulated and presented. Preparation of FEMA applications for a Conditional Letter of Map Revision (CLOMR) and/or Letter of Map Revision (LOMR) are not included but can be provided for in a supplernental agreement. 2. Storm Sewer Design (a) Interior drainage area maps will be finalized at a scale of I "=100'. These maps will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run-off information from the calculation sheets. (b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with TxDOT's Hydraulic Manual and shown on the run-off and inlet computation sheets in WinStorm format. (c) Storm sewers will be analyzed and computations will be prepared for the storm sewer design in WinStorm format. (d) Drainage plan and profile sheets will be completed depicting locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. These sheets will be prepared at a scale of 1"=100'. Storm sewer profiles will be prepared at a scale of 1"=1.00' H and 1"=I0' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information, and locations and sizes of inlets and junctions. (e) Lateral profile sheets will be developed for the project storm sewer systems. These sheets will be developed at a scale of 1"=100' H and 1"=10' V. (f) The Engineer will prepare a tabular ditch layout schedule that depicts pertinent information about the roadside ditch geometry and design. This table will include station, offset, flow line elevation, ditch lining material, as well as ditch bottom width. The tables will be shown on the drainage plan sheets. (g) The Engineer shall provide drainage design details for "non-standard" drainage structures in instances where TxDOT standard details cannot be utilized. The Engineer shall use TxDOT standard details where practical. (h) The Engineer will identify areas within the construction of the storm sewer and culvert construction that will require trench protection or special shoring. 3. Water Pollution Abatement Plan (WPAP) Preparation (a) Project Setup and Data Review Engineer will obtain and review all available data on the existing and proposed roadway design and site geology, including engineering plans and geologic reports. An initial field visit will be conducted in order to inspect the site and identify and evaluate potential locations for water quality Best Management Practices (BMPs). The geologic assessment will be performed by others. (b) Pollutant Removal Calculations and Design of Water Quality BMPs Engineer will perform the required total suspended solids (TSS) pollutant load calculations and choose the most appropriate and cost effective permanent BMP for water quality treatment. Runoff from the proposed roadway improvements will likely be treated using a structural BMP. An existing sedimentation -filtration pond located adjacent to the project site will be evaluated as a potential treatment option. Options including increasing the capacity of the existing water quality pond or constructing a new pond will be evaluated in order to determine the most cost effective solution. Best Management Practices will be designed according to the TCEQ's technical guidance manual Complying with the Edwards Aquifer Rules — Technical Guidance on Best Management Practices (RG -348, July 2005). The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted runoff from the project site during construction will be evaluated to ensure compliance with TCEQ Edwards Aquifer requirements. It is assumed that the design of temporary controls, including an erosion and sedimentation control plan, will be included as part of the SW3P. 10 of 15 (c) Draft WPAP Document This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form (TCEQ-0587); • The Geologic Assessment Form (TCEQ-0585) (prepared by others); • Water Pollution Abatement PIan Application Form (TCEQ-0584); • Temporary Stormwater Section (TCEQ-0602); • Permanent Stormwater Section (TCEQ-0600); • Agent Authorization Form (TCEQ-0599); • Application Fee Form (TCEQ-0574) • Core Data Form (TCEQ-10400) This task will not include the preparation of engineering drawings, plans, specifications or bid document packages. The required engineering drawings and plans will be obtained from the CPY roadway design team and included in the WPAP submittal as required. (d) WPAP Submittal and TCEQ Coordination The WPAP will be submitted by CPY to TCEQ Austin Region 11 staff for review and approval. CPY will coordinate with TCEQ during the review process and address any issues that may arise. CPY will promptly respond to and address any review continents from the TCEQ with the goal of obtaining TCEQ approval in a timely manner. Coordination with TCEQ will also be provided during the construction phase of the project in the event that any WPAP compliance issues arise. Once the construction phase is complete, CPY will submit to the TCEQ the required notification that the terms of the WPAP have been satisfied. (e) Project Coordination This task involves time for coordination with the Project Manager and Administrative Assistant to prepare project management reports, invoices, and other administrative activities. 4. SW3P and Erosion Control (a) Erosion control plans will be prepared for the length of project. Temporary storm water management devices will be needed to minimize the sediment runoff during construction of this project. The anticipated design components to be utilized on this project are silt fence, sand bags, rock filter dams, sediment traps, and construction exits. One temporary erosion control plan will be developed with notes that indicate that the contractor is responsible for phasing the devices along with the construction sequencing. Permanent erosion control measures will be included on these sheets as well. (b) A Storm Water Pollution Prevention PIan (SW3P) will be prepared for this job in accordance with TCEQ regulations. These sheets will consist of the TxDOT SW3P text sheets that summarize erosion control measures. (c) Erosion control details will be prepared for any related items that are not covered by TxDOT standard details. D. SIGNING, MARKINGS AND SIGNALIZATION 1. Signing and Pavement Markings (a) Signing and Pavement marking layouts will be prepared at a scale of I "=100'. These layouts will depict striping and delineator type and location, as well as MEGF location, lengths, and end treatments. Each sign will have a corresponding number that will relate that sign to the sign summaries. (b) Pavement marking details will be prepared for instances in which the State's signing and striping standards do not apply, or are not appropriate. (c) Detail sheets for small signs will be prepared for non-standard signs. This sheet is intended to show the overall dimensions of the signs by determining letter size and spacing. Details will not be to scale. I1of15 2. Signalization (a) Traffic signal plans will be prepared for the following locations: (i) Modification of existing signals at the intersection of FM 3406 and Plantation Drive. (ii) Modification of existing signals at the intersection of FM 3406 and Chisholm Trail. (b) The signal plans will be prepared at a scale of 1"=40' and will indicate existing conditions, location of signal poles, conduit, ground boxes, existing and proposed traffic control devices (signs and markings), existing utilities, and proposed roadway improvernents. (c) Illumination will be installed on signal poles for safety lighting purposes. (d) At each location, the illumination and signals will utilize separate circuits from a single electrical service. The Engineer will confirm the power source. (e) The signals will be video actuated, utilizing mast arm design. (f) Phasing and wiring plans will be prepared for the traffic signal installations. (g) Traffic signal elevations will be prepared showing the vertical clearance required for the mast arni design. (h) The Engineer will coordinate with the City in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify potential overhead utility conflicts, and coordinate with the City and the utility company to help resolve the conflicts. (i) In the event that additional signals are warranted by the City, the design and plan production for those facilities will be addressed through a supplemental agreement to this work authorization. E. MISCELLANEOUS ROADWAY 1. Retaining Walls (a) The Engineer will investigate each wall location and determine what the most suitable wall type is for each application. (b) The Engineer will provide a location plan of all walls at a scale of 1"=200'. The intent is to show the location of all walls in plan including the wall designation and beginning and ending stations. (c) The Engineer shall prepare retaining wall layouts at a max scale of 1"=40'. The layouts will show plan and profile views of the retaining wall. (d) The Engineer will prepare structural details for non-proprietary wall designs (i.e. Tie -back, soil nailed, drill shaft). 2. Traffic Control Plan (a) Traffic control typical sections will be prepared for each stage of the construction sequence to clearly delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic barriers and pavement markings will also be shown and dimensioned. (b) The Engineer will develop overview plans for each stage of traffic control. These plans will act as key maps for each phase of TCP and shall be developed at a 1"=400' scale. (c) The Engineer will prepare 1"=400' plan layouts of all advance warning signs for FM 3406 and all cross streets. (d) A detailed narrative for the sequence of construction and traffic control general notes will be prepared and submitted to the City for review and incorporation into the plans. The narrative will include a phase - by -phase, step-by-step written account of the proposed activities throughout the construction process. This is intended to be a narrative account of the activities shown in the traffic control plan layouts. (e) Detailed traffic control plans will be prepared at a scale of 1"=100'. These plans will be developed based on the City's approval of the conceptual plans developed at the schematic design level. This plan will describe the maintenance of traffic and sequence of work for each phase of the proposed construction. Detour alignments, location of work areas, temporary paving, temporary shoring, signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during each phase of construction. (f) Detour layouts will be prepared showing plan & profiles where required to define the geometry for detours required in the traffic control plans. When widening is required that can be defined based on existing pavement slopes, a detour profile will not be prepared. These layouts will be prepared at a scale of 1"=100' 1-1 and 1"=10' V. (g) The Engineer will prepare temporary shoring profiles for temporary shoring required during construction sequencing. These profiles will be prepared at a scale of 1"=100' H and 1"=10' V. Existing ground and top of shoring will be depicted on these sheets, as well as existing ground and top of shoring elevations indicated every 50 feet. 12 of 15 u) Traffic control details will be developed for items not covered by State standard drawings. The Engineer will attend one meeting to present the traffic handling scheme to the TxDOT's Safety Review Committee. The Engineer will be responsible for incorporating the comments of the Safety Review Committee in the traffic control plans. Additional scope of services for items such as public presentations of the traffic handling plan or any additional meetings will be handled through a supplemental agreement to this scope of services. An Engineer's opinion of construction schedule will be computed in order to determine an approximate duration for each of the phases of construction. The schedule will be prepared using SureTrak. 3. Illumination (a) The Engineer will indicate safety lighting along the project corridor. Safety lighting will be shown only on the continuous lighting layouts. (b) The Engineer shall provide electrical circuit plans and details for the roadway lighting systems within the project limits. (c) The Engineer will coordinate with the State in identifying power sources, conduit runs, and will show them on the project plans. The Engineer shall identify potential overhead utility conflicts, and coordinate with the State and the utility company to help resolve the conflicts. 4. Quantities Quantities will be tabulated for each of the following and as necessary to bid this project: (a) Traffic Control (per each phase) (b) Earthwork (c) Roadway (d) Retaining Walls (e) Removal (f) Drainage related items including inlets, manholes and storm sewer pipes (g) Small / Large Signs (h) Pavement Markings (i) Signals (j) 111urnination (k) Erosion Control and SW3P 5. Summary Sheets Quantities that are calculated will be tabulated on individual summary sheets for inclusion in the construction plan set: (a) Traffic Control (per each phase) (b) Earthwork (c) Roadway (d) Retaining Walls (e) Removal (f) Drainage related items including inlets, manholes and storm sewer pipes (g) Sinal! / Large Signs (h) Pavement Markings (i) Signals (j) Illumination (k) Erosion Control and SW3P 6. Standards, Specifications and Estimate (a) The Engineer will download the appropriate TxDOT standards for the project from the State's web site. Standards that require modification will be corrected and sealed by the Engineer. All other standards will have their title blocks filled out with the applicable project data and printed for inclusion in the final plan set. The Engineer will utilize TxDOT Austin District when applicable. (b) A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS&E package. 13 of 15 (c) The Engineer will review general notes provided by the TxDOT for applicability to the project. The Engineer will mark-up a set and return it to the City for their inclusion in the final plan set. The Engineer will work with City and TxDOT to complete the basis of estimate prior to beginning quantity calculations. (d) An opinion of probable construction cost will be prepared at the 30%, 60%, 90% and prior to final PS&E submittal, and supplied to the City in Microsoft Excel format. Opinion of probable cost will also be broken out for each bridge class structure. F. BRIDGE DESIGN 1. Condition Survey (a) The Engineer will conduct one site visit to perform a condition survey of the existing railroad overpass. (b) The condition survey will identify structural deficiencies such that a reasonable service life cannot be expected with normal maintenance. Conditions of the foundation, substructure and components of the superstructure should also be noted in this survey. The condition survey should include the following: (i) Review existing plans, inspection reports, load ratings, and BRINSAP reports. (ii) Perform a load rating if plans indicate a design less than H20. Provide the load rating report, signed and sealed by a P.E., with the load rating calculations. (iii) Perform visual examination of the structure for the following: • Settlement of the foundation • Spalling, cracking, or deterioration of the concrete and corrosion of the reinforcing steel in the substructure. • Any damage or defects of the beams and bearings • Unsound concrete, cracking, delaminations, or efflorescence indicating salt contamination and depth and corrosion of the reinforcing steel in the top and bottom of the deck • Deterioration 'Attie overlay due to defects or damage in the underlying concrete • Provide photographs of the bridge ends, bridge elevations, bridge approaches, problem areas and upstreani/downstreain railroad traffic views. • Prepare condition survey with a review and analysis of the extent of the deficiencies and the feasibility of repair. (c) Evaluated various reasonable options of repair, replacement, and/or widening taking into account the associated costs. Associated costs will include estimate of bridge quantities and utilize the latest TxDOT bid codes and unit costs as of the date of the estimate. Proposed typical sections for the report will be drawn. (d) Make recommendation to City based on preferred alternative for approval. 2. Bridge Layout and Typical Sections (a) The Engineer will produce a bridge layout for a bridge describing either a replacement or widening of the existing railroad overpass (b) The Engineer will also prepare phased construction section sheets showing the phased construction typical sections as well as the completed typical section. (c) Bridge layout sheets shall have the same vertical and horizontal scale and shall follow TxDOT Bridge Division and Design Division manuals, specifications, and procedures. 3. Bridge Design and Details The Engineer will use Load and Resistance Factor Design (LRFD) on this project and will design all new bridge components for HL 93 loading. (a) The Engineer will perform design and prepare custom details for the abutments, bents and spans. (b) The Engineer will create miscellaneous details sheets for abutments, bents, spans and repair details, as necessary. (c) The Engineer will include appropriate TxDOT statewide standards. Modifications to the standards, if necessary, shall be clearly identified and designated by "MOD" in the standard title. (d) The Engineer will review the geotechnical report and determine final foundation design configuration. (e) The Engineer will compute the bridge quantities and produce a detail sheet summarizing these quantities. 14 of 15 (f) The Engineer will compute the necessary bearing seat elevations and include then in table format on the estimated quantity sheet. 4. Optional Design Services (a) For this scope of work, it is assumed the railroad overpass will consist of a concrete deck on prestressed concrete beams and will not require the existing overpass to be raised. If steel girders or a bridge raising is required, the additional work required for that design will be handled in a subsequent work authorizat ion. V. PROJECT MANAGEMENT A. Project Management 1. Create and submit monthly invoices suitable for payment by the City. 2. Prepare monthly progress reports for submission with the monthly invoices to provide a written account of the progress made to date on the project. 3. Meet formally once a month with the City to review project progress. 4. Prepare project meeting summaries for applicable meetings during the project development process. 5. Meet with property owners, stakeholders, and the City staff as required through the project development process. 6. Establish and attend periodic progress meetings (approximately every two months) with other agencies, including TxDOT. 7. The Engineer will have internal meetings with the consultant design team every two weeks for the length of the project. It is assumed that these meetings will include key personnel from each discipline and will be required to discuss and resolve project issues. 8. The Engineer shall prepare and execute contracts with sub -consultants, monitor sub -consultants activities (staff and schedule), complete monthly reports and review and recommend approval of sub -consultant invoices. VI. BID AND CONSTRUCTION SERVICES Bid and construction phase services will be performed under a supplemental agreement once the construction schedule for the project is determined. 15 of 15 EXHIBIT C Work Schedule Duration Completion Date Notice to Proceed N/A Sep 28, 2009 Initial Data Collection 7 Oct 5, 2009 Topographic/SUE Survey 49 Nov 23, 2009 Schematics 91 Feb 22, 2010 30% Plans Submittals 42 Apr 5, 2010 City Review of 30% Plans 14 Apr 19, 2010 60% Plans Submittals 49 Jun 7, 2010 City Review of 60% Plans 14 Jun 21, 2010 90% Plans Submittals 42 Aug 2, 2010 City Review of 90% Plans 14 Aug 16, 2010 100% Plans Submittal 35 Sep 20, 2010 Plans on Shelf 0 Sep 20, 2010 EXHIBIT D Fee Schedule For the services described under Exhibit B, we request compensation on a lump sum basis for all services except Task II - Social, Economic & Enviromnental Studies and Public Involvement. Task II services will be performed on an hourly basis with the not to exceed amount (NTE) included below. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours and costs per function code are shown on the following pages. ESTIMATE OF MAXIMUM COMPENSATION - (See attached summary) SALARY COSTS - LUMP SUM Project Principal Project Manager Project Engineer Design Engineer BIT Chief Hydrologist Senior CADD Operator Admin / Clerical 22 618 752 962 2,950 43 346 54 Hrs. @ Hrs. a Hrs. @ Hrs. a Hrs. @ Hrs. @ Hrs. @ Hrs. @ SALARY COSTS - TASK II HOURLY NTE 95 Hrs. @ 20 Hrs. @ 109 Hrs. @ 11 Hrs. @ 72 Hrs. @ 129 Hrs. @ Environmental Manager Sr. Environmental Specialist Environmental Specialist Sr. Architectural Historian Biologist GIS Specialist SALARY COSTS SALARY COSTS - LUMP SUM SALARY RELATED COST (185.00 %) TOTAL LABOR COSTS FIXED FEE (12%) SALARY COSTS - TASK II HOURLY NTE SALARY RELATED COST (185.00 %) TOTAL LABOR COSTS FIXED FEE (12%) $70.00 $55.00 = $42.50 = $36.25 = $30.00 = $55.00 $34.00 = $21.50 = $55.00 = $38.50 = $27.50 $49.00 = $28.50 = $24.00 = $ 1,540.00 $ 33,990.00 $ 31,960.00 $ 34,872.50 $ 88,500.00 $ 2,365.00 $ 11,764.00 $ 1,161.00 $ 206,152.50 $ 5,225.00 $ 770.00 $ 2,997.50 $ 539.00 $ 2,052.00 $ 3,096.00 $ 14,679.50 $ 206,152.50 $ 381,382.13 $ 587,534.63 $ 70,504.16 $ 658,038.79 $ 14,679.50 $ 27,157.08 $ 41,836.58 $ 5,020.39 $ 46,856.97 TOTAL SALARY COSTS $ 704,895.76 1 of 2 EXPENSES Miscellaneous Expenses Subtotal $ 4,193.00 Subconsultant Expenses Fugro Consultants, Inc. $ 16,601.00 Inland Geodetics, Inc. $ 41,122.00 SWCA $ 12,850.00 Subtotal $ 70,573.00 TOTAL EXPENSES $ 74,766.00 TOTAL SALARY COSTS + EXP AMOUNT PAYABLE $ 779,661.76 2 of2 Exhibit D FM 3406 Roadway Improvement Project IH -35 SBFR to Creek Bend Blvd. City of Round Rock Task Description Total Cost TOTAL LABOR COSTS I. ROUTE AND DESIGN STUDIES 11. SOCIAL, ECONOMIC & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 111. SURVEYING SERVICES IV. PS&E V. PROJECT MANAGEMENT VI. BID AND CONSTRUCTION PHASE SERVICES - NOT INCLUDED AT THIS TIME $ 64,334.76 $ $ 42,643_52 4,436.88 539,709.75 53,770.85 SUB -TOTAL LABOR EXPENSES 704,895.76 SUMMARY TOTAL LABOR COSTS EXPENSES TOTAL CP&Y FEE $ 704,895.76 4,193.00 SUBCONSULTANTS $ 709,088.76 Fugro Consultants, Inc. Inland Geodetics, LP SWCA Environmental Consultants $ 16,601.00 41,122.00 $ 12,850.00 GRAND TOTAL EXHIBIT O revised.xls 779,661.76 Page 1 of 9 x w Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. T3 08 a co c mg G O 4 0 N CAW ID 0 N csc co to N v a p h h g e] N 0 0 0 co M 0 388814 4 0 4 0 0 me c o m aW IV '7 vv v CO a a 0000.D10 4009010 660616 manmo u rn El a � Task Description 0 N 4 8 0 4 H v N N N N ID co ID 4 v v a N jQ O 2S 5 1 qE o n a 1.8,: 1--g N O.Vw N 0-.8x. 7 ym0 1 -,2-,2-6$ ad �4V roioU d qqpWv-c1 ` gm £mE3Mm c 8oagoQtLc P0ga-Ooc cS12,Ccaro � H E. $ NF � N��gna m 01 -° oio E o13 0 0= . z t ., ' ,, U O o O d0� 0 0 0. 1- 1 - co m 4 0 0 4I 0 00000 O O O O N N M aN rs-NN r N M 0 4 4 0 0 8 co 2 V) ci IXHIBRD_rcvl:ed.xl; :} • *W CO E• iu w ad c E 0 0 0re 3 e o 03 G N (U re co 1 0 M M Ts O g O J S «4 ( 14 N O N 0 0 N 49 N 0 O 0 CO 0 69 00 0 01 69 00 0 H 69 CO V' 69 O NON Nv O o O c00 . coo N 0. 6i N CO O 0 0 N 69 O 0 0 i 0 V) 0 tei 0 0 •- O 0) 3 ri 69 03 N 0) 0, 69 0) 0 0 0 l0 N O CO CO 00 • 0 O • N N 0 0 O n O O M O. a0 0 09 6969 co co co 0i 69 N 0) O O Ai O N 0 0 Oi co 0 CO 00 N 0 0 0 O V- CV 0 cd o N sNa0}} O h O N (. 0 69069 • 0 ^ N V'.- O CO. of n cd C4 00 I0 0 0) (0 0 0 0 0 0) N 0 CO V N r N O 0 w N N N 0 0 V) c d O N0 C {cp N w 0 co c 0 •ca Q O 3 ¢1 8 C w Q CV Q m O t 0 O c 0 e g .A Q 0;� t'3 Ei*co- n ;o c O -- L :N 0) aX n' o _ �_ @ C O C O co; . 0 «O n a 3 3/ Es! m '• 2 '2 0 wDlfl�� e' ae'' E N GC m m > �ck.8` 2 c a. u .0 0. U 6) V N 8: 7 8 v m c 0 co, m O C :U 13. •.61 a $U e o 0 U13 V3 0) 0 CO 000 �t;ONvi CO V N 0) 0 0 0 0. M CO. 1- 0 0 CO 0 0 O O O N 000 C) O CO 0) 0) O V V M r N 0 0 r V N tV N 00490) 01 41 r O N N 0 r - co V Di csi O N N 0) th 0 O N . 07 V 69 0690 0 0 coo co > U1 O ix U o av d o < 0 CD mw� 6 wa K U Q p 0 O000it n IXHISITD rovi:od.xl, 3 4 g T. t Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. §a#%§ %6(§# @®©■»®° «-k #& \ F@.pr#m¥fFai WAm AIA \ ........ ........, f/f94§f §R/\!/ff$\ffdf/) \k\ §| 8 • \ 8 ; ƒz, k ©k8 2 § 4 a. 2 uj Fee Schedule/Budget for Chiang, Patel 8, Yerby, Inc. §\ p ■a t i ^$ §k &§ C / rƒ 2 8 3 8 gn 8 § \ 5 519,709JS CV CO ai CY CO OD CV co sr CY £55 ) / ) \8§� 4 ko Olita §§24 N CO 40 \ § Lei co IXHIDITD1wlsedAls Fee Schedule/Budget for Chiang, Patel & Yerby, Inc. • a 0 3 :co, 0 O 69 63 0 6) w rn 0 A 6, 0 69 0 0 0 M 69 0 6, 0 0 69 69 V, 0 0 n M 69 0 0 r $ 16,845.50 $ 53,770.85 (0 M m 6, CO CO N M 6, 0 0 CO C w M 0 00 N N V 0 0 0 N 0 O 0 t{ N 69 10 CO, V V' N N 6, 0 (9 69 C7 7 M C <0 69 N 69 a N N [0 N 0 0 0 CO 00000 m O r 0 01 69 69 (9 69 4) 6) t- w O O m 63 V tt 0 0 0 V O O O N 0 N 0 (0 N CO 4) t{ Cr 0 O N 0 69 69 N 00 N N 69 C 0 Q 0) n o') N (0 N 0 0 00 0 CO co N 00 (9 O) .- 0) 0 0 0 4') N Oi 69 69 C.9 69 M a (9 U d d C 0/ C ut h N N M CO 0 0 0 CO O a) m 0 0 C 0 'R O 0 V) w 69 CO IDN V w d o crn c). 0 w CO N a N CO VN-- W W 0 0 0 CO w-•6,06969 N a a )vcom n 0 0 u) F-: a CO CV h CV CV v 69 0 V, 69 N CL ' U O C a '_ Task Description O O r w ti E VI: SUBTOTALS (0 0 O 0 v 0 o c0 N 0) NV 6, N, 69 69 O O N co co M 6, Exhibit D FM 3406 Roadway Improvement Project IH -35 SBFR to Creek Bend Blvd. City of Round Rock Unit Unit Cost Amount Total Cost CADD:Plottinq Mriar Piots Dlgiial Ortho Plotting 10X17".Mr'Iar 112" X 11" BIW Paper:Copies 20:00 11"'X=17 B/WPaper Copies 8112" X 11 Color Paper -Copies 11 X:17 Colo[PaperCopies Fax Copies t ilrii and Devetopment 4 Xe D141161.COlorPilrita:'. 10.00. Oversized Digital Color Prints Standard Postage Express Mail (Standard)•:' `f Express Mail (Oversized) Delivenes Airfare Retrial Car s gt sheet i roll iicture picture letter.. 11.00 ' LMoedatsging Mileage GPS•.Rental e #tazlYtat Database Search d l ch?? Ohli day : S mile 9... Oa ea 1i 80.00.1 85.00': 36002 00:x0.0 200.000' 2,200:000;: NA at cost =i. 740; 2 SUBTOTAL DIRECT EXPENSES S ?_ .407.00'. S EXHIBIT D_revIsed.Hls 200.00' 200.00:: 2,200.00; $ 4,193.00 Page 9 of 9 EXHIBIT E Certificates of Insurance Attached Behind This Page CERTIFICATE OF LIABILITY INSURANCE PRODUCER: McLaughlin Brunson ins. Agency. LLP 6600 LBJ Freeway. Suite 220 Dallas. Texas 75240 phone: 214-503-1212 E-mail: INSURED: CP&Y. inc,: Chiang, Patel & Yerbv. Inc. 1820 Regal Row. Shite 200 Dallas, Texas 75235 Phone:214-638.0500 E-mail: Date: 5/29/2009 TDI number required. Please refer to the Texas Dept of insurance website: http:Uwww.tdLstate.tx.us/ THIS IS TO CERTIFY THAT the Insured named above Is b sured 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 aro noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A - GENERAL LIABILITY PACP1951L895 6/1/2009 6/1/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG, S 2.000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1.000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 D -AUTOMOBILE LIABILITY BA3865M855 6/1/2009 6/1/2010 COMBINED SINGLE LIMIT S1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S B - WORKERS' COMPENSATION UB5609Y775 1/1/2009 1/1/2010 AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $ 500.000 DISEASE - EACH EMPLOYEE $ 500,000 C - PROFESSIONAL LIABILITY DPR9618640 4/1/2009 4/1/2010 53,000,000 Per Claim / Annual Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS - The claims made profcssionrt lirbHitycoserage is the rota! aesregale t,mil rce sII claims peter/rid within the policy period and is subject to a derue6We Tho 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 mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 1 N URE OF A =Nits CENSED l TATE OF TEX S E. Street Round Roc Rock, Texas 78664 Typed Name: Patrick . McLaug Agent Page 2 00650 — 1-2008 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Travelers Lloyds Insurance Company 937$8 B Travelers Indemnity Company 83800 C XL Specialty Insurance Company 5241 D Travelers Indemnity Co. of Connecticut 83830 THIS IS TO CERTIFY THAT the Insured named above Is b sured 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 aro noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A - GENERAL LIABILITY PACP1951L895 6/1/2009 6/1/2010 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG, S 2.000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1.000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 D -AUTOMOBILE LIABILITY BA3865M855 6/1/2009 6/1/2010 COMBINED SINGLE LIMIT S1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S B - WORKERS' COMPENSATION UB5609Y775 1/1/2009 1/1/2010 AND EMPLOYERS' LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $ 500.000 DISEASE - EACH EMPLOYEE $ 500,000 C - PROFESSIONAL LIABILITY DPR9618640 4/1/2009 4/1/2010 53,000,000 Per Claim / Annual Aggregate BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS - The claims made profcssionrt lirbHitycoserage is the rota! aesregale t,mil rce sII claims peter/rid within the policy period and is subject to a derue6We Tho 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 mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 1 N URE OF A =Nits CENSED l TATE OF TEX S E. Street Round Roc Rock, Texas 78664 Typed Name: Patrick . McLaug Agent Page 2 00650 — 1-2008 Certificate of Liability Insurance