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R-10-10-28-10E5 - 10/28/2010RESOLUTION NO. R -10-10-28-10E5 WHEREAS, the City of Round Rock desires to retain engineering services for the RM 620/Round Rock Avenue Environmental and Right -of -Way Determination Project, and WHEREAS, Halff Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Halff Associates, 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 Halff Associates, Inc. for the RM 620/Round Rock Avenue Environmental and Right -of -Way Determination 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 28th day of October, 2010. ami/L, ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: eif-v1A.L•W2ali SARA L. WHITE, City Secretary O:Awdox\SCClntsV0112V1005\MUNICIPAL A00205731.DOC/nnc 'ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY EXHIBIT „A» 1' CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES, INC. ("Engineer") ADDRESS: 4030 West Braker Lane, Suite 450, Austin, TX 78759-5356 PROJECT: RM 620/Round Rock Avenue Environmental and Risht-of-Way Determination THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the _ day of , 2010 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 0199.7150 TX03RM620 1 Rev. 05/10 00192831 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 sump of Seven Hundred Fifty Two Thousand, Four Hundred Sixty -Seven and 81/100 Dollars ($752,467.81) 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 perfor►nance 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 taw) 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: John Dean Transportation Planner Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6617 Fax Number (512) 218-3242 Email Address jdean@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: Gary J. Hilgenberg Project Manager 4030 West Braker Lan; Suite 450 Austin, TX 78759-5356 Telephone Number (512) 252-8184 Fax Number (512) 252-8141 Email Address ghilgenberg@halff.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 niay be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instrunnents of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall agree to the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perforin the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable thein to perforin the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 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 from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 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 and/or instruments of professional services, 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 11 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. 12 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Gary J. Hilgenberg Project Manager 4030 West Braker Lane, Suite 450 Austin, TX 78759-5356 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. 14 (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 frill 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. White, City Secretary HALFF ASSOCIATES, INC. �� Y(� Signature of Principal n A Printed Name: Principal �4 , / "`IG. By: 15 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 16 EXHIBIT A City Services SERVICES TO BE PROVIDED BY THE CITY The City will make the following available for the ENGINEER: • Round Rock High School traffic impact study. • RM 620 traffic accident data, if available. • Post and pay for notices in local publications. • Post and maintain project information on City website, if needed. • Attend and assist with Public Meeting/Hearing. • Review ENGINEER's work progress, schedules, reports, preliminary/detailed plan, environmental documents and cost estimates. • Assist the ENGINEER in obtaining property rights -of -entry for environmental and ground surveys. • Approve roadway and hydraulic design criteria and support project design criteria with stakeholder agencies. • Support project development with stakeholders such as agencies and the private sector. EXHIBIT B Engineering Services For the scope of services for this Work Authorization the ENGINEER shall provide engineering, technical, social, economic and environmental services, and public involvement activities to develop a schematic design and a Categorical Exclusion (CE) document detailing the upgrade of RM 620 from Deepwood Drive to IH 35. See the Project Location Map on page 3. From Deepwood Drive to IH 35, RM 620 will be configured similar to the display produced by Halff Associates titled "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C." This configuration includes: • Two grade separations / overpasses; one at North Lake Creek Drive and the other at Chisholm Trail/Union Pacific Railroad (UPRR). • Associated with the overpasses; operational improvements to facilitate safety and access. • RM 620 approaches to the overpasses North Lake Creek Drive and the Chisholm Trail/UPRR will generally designed using retaining walls in order to minimize the ROW footprint. The ENGINEER will produce an alignment alternative schematic and final schematic plan sheets (as detailed in the following TASK OUTLINE) and CADD work product using MicroStation VERSION 8 as the standard electronic graphics development software. The ENGINEER will prepare a detailed, colorized (shaded roadway) Design Schematic for the locally -preferred alternative design for RM 620 from Deepwood Drive to IH 35 as detailed in the previously produced layout "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C." No improvements to IH 35 or its frontage roads are included in this schematic. The Design shall be in conformance with the Texas Department of Transportation (TxDOT) (Design Division) Roadway Design Manual except where variances are perinitted in writing by TxDOT and/or the FHWA. The schematic layout shall include the basic information necessary for proper review, evaluation, and ultimate approval. Ultimate management of traffic during the construction of the Project shall be taken into consideration during Design Schematic development. The schematic alignment alternative for the project shall be in accordance with the requirements of: • 2004 edition of AASHTO's A Policy On Geometric Design Of Highways And Streets, • 2006 Texas Manual Of Uniform Traffic Control Devices, • TxDOT's 2009 Roadway Design Manual, • TxDOT's 2009 Hydraulic Design Manual, • TxDOT's Bridge Design Manual, and • Other TxDOT design guidelines and manuals as referenced in Appendix A of the attached Task Outline. Page 1 of 30 With each monthly invoice, the ENGINEER will provide a billing statement and a progress report. The ENGINEER will be the single point of contact between the City of Round Rock and subcontractors. The ENGINEER shall provide management of subconsultants including coordination of meetings, review of work performed by subconsultants, as well as delivery and submission of documents, products, and reports. The ENGINEER shall furnish equipment, materials, supplies, and incidentals required to perform the above mentioned work, except as otherwise specified in Exhibit A. Engineering, environmental documentation, public involvement and surveying services shall also include the tasks more specifically described in the following Task Outline. project Location Map RM 620 From Deepwood Drive to IH 35 City of Round Rock Williamson County !Attend: -- proposed project Railroad auiklIngs Page 2 of 30 reel pp= HALFF 1":/t• Aw�IW.\+�.NI..A^ i*I7..r '.ru..r TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION 1. Collect and Review Existing Data: Obtain Federal Emergency Management Agency (FEMA) Flood Insurance Maps and incorporate 100 -year flood limits into aligmnent study base map. Obtain and review existing RM 620 construction plans. To the extent possible use previously obtained project information acquired on previous projects for use in the schematic and categorical exclusion development. 2. Site Visits: Perform project site visits to photograph, video and identify project constraints, business and private development and details. 3. Incorporate Updated Aerial Photogrammetry: Obtain and use as background aerial photography Digital Ortho Photogrammetry from CAPCOG. This data to be used to supplement the topographic surveys and Digital Terrain Model (DIM) which was acquired and developed on past projects with TXDOT and Williamson County. 4. Adjacent Property Owner Database, ROE Letters, and Color Coded ROW Map: Develop, maintain and update right -of -entry database spreadsheet and mail right -of - entry letters for properties affected by the Preferred Alignment Alternative. Create and update a color coded map detailing the status of each property's right -of -entry status. Estimated and budgeted to forty (40) right -of entry letters. B. DESIGN SUMMARY DOCUMENT AND PRELIMINARY DESIGN CONCEPT CONFERENCE 1. Complete Design Summary Document for project. This task is limited to three updates and re -submittals. 2. Attend Preliminary Design Concept Conference/Kickoff Meeting with the City of Round Rock and appropriate stakeholders at a location determined by the City of Round Rock. C. DEVELOP DESIGN ALTERNATIVE DIAGRAMMATIC -PLAN VIEW LAYOUT 1. Develop 50% design alternative diagrammatic (Plan View layout). a. From Deepwood Drive to IH 35 use display produced by Halff Associates titled "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C" b. Provide preliminary profile grade and cross section design to verify the overpass, and the operational and safety improvements' geometry. Provide a preliminary assessment of bridge structure types at North Lake Creek Drive and Chisholm Trail/UPRR. Page 3 of 30 c. Establish anticipated proposed ROW to support the project improvements. Provide an assessment of potential types of and locations of needed water quality facilities and/or detention facilities. hiclude a depiction of ROW needed to accommodate water quality and/or detention facilities. d. Attend coordination meetings with project stakeholders. Estimate and budget 3 meetings. Estimate and budget 3 hours per meeting for meeting preparation and issuing meeting notes. 2. Submit 50% plan view design alternative diagrammatic to the City of Round Rock/TxDOT for review. Include construction cost estimate, clearly indicating assumptions. 3. Attend 50% plan view design alterative diagrammatic review meeting with the City of Round Rock and appropriate stakeholders. D. DETERMINE EXISTING ROW Determine Preliminary existing ROW -the purpose of this task is to verify existing property lines adjacent to RM 620. The preliminary existing property lines will be used for display purposes in the schematic development to display ROW to be acquired. 1. Incorporate Previous ROW htformation: Use to the extent possible previous existing ROW lines and determinations. Use information previously acquired on TxDOT and Williamson County RM 620 studies. 2. Research and Update Preliminary Existing ROW: This task is limited to researching and acquiring updated data from the Williamson County Appraisal District only. Data will be used in schematic development. Field surveying to locate property corners and property lines is not included in this work. E. DEVELOP FINAL PLAN VIEW DIAGRAMMATIC BASED ON PREFERRED ALIGNMENT ALTERNATIVE 1. Incorporate additional design survey to update project DTM. 2. Develop and submit 90% plan view diagrammatic to the City of Round Rock and appropriate stakeholders for review. 3. Attend 90% final plan view diagrammatic review meeting with the City of Round Rock and appropriate stakeholders. 4. Update final plan view diagrammatic based on the City of Round Rock and appropriate stakeholders comments. 5. Submit final (100%) plan view diagrammatic for approval. See Task VI for completion of detailed design for schematic. Page 4 of 30 F. REGIONAL COORDINATION & TRAVEL FORECASTS Travel forecasts and capacity analyses have been performed for RM 620 under previous studies for the Texas Department of Transportation (TxDOT) and Williamson County. Those studies will be utilized for this analysis. This study will include the RM 620 corridor from Deepwood to IH 35. The City of Round Rock (CORR) 2030 model will be used and calibrated for the project limits. The traffic modeling effort will now include as part of the "build" alternative between Deepwood and the 1H 35 Southbound frontage road a bridge over the UPRR and Chisholm Trail as well as a bridge over N Lake Creek Drive. The "build" alternative will require modifications to the TransCAD model, as well as additional analysis of the new configuration of intersections for the level of service analysis. The project limits and this task will not include any alternative analyses of the interchange at I14-35 and RM 620 except for the impact of the IH 35 southbound frontage road southbound right turn onto RM 620 and eastbound RM 620 right turn onto IH 35 southbound frontage road. This study will not include an origin -destination analysis. 1. Data Collection: To create calibrated traffic projections for the LOS analyses, the ENGINEER will collect traffic data to calibrate the CAMPO TransCAD model. Traffic data has not been collected since 2007 and traffic patterns have changed since then, especially due to the opening of SH 45. The following data will be collected: a. 24 Hour Tube Counts: This task includes conducting 24 hour count data at fourteen (14) locations for 24 consecutive hours. This information will be utilized for calibration and the basis for traffic projections. Tube counts will also include percent truck data to address future traffic projections as required by TxDOT TP&P b. Turning Movement Counts: This task will include collecting Turning Movement Counts at five (5) intersections for 4 hours each. This information will be utilized for analysis of existing conditions and the basis for traffic projections Deliverables Raw traffic data collected during this task will be provided in electronic format and will not include any analysis 2. Travel Demand Model Calibration: In order to accurately analyze the traffic impacts of the project, a regional analysis is necessary. This is best accomplished by travel demand modeling. CORR has a Regional Travel Demand Model based on the CAMPO 2030 model and it will be the basis of the analysis. The model will require refinement and calibration in order to conduct the analysis. The project will start with the 2030 model provided by CORR. Once the project has begun, the team will not switch to a different TransCAD model. This task encompasses the calibration of the model using TransCAD to ensure it accurately represents the current conditions and is detailed enough to provide a thorough analysis. The model calibration will include creating a 2010 base year as well as calibrating and refining the model for the section of RM 620 from Deepwood to IH 35. Page 5 of 30 a. Traffic Analysis Zone Refinement: This task includes refining the existing traffic analysis zones included in the most recent Travel Demand Model for the project area. This process allows a more detailed evaluation of traffic conditions of the proposed project. b. Roadway Network Refinement: This task will include refining the roadway network within the regional Travel Demand Model to a higher level of detail to include local and collector streets. This task will provide the level of detail required to analyze the project area. c. Traffic Assignment & Calibration: Vehicle trip tables and average annual growth rates will be calculated in order to project the expected traffic volumes and distributions based on the model. The information generated by the model for the current year conditions will be compared to the data collected in Task 1 a & b above. Various adjustments will be made to elements of the model to bring it to an acceptable level of representation of existing conditions. Deliverables This task will not include any deliverables. The model will be utilized in later tasks. 3. Design Analysis: This task involves analyzing the new alignment of RM 620 and the associated traffic impacts. Sub -tasks a. and c. listed below will be performed for each study alignment. Sub -task b. will be performed for the Design Schematic and the data will be utilized in the analysis of the Final Approved design. a. Develop Future Year Base Files: Traffic projections will be created for two future year analysis periods (2020 and 2030) based on the CAMPO model future design years. The projections will be generated from the calibrated model developed in the previous task. Expected roadway improvements identified in future CAMPO models will be included in the future base year files. The future year analyses will assume the full build -out of the Round Rock and Williamson County Master Transportation Plans. If the alignments of the roadways in the future models contradict the Master Transportation Plans, the Master Transportation Plans will be assumed to be correct. b. Evaluation of Future Base Year Conditions: This task will include evaluating the network roadways for the two future year models (2020 and 2030) without the proposed project improvements to RM 620. This will be considered the "No Build" alternative. Volume to capacity ratios will be calculated for model roadways to be used as a comparison to future improvement conditions. c. Evaluation of Future Year Conditions with Improvements: This task will evaluate the current year model and two future year models (2020 and 2030) with the impacts of the proposed improvements (based on Option C) to RM 620 included based on the Final Design Schematic. The roadways will be analyzed based on volume to capacity measures and will be compared to those of the "No Build" scenario calculated in the previous task. Deliverables The information developed in this task will be summarized in Task F.4. Page 6 of 30 4. Technical Memorandum: A technical memorandum will be prepared summarizing the data collection, evaluation procedures for the TransCAD model, and the design analysis. Separate technical memorandums will be prepared for the Design Schematic and the Final Approved Design. Deliverables Technical memorandum for Final Plan View Diagrammatic and Final Schematic for the Preferred Alignment Alternative. 5. Traffic Analysis: Engineer will perform a detailed LOS analysis using the Project's official, forecasted design -year traffic volumes. CORSIM will be utilized to model the corridor. This software is being used to provide analysis of the expected queues on the ramps and level of service due to vehicles weaving on the study segment. The LOS analysis will be performed for Option C from the documents prepared for Williamson County in September 2009. Based upon design adequacy as directly related to the Traffic Analysis, Engineer will continue to refine and finalize the schematic. The expansion of Round Rock High School will also be incorporated if a traffic impact study is provided detailing the projected traffic volumes from the expansion by phase. This LOS shall be performed over the area from Deepwood to IH 35. Deliverables The information developed in this task will be summarized in Task F.G. 6. Technical Memorandum: A technical memorandum will be prepared summarizing the level of service analysis. A technical memorandum will be prepared for both the Design Schematic and the Final Approved Design. Deliverables Technical memorandum for both alignments. 7. TxDOT Review and Coordination: Comments from TxDOT will be reviewed and incorporated into the analyses for both the Design Schematic and the Final Approved Design. Deliverables Updated Technical memorandum for both alignments 8. Coordination with CAMPO: As part of the new licensing agreements with CAMPO, a kick-off meeting for each project is requested by CAMPO staff members. Additionally, CAMPO requests the final files and documentation from the project. Deliverables Adjusted model and documentation Page 7 of 30 II. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES The ENGINEER shall undertake the necessary environmental studies and investigations to prepare one (1) Categorical Exclusion (CE) document for the above -referenced project. The CE will be prepared in accordance with the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations, 23 Code of Federal Regulations (CFR) Part 771, 43 Texas Administrative Code (TAC) Chapter 2, Subchapter C, and Federal Highway Administration (FHWA) Technical Advisory (TA) T6640.8A. The format of the CE will follow guidance in the TxDOT Environmental Affairs Division (ENV) Environmental Manual dated October 2004 and the TxDOT ENV Standards of Uniformity (SOU) for Categorical Exclusions (most recent version July 1, 2010). Changes to these standards after this date are not included in this scope of services. A supplemental agreement will be required to address any new standards and/or requirements. Review and approval by the TxDOT Austin District, TxDOT Environmental Affairs Division, and FHWA will be necessary. A. CATEGORICAL EXCLUSION (CE) DOCUMENTATION The CE report will document the economic, social, and environmental conditions and potential impacts of the proposed project. The environmental studies and investigations will include an assessment of one (1) Build Alternative. The impacts analyzed will be in accordance with applicable TxDOT guidelines. According to Chapter 3 in the TxDOT SOU for Categorical Exclusions, the following is an outline for the format and content of this CE. 1. PROPOSED ACTION A. Existing Facility B. Proposed Facility C. Funding and Planning D. Purpose and Need E. Alternatives F. Logical Termini and Independent Utility G. Existing and Proposed ROW 11. SURROUNDING AREA A. Land Use B. Natural Setting III. SPECIFIC AREAS OF ENVIRONMENTAL CONCERN A. Socioeconomics B. Cultural Resources C. Biological Resources D. Water Resources E. Traffic Noise F. Soils G. Hazardous Materials H. Air Quality 1 Indirect And Cumulative Impact Assessment Page 8 of 30 IV PERMITS/COMMITMENTS V PUBLIC INVOLVEMENT SUMMARY VI. CE DETERMINATION Proposed Action: The CE will provide a discussion of the existing facility; proposed facility; project funding and planning; purpose and need; alternatives; logical termini and independent utility; alternatives; and existing and proposed ROW and utility easements. The alternative discussion will include a summary of the RM 620 Corridor Study and the Alternatives Analysis previously prepared for this project. The section will also provide a detailed description of one (1) Build Alternative and a discussion of its advantages and disadvantages as compared to the No Build Alternative. One (1) Build Alternative will be carried through to and analyzed in the CE document. Surrounding Area: The CE will describe the land use in the project area, such as homes, businesses, schools, or parks to provide an accurate picture of the project area. The natural setting of the project area will also be describe, such as the type of vegetation, any water courses, and any resources that will help provide a complete overall picture of the project area. Specific Areas of Environmental Concern: See Task II B below for a description of work to be performed. Permits/Commitments: This section of the document will summarize permits and environmental commitments for the project. Public Involvement Summary: In the CE document, the results of the public meeting will be summarized. Copies of the Public Meeting materials will be submitted to the District. A stand-alone Public Meeting Summary Report will not be prepared. FHWA must approve the CE as "satisfactory for further processing" (SFP) before the Public Hearing can be held. The CE document will reference the Public Hearing Summary Report (Task II D.3). CE Determination: The CE document will include a signature page for the District to sign per TxDOT SOU for Categorical Exclusions. B. SPECIFIC AREAS OF ENVIRONMENTAL CONCERN 1. Socioeconomics: This section will analyze and document potential conununity impacts, environmental justice, Limited English Proficiency (LEP), land use, right-of- way acquisition, displacements, and relocations per Chapter 6 of the TxDOT SOU for Categorical Exclusions. 2. Section 4(0 Resources: Identify, describe, and map public parks and recreation areas, eligible historic structures and sites, and other Section 4(0 resources in the project area. Memorial Park maintained by the City of Round Rock is adjacent to the proposed project. These City of Round Rock previously designated the park for Page 9 of 30 recreational and future transportation uses. If ROW is proposed from Memorial Park, it is anticipated that FHWA would considered it a de minimis impact, due to a portion of the park being designated as a future transportation corridor. Ongoing coordination will occur between the City of Round Rock, TxDOT, and FHWA regarding this park. This scope of services does not include a separate Section 4(0 Evaluation. 3. Cultural Resources: a. Archeological Background Study: The ENGINEER will prepare an archeological background study that conforms to TxDOT's SOU for projects that require specific coordination requests for archeological resources. The Background Studies Report will be submitted to TxDOT-ENV for coordination and recommendations. b. Antiquities Permit Application and Archeological Field Survey: It is anticipated that an archeological field survey would be required by the State Historic Preservation Officer (SHPO). The ENGINEER will prepare a research design that will be sent to TxDOT-ENV and SHPO in order to obtain a Texas Antiquities Permit for an archeological survey. As part of the survey, archeologists would excavate sufficient shovel tests within the area of potential effects (APE) to characterize the soils, determine whether archeological resources are present and, if so, assess those resources. Shovel testing will meet or exceed the Council of Texas Archeologists minimum standards for surveys in Texas. The survey would include visual inspection and shovel testing within all portions of the APE with potential archeological resources, as defined in the background study. Backhoe trenching is not included as part of the proposed survey, as it is assumed that soils will be shallow enough to assess using a shovel. The results of the survey will be included in a professional report which makes recommendations with respect to archeological resources. The report will be submitted TxDOT-ENV for review and approval, then sent to the SHPO for concurrence with the findings. Upon receiving concurrence from TxDOT-ENV and the SHPO, the ENGINEER will prepare up to 20 final copies of the final report, which will be sent to TxDOT- ENV and the SHPO in fulfillment of the Antiquities Permit. Any sites discovered and accompanying notes would be recorded at the Texas Archeological Research Laboratory. c. Reconnaissance -Level Identification And Evaluation Of Historic -Age Buildings, Structures And Objects: A Historic -Age Resource Survey Report (HRSR) of the RM 620 corridor, including the current project limits, was completed in 2007. Information from this report will be used to fulfill regulatory requirements for Section 106 Coordination, when possible. The ENGINEER will prepare a Project Coordination Request (PCR) in accordance with TxDOT standards for review and comment. Page 10 of 30 The ENGINEER will prepare a research design following the current TxDOT SOU for Non -Archeological Historic -Age Resource Research Designs Review Checklist, for approval by the TxDOT ENV. After approval of the research design, the historian will verify the 2007 HRSR information and perform any supplementary historic -age resource survey efforts needed, such that TxDOT can proceed to complete the Federal Section 106 process, and fulfill the requirements of the Texas Antiquities Code, as needed. The ENGINEER will update the 2007 HRSR to meet TxDOT's current SOU for Non -Archeological Historic -Age Resource Reconnaissance Survey Reports. The survey shall document each historic -age resource defined as any building, structure, object, historic district or non -archeological site at least 45 years old at the time of letting, within the Area of Potential Effects (APE) as established in the research design. [Historic -age resource is defined in the 2005 First Amended Programmatic Agreement Among the FHWA, TxDOT, the Texas SHPO (Texas Historical Commission (THC)), the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings, and the Memorandum of Understanding between TxDOT and THC.1 The letter report (up to 15 copies) of findings and recommendations shall have sufficient detail and clarity to provide the THC with the basis for making determinations of National Register of Historic Places (NRNP) eligibility or shall have sufficient detail and clarity to make recommendations concerning the scope of any intensive surveys deemed necessary. If necessary, the ENGINEER shall address comments for the final letter report (up to 15 copies). The Historian will provide cultural resources language for the CE, which will include the results and a discussion of the findings in the HRSR and any project impacts. 4. Biological Resources: This section will include a discussion about the project's compliance with the following federal and state regulatory requirements. • Endangered Species Act of 1973 • Migratory Bird Treaty Act • Fish and Wildlife Coordination Act • Farmland Protection Policy Act • Executive Order on Invasive Species • Environmentally and Economically Beneficial Practices on Federal Landscaped Grounds • Texas Parks and Wildlife Department (TPWD) Coordination per MOU/MOA Documentation A determination will be made of vegetation and habitat impacts in accordance with the MOU and MOA between TxDOT and the TPWD. Federal and State threatened and endangered species will be documented for the project area. The ENGINEER will obtain TPWD Natural Diversity Database (NDD) information, analyze and present results in this section. Analysis will determine whether suitable habitat is present within the project area, and if the project is Page 11 of 30 anticipated to impact any threatened and endangered species. No agency coordination or mitigation plans are included in this scope of services for any species other than the Bone cave harvestman as described in Task II 4.a and Task II 4.b. a. Endangered Karst Invertebrate Due Diligence Standard/Karst Features hivestigations: Determining whether a geographic area is occupied by listed karst invertebrates is inherently difficult. Habitat for the invertebrates can be highly cryptic within the landscape. Cave entrances are often concealed by thick brush or blocked by natural or man-made materials, which have to be removed to make the habitat accessible by researchers. Once accessed, the habitat is a difficult working environment and individuals belonging to listed species are often cryptic within the habitat because they are small (some species are less than 2 min long), because they occur in small numbers, because they retreat beneath rocks or within inaccessible parts of the cave, or because they enter the humanly accessible part of the cave only on a seasonal basis. In an attempt to define a due diligence standard the U.S. Fish and Wildlife Service (USFWS) has developed protocols for determining the presence or absence of listed karst invertebrates. These protocols have gone through several drafts since 1999 and the most current iteration is incorporated into the conditions of incidental take permits issued to authorize researchers such as the ENGINEER. The first step in the due diligence process is to survey the surface area for karst terrain features that may indicate the potential for habitat in the sub -surface. The second step is to investigate any karst terrain features located for the potential to contain endangered species habitat. This step often involves excavating sinkholes or potential blocked cave entrances. Should potentially suitable habitat be found within a cave, the third step is to conduct a presence/absence survey for the species within the cave. A minimum of three biological surveys are required before absence of species can be concluded, preferably conducted in at least two suitable collecting seasons. Suitable collecting conditions are defined primarily by the absence of extreme weather conditions including high and low temperatures, and drought and flooding conditions. The following tasks are proposed to complete the karst due diligence process for the proposed project. The scope of services includes conducting Phase I and potentially Phase II and III karst investigations to determine the presence or absence of the endangered Bone Cave harvestman (Texella reyesi), and producing a biological evaluation document. The scope of services will incorporate results of a significant amount of work already completed during the interim RM 620 improvements project. Previous surveys of the RM 620 corridor have identified several caves containing endangered karst invertebrates and numerous other karst features. The ENGINEER proposes to conduct additional karst investigations of these areas primarily involving pedestrian surveys and excavation of loose material obscuring the full nature and extent of potential karst features. Excavation will be Page 12 of 30 performed under the supervision of a registered professional geologist who is permitted for such activity by the USFWS. According to USFWS protocols these features will be excavated to a point that a cave is encountered or technicians encounter solid bedrock with no portals, tightly packed with clay without airflow, potential archaeological or paleontological materials, or bedrock restrictions that would require large-scale surface or cave alterations to proceed. At the conclusion of excavation activities each feature will be assessed for its potential to provide habitat for endangered karst invertebrates. Field surveys conducted for karst invertebrate analysis will also satisfy the requirements of the Texas Commission on Environmental Quality for a Geologic Assessment to be included with the project Water Pollution Abatement Plan. Under this task, the ENGINEER will also produce a complete Geologic Assessment report signed and stamped by a Texas -licensed professional geoscientist. Any newly discovered caves with potential habitat for endangered species will be entered in order to gather data pertinent to determining their footprints, subsurface drainage areas, ceiling thickness, and any other details significant to project engineering needs. The surface area surrounding caves with known or potential habitat will be surveyed to determine surface drainage areas. The results of our excavations and habitat evaluations will be incorporated into a final karst terrain features survey report. The ENGINEER will prepare sketch maps of any new caves encountered. The precise level of effort required to complete this task according to USFWS protocols will not be known until excavation work begins. Some features will require less than a half day to resolve while others may require several days or more. The following estimate is based on our experience with similar projects. Based on the results of the pedestrian survey and excavation we estimate that at least one feature will require biological sampling to determine presence/absence of endangered karst invertebrates. Biota surveys will be conducted by a USFWS-permitted Supervisory Biologist. Data collected during the survey will include the actual counts and approximated counts of invertebrates observed. USFWS sample diligence and thoroughness requirements will be adhered to during the survey. The survey will be conducted in the absence of extreme weather conditions (such as flooding or temperatures above 100 °F or below 40 °F) within the previous 30 days. A stand-alone report of the results of biological surveys will be produced following completion of field -work and taxonomic verification of specimens collected. This task includes preparing documentation for participation of the project in the Williamson County Regional Habitat Conservation Plan. b. Endangered Karst Invertebrate Environmental Document (OPTION 1) The ENGINEER will prepare a biological assessment (BA) or Biological Page 13 of 30 euen--expected impacts to the eiva -te occur in the general -project arca. The BA will also be-required-te-address-the and operation of the project. Based on recent experience, the ENGINEER potentially including the TxDOT Austin District, TxDOT ENV, the USFWS, others. 5. Water Resources: This section will include a discussion about the project's compliance with the following regulatory requirements. • Section 404 of the Clean Water Act: Waters of the U.S., Nationwide Permits (NWP); • Section 401 of the Clean Water Act: Water Quality Certification; • Executive Order 11990, Wetlands; • Rivers and Harbors Act of 1899, Section 10; • Section 303(d) of the Clean Water Act; • Section 402 of the Clean Water Act: Texas Pollution Discharge and Elimination System, Construction General Permit; • Section 402 of the Clean Water Act: Texas Pollution Discharge and Elimination System, Municipal Separate Storm Sewer System (MS4); • Floodplain; and • Edwards Aquifer Recharge and Contributing Zones No field work will be performed and no permits will be obtained under this task for any of the regulations listed above, except for waters of the U.S. under Nationwide Permit Number 14 (NWP 14) of the Section 404 of the Clean Water Act as described below. Field work and potential coordination with the U.S. Army Corps of Engineers (USACE) Section 404 of the Clean Water Act will be performed as described below. The analysis will include a description of the waters of the U.S. and wetlands in the project area, a listing of the temporary and permanent impacts from the project, a discussion of the applicable Section 404 permits that would be required, and compensatory mitigation discussion (if required). A jurisdictional determination of waters of the US, including wetlands, will be made within the anticipated ROW for the project. This determination will include delineation of the boundaries and ordinary high water mark of jurisdictional waters Page 14 of 30 within the ROW. It is anticipated that this project will be covered under a NWP 14 with a potential requirement for a pre -construction notification (PCN) to be sent to the USACE. Preparation of a mitigation design plan or an USACE 404 Individual Permit Application is not included in this scope of work. 6. Traffic Noise: A noise analysis will be prepared for the Build and No -Build Alternatives using the FHWA Traffic Noise Model. In accordance with TxDOT and FHWA guidelines, the analyses will include existing noise levels, predicted noise levels, the consideration and evaluation of noise mitigation, and noise contours for undeveloped lands. Using the appropriate noise contours, the ENGINEER will prepare and send letters to local governments advising them of the noise impact contours for undeveloped lands for their future land use planning. TxDOT standard format and language will describe the noise analysis in the environmental document. This scope of services does not include conducting noise mitigation workshops. If noise mitigation is warranted, these services will require a supplemental agreement. 7. Soils: This section includes a discussion of mapped soil types and farmlands in the project area. 8. Hazardous Materials: This section includes analysis and discussion of known and potential hazardous tnaterial facilities in the project area and their potential to adversely affect the subsurface conditions of the project. A site visit will be performed and the TxDOT Initial Site Assessment form will be completed per SOU requirements. Any required hazardous materials sampling, asbestos survey, or lead- based paint survey would be conducted by others. 9. Air Ouality: This section includes a discussion the project's consistency with transportation plans and funding, National Ambient Air Quality Standards (NAAQS) transportation conformity, Carbon Monoxide (CO) Traffic Air Quality Analysis (TAQA), Mobile Source Air Toxics (MSAT), and the Congestion Management Process/System, and construction emissions. A qualitative MSAT analysis will be performed basis on sensitive receptors in the project area. Traffic volumes would not exceed 140,000 vehicles per day for either estimated time of completion (ETC) or the design year conditions; therefore, Carbon Monoxide (CO) modeling and a quantitative MSAT analysis are not required. An indirect and cumulative impact analysis will not be performed for air quality. 10. Indirect Impact Analysis: The ENGINEER will prepare an indirect impact analysis in accordance with TxDOT's June 2009 Guidance on Preparing Indirect and Cumulative Impact Analysis. The indirect impacts analysis will analyze project impacts related to encroachment, access -alteration effects, and project related -influenced development effects. Page 15 of 30 11. Cumulative Impacts Analysis: The ENGINEER will prepare a cumulative impact analysis in accordance with TxDOT's June 2009 Guidance on Preparing Indirect and Cumulative Impact Analysis. The cumulative impact analysis will analyze the project's incremental direct and indirect effects on a resource in the context of other past, present, and future effects on a resource from other reasonably foreseeable activities. C. CONSTRAINTS MAPPING AND EXHIBIT PREPARATION Readily available environmental information relative to the project area will be acquired during research efforts and from appropriate local, state, and federal agencies. The ENGINEER will prepare an environmental constraints map for use during the Public Meeting and Public Hearing [See Task III. F.]. These exhibits may include, if appropriate, the following: • Topography and potential waters of the U.S. — U.S. Geological Survey Quadrangle Maps • Floodplains - FEMA • Hazardous materials sites as identified by a regulatory database review • Potential archeological and historic resources located within the APE • Parcel Boundary Lines — Williamson County Appraisal District • Land Use and Zoning — City of Round Rock • Soil Classification -- U.S. Department of Agriculture, Natural Resources Conservation Service • Vegetation Types — TPWD • Endangered Species — TPWD • 2000 Census data — U.S. Census Bureau • Historic Aerials • Utility easements and known utilities within the proposed project study For the CE, the ENGINEER will create up to 10 different exhibits, calculation sheets, and worksheets to be included in the CE and/or submitted separately for TxDOT's project files. Surveys, technical reports, etc. may be included in the CE document, or included by reference. If they are included by reference, copies will be submitted to the TxDOT Austin District project file. Information will include: • County road map showing project area • Typical sections (showing dimensions) for both existing and proposed conditions • Project layout, including schematic design • Photographs (including natural resources and potential historic resources) • Copies of Surveys (National Wetland Inventory, historic resources, etc.) • Natural Diversity Database check • Record of any preliminary coordination Page 16 of 30 D. DOCUMENT REVIEW (TxDOT AUSTIN DISTRICT, TxDOT ENV, FHWA) In an effort to streamline the review process, the ENGINEER will submit the draft document to the TxDOT Austin District and TxDOT ENV for concurrent review. Comments will be addressed and revisions made to the document at the same time. Once the document has been reviewed and approved by the TxDOT Austin District and TxDOT ENV, the draft document will be submitted to FHWA for review. It is estimated and budgeted that two (2) review cycles per submittal will be required to incorporate District, ENV, and FHWA review comments. This Scope of Services includes a total of four (4) cycles prior to the Public Hearing to achieve satisfactory for further processing (SFP) and four (4) cycles post Public Hearing to achieve approval as a Categorical Exclusion. 1. DISTRICT/ENV CONCURRENT REVIEW (2 Cycles) a. Submit Draft CE to District/ENV for concurrent review; b. Address District and ENV comments simultaneously; c. Resubmit Draft CE for 2"d review; d. Address District and ENV comments simultaneously; and e. Resubmit Draft CE for submittal to FHWA (see below). 2. FHWA REVIEW (2 Cycles) a. Submit Draft CE to FHWA for review; b. Address FHWA comments c. Resubmit Draft CE for 2"d review; d. Address FHWA comments; and e. Resubmit Draft CE for FHWA's satisfactory for further processing approval (clearance to proceed to Public Hearing). 3. Prepare Public Hearing Summary Report and revise CE Per Public Hearing comments (if necessary) 4. POST PUBLIC HEARING DISTRICT/ENV CONCURRENT REVIEW (2 Cycles) a. Submit CE and Public Hearing Summary Report to District/ENV for concurrent review; b. Address District and ENV comments simultaneously; c. Resubmit CE and Public Hearing Summary Report for 2" d Review; and d. Resubmit CE and Public Hearing Summary Report for submittal to FHWA (see below) 5. POST PUBLIC HEARING FHWA REVIEW (2 Cycles) a. Submit CE and Public Hearing Summary Report to FHWA for review; b. Address FHWA comments c. Resubmit CE and Public Hearing Sununary Report for 2" d Review; d. Address FHWA comments; and Page 17 of 30 e. Resubmit CE and Public Hearing Summary Report for approval; f. Once approved, submit final copies for TxDOT District, TxDOT ENV, and FHWA files (labor for printing only) Deliverables • 4 copies of the Draft CE to District (2 submittals, 2 hardcopies for each submittal) • 12 copies of Draft CE to ENV (2 submittals, 6 hardcopies for each submittal) • 30 copies of Draft to CE FHWA (2 submittals, 15 hard copies for each submittal) • 2 copies of the CE for display at the Public Hearing • 4 copies of Final CE and Public Hearing Documentation to District for Review (2 submittals, 2 hardcopies for each submittal) • 12 copies of Final CE and Public Hearing Documentation to ENV for Review (2 submittals, 6 hard copies for each submittal) • 30 copies of Final CE and Public Hearing Documentation to FHWA for Review (2 submittals, 15 hardcopies for each submittal) • 23 copies Final CE • 5 CDs containing files of the Final CE (Microsoft Word Version of the document, .pdfs of all of the exhibits and appendices, and supporting documentation) III. PUBLIC INVOLVEMENT The Engineer will design and implement a comprehensive public involvement program and communication plan utilizing a variety of public inforniation/outreach tools including the Systematic Development of Informed Consent (SDIC) model (Systematic Development of Infornied Consent (SDIC): Institute for Participatory Management and Planning, January 2000). The ENGINEER will establish the need for the improvements to RM 620 and show how congestion and safety will be improved, thus establishing the City's role as legitimate. The team will also communicate to the public that the City of Round Rock is addressing the serious nature of the transportation problem. The premise is that accomplishing these two objectives, in combination with a thorough public involvement process, will allow the City of Round Rock to achieve informed consent. A goal of the public outreach team will also be to gather consent from the fiercest opponents of the project. The team will seek out stakeholders from all sides of the project. By gathering consent from the public, elected officials and stakeholders you ensure project success and project implementation. The ENGINEER recommends utilizing the following public outreach tools for the RM 620 project: A. Identify stakeholder groups and develop stakeholder database. B. Development of effective communication materials. C. Conduct stakeholder interviews and meetings. D. On-going and regular updates with City staff and Council Members. E. Facilitated meetings. F. Hold public meetings, open house meetings and public hearings. Page 18 of 30 Following is a discussion of each of these elements. A. IDENTIFY STAKEHOLDER GROUPS Stakeholder groups would include, but not be limited to, adjacent property owners, neighborhood associations, businesses, property management firms, civic groups, sports and recreation interests, churches, schools, health providers, cultural organizations environmental organizations and community activists. The ENGINEER will design, construct and update a comprehensive, integrated data base of stakeholder contact information. Deliverable Stakeholder Database, up to 1,000 contacts B. COMMUNICATING INFORMATION Critical to successful consensus -building and public buy -in is presentation of clear, concise, and accurate information about the issues and the solutions being proposed to address those issues. The ENGINEER will work directly with City and project team staff to identify key issues for the project. As appropriate to the scope of work, fact sheets, brochures, media advisories, maps, newsletters, and meeting presentation materials will be prepared that are appropriate to a diverse range of constituencies. Deliverables • Prepare/Mail Public Meeting/Hearing Notice via Project Mailing List (two versions, up to 1,000 letters per public meeting/hearing) • Media Advisories (up to 5) • Major Milestone Updates (up to 5, to be provided to the City of Round Rock to be posted on their website and emailed to stakeholder database) • Agendas (two versions, up to 200 hardcopies per meeting/hearing) • Handout materials (includes location map, timeline, typical section, environmental issues; two versions of each, up to 200 hardcopies per meeting/hearing) • Comment Forms (two versions, up to 200 hardcopies per meeting/hearing) • Sign -in Sheets (two versions, up to 25 per meeting/hearing) • Exhibits/Displays (20 total, up to 10 different exhibits per meeting/hearing [including directional signs]) • PowerPoint Presentation Handout (two versions, up to 300 copies per meeting/hearing) C. CONDUCTING STAKEHOLDER INTERVIEWS AND MEETINGS Up to 9 stakeholder interviews and meetings will be held throughout the development of the RM 620 project. Stakeholder meetings would be held with targeted groups important to the consensus -building process and can be expected to be more issue -focused than the general stakeholder meetings. Include in these meetings a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. Page 19 of 30 Deliverables Meeting Minutes (up to 9 meetings) D. ON-GOING AND REGULAR UPDATES WITH CITY STAFF AND COUNCIL MEMBERS Up to 9 meetings with City Staff and Council members will occur to keep them informed of the planning process. When citizens are upset about a project they usually call their elected official first. It is imperative to the success of the project to keep Council Members and staff informed of the latest issues and progress so they are not "caught off - guard" by a citizen's call. It will be our responsibility to ensure that they have the latest information as well as the same information as the project team. Everyone needs to be on the same page with the correct information. In addition to progress reports and/or meetings, major mile project project updates will be prepared for the City to post on their website. This allows staff and elected officials to have a consistent source of reference for themselves and their citizens. Include in these meetings a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. Deliverables Meeting Minutes (up to 9 meetings) E. FACILITATED MEETING One (1) facilitated meeting will be held during the planning process. One of the best ways to cope with concerns and opposition is to discern the real motivation behind them. This can be done through person to person interviews or facilitated small group discussions. While the stakeholder meetings will resolve many of the concerns over the project, occasionally it is better to handle them as a facilitated meeting. A facilitated meeting will allow the ENGINEER and City staff to meet with concerned groups without the burden of having to umpire the meeting. This allows the ENGINEER and Staff to logically present the facts of the issue without the appearance of controlling the flow of information. The Facilitator can act as a neutral third party, allowing both the concerned citizen and the ENGINEER and City staff to express their thoughts. The goal is to use the neutrality of the Facilitator to conduct the meeting in a manner where both sides feel free to openly express their concerns. Once the root concerns are determined it is then possible to address them effectively. Even if all demands or concerns cannot be resolved, the perceived fairness in which the exchange of information is had demonstrates the willingness of the City to operate in an open and transparent manner. While some hardcore opponents may never agree that they are being fairly treated, the openness and fairness of the process will demonstrate to the general public that the city is acting in a responsible manner. Page 20 of 30 Deliverables Meeting Minutes (1 meeting) F. PUBLIC MEETING AND HEARING The ENGINEER will plan for one (1) Public Meeting and one (1) Public Hearing. The Public Meeting and Public Hearing should be held following the environmental milestones. Public input early and throughout is essential in order to incorporate comments into the design and environmental process. These meetings also offer a traditional and familiar means for people to obtain information about the project and express their issues and concerns. These meetings also serve to comply with environmental regulations. It is recommended that the Public Meeting and Public Hearing be advertised in the general section of the newspaper as opposed to the legal section in order for more people to see the public notice. Flyers, postcard mail -outs and coordination with neighborhood associations are other effective forms of "getting the word out" about upcoming meetings. Include in the Public Meeting a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. For the Public Meeting/Hearing, the ENGINEER will: 1. Prepare and deliver the technical presentation (as required) 2. Make arrangements for a public meeting such as arrange for facility, court reporter, translator, security, clean-up, etc 3. Prepare communication materials for public meeting (hours shown under Task B) 4. Coordinate preparation of Spanish language versions of all materials, if needed 5. Prepare and mail letters to property owners and elected officials 6. Coordinate public meeting notice with newspapers (assume City of Round Rock will pay fees for advertising for Public Meeting) 7. Attend public meeting (staff for sign -in table and to talk with citizens) 8. Provide tearsheets and court reporter for summary report 9. Make arrangements for a public hearing such as arrange for facility, court reporter, translator, security, clean-up, etc. 10. Prepare communication materials for public hearing (hours shown under Task III B). 11. Coordinate preparation of Spanish language versions of all materials, if needed 12. Prepare and mail letters to property owners and elected officials 13. Coordinate public hearing notice with newspapers(assume City of Round Rock will pay fees for advertising for Public Hearing) 14. Attend public hearing (staff for sign -in table and to talk with citizens) 15. Provide tearsheets and court reporter transcripts for summary report See Task II D.3 for the preparation of the Public Hearing Summary and Analysis/Response to Comments Report. Page 21 of 30 IV. PROJECT MANAGEMENT A. INVOICING/PROGRESS REPORTS The ENGINEER will create monthly invoices and prepare monthly progress reports for submission to the City of Round Rock for requests for payment. B. COORDINATION The ENGINEER will coordinate project details with the City of Round Rock and appropriate stakeholders through meetings, phone calls and emails. (Estimate and budget 50 meetings over the course of the project development. Estimate and budget 3 hours per meeting for meeting preparation and issuing meeting minutes.) 1. Meetings 2. Phone calls 3. Emails C. SUBCONSULTANT COORDINATION The ENGINEER shall prepare and execute contracts with sub -consultants, monitor sub - consultants activities (staff and schedule), and review and recommend approval of sub - consultant invoices. D. PROJECT ADMINISTRATION & FILING The ENGINEER will prepare, distribute and file written and electronic correspondence. The ENGINEER will conduct and document phone calls and conference calls as required during the project to coordinate work for the various team members. The ENGINEER will maintain project files for the length of the project. E. PROJECT CLOSEOUT The ENGINEER shall provide the City of Round Rock the required documentation when notified in writing by the City of Round Rock that the project is complete. V. FIELD SURVEYING Tlie ENGINEER will utilize to the extent possible information and files for topography, and subsurface utility engineering associated with previous TxDOT and Williamson County RM 620 projects. A. PERFORM FIELD SURVEYING The ENGINEER will perform appropriate field surveying for the purposes of acquiring updated topography such as recent developments and driveways or cross streets. Additional surveying services niay include drainage structures, Brushy Creek channel Page 22 of 30 sections, UPRR information or other information as needed by the ENGINEER. (This task is limited to 9 three man field crew 8 hour working days with appropriate Survey Management.). This task does not include research or establishment of existing property corners or property Iines. B. PROCESS FIELD SURVEYING The ENGINEER will process field survey data for the purpose of updating 2D and 3D topographic files, digital terrain models. This may entail processing survey data for use in hydraulic or hydrologic studies. VI. ROADWAY DESIGN CONTROLS A. DEVELOP PRELIMINARY DESIGN FOR ONE (1) PREFERRED ALIGNMENT ALTERNATIVE 1. Develop typical sections for the alignment alternative and for typical cross streets. 2. Develop preliminary horizontal and vertical alignments for RM 620 and cross streets for the alignment alternative. a. This task will involve the profiling RM 620 safety improvements. Also this includes potential revisions to Chisholm Trail and the connection to RM 620 near IH 35. Preliminary cross sections will be developed for RM 620. b. Special consideration will focus on the segment of the project from Deepwood Drive to IH 35. Provide preliminary design for RM 620 safety improvements and cross streets, and connections. c. Develop schematic bridge layout for structure over North Lake Creek Drive. d. Develop schematic bridge layout for twin bridge structures over Chisholm Trail and the UPRR. Develop schematic bridge designs that provide a structure height that allows for local access road to pass under the eastbound bridge (in order to reduce ROW footprint). 3. Develop aesthetic details. a. Incorporate onto the project schematic -develop and coordinate with City of Round Rock for identification of aesthetic details for North Lake Creek overpass, and Chisholm Trail/UPRR overpass. b. Incorporate onto the project schematic -develop and coordinate with the City of Round Rock for aesthetic proposals for retaining walls that will be required. c. Develop Context Sensitive Solutions for aesthetic treatments for bridges, retaining walls, street lighting, traffic signals and landscaping. Conceptual treatments to be developed using Central Texas and specifically Round Rock as centralized components. This task does not include flatwork or hardscaping including pavers. (i) Produce Vision and Theme conceptual design details as a Master Aesthetic Plan prior to public involvement events, including city council meeting and stakeholder events. Submit to CORR for review and comment. (ii) Revise Vision and Theme conceptual design details -develop Conceptual Master Aesthetic Plan. Page 23 of 30 d. Revise and update Conceptual Master Aesthetic Plan design details for a maximum of two design submittal iterations after receiving public official and stakeholder input. Limit the production of the revised Conceptual Master Aesthetic Plan to two (2) iterations. Final product is Corridor Master Aesthetic Plan for bridges, retaining walls, street lighting, traffic signals and landscaping. 4. Develop preliminary construction cost estimates for the alignment alternative. Clearly indicate assumptions for the development of the preliminary construction cost estimate 5. Establish and display preliminary right-of-way requirements for the alignment alternative schematic including ROW requirements for water quality/detention facilities. • 6. Submit preliminary design schematic for one preferred alignment alternative to the City of Round Rock and appropriate stakeholders for review and comment. 7. Attend preliminary design schematic review meeting with the City of Round Rock and appropriate stakeholders to discuss design issues, construction cost estimate and preliminary right-of-way requirements B. SIGNING REQUIREMENTS 1. Develop 50% preliminary large signing scheme. 2. Submit 50% preliminary large signing scheme to the City of Round Rock and appropriate stakeholders for review and comment. 3. Receive comments to 50% preliminary large signing scheme. Revise large signing scheme. 4. Include large signing scheme on final project schematic of the Preferred Alignment Alternative. C. SUBSURFACE UTILITY ENGINEERING 1. Verification of the SUE work Halff performed in 2007 on RM 620 from IH 35 to Deepwood Drive. This task will include the following activities. a. Provide 2007 utility plans to utility companies requesting as -built information, verification of the utilities shown and any proposed utility installations. b. Identify and locate horizontally existing utilities not shown on the 2007 SUE plans. Utilities will be located to Quality Level "B" as defined by ASCE 38-02: Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data 2. Identify potential conflicts between existing utilities within the project limits and new facilities associated with the proposed RM 620 schematic and associated design assumptions. If utilities are determined to be in conflict, the respective utility companies will be responsible for preparing design solutions for their affected utilities. 3. Coordinate and meet with City of Round Rock to discuss SUE data and potential utility constraints within the project corridor. Estimated and budgeted for one (1) meeting. Page 24 of 30 4. Perform up to ten (10) Quality Level "A" test holes for various utility locations as coordinated with the City of Round Rock. 5. Provide SUE Deliverables including: a. Two (2) 11"x17" color sets of plans containing the horizontal locations of the designated utilities b. Test Hole Data Forms will be completed and submitted for each hole performed indicating depth, size, condition, and material of the utility. c. Electronic files will be provided in Microstation (DGN) format. D. DETERMINE CONSTRUCTION PHASING Develop construction phasing scheme at the preliminary design of the Preferred Alignment stage of the project development. Update and submit final construction phasing determinations with the final submittal of the schematic for the Preferred Alignment Alterative. Construction phasing will be developed assuming two lanes of traffic in each direction is maintained on RM 620 at all times. The production of construction phasing determinations is limited to the segment of RM 620 from Deepwood Drive to IH 35. 1. Develop construction phasing layouts at the preliminary design of the Alignment Alternative stage of the project development. Estimated and budgeted for one (1) submittal. 2. Provide color coded plan view layouts depicting area of construction and locations of traffic movements. 3. Develop final construction phasing layouts of the Preferred Alignment Alterative. Estimated and budgeted for one (1) submittal. 4. Submit final construction phasing layouts with the final project schematic of the Preferred Alignment Alterative. E. RAILROAD COORDINATION 1. Meet with Union Pacific Railroad (UPRR) officials. City of Round Rock officials may decide to attend these meetings (Estimate and budget 3 meetings) 2. Develop and document UPRR constraints and inputs 3. Provide UPRR officials drawings of proposed designs. 4. Document correspondence with UPRR officials for improvements to RM 620 at UPRR crossing. This task does not include the production of Exhibit A Railroad Bridge Layout or a License Agreement with UPRR. F. DEVELOP FINAL PROJECT SCHEMATIC OF THE PREFERRED ALIGNMENT ALTERNATIVE 1. Incorporate comments from the review of the preliminary design schematic review meeting. 2. Develop and update final typical sections for the Preferred Alignment Alternative. 3. Develop and update final horizontal and vertical alignments based on comments from the review of the preliminary design schematic. Page 25 of 30 4. Develop final cross sections based for the Preferred Alignment Alternative. 5. Develop final construction cost estimate based on the Preferred Alignment Alternative. 6. Establish and display final right-of-way requirements (including water quality/detention facilities, drainage and construction easements) for the Preferred Alignment Alternative. 7. Submit final project schematic of the Preferred Aligmnent Alternative to the City of Round Rock and appropriate stakeholders. VII. DRAINAGE DESIGN Evaluate existing drainage structures from Deepwood Drive to I-1 35. Evaluate and analyze impact of improvements along Brushy Creek. Develop drainage report listing recommendations. This preliminary drainage report submission shall include the overall drainage plan, existing and proposed drainage structure layout, and hydraulic computations. Attempts will be made to maintain the existing drainage patterns to the extent possible. Hydraulic design shall be in accordance with the TXDOT design and construction standards. Hydrologic and hydraulic analyses will be based on best available data/models to be obtained from previous LOMR's, Brushy Creek WCID and Williamson County. This task does not include the development of new hydraulic and hydrologic models. A. ANALYZE EXISTING DRAINAGE STRUCTURES TO ESTABLISH EXISTING CONDITIONS 1. Determine drainage areas, and produce drainage area maps. 2. Develop hydrologic data/discharge information. 3. Develop stage/discharge information. 4. Obtain Brushy Creek hydraulic model from Brushy Creek WCID or Williamson County to analyze and accurately map Brushy Creek Floodplain in the vicinity of proposed roadway improvements. B. ANALYZE PROPOSED DRAINAGE STRUCTURES FOR SELECTED ALIGNMENT ALTERNATIVE 1. Determine revised drainage areas for proposed drainage structures and produce proposed drainage area maps. 2. Develop hydrologic data/discharge information. 3. Develop stage/discharge information. 4. Analyze proposed drainage structures. 5. Analyze proposed floodplain encroachment of Brushy Creek Floodplain C. DEVELOP DRAINAGE REPORT 1. Develop preliminary drainage report and submit to the City of Round Rock and appropriate stakeholders for review and comment. Page 26 of 30 2. Revise drainage report based on comments by the City of Round Rock and appropriate stakeholders. Develop and submit final drainage report to the City of Round Rock and appropriate stakeholders. VIII. ADDITIONAL RESPONSIBILITIES A. LETTERS OF PERMISSION 1. Maintain and update right -of -entry database spreadsheet. It is assumed that right -of - entry will be required for the work in this contract. B. PROJECT MANAGER/ENGINEER COMMUNICATION 1. Designate one Registered Professional Engineer (Texas) to be responsible for the project development, project management, and communications with the City of Round Rock. C. SUBMITTAL REQUIREMENTS 1. Alignment Alternative 50% Submittal: Two alignment alternative schematic documents, preliminary construction cost estimate using EXCEL. 2. Alignment Alterative 100% Submittal: Two alignment alternative schematic documents, preliminary construction cost estimate. 3. Selected Preferred Alignment Alternative 90% Submittal: Schematic document, construction cost estimate, preliminary hydraulic report. 4. Selected Preferred Alignment Alternative 100% Submittal: Schematic document, construction cost estimate, final hydraulic report. D. DOCUMENT AND INFORMATION EXCHANGE 1. Furnish to the City of Round unprocessed data, computer outputs, reports, or other submissions of text in printed form, as well as Compact Disk (CD/DVD). Supply data in the form of MicroStation V8, GEOPAK, Microsoft WORD or EXCEL or other approved formats. The following items are excluded from the proposed scope of services offered under this proposal: 1. Attending or conducting Value Engineering sessions. 2. Preparing and submitting the notice of intent (NOI) for SW3P activities to the appropriate agencies. 3. Performing public involvement (beyond tasks identified above). 4. Exposing and tying existing underground utilities/facilities (beyond tasks identified above). 5. Researching private drainage systems and incorporating same into proposed drainage facilities design. Page 27 of 30 6. Developing alternate facilities designs (i.e. steel superstructure and concrete superstructure for bridges, etc.) (beyond the tasks identified above). 7. Performing pavement corings to verify existing pavement thicknesses. Performing forensic pavement analyses. 8. Performing traffic impact studies (beyond tasks identified above). 9. Designing landscaping and irrigation/sprinkler facilities. 10. Designing hardscape (enhanced flatwork) facilities. 11. Designing noise abatement facilities. 12. Developing wetland, tree, etc. mitigation plans/designs. 13. Designing pavement structure drainage systems. 14. Designing storm water pump stations. 15. Coordinating design with FEMA. Preparing LOMR/CLOMR. 16. Designing public and/or franchised utility adjustments or systems. 17. Preparing and submitting quantity calculation backup/records. 18. Confirming and resetting project control monumentation if disturbed by others (i.e. utility companies, mowing operations, etc.). 19. Providing right-of-way acquisition services (i.e. property valuations, damages assessments, condemnation assistance/services, negotiations, relocation assistance, property management, serving as right-of-way agent, etc.). 20. Design of improvements/modifications to private facilities (i.e. sprinkler systems, security systems, parking facilities, temporary perimeter fences, etc.) to accommodate the proposed improvements. 21. Developing additional alternatives (beyond tasks identified above). 22. Iterating design tasks, or portions thereof, after a design issue consensus has been reached or due to receipt of instructions or information contrary to previous directives and information or due to revisions in design criteria. 23. Providing survey boundary services for right-of-way acquisition or easements. 24. Preparing an USACE 404 Individual Permit. 25. Preparing a mitigation design plan is not included in this scope of work. 26. Preparing a Section 4(f) Evaluation. 27. Development of Exhibit A Railroad Exhibit. 28. Development of UPRR License Agreement. 29. Public Involvement Activities that are excluded: media advisories (beyond the tasks identified above), a project website, information phone line and a speakers bureau. 30. Creating Visual Technologies rendering of the project area including High Definition 3D Visualization. 31. Fees for advertising in newspapers for Public Hearing/Meeting. 32. An Indirect and Cumulative Impact Analysis will not be performed for air quality. Any additional services required beyond those specifically identified in this proposal are beyond the scope of services to be provided under this proposal. Any required additional services will be separately identified and negotiated and such additional scope and commensurate fee will be executed/authorized under a supplement agreement to this proposal/contract. Page 28 of 30 APPENDIX A: The ENGINEER will provide equipment, material, labor and supplies (except as shown on EXHIBIT A) necessary to accomplish the Project Tasks. The work will be performed in accordance with, but not limited to, the following manuals and standards: 1. City of Round Rock Design and Constniction Standards 2. Standard Specifications for Construction of Highways, Streets, and Bridges, 2009 - TxDOT. 3. Bridges and Structures Operation and Planning Manual - TxDOT. 4. Bridges and Structures Hydraulic Manual - TxDOT. 5. Bridges and Structures Design Examples - TxDOT. 6. Standard Specifications for Highway Bridges - AASHTO. 7. TxDOT Roadway Design Manual. 8. TxDOT Environmental Manual. 9. A Policy on Geometric Design of Highways and Streets, 2004 AASHTO. 10. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB) 11. Technical Advisory T6640.8A - FHWA. 12. Noise Guidelines - TxDOT. 13. Air Quality Guidelines - TxDOT. 14. Texas Manual on Uniform Traffic Control Devices - TxDOT. 15. Standard Highway Sign Designs for Texas - TxDOT. 16. Utility Accommodation Policy - TxDOT. 17. Utility Manual - TxDOT. 18. Code of Federal Regulations, Title 23 - "Highway" - Federal Register. 19. Administrative Order No. 5-89 - Signing, Sealing and Dating of Engineering Documents. - TxDOT. 20. Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating Procedures for Department Engineering Documents - TxDOT. 21. Guide for the Development of Bicycle Facilities, 2002 - AASHTO. 22. Guide for the Design of High Occupancy Vehicle Facilities, 2001 - AASHTO. 23. Right -of -Way Manual - TxDOT. 24. U.S. Army Corps of Engineers Wetland Delineation Manual of 1987. 25. TxDOT Environmental Affairs Division Standards of Uniformity for Categorical Exclusions. NOTES: (1) Designs shall be in accordance with the above references, except where variances are permitted in writing by the State or FHWA. (2) The ENGINEER is responsible for purchasing reference items/manuals required to complete Project TASKS/Subtasks. Page 29 of 30 The ENGINEER will perform the services to be provided under this agreement out of ENGINEER's office(s) as listed below: Service Project Management Environmental Document Preparation VISTECH/Structural Engineering Roadway Engineering Surveying Page 30 of 30 Office Location Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 1021 Bowser Road Richardson, TX 75081 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 EXHIBIT C Work Schedule Attached Behind This Page CITY OF ROUND ROCK RM 620 SCHEMATIC & CATEGORICAL EXCLUSION FROM DEEPWOOD DRIVE TO IH 35 J cri j. 61 '2 g c E No, ji I; 9 1 ' _ a P 8 _ s Q 'V;. : o e a a X 8 S E $ S 01/ 1 3 s g € _ a i i n L ..... ..... — al I 2 1 =bEt g C g 111 g • 0 > fr p S 8 P pa 3 H I§ E w a N , Dote: Mon 8/22/10 Task rzam °n" " Summary .. Mnlo.tom Proparod try: Haat AoaoclOtCd - -- EXHIBIT C Pago 1 of 2 Project Development Schedule - D16 - 8, ali a Q: 8 3 o s g i i 3 N 3 5 5 I 3 �o %1.- �3 5 ;8 is I$ ;'ei 1 l 61 a 3 o O 3'' 5 $ 1 13 gi {w, i� iiHJ 5 ` I$ $ sll 0 -. 5 F 8 14 18• a 1 'llgiii P O 3 F I=...O p 8 8 3 3 �2 v' Ci i<'i c � 1 I 8 la S .gg - .O .a i O !O 18 I 13 4 � la I. 1� I5 I 2 21?.... 3 :3 Q O N 4 8 I 3 _e e a p ; il I' e a a ; io j 1 -a,,, O 3 'f ' O O = ai c.4 8 4 4 3.. 2 N 5 2 p vi 1 1 I 1 —I ----- fAemlylDommuniCpo wytOSakottotlorcmupe Sday: .We01027/10� Tuo 11/2/10 _—____Initlai 3lokolphb'r Group Mo'oWKp--_.____ - -56rya FA1T/Y10 Thu??5/l0 Document Straehcldnr l eow ...... ...._.. ... . .. .. - ; Mon 11/13/10ilio 12/18/10 i O '. i S £ $ 'i. 111,11a11111! :8 8 � . 3` 656 ' P ' i3 I I^ is i~ 1. ^ IA I a 1 I i$ �3 F 3 I r a i i 'a g F s � -'- �� i c Ili 11 §1 _ 3 i .1 N i 1 3 3 _ a i i 8 3 3 o� i i lini it O 1-` : O 'p i 3 $� I 5 , u' E � -- a 3 _ N N Y N u n O P F. N 1.O- 72 il Itl ^ Y• a IN IN A A N N N lV W A g la CITY OF ROUND ROCK RM 620 SCHEMATIC & CATEGORICAL EXCLUSION FROM DEEPWOOD DRIVE TO IH 35 ID TaM Nana) Duration Stan Fallen Z011 tug 201.1 ROI{ 91_Lca_t ........_0.1__L*01_iO4 01 i 0.a_l_Cia_L_W..1___Q3__LPe_______01 32 Exhibit Reparation 30 days Mon 6/6/11 mon 7/16/t i 4Document Review (Weida ENV, FFIVIA) 35 Submit Milt CE to RANA and Addroll Commente . .. 1 45 daYi •-•wiiii anvil • • Th.11/24./1l .01111/1 se — . FHWA Issues SFP for CE - 0 days Fe 127/12 Fri 1/27/12 _Hp. FHWA Issues SFP for CE • . .• ) 37 Revise CE pot Pubes Homing Comments I 30 days Wod 5/9112 Wed 8/20/12 ' 38 ProPare Publle Hearing Docurnomation --i, 30 days Wed 5.9/12 Wod 6.20/i2 . 39 Sienna "Dile FM CE and PH Documentation to District/ENV I 45 clays Thu 6/21/12 Thu 823/12'r.!•'!i' 40 Submit Tralf Flnal EA and PH Documentation lo FHWA - *** 7-45 days Fri 8/24/12 T5010/33i12 . ihl.i.HTN. ' • . . . .. . . ..... .... . 41 FHWA Decision ; 30 days . Wod 1041/12 . The 12/11/12 • ' • 42 Submit Final CE 1 0 &WS Teo 12/MitToe 12/11/12 Submit Final CE • • - - - - tssa itaii ,. -Fri 12/17/10 - ! -Fri 6123112 1111,- 40 Public Involvemon 44 COMMuniseding Inforinaliiii/elng Updates . .366d* Frill/IMO : Fd 6/22/12 -,1,,:'.!•;.[Kitoll..VIN•111iNt111:i'iEltil .111.:•-,.2.: i ...•.-M8 '...!?M;.,1 45 .... Faallibitod Meetings i 75 days : "Rai Will : Thu 6/16/11 46 Pubic Mooting 0 days --:"-Th... 6/16/11 : Thu Want Public Meetinp 47 Pubes Hearing 0 wee 7 r...5,8n2 . mesa/12 ro...1—.44bIle Hearing 43 Roadway, Drainage, Signing Design -Schematic Development 565 days ! Thu 3/3/11 Tug 9/16/12 111011mN1111111111. Roadway, Drainage. Signing Desagn•Ssnernatls 0 volopment 49 Begin Detailed Sonoma* Design Actlidtleo ' 1-0 dais ' : 1110 3/2/11 110 3/3/1I +.164 Detailed Schematle Design swivel/ 50—DovelorTP-raFtenary Schomatle-lor Prolorrodifignment Alternative '''..55 days -613/4/11 Thu 5/19/11 19{Khda 51 I.' Submit Prolkolnary Schema& lor Proforma AtIgnmonisAfternatbe 04210 "ttiTarier-ii— 11w 5/19111 Wand Prelhninary Schematic to Pro10nd Alignment Alternative . 52 CORR Roden Prilleninary Schematic 10 days Fri 5/20/11 Fd 3/3/11 . • ---6-- Roviso Schematic tor Pubes MootIng T-9 days Idon 6/6/11 Thu 6116/11 . l 4.5 days Fe 6117/11 Fri 8/19h 1 TA...atil 55 CRJS70111nOCirele-n-Ellorts 1 75 days -Filiki7/11 Man 1013/11 -si 'Arek3re i ! 56liiiiiinnifSehafFittale7ProlormilAilgren—OFt --t -- 1 22476 -- -Tit-o 10/4/11 Viiiiiithii— i. , 57 Sohn* Pro-Flrai &homage for Satkehekler Review and Approval ! 0 days Wed 1117/11 'Wed 11/2/11 bnift Pre -Flea 50.1 Otto for Stakaholder Review and Approval 56 CORR & Slakehoklor Review .1 ' 40 days . 11m 11/3/11 : Th0.112/23/11 111E.111. 59 Roviso Design Snood on Staketraldor Comment: I 63 days Fil 12/30/11-.-1143/27/12 "...tv,„.„1-1 60 Submit Draft Flnal Schomatic --1- 0 days . Teo 3/27/127-Tue 3/27/12 : 440-Subnitt Draft Final Schemati 61 Ream Schematic 42 days .!:. woo worn . Mon 7/9/12 62 Awry Radon and Approval : 0 days Tea 9/15/12 • Too 9116/12 _olp. Agency Review and Approval Dote: Mon 8/23/10 Task rsulattamEIMEI summary Ilrlimm.111 MI103t060 • Proparod by: Haiti Asoosialas EXHIBIT C Page 2 DI 2 Project Development Schedule EXHIBIT D Fee Schedule Attached Behind This Page Date: 10/28/2010 EXHIBIT " D "- RM 620 SCHEMATIC AND ENVIRONMENTAL DOCUMENTS CITY OF ROUND ROCK OD to IH 35 092120 TOTAL COST FOR TASK "Nn M"1 re, A O CO A N O A N 'NN'N"J N 04 4W ? W WWON N z h 0 h 04H N y CO 04 DN A N A O WAyyc.8- O N N T OO O W W p S yA A I.NN- Li N W q q N N y N NN q 2;WpKN q NN 14 A W O y y y W ♦ A A N A NON W W W V! OY O m b y QN N b , t-Oi <0y0 y41qy N NApm mN %tW0AOpO oN N y N ML SW WWWM N Nof OD 10rmtm''t 4= of of t1 of M NNN W N r. r. N~ N.N Nm SUB CONSUI TANTR A n 43 Aei q DELIV, TRAVEL 8 MISC OO N b O p OO N NOO WSO pp p 8 OO qgs.� 8 Npp MO p o N S 0 ✓a p p pvsO N PRINTING, PLOTTING N p C N N O O O N ri di 1 0 O O NN O W S NN H H OO O 8 W 8 O d O 8 W S 8 N y H t Q O O ¢ U I $2,035.08 $3,937.07 $5,972.15 $716.66 $6,688.81 $313.90 $607.27 $921.17 $110.54 $1,031.71 $2,511.78 $4,859.29 $7,371.07 $884.53 $8,255.60 $607.27 $921.17 $110.54 $1,031.71 -1 A 7yN q tNO 44 N qM OW p < N t+ N N O I N $126.38 $1,179.55 $687.15 1 $6,413.38 N r N $14,735.95 $16,195.28 11 $543.23 *2,967.54 $1,755.39 $11,286.18 co m ,..iIea al co0 M 7O " A , N N $13,304.77 *13,304.77 *18,169.42 513,304.77 514,034.70 o• K C $471.78 $912.71 I *1,384.49 $166.14 *627.20 1 $1,213.38 *1,840.58 $220.87 11 $121.50 I $235.05 $356.55 $42.79 $625.90 *1,210.87 $1,836.77 1 *220.41 L $118.11 $228.50 $346.61 $41.59 1 d co N N N W N N or Y t.N W W N CO at 04 M to .- IWNIW CO O N A.,�W• N A pA W N~NqN N N IWN N O N N *792.09 $1,425.51_ I_ 51,425.51 $1,946.72 *1,425.51 $1,503.72 _ L OVERHEAD SUBTOTAL 193.46% LABORAOVHD $607.27 $921.17 A 1 Yl C9 qaS N W W y W N 10 •- O N r.N N O A g N r N O N $8,673.66 *13,157.10 $9,532.63 $14,460.07 11 N N t7 yjyNA bO p N $10,076.95 *10,076.95 $6,600.74 N W AAh N $11,879.26 *16,222.70 $11,879.26 $12,530.98 b M N A O N N W p W N 49 N q04 113b N $358.88 I *694.29 *1,951.28 *3,774.95 N *319.75 *1,746.71 *1,033.23 $6,643.11 $6,643.11 $4,351.46 $4,048.00 I $7,831.26 *4,048.00 *7,831.26 $5,528.08 *10,694.62 N OOi 113. cl N N DIRECT LABOR CHARGES 0 N N I $83.26 l 0 N Y N •ei $344.72 $358.88 35WWWmot NWO ea ea yN mNW0hro d dN N N N N N N $4,048.00 $4,270.08 J J 2 2 2 W N'N N r CO W CO .-W W N N N d N N ' W Oy N d N Nd CO'W NW W 30W4443 442/3 9.9 N QJ 7'2 2 U f WOQ U N 1 N CO N 0 04 ) W ? tu V m U N S C W N F 01 ,-- rJ V W Q W K Q LL ] y N � y W N S W 6 0 H u S d N r N d d a a N N d pp d V d y N N y N N w 1.11 'a fO W aSS $° a$ 'a > m rc w y' m y a SI WNN°o Sa$44 1 w N LL 1 $ as W co co co °L.°°a 1.4MMglm x u : [ O :Ti 5 N O y N W N p O S U c F O LL S wvr° r a a N a co 40 a m 0 d W x U O a.pN y 'y N. N W N N N d N N N 4 N 9- d N y CO C u w 0 Z a 2 d r N W a 9- d 9- W M ^ V) b CO d d CO d d a n u z 10 n I,. W 7 CI WI WyW', _ M r6eU m Y _ Zw oUO V Q Q O O U' 2 W OaHJUWrc O U 10✓w-i �' N f f< m i a F Q i O 6 N C W J K S 0 CC o 0 w U F -, J 0 m a s O w n n i f f 2 O U u U } 2 rOStl2 IYII O k5 N O Oe J 2 Om W G 2 W 2 e V Y Imo 2 Z 0 3 U 10 Q W 2 V 2t�nO np6o W Z O j O 3 w 0 2 W m 20 O u 6 fm0 Y 2 K 1 tl1w Q J 0 C Q a K 7 ifm m n 0 O 6 z tl fWS 0>i Q N WwQ > w m f W; w Q Q w G Q 2gn ]OZo J n N 20 Q 2 o N % H KWn Oo V .. O m p Q w mumO 0: Q 5 z = ¢ rcw `Ile e Wy f F q4� ZS G! 22 QW O O? r 2 i (� a_ Q O 0 2 S gggg O Lr- W O V11:31 f W W Oi G > LL O k Q u S O > L w d f ^ O g a' f 7 y m U o z w U r 2 mJ Ogu¢¢ wJz z O W~ Q m U m 21- 00 i w 2 o O Q> O RAVEL DEMAND MODEL CALIBRATION -TRAFFIC ANALYSIS ZONE REFINEMENT TRAVEL DEMAND MODEL CALIBRATION -ROADWAY NETWORK REFINEMENT I RAVEL DEMAND MODEL CALIBRATION -TRAFFIC ASSIGNMENT CALIBRATION )ESIGN ANALYSIS -DEVELOP FUTURE YEAR BASE FILES IIDESIGN ANALYSIS -EVALUATION OF FUTURE BASE YEAR CONDITIONS DESIGN ANALYSIS -EVALUATION OF FUTURE YEAR CONDITIONS WITH IMPROVEMENTS I TECHNICAL MEMORANDUM 'RAFFIC ANALYSIS ECNNICAL MEMORANDUM %DOT REVIEW AND COORDINATION II COORDINATION WITH CAMPO ' TOTAL REGIONAL COORDINATION B TRAVEL FORECASTS SUBTOTAL HOURS/COSTS 11. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES A CATEGORICAL EXCLUSION (CE) DOCUMENTATION SPECIFIC AREAS OF ENVIRONMENTAL CONCERN SOCIOECONOMICS SECTION NO RESOURCES CULTURAL RESOURCES BIOLOGICAL RESOURCES ENDANGERED KARST INVERTEBRATE INVESTIGATIONS ENDANGERED KARST INVERTEBRATE ENVIRONMENTAL DOCUMENTATION -BY SUPPLEMENTAL AGREEMENT IF NEEDED WATER RESOURCES TRAFFIC NOISE SOILS IIAMAROU5 MATERIALS AIR QUALITY INDIRECT ANALYSIS CUMULATIVE ANALYSIS CONSTRAINTS MAPPING/EXHIBIT PREPARATION DOCUMENT REVIEW (AUSTIN DISTRICT, TxDOT ENV, FHWA( DISTRICT/ENV CONCURRENT REVIEW (2 CYCLES) FIRMA REVIEW (2 CYCLES) -- PREPARE PUBUC HEARING SUMMARY REPORT/REVISED CE POST PUBLIC HEARING DISTRICT/ENV CONCURRENT REVIEW (2 CYCLES) POST PUBUC HEARING FHWA REVIEW (2 CYCLES) a m m O ma w LL W ti ¢p a d a m 5 5 5 u 5 u o c d 5 w 2 2 6 LL6: 6: ry 6 LL 6 u u 2 2 LL " 01 2 j 6, :Q m r 0 mO.9 ^ 2 R [ tl OD to IH 35 092120 z Z W O co —J z W i Z 0 L Q U- FEE SCHED Date: 10/28/2010 F, 1Q - y N O 7 W y O I b m C O 6 H O y~j �¢m ° J V V m W 8 m 2 a 5 0 V FJ N 2 K O > S ji > W w N C m U O m °5 N 2 2 m W W " N rc a W U a N m J s n 2 n O f W U Q n m J x FU _ w m U= � � m n w u ° m a N J w 0 O m n f •0 n i TASK/DESCRIPTION COCO O CO N to 1') N m CO w N 01 N M a O A H N O O O N O 0 O N COw O. O H IT. N A A Ch A e0'! N 01 (0 N A A O fp y g it- p 41. N N N .- 03 0 q Nr V p q p N Oi COw M N 0 O N PI N N O N 01101 CO N <I0 V1 O V co V g C M a 03 CD • ON N C ty V V 01 N 4 n M N y w g w N a N V O a cti N A MI MV� (O IO 0 N p p o C o m N Wp 0 CO N .0•N N 0 N N H 0 O O H b N N CO co O N VI 0 M 0 N CICO N N CON 0 N CO A M 0 w CO N N CO 04 0) 011 00 N I V rn O Or CO 0) CO n w 0 i ANO COUNCIL MEMBERS a 2 V Im •0 al C SUBTOTAL HOURS/COSTS r V K 8 00 O J b Q 4.MCI ' N A A O N CV Di Pi N 03 A 0 M N A CO O1 CO Pi N g N H N M 0) H n M N a 1 p 4 to • • co • CO N EOD q A y • • N NM Nb y COMpy 0 O 0 8 8 49 49 O N 01A A 1O M 01 a coj6 o VI 07 N N w N N 0 04 0) N a N q O C A m n n N a eNs pA N CO O 0 w q N 0) N 0 A N N 4 N N n A y SV N MyCOj N 0( NN N • r A C CO Ot N 0 1N.. oo X (0 n N 4 N O O CO V N N CO A M N M C M N mco ((0 6 at 0 0 N N 0 to (0 A C C O O M N N O V a co N H CO COA 10 04 N• N ID • N M N O O N q 0 q W co en 0 49l 04 N A N 01 N Cr 0 00 C N A a o to N N 0 N 01N m A ID N r m C N A p N M N N r C N C CO pA 40 0 N CO 64. M CO N• N 03 CI MI N N N COC OD CO ciA • N p M N N C IW m N N N N A A N A C 0 '0 (+! a 71. M N N 0 q 0 0 0 V CO M CO CO N N N co 0 r h N s q N N 4- C w N 0 N CO W N N aO Ma r M N A C 0 0 N N N N M N N O NM 0 A 0 C3 M nA CO N N8 y 0 • M Ma Ow O 0 NN NAt 7 0 0 ? AO 1111 Ay N • CO Om NO N V NAON C A conWN N CN• 0N p r OA 04 cd 014 CO tD 03 C 41 64 N1 (D M a 1111111111111111111111111111111111111111 1111111111111111111111111111111111111111 111111111111111111111111111111111111111111 11111111111111111111111111111111111111111 111111111111111111111111111111111111111111 111111.111111111111111111111111111111111 111111111s A '' IIIIIIIIIIIIIIIIIIIIIIII II v. 111111111111111131111111111111 II 11111111111111111111111111 II-- 1111111111111 -111111111 1111111111111111111111111111111111 ! f il y gi ii i t " S Atli ���EII Hu 0 0 W 0 0 N co O N W EXHIBIT " D " - RM 620 SCHEMATIC AND ENVIRONMENTAL DOCUMENTS a I$140,373.21 I 'oa y W.- M' o co w 0 W m aA M V CO. ' yN M N N N N aa pH N H N H H H H 19 Om o N N SUB CONSULTANTS $76,726.00 $44,516.25 $139,490.00 q o b $260.732.25 96,350.00 $260,732.25 $ DELIV, TRAVEL 8 MISC o d to M l0 N 510480 00 $6 35000 o0 o o 0 d y ;7, o• g NN 0 o. 'A 0 g PRINTING. PLOTTING pp 6 < o OOOppp OO2 co NNNN M N NN coy ON N $10,480.00 $10,480.00 TOTAL LABOR COST $1 567 94 $766.24 $1,528.34 $2,452.58 $891.82 $641.54 - $388.20 p $2,102.83 52,436.40 $1,873.94 $755.00 W W. W OM H -'W n H'N M' M Y M N O y O NNN'F,H •C p y O t.{f V 1N as,B61A2 $ ,508.41 511,389.53 51,366.74 $12,756.27 $40,700.73 578,739.63 5119,440.36 514,332.84 $133,773.20 Q y cri Wa W rei O N y to OU ya 40 ON W $144,490.84 $279,531.98 $424,022.82 $50,882.74 $474,905.561 i1,J24.66 I 52,562.69 $3,887.35 $466.48 $759.16 51,468.67 $2,227.83 5267.34 $30,081.00 545,629.95 ! 55,475.59 610,4/a./z 520,266.33 $30,742.05 j 53,689.05 A144,900.64 $279,531.98 $424,022.82 $50,882.73 I I 1 11 4% 2% 100% 5144,490.84 $279,531.98 5424,022.82 $50,882.74 1 OVERHEAD SUBTOTAL PROFIT 153.46% LABORSOVHD 12% $922.90 $1,399.95 I $167.99 _5451.01 5684.14 582.10 5899.59 $1,364.59 $163.75 $1,192.72 $2,307.44 I 53,500.16 5420.02 5779.21 1 _ $1,507.46 $2,286.67 5274.40 _.. $639.79 $1,237.74 $1,877.53 $225.30 $741.28 51,434.08 52,175.36. $261.04 5570.15 j $1,103.01 $1,673.16 $200.78 $229.71 $444.40 $674.11 .._ _ $80.89 MI 0sit p W I n N N 99'61L'94$ 6£' 6L'DCS f 67'nzR'c1.4 s. w.c, 5572.80 O W co A N CNI W H q fp CO CO N 69N L 0.9 N a y og W A H W o W I DIRECT LABOR CHARGES I $233.13 $465.00 o 0 N O or nN0— NNNN ^ m. co A WQp A '. N MW ,N y WDr O T UA pV Q A Z N F '2J T NNo '0 M CO A 0 A M A Al N M N A40' CO 0 M M N AN y co V a N CO W O co N W y 'f q N Af W Ad J J NO m N°; y W N W W ; j N U N^ Y 521.58I $36.39 K FV VI or N Y Yi � W j N Q 2 N N W^ aa < y M N _ CO W O V W V CO N Al (Oy CO y coN 0p N O 1/3 O p60 Al r ENV ENV SCI PM SCI SR ENV LANDSP LANDSP SCIENTIST PM SR JR r y W 0 O N py M e N W a [7 .- m r y n N y g 0 N H a W Al W N W W�+] < m H T N W 44 PRINCIPAL PROJECT SR PE/ PEI E.I.TJ .SK/DESCRIPTION MANAGER VIS/TECH VIS/TECH VISRECH LEAD ENG II ENGI '.1I INCORPORATE COMMENTS FROM REVIEW OF PRELIMINARY ALIGNMENT ALTERNATIVE 1 1 n 1 I .. , W y Y O ' y O (p CO V W CV W A M N NN °,.. N N 0, d C< R N N N V Y , W N Cr. 9 V y N N N N y W y N ' N r •- Al CO V CD 00 AI O M N M N CIV o rt - yy 1A W H A r •- 1 N .-- W co o co co O O N N N M A 'O co a or N y H N W N N e! r Al Al Y NV y A y W 0 W W N CO N O co N J ' f 'UPDATE TYPICAL SECTIONS FOR PREFERRED ALIGNMENT ALTERNATIVE UPDATE HORIZONTAL AND VERTICAL ALIGNMENTS FOR PREFERRED ALIGNMENT ALTERNATIVE -0EVELOP FINAL SCHEMATIC CROSS SECTION FOR PREFERRED ALIGNMENT ALTERNATIVE DEVELOP FI - - - NAL CONSTRUCTION C05I FOR PREFERRED ALIGNMENT ALTERNATIVE ESTABLISH ROW FOR PREFERRED ALIGNMENT ALTERATIVE SUBMIT SCHEMATIC FOR PREFERRED ALIGNMENT ALTERNATIVE SUBTOTAL HOURS/COSTS UAINAGE DESIGN 2 O O 2 O U U 2 N K 2 w 2 N W O ti N 2 7 U 0 0 y • 2 2 • w Q W W Z a �•.•+••.c u,wnwuc ANCAS AND PRODUCE DRAINAGE AREA MAPS )EVELOP HYDROLOGIC DATA/DISCHARGE INFORMATION )EVELOP STAGE DISCHARGE DATA AIN BRUSITYCREEK HYDRAULIC MODEL/ANALYZE AND MAP FLOODPLAIN NALYZE PROPOSED CROSS DRAINAGE STRUCTURES FOR SELECTED ALIGNMENT ALTERNATIVE DETERMINE PROPOSED DRAINAGE AREAS 2 DEVELOP HYDROLOGIC DATA/DISCHARGE INFORMATION 1 DEVELOP STAGE DISCHARGE DATA - - I ANALYZE PROPOSED ORA' - - - NAGE STRUCTURES ;I/ANALYZE LI 00111.1 eine Aurennru..cu.....,........., - - - C O W w a 2 z hfi J 6 L& X 0 u w > 2 o U u fL 0 i UBTOTAL HOURS/COSTS ) 2 Q¢ f b W z' u C 22 0 !SOCIAL ECONOMIC & ENVIRONMENTAL STUDIES I PUBIJC INVnl VFucuT iI V 2 J¢ 0 j O y 0 O y� p = yQNj K J 2 Y CATEGORY a ] m ] O N 0 K 6 LL 0 O a W W u u u u u u c d a a dl m m o m al �u u W F. >_> 5 qy 1 --al _ nl O EXHIBIT E Certificates of Insurance Attached Behind This Page ACORDN CERTIFICATE OF LIABILITY INSURANCE DATE(M4/2010 08/24/2010 TYPE OF INSURANCE PRODUCER (972) 581-4800 FAX (972) 581-4850 Bel 1 Insurance Agency 16980 Dallas Parkway Dallas, TX 75248 Candy Goehring THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Halff Associates, Inc. 1201 N. Bowser Richardson, TX 75081 INsuRERA: Hartford Accident & Indemnity 22357 INSURER B: Hartford Casualty Ins. Co. 29420 INSURERC: Hartford Underwriters 30104 INSURER 6. ACE American Ins. Co. 22667 INSURER E: DAMAGE TO RENTEDIOOOOOO PRFMISFS(Fa nen rr THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NNgg 117R NDS TYPE OF INSURANCE POLICY NUMBER POUCYfE ThiiMJfl_ POLIO DAINMl OMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 46UUNIY5768 07/12/2010 07/12/2011 EACH OCCURRENCE S 1,000,000 X DAMAGE TO RENTEDIOOOOOO PRFMISFS(Fa nen rr s 1,000,000 CLAIMS MADE I X I OCCUR rrn) MED EXP (My one person) $ 10 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL —I AGGREGATEj�LIMIT APPUES PER: POLICY I JE i n LOC ^ I PRODUCTS -COMPJOP AGO $ 2,000,000 A AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 46UUNIY5768 07/12/2010 07/12/2011 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 5 X - BODILY INJURY (Per person) X Y (PeraccidODILY ent) Y $ X PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA UABIUTY 46XHUIY6677 07/12/2010 07/12/2011 EACH OCCURRENCE $ 5,000,000 S 5,000 000 )-11 OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION S 10,000 r $ S X S C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOEOf Byes, describe under SPECIAL PROVISIONS below 46WENV6090 07/12/2010 07/12/2011 X ITWORVIibTU. ER E.L EACH ACCIDENT S 1,000,000 E.L DISEASE - EA EMPLOYEE S 1,000,000 E.L DISEASE - POLICY LIMfT S 1,000,000 D P 1 hSSIONAL LIABILITY Claims -Made EONG21673845 07/12/2010 07/12/2011 $5,000,000 Per Claim Limit $S,000,000 Aggregate Limit DpSCRIPTI N OF OPE TON$ I LQCATIQNS I VEH CL S/EXCLUSIONS QDDED.SY F,NOORSEMENTI SPECIAL PROVISIONS City o Round Rock is included as aTtiona insured as respects general liability and is primary non-contributory if required by written contract HOLDE R CANCELLATION City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MNL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. ACORD 26(2001/08) AUTHORIZED REPRESENTATIVE �. Thomas 3. Ashley/CANDY ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25 (2001108) ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. 10E5. Agenda Caption: Meeting Date: Consider a resolution authorizing the Mayor to execute a contract for Engineering Services with Halff Associates for the RM 620 Round Rock Avenue Environmental and Right of Way Determination Project. October 28, 2010 Department: Infrastructure Development and Construction Management Staff Person making presentation: Tom Word, P.E. Chief of Public Works Operations Item Summary: Round Rock Avenue/RM 620 between the IH -35 S. Frontage Road and Deepwood Drive is a heavily trafficked roadway, which includes an at -grade crossing of the Union Pacific Railroad. This section of Round Rock Avenue serves as a primary access to Round Rock High School and the Round Rock Hospital. Previous attempts by the Texas Department of Transportation (TxDOT) to address this roadway have met budget constraints, which have stalled progress. Meanwhile, traffic on this roadway has continued to grow, to the point where a train during the peak hour can back traffic up onto the main lanes of IH -35, causing an untenable situation. This contract with Halff Associates will develop a preliminary schematic design and alignment as well as all environmental, public involvement, and right-of-way materials necessary to make this project eligible for federal funding when it becomes available. Halff Associates was chosen for this project based on their previous work on this section of Round Rock Avenue for TxDOT, which will allow them to perform work on this project at a reduced cost and on an accelerated timeline. Through a partnership with Williamson County, the costs of this contract will be divided evenly between the two entities. Funding for this project was approved by the Round Rock Transportation System Development Corporation in 2000. Strategic Plan Relevance: 26.0 Construct Major Elements of the Transportation and Mobility System Cost: $752,471.00 Source of Funds: Round Rock Transportation System Development Corporation Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS 171 'ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES, INC. ("Engineer") ADDRESS: 4030 West Braker Lane, Suite 450, Austin, TX 78759-5356 PROJECT: RM 620/Round Rock Avenue Environmental and Rieht-of-Way Determination THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the2$11day of , 2010 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 0199.7150 TX03RM620 t1,- to- to -20- (vim 1 Rev. 05/10 00192831 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 frilly 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) Tenn. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Seven Hundred Fifty Two Thousand, Four Hundred Sixty -Seven and 81/100 Dollars ($752,467.81) 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: John Dean Transportation Planner Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6617 Fax Number (512) 218-3242 Email Address jdean@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: Gary J. Hilgenberg Project Manager 4030 West Braker Lane, Suite 450 Austin, TX 78759-5356 Telephone Number (512) 252-8184 Fax Number (512) 252-8141 Email Address ghilgenberg@halff.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and rnaintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instniments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall agree to the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 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 from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 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 and/or instruments of professional services, 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 11 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. 12 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Gary J. Hilgenberg Project Manager 4030 West Braker Lane, Suite 450 Austin, TX 78759-5356 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 perfonnance 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. 14 (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 detertnination 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 OUND ROCK, TEXAS By: (Th/L Alan McGraw, Mayor ATTEST: By: SVAAiL.l.t� Sara L. White, City Secretary HALFF ASSOCIATES, INC. i, ' By: ,41 Signature of Princi Printed Name: /(iste/ /14cy. 15 AP R 1 VED AS TOtFORM: ,L• Steph " 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 16 EXHIBIT A City Services SERVICES TO BE PROVIDED BY THE CITY The City will make the following available for the ENGINEER: • Round Rock High School traffic impact study. • RM 620 traffic accident data, if available. • Post and pay for notices in local publications. • Post and maintain project information on City website, if needed. • Attend and assist with Public Meeting/Hearing. • Review ENGINEER's work progress, schedules, reports, preliminary/detailed plan, environmental documents and cost estimates. • Assist the ENGINEER in obtaining property rights -of -entry for environmental and ground surveys. • Approve roadway and hydraulic design criteria and support project design criteria with stakeholder agencies. • Support project development with stakeholders such as agencies and the private sector. EXHIBIT B Engineering Services For the scope of services for this Work Authorization the ENGINEER shall provide engineering, technical, social, economic and environmental services, and public involvement activities to develop a schematic design and a Categorical Exclusion (CE) document detailing the upgrade of RM 620 from Deepwood Drive to IH 35. See the Project Location Map on page 3. From Deepwood Drive to IH 35, RM 620 will be configured similar to the display produced by Halff Associates titled "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C." This configuration includes: • Two grade separations / overpasses; one at North Lake Creek Drive and the other at Chisholm Trail/Union Pacific Railroad (UPRR). • Associated with the overpasses; operational improvements to facilitate safety and access. • RM 620 approaches to the overpasses North Lake Creek Drive and the Chisholm Trail/UPRR will generally designed using retaining walls in order to minimize the ROW footprint. The ENGINEER will produce an alignment alternative schematic and final schematic plan sheets (as detailed in the following TASK OUTLINE) and CADD work product using MicroStation VERSION 8 as the standard electronic graphics development software. The ENGINEER will prepare a detailed, colorized (shaded roadway) Design Schematic for the locally -preferred alternative design for RM 620 from Deepwood Drive to IH 35 as detailed in the previously produced layout "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C." No improvements to IH 35 or its frontage roads are included in this schematic. The Design shall be in conformance with the Texas Department of Transportation (TxDOT) (Design Division) Roadway Design Manual except where variances are permitted in writing by TxDOT and/or the FI-IWA. The schematic layout shall include the basic information necessary for proper review, evaluation, and ultimate approval. Ultimate management of traffic during the construction of the Project shall be taken into consideration during Design Schematic development. The schematic alignment alternative for the project shall be in accordance with the requirements of: • 2004 edition of AASHTO's A Policy On Geometric Design Of Highways And Streets, • 2006 Texas Manual Of Uniform Traffic Control Devices, • TxDOT's 2009 Roadway Design Manual, • TxDOT's 2009 Hydraulic Design Manual, • TxDOT's Bridge Design Manual, and • Other TxDOT design guidelines and manuals as referenced in Appendix A of the attached Task Outline. Page 1 of 30 With each monthly invoice, the ENGINEER will provide a billing statement and a progress report. The ENGINEER will be the single point of contact between the City of Round Rock and subcontractors. The ENGINEER shall provide management of subconsultants including coordination of meetings, review of work performed by subconsultants, as well as delivery and submission of documents, products, and reports. The ENGINEER shall furnish equipment, materials, supplies, and incidentals required to perform the above mentioned work, except as otherwise specified in Exhibit A. Engineering, environmental documentation, public involvement and surveying services shall also include the tasks more specifically described in the following Task Outline. Project Location Map RM 020 From Deepwood Drive to IH 35 City of Round Rook NMllamson County jegond: ^^^ Proposed Prolect Railroad MI Buildings Page 2 of 30 ppp HALFF TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION 1. Collect and Review Existing Data: Obtain Federal Emergency Management Agency (FEMA) Flood Insurance Maps and incorporate 100 -year flood limits into aligmnent study base map. Obtain and review existing RM 620 construction plans. To the extent possible use previously obtained project information acquired on previous projects for use in the schematic and categorical exclusion development. 2. Site Visits: Perform project site visits to photograph, video and identify project constraints, business and private development and details. 3. Incorporate Updated Aerial Photogrammetry: Obtain and use as background aerial photography Digital Ortho Photogrammetry from CAPCOG. This data to be used to supplement the topographic surveys and Digital Terrain Model (DTM) which was acquired and developed on past projects with TXDOT and Williamson County. 4. Adjacent Property Owner Database, ROE Letters, and Color Coded ROW Map: Develop, maintain and update right -of -entry database spreadsheet and mail right -of - entry letters for properties affected by the Preferred Alignment Alternative. Create and update a color coded map detailing the status of each property's right -of -entry status. Estimated and budgeted to forty (40) right -of entry letters. B. DESIGN SUMMARY DOCUMENT AND PRELIMINARY DESIGN CONCEPT CONFERENCE 1. Complete Design Summary Document for project. This task is limited to three updates and re -submittals. 2. Attend Preliminary Design Concept Conference/Kickoff Meeting with the City of Round Rock and appropriate stakeholders at a location determined by the City of Round Rock. C. DEVELOP DESIGN ALTERNATIVE DIAGRAMMATIC -PLAN VIEW LAYOUT 1. Develop 50% design alternative diagrammatic (Plan View layout). a. From Deepwood Drive to IH 35 use display produced by Halff Associates titled "RM 620 Conceptual Improvements from Deepwood Drive to IH 35 Option C" b. Provide preliminary profile grade and cross section design to verify the overpass, and the operational and safety improvements' geometry. Provide a preliminary assessment of bridge structure types at North Lake Creek Drive and Chisholm TraiIIUPRR. Page 3 of 30 c. Establish anticipated proposed ROW to support the project improvements. Provide an assessment of potential types of and locations of needed water quality facilities and/or detention facilities. Include a depiction of ROW needed to accommodate water quality and/or detention facilities. d. Attend coordination meetings with project stakeholders. Estimate and budget 3 meetings. Estimate and budget 3 hours per meeting for meeting preparation and issuing meeting notes. 2. Submit 50% plan view design alternative diagrammatic to the City of Round Rock/TxDOT for review. Include construction cost estimate, clearly indicating assumptions. 3. Attend 50% plan view design alterative diagrammatic review meeting with the City of Round Rock and appropriate stakeholders. D. DETERMINE EXISTING ROW Determine Preliminary existing ROW -the purpose of this task is to verify existing property lines adjacent to RM 620. The preliminary existing property lines will be used for display purposes in the schematic development to display ROW to be acquired. 1. Incorporate Previous ROW Information: Use to the extent possible previous existing ROW lines and determinations. Use information previously acquired on TxDOT and Williamson County RM 620 studies. 2. Research and Update Preliminary Existing ROW: This task is limited to researching and acquiring updated data from the Williamson County Appraisal District only. Data will be used in schematic development. Field surveying to locate property corners and property lines is not included in this work. E. DEVELOP FINAL PLAN VIEW DIAGRAMMATIC BASED ON PREFERRED ALIGNMENT ALTERNATIVE 1. Incorporate additional design survey to update project DTM. 2. Develop and submit 90% plan view diagrammatic to the City of Round Rock and appropriate stakeholders for review. 3. Attend 90% final plan view diagrammatic review meeting with the City of Round Rock and appropriate stakeholders. 4. Update final plan view diagrammatic based on the City of Round Rock and appropriate stakeholders comments. 5. Submit final (100%) plan view diagrammatic for approval. See Task VI for completion of detailed design for schematic. Page 4 of 30 F. REGIONAL COORDINATION & TRAVEL FORECASTS Travel forecasts and capacity analyses have been performed for RM 620 under previous studies for the Texas Department of Transportation (TxDOT) and Williamson County. Those studies will be utilized for this analysis. This study will include the RM 620 corridor from Deepwood to IH 35. The City of Round Rock (CORR) 2030 model will be used and calibrated for the project limits. The traffic modeling effort will now include as part of the "build" alternative between Deepwood and the IH 35 Southbound frontage road a bridge over the UPRR and Chisholm Trail as well as a bridge over N Lake Creek Drive. The "build" alternative will require modifications to the TransCAD model, as well as additional analysis of the new configuration of intersections for the level of service analysis. The project limits and this task will not include any alternative analyses of the interchange at IH -35 and RM 620 except for the impact of the IH 35 southbound frontage road southbound right turn onto RM 620 and eastbound RM 620 right turn onto IH 35 southbound frontage road. This study will not include an origin -destination analysis. 1. Data Collection: To create calibrated traffic projections for the LOS analyses, the ENGINEER will collect traffic data to calibrate the CAMPO TransCAD model. Traffic data has not been collected since 2007 and traffic patterns have changed since then, especially due to the opening of SII 45. The following data will be collected: a. 24 Hour Tube Counts: This task includes conducting 24 hour count data at fourteen (14) locations for 24 consecutive hours. This information will be utilized for calibration and the basis for traffic projections. Tube counts will also include percent truck data to address future traffic projections as required by TxDOT TP&P b. Turning Movement Counts: This task will include collecting Turning Movement Counts at five (5) intersections for 4 hours each. This information will be utilized for analysis of existing conditions and the basis for traffic projections Deliverables Raw traffic data collected during this task will be provided in electronic format and will not include any analysis 2. Travel Demand Model Calibration: In order to accurately analyze the traffic impacts of the project, a regional analysis is necessary. This is best accomplished by travel demand modeling. CORR has a Regional Travel Demand Model based on the CAMPO 2030 model and it will be the basis of the analysis. The model will require refinement and calibration in order to conduct the analysis. The project will start with the 2030 model provided by CORR. Once the project has begun, the team will not switch to a different TransCAD model. This task encompasses the calibration of the model using TransCAD to ensure it accurately represents the current conditions and is detailed enough to provide a thorough analysis. The model calibration will include creating a 2010 base year as well as calibrating and refining the model for the section of RM 620 from Deepwood to IH 35. Page 5 of 30 a. Traffic Analysis Zone Refinement: This task includes refining the existing traffic analysis zones included in the most recent Travel Demand Model for the project area. This process allows a more detailed evaluation of traffic conditions of the proposed project. b. Roadway Network Refinement: This task will include refining the roadway network within the regional Travel Demand Model to a higher level of detail to include local and collector streets. This task will provide the level of detail required to analyze the project area. c. Traffic Assignment & Calibration: Vehicle trip tables and average annual growth rates will be calculated in order to project the expected traffic volumes and distributions based on the model. The information generated by the model for the current year conditions will be compared to the data collected in Task 1 a & b above. Various adjustments will be made to elements of the model to bring it to an acceptable level of representation of existing conditions. Deliverables This task will not include any deliverables. The model will be utilized in later tasks. 3. Design Analysis: This task involves analyzing the new alignment of RM 620 and the associated traffic impacts. Sub -tasks a. and c. listed below will be performed for each study alignment. Sub -task b. will be performed for the Design Schematic and the data will be utilized in the analysis of the Final Approved design. a. Develop Future Year Base Files: Traffic projections will be created for two future year analysis periods (2020 and 2030) based on the CAMPO model future design years. The projections will be generated from the calibrated model developed in the previous task. Expected roadway improvements identified in future CAMPO models will be included in the future base year files. The future year analyses will assume the full build -out of the Round Rock and Williamson County Master Transportation Plans. If the alignments of the roadways in the future models contradict the Master Transportation Plans, the Master Transportation Plans will be assumed to be correct. b. Evaluation of Future Base Year Conditions: This task will include evaluating the network roadways for the two future year models (2020 and 2030) without the proposed project improvements to RM 620. This will be considered the "No Build" alternative. Volume to capacity ratios will be calculated for model roadways to be used as a comparison to future improvement conditions. c. Evaluation of Future Year Conditions with Improvements: This task will evaluate the current year model and two future year models (2020 and 2030) with the impacts of the proposed improvements (based on Option C) to RM 620 included based on the Final Design Schematic. The roadways will be analyzed based on volume to capacity measures and will be compared to those of the "No Build" scenario calculated in the previous task. Deliverables The information developed in this task will be sunmiarized in Task F.4. Page 6 of 30 4. Technical Memorandum: A technical memorandum will be prepared summarizing the data collection, evaluation procedures for the TransCAD model, and the design analysis. Separate technical memorandums will be prepared for the Design Schematic and the Final Approved Design. Deliverables Technical memorandum for Final Plan View Diagrammatic and Final Schematic for the Preferred Alignment Alternative. 5. Traffic Analysis: Engineer will perform a detailed LOS analysis using the Project's official, forecasted design -year traffic volumes. CORSIM will be utilized to model the corridor. This software is being used to provide analysis of the expected queues on the ramps and level of service due to vehicles weaving on the study segment. The LOS analysis will be performed for Option C from the documents prepared for Williamson County in September 2009. Based upon design adequacy as directly related to the Traffic Analysis, Engineer will continue to refine and finalize the schematic. The expansion of Round Rock High School will also be incorporated if a traffic impact study is provided detailing the projected traffic volumes from the expansion by phase. This LOS shall be performed over the area from Deepwood to IH 35. Deliverables The information developed in this task will be summarized in Task F.6. 6. Technical Memorandum: A technical memorandum will be prepared summarizing the level of service analysis. A technical memorandum will be prepared for both the Design Schematic and the Final Approved Design. Deliverables Technical memorandum for both alignments. 7. TxDOT Review and Coordination: Comments from TxDOT will be reviewed and incorporated into the analyses for both the Design Schematic and the Final Approved Design. Deliverables Updated Technical memorandum for both alignments S. Coordination with CAMPO: As part of the new licensing agreements with CAMPO, a kick-off meeting for each project is requested by CAMPO staff members. Additionally, CAMPO requests the final files and documentation from the project. Deliverables Adjusted model and documentation Page 7 of 30 II. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES The ENGINEER shall undertake the necessary environmental studies and investigations to prepare one (1) Categorical Exclusion (CE) document for the above -referenced project. The CE will be prepared in accordance with the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations, 23 Code of Federal Regulations (CFR) Part 771, 43 Texas Administrative Code (TAC) Chapter 2, Subchapter C, and Federal Highway Administration (FHWA) Technical Advisory (TA) T6640.8A. The format of the CE will follow guidance in the TxDOT Environmental Affairs Division (ENV) Environmental Manual dated October 2004 and the TxDOT ENV Standards of Uniformity (SOU) for Categorical Exclusions (most recent version July 1, 2010). Changes to these standards after this date are not included in this scope of services. A supplemental agreement will be required to address any new standards and/or requirements. Review and approval by the TxDOT Austin District, TxDOT Environmental Affairs Division, and FHWA will be necessary. A. CATEGORICAL EXCLUSION (CE) DOCUMENTATION The CE report will document the economic, social, and environmental conditions and potential impacts of the proposed project. The environmental studies and investigations will include an assessment of one (1) Build Alternative. The impacts analyzed will be in accordance with applicable TxDOT guidelines. According to Chapter 3 in the TxDOT SOU for Categorical Exclusions, the following is an outline for the format and content of this CE. I. PROPOSED ACTION A. Existing Facility B. Proposed Facility C. Funding and Planning D. Propose and Need E. Alternatives F Logical Termini and Independent Utility G. Existing and Proposed ROW 11. SURROUNDING AREA A. Lanai Use B. Natural Setting III. SPECIFIC AREAS OF ENVIRONMENTAL CONCERN A. Socioeconomics B. Cultural Resources C. Biological Resources D. Water Resources E. Traffic Noise F. Soils G. Hazardous Materials H. Air Quality 1. Indirect And Cumulative Impact Assessment Page 8 of 30 IV PERMITS/COMMITMENTS V. PUBLIC INVOLVEMENT SUMMARY VI. CE DETERMINATION Proposed Action: The CE will provide a discussion of the existing facility; proposed facility; project funding and planning; purpose and need; alternatives; logical termini and independent utility; alternatives; and existing and proposed ROW and utility easements. The alternative discussion will include a summary of the RM 620 Corridor Study and the Alternatives Analysis previously prepared for this project. The section will also provide a detailed description of one (1) Build Alternative and a discussion of its advantages and disadvantages as compared to the No Build Alternative. One (1) Build Alternative will be carried through to and analyzed in the CE document. Surrounding Area: The CE will describe the land use in the project area, such as homes, businesses, schools, or parks to provide an accurate picture of the project area. The natural setting of the project area will also be describe, such as the type of vegetation, any water courses, and any resources that will help provide a complete overall picture of the project area. Specific Areas of Environmental Concern: See Task II B below for a description of work to be performed. Permits/Commitments: This section of the document will summarize permits and environmental commitments for the project. Public Involvement Summary: In the CE document, the results of the public meeting will be summarized. Copies of the Public Meeting materials will be submitted to the District. A stand-alone Public Meeting Summary Report will not be prepared. FHWA must approve the CE as "satisfactory for further processing" (SFP) before the Public Hearing can be held. The CE document will reference the Public Hearing Summary Report (Task II D.3). CE Determination: The CE document will include a signature page for the District to sign per TxDOT SOU for Categorical Exclusions. B. SPECIFIC AREAS OF ENVIRONMENTAL CONCERN 1. Socioeconomics: This section will analyze and document potential community impacts, environmental justice, Limited English Proficiency (LEP), land use, right-of- way acquisition, displacements, and relocations per Chapter 6 of the TxDOT SOU for Categorical Exclusions. 2. Section 4(0 Resources: Identify, describe, and map public parks and recreation areas, eligible historic structures and sites, and other Section 40) resources in the project area. Memorial Park maintained by the City of Round Rock is adjacent to the proposed project. These City of Round Rock previously designated the park for Page 9 of 30 recreational and future transportation uses. If ROW is proposed from Memorial Park, it is anticipated that FHWA would considered it a de minimis impact, due to a portion of the park being designated as a future transportation corridor. Ongoing coordination will occur between the City of Round Rock, TxDOT, and FHWA regarding this park. This scope of services does not include a separate Section 4(0 Evaluation. 3. Cultural Resources: a. Archeological Background Study: The ENGINEER will prepare an archeological background study that conforms to TxDOT's SOU for projects that require specific coordination requests for archeological resources. The Background Studies Report will be submitted to TxDOT-ENV for coordination and recommendations. b. Antiquities Permit Application and Archeological Field Survey: It is anticipated that an archeological field survey would be required by the State Historic Preservation Officer (SHPO). The ENGINEER will prepare a research design that will be sent to TxDOT-ENV and SHPO in order to obtain a Texas Antiquities Permit for an archeological survey. As part of the survey, archeologists would excavate sufficient shovel tests within the area of potential effects (APE) to characterize the soils, determine whether archeological resources are present and, if so, assess those resources. Shovel testing will meet or exceed the Council of Texas Archeologists minimum standards for surveys in Texas. The survey would include visual inspection and shovel testing within all portions of the APE with potential archeological resources, as defined in the background study. Backhoe trenching is not included as part of the proposed survey, as it is assumed that soils will be shallow enough to assess using a shovel. The results of the survey will be included in a professional report which makes recommendations with respect to archeological resources. The report will be submitted TxDOT-ENV for review and approval, then sent to the SHPO for concurrence with the findings. Upon receiving concurrence from TxDOT-ENV and the SHPO, the ENGINEER will prepare up to 20 final copies of the final report, which will be sent to TxDOT- ENV and the SHPO in fulfillment of the Antiquities Permit. Any sites discovered and accompanying notes would be recorded at the Texas Archeological Research Laboratory. c. Reconnaissance -Level Identification And Evaluation Of Historic -Age Buildings, Structures And Objects: A Historic -Age Resource Survey Report (HRSR) of the RM 620 corridor, including the current project limits, was completed in 2007. Information from this report will be used to fulfill regulatory requirements for Section 106 Coordination, when possible. The ENGINEER will prepare a Project Coordination Request (PCR) in accordance with TxDOT standards for review and comment. Page 10 of 30 The ENGINEER will prepare a research design following the current TxDOT SOU for Non -Archeological Historic -Age Resource Research Designs Review Checklist, for approval by the TxDOT ENV. After approval of the research design, the historian will verify the 2007 HRSR information and perform any supplementary historic -age resource survey efforts needed, such that TxDOT can proceed to complete the Federal Section 106 process, and fulfill the requirements of the Texas Antiquities Code, as needed. The ENGINEER will update the 2007 HRSR to meet TxDOT's current SOU for Non -Archeological Historic -Age Resource Reconnaissance Survey Reports. The survey shall document each historic -age resource defined as any building, structure, object, historic district or non -archeological site at least 45 years old at the time of letting, within the Area of Potential Effects (APE) as established in the research design. [Historic -age resource is defined in the 2005 First Amended Programmatic Agreement Among the FHWA, TxDOT, the Texas SHPO (Texas Historical Commission (THC)), the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings, and the Memorandum of Understanding between TxDOT and THC.] The letter report (up to 15 copies) of findings and recommendations shall have sufficient detail and clarity to provide the THC with the basis for making determinations of National Register of Historic Places (NRNP) eligibility or shall have sufficient detail and clarity to make recommendations concerning the scope of any intensive surveys deemed necessary. If necessary, the ENGINEER shall address comments for the final letter report (up to 15 copies). The Historian will provide cultural resources language for the CE, which will include the results and a discussion of the findings in the HRSR and any project impacts. 4. Biological Resources: This section will include a discussion about the project's compliance with the following federal and state regulatory requirements. • Endangered Species Act of 1973 • Migratory Bird Treaty Act • Fish and Wildlife Coordination Act • Farmland Protection Policy Act • Executive Order on Invasive Species • Environmentally and Economically Beneficial Practices on Federal Landscaped Grounds • Texas Parks and Wildlife Department (TPWD) Coordination per MOU/MOA Documentation A determination will be made of vegetation and habitat impacts in accordance with the MOU and MOA between TxDOT and the TPWD. Federal and State threatened and endangered species will be documented for the project area. The ENGINEER will obtain TPWD Natural Diversity Database (NDD) information, analyze and present results in this section. Analysis will determine whether suitable habitat is present within the project area, and if the project is Page 11 of 30 anticipated to impact any threatened and endangered species. No agency coordination or mitigation plans are included in this scope of services for any species other than the Bone cave harvestman as described in Task II 4.a and Task H 4.b. a. Endangered Karst Invertebrate Due Diligence Standard/Karst Features Investigations: Determining whether a geographic area is occupied by listed karst invertebrates is inherently difficult. Habitat for the invertebrates can be highly cryptic within the landscape. Cave entrances are often concealed by thick brush or blocked by natural or man-made materials, which have to be removed to make the habitat accessible by researchers. Once accessed, the habitat is a difficult working environment and individuals belonging to listed species are often cryptic within the habitat because they are small (some species are less than 2 mm long), because they occur in small numbers, because they retreat beneath rocks or within inaccessible parts of the cave, or because they enter the humanly accessible part of the cave only on a seasonal basis. In an attempt to define a due diligence standard the U.S. Fish and Wildlife Service (USFWS) has developed protocols for determining the presence or absence of listed karst invertebrates. These protocols have gone through several drafts since 1999 and the most current iteration is incorporated into the conditions of incidental take permits issued to authorize researchers such as the ENGINEER. The first step in the due diligence process is to survey the surface area for karst terrain features that may indicate the potential for habitat in the sub -surface. The second step is to investigate any karst terrain features located for the potential to contain endangered species habitat. This step often involves excavating sinkholes or potential blocked cave entrances. Should potentially suitable habitat be found within a cave, the third step is to conduct a presence/absence survey for the species within the cave. A minimum of tluee biological surveys are required before absence of species can be concluded, preferably conducted in at least two suitable collecting seasons. Suitable collecting conditions are defined primarily by the absence of extreme weather conditions including high and low temperatures, and drought and flooding conditions. The following tasks are proposed to complete the karst due diligence process for the proposed project. The scope of services includes conducting Phase I and potentially Phase II and III karst investigations to determine the presence or absence of the endangered Bone Cave harvestman (Texella reyesi), and producing a biological evaluation document. The scope of services will incorporate results of a significant amount of work already completed during the interim RM 620 improvements project. Previous surveys of the RM 620 corridor have identified several caves containing endangered karst invertebrates and numerous other karst features. The ENGINEER proposes to conduct additional karst investigations of these areas primarily involving pedestrian surveys and excavation of loose material obscuring the full nature and extent of potential karst features. Excavation will be Page 12 of 30 performed under the supervision of a registered professional geologist who is permitted for such activity by the USFWS. According to USFWS protocols these features will be excavated to a point that a cave is encountered or technicians encounter solid bedrock with no portals, tightly packed with clay without airflow, potential archaeological or paleontological materials, or bedrock restrictions that would require large-scale surface or cave alterations to proceed. At the conclusion of excavation activities each feature will be assessed for its potential to provide habitat for endangered karst invertebrates. Field surveys conducted for karst invertebrate analysis will also satisfy the requirements of the Texas Commission on Environmental Quality for a Geologic Assessment to be included with the project Water Pollution Abatement Plan. Under this task, the ENGINEER will also produce a complete Geologic Assessment report signed and stamped by a Texas -licensed professional geoscientist. Any newly discovered caves with potential habitat for endangered species will be entered in order to gather data pertinent to determining their footprints, subsurface drainage areas, ceiling thickness, and any other details significant to project engineering needs. The surface area surrounding caves with known or potential habitat will be surveyed to determine surface drainage areas. The results of our excavations and habitat evaluations will be incorporated into a final karst terrain features survey report. The ENGINEER will prepare sketch maps of any new caves encountered. The precise level of effort required to complete this task according to USFWS protocols will not be known until excavation work begins. Some features will require less than a half day to resolve while others may require several days or more. The following estimate is based on our experience with similar projects. Based on the results of the pedestrian survey and excavation we estimate that at least one feature will require biological sampling to determine presence/absence of endangered karst invertebrates. Biota surveys will be conducted by a USFWS-permitted Supervisory Biologist. Data collected during the survey will include the actual counts and approximated counts of invertebrates observed. USFWS sample diligence and thoroughness requirements will be adhered to during the survey. The survey will be conducted in the absence of extreme weather conditions (such as flooding or temperatures above 100 °F or below 40 °F) within the previous 30 days. A stand-alone report of the results of biological surveys will be produced following completion of field -work and taxonomic verification of specimens collected. This task includes preparing documentation for participation of the project in the Williamson County Regional Habitat Conservation Plan. b. Endangered Karst Invertebrate Enviromnental Document (OPTION 1) The ENGINEER will prepare a biological assessment (BA) or Biological Page 13 of 30 occur ifi-the-sener roject area. The BA will also be . rod tc add I JJ t •eas [1 Valais NN4V potentially including the TxDOT Austin District, TxDOT ENV, the USFWS, others. . p . . 5. Water Resources: This section will include a discussion about the project's compliance with the following regulatory requirements. • Section 404 of the Clean Water Act: Waters of the U.S., Nationwide Permits (NWP); • Section 401 of the Clean Water Act: Water Quality Certification; • Executive Order 11990, Wetlands; • Rivers and Harbors Act of 1899, Section 10; • Section 303(d) of the Clean Water Act; • Section 402 of the Clean Water Act: Texas Pollution Discharge and Elimination System, Construction General Permit; • Section 402 of the Clean Water Act: Texas Pollution Discharge and Elimination System, Municipal Separate Storm Sewer System (MS4); • Floodplains; and • Edwards Aquifer Recharge and Contributing Zones No field work will be performed and no permits will be obtained under this task for any of the regulations Listed above, except for waters of the U.S. under Nationwide Permit Number 14 (NWP 14) of the Section 404 of the Clean Water Act as described below. Field work and potential coordination with the U.S. Army Corps of Engineers (USACE) Section 404 of the Clean Water Act will be performed as described below. The analysis will include a description of the waters of the U.S. and wetlands in the project area, a listing of the temporary and permanent impacts from the project, a discussion of the applicable Section 404 permits that would be required, and compensatory mitigation discussion (if required). A jurisdictional determination of waters of the US, including wetlands, will be made within the anticipated ROW for the project. This determination will include delineation of the boundaries and ordinary high water mark of jurisdictional waters Page 14 of 30 within the ROW. It is anticipated that this project will be covered under a NWP 14 with a potential requirement for a pre -construction notification (PCN) to be sent to the USACE. Preparation of a mitigation design plan or an USACE 404 Individual Permit Application is not included in this scope of work. 6. Traffic Noise: A noise analysis will be prepared for the Build and No -Build Alternatives using the FHWA Traffic Noise Model. In accordance with TxDOT and FHWA guidelines, the analyses will include existing noise levels, predicted noise levels, the consideration and evaluation of noise mitigation, and noise contours for undeveloped lands. Using the appropriate noise contours, the ENGINEER will prepare and send letters to Iocal governments advising them of the noise impact contours for undeveloped lands for their future land use planning. TxDOT standard format and language will describe the noise analysis in the environmental document. This scope of services does not include conducting noise mitigation workshops. If noise mitigation is warranted, these services will require a supplemental agreement. 7. Soils: This section includes a discussion of mapped soil types and farmlands in the project area. 8. Hazardous Materials: This section includes analysis and discussion of known and potential hazardous material facilities in the project area and their potential to adversely affect the subsurface conditions of the project. A site visit will be performed and the TxDOT Initial Site Assessment form will be completed per SOU requirements. Any required hazardous materials sampling, asbestos survey, or lead- based paint survey would be conducted by others. 9. Air Quality: This section includes a discussion the project's consistency with transportation plans and funding, National Ambient Air Quality Standards (NAAQS) transportation conformity, Carbon Monoxide (CO) Traffic Air Quality Analysis (TAQA), Mobile Source Air Toxics (MSAT), and the Congestion Management Process/System, and construction emissions. A qualitative MSAT analysis will be performed basis on sensitive receptors in the project area. Traffic volumes would not exceed 140,000 vehicles per day for either estimated time of completion (ETC) or the design year conditions; therefore, Carbon Monoxide (CO) modeling and a quantitative MSAT analysis are not required. An indirect and cumulative impact analysis will not be performed for air quality. 10. Indirect Impact Analysis: The ENGINEER will prepare an indirect impact analysis in accordance with TxDOT's June 2009 Guidance on Preparing Indirect and Cumulative Impact Analysis. The indirect impacts analysis will analyze project impacts related to encroachment, access -alteration effects, and project related -influenced development effects. Page 15 of 30 11. Cumulative Impacts Analysis: The ENGINEER will prepare a cumulative impact analysis in accordance with TxDOT's June 2009 Guidance on Preparing Indirect and Cumulative Impact Analysis. The cumulative impact analysis will analyze the project's incremental direct and indirect effects on a resource in the context of other past, present, and future effects on a resource from other reasonably foreseeable activities. C. CONSTRAINTS MAPPING AND EXHIBIT PREPARATION Readily available environmental information relative to the project area will be acquired during research efforts and from appropriate local, state, and federal agencies. The ENGINEER will prepare an environmental constraints map for use during the Public Meeting and Public Hearing [See Task III. F.]. These exhibits may include, if appropriate, the following: • Topography and potential waters of the U.S. — U.S. Geological Survey Quadrangle Maps • Floodplains - FEMA • Hazardous materials sites as identified by a regulatory database review • Potential archeological and historic resources located within the APE • Parcel Boundary Lines — Williamson County Appraisal District • Land Use and Zoning — City of Round Rock • Soil Classification — U.S. Department of Agriculture, Natural Resources Conservation Service • Vegetation Types — TPWD • Endangered Species — TPWD • 2000 Census data — U.S. Census Bureau • Historic Aerials • Utility easements and known utilities within the proposed project study For the CE, the ENGINEER will create up to 10 different exhibits, calculation sheets, and worksheets to be included in the CE and/or submitted separately for TxDOT's project tiles. Surveys, technical reports, etc. may be included in the CE document, or included by reference. If they are included by reference, copies will be submitted to the TxDOT Austin District project file. Information will include: • County road map showing project area • Typical sections (showing dimensions) for both existing and proposed conditions • Project layout, including schematic design • Photographs (including natural resources and potential historic resources) • Copies of Surveys (National Wetland Inventory, historic resources, etc.) • Natural Diversity Database check • Record of any preliminary coordination Page 16 of 30 D. DOCUMENT REVIEW (TxDOT AUSTIN DISTRICT, TxDOT ENV, FHWA) In an effort to streamline the review process, the ENGINEER will submit the draft document to the TxDOT Austin District and TxDOT ENV for concurrent review. Comments will be addressed and revisions made to the document at the same time. Once the document has been reviewed and approved by the TxDOT Austin District and TxDOT ENV, the draft document will be submitted to FHWA for review. It is estimated and budgeted that two (2) review cycles per submittal will be required to incorporate District, ENV, and FHWA review comments. This Scope of Services includes a total of four (4) cycles prior to the Public Hearing to achieve satisfactory for further processing (SFP) and four (4) cycles post Public Hearing to achieve approval as a Categorical Exclusion. I. DISTRICT/ENV CONCURRENT REVIEW (2 Cycles) a. Submit Draft CE to District/ENV for concurrent review; b. Address District and ENV comments simultaneously; c. Resubmit Draft CE for 2"d review; d. Address District and ENV comments simultaneously; and e. Resubmit Draft CE for submittal to FHWA (see below). 2. FHWA REVIEW (2 Cycles) a. Submit Draft CE to FHWA for review; b. Address FHWA comments c. Resubmit Draft CE for 2"d review; d. Address FHWA comments; and e. Resubmit Draft CE for FHWA's satisfactory for further processing approval (clearance to proceed to Public Hearing). 3. Prepare Public Hearing Summary Report and revise CE Per Public Hearing comments (if necessary) 4. POST PUBLIC HEARING DISTRICT/ENV CONCURRENT REVIEW (2 Cycles) a. Submit CE and Public Hearing Summary Report to District/ENV for concurrent review; b. Address District and ENV comments simultaneously; c. Resubmit CE and Public Hearing Summary Report for 2"d Review; and d. Resubmit CE and Public Hearing Summary Report for submittal to FHWA (see below) 5. POST PUBLIC HEARING FHWA REVIEW (2 Cycles) a. Submit CE and Public Hearing Summary Report to FHWA for review; b. Address FHWA comments c. Resubmit CE and Public Hearing Summary Report for 2"d Review; d. Address FHWA comments; and Page 17 of 30 e. Resubmit CE and Public Hearing Summary Report for approval; f. Once approved, submit final copies for TxDOT District, TxDOT ENV, and FHWA files (labor for printing only) Deliverables • 4 copies of the Draft CE to District (2 submittals, 2 hardcopies for each submittal) • 12 copies of Draft CE to ENV (2 submittals, 6 hardcopies for each submittal) • 30 copies of Draft to CE FHWA (2 submittals, 15 hard copies for each submittal) • 2 copies of the CE for display at the Public Hearing • 4 copies of Final CE and Public Hearing Documentation to District for Review (2 submittals, 2 hardcopies for each submittal) • 12 copies of Final CE and Public Hearing Documentation to ENV for Review (2 submittals, 6 hard copies for each submittal) • 30 copies of Final CE and Public Hearing Documentation to FHWA for Review (2 submittals, 15 hardcopies for each submittal) • 23 copies Final CE • 5 CDs containing files of the Final CE (Microsoft Word Version of the document, .pdfs of all of the exhibits and appendices, and supporting documentation) III. PUBLIC INVOLVEMENT The Engineer will design and implement a comprehensive public involvement program and communication plan utilizing a variety of public information/outreach tools including the Systematic Development of Informed Consent (SDIC) model (Systematic Development of Informed Consent (SDIC): Institute for Participatory Management and Planning, January 2000). The ENGINEER will establish the need for the improvements to RM 620 and show how congestion and safety will be improved, thus establishing the City's role as legitimate. The team will also communicate to the public that the City of Round Rock is addressing the serious nature of the transportation problem. The premise is that accomplishing these two objectives, in combination with a thorough public involvement process, will allow the City of Round Rock to achieve informed consent. A goal of the public outreach team will also be to gather consent from the fiercest opponents of the project. The team will seek out stakeholders from all sides of the project. By gathering consent from the public, elected officials and stakeholders you ensure project success and project implementation. The ENGINEER recommends utilizing the following public outreach tools for the RM 620 project: A. Identify stakeholder groups and develop stakeholder database. B. Development of effective communication materials. C. Conduct stakeholder interviews and meetings. D. On-going and regular updates with City staff and Council Members. E. Facilitated meetings. F. Hold public meetings, open house meetings and public hearings. Page 18 of 30 Following is a discussion of each of these elements. A. IDENTIFY STAKEHOLDER GROUPS Stakeholder groups would include, but not be limited to, adjacent property owners, neighborhood associations, businesses, property management firms, civic groups, sports and recreation interests, churches, schools, health providers, cultural organizations environmental organizations and community activists. The ENGINEER will design, construct and update a comprehensive, integrated data base of stakeholder contact information. Deliverable Stakeholder Database, up to 1,000 contacts B. COMMUNICATING INFORMATION Critical to successful consensus -building and public buy -in is presentation of clear, concise, and accurate information about the issues and the solutions being proposed to address those issues. The ENGINEER will work directly with City and project team staff to identify key issues for the project. As appropriate to the scope of work, fact sheets, brochures, media advisories, maps, newsletters, and meeting presentation materials will be prepared that are appropriate to a diverse range of constituencies. Deliverables • Prepare/Mail Public Meeting/Hearing Notice via Project Mailing List (two versions, up to 1,000 Letters per public meeting/hearing) • Media Advisories (up to 5) • Major Milestone Updates (up to 5, to be provided to the City of Round Rock to be posted on their website and emailed to stakeholder database) • Agendas (two versions, up to 200 hardcopies per meeting/hearing) • Handout materials (includes location map, timeline, typical section, environmental issues; two versions of each, up to 200 hardcopies per meeting/hearing) • Comment Forms (two versions, up to 200 hardcopies per meeting/hearing) • Sign -in Sheets (two versions, up to 25 per meeting/hearing) • Exhibits/Displays (20 total, up to 10 different exhibits per meeting/hearing [including directional signs]) • PowerPoint Presentation Handout (two versions, up to 300 copies per meeting/hearing) C. CONDUCTING STAKEHOLDER INTERVIEWS AND MEETINGS Up to 9 stakeholder interviews and meetings will be held throughout the development of the RM 620 project. Stakeholder meetings would be held with targeted groups important to the consensus -building process and can be expected to be more issue -focused than the general stakeholder meetings. Include in these meetings a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and Landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. Page 19 of 30 Deliverables Meeting Minutes (up to 9 meetings) D. ON-GOING AND REGULAR UPDATES WITH CITY STAFF AND COUNCIL MEMBERS Up to 9 meetings with City Staff and Council members will occur to keep them informed of the planning process. When citizens are upset about a project they usually call their elected official first. It is imperative to the success of the project to keep Council Members and staff informed of the latest issues and progress so they are not "caught off - guard" by a citizen's call. It will be our responsibility to ensure that they have the latest information as well as the same information as the project team. Everyone needs to be on the same page with the correct information. In addition to progress reports and/or meetings, major mile project project updates will be prepared for the City to post on their website. This allows staff and elected officials to have a consistent source of reference for themselves and their citizens. Include in these meetings a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. Deliverables Meeting Minutes (up to 9 meetings) E. FACILITATED MEETING One (1) facilitated meeting will be held during the planning process. One of the best ways to cope with concerns and opposition is to discern the real motivation behind them. This can be done through person to person interviews or facilitated small group discussions. While the stakeholder meetings will resolve many of the concerns over the project, occasionally it is better to handle them as a facilitated meeting. A facilitated meeting will allow the ENGINEER and City staff to meet with concerned groups without the burden of having to umpire the meeting. This allows the ENGINEER and Staff to logically present the facts of the issue without the appearance of controlling the flow of information. The Facilitator can act as a neutral third party, allowing both the concerned citizen and the ENGINEER and City staff to express their thoughts. The goal is to use the neutrality of the Facilitator to conduct the meeting in a manner where both sides feel free to openly express their concerns. Once the root concerns are determined it is then possible to address them effectively. Even if all demands or concerns cannot be resolved, the perceived fairness in which the exchange of information is had demonstrates the willingness of the City to operate in an open and transparent manner. While some hardcore opponents may never agree that they are being fairly treated, the openness and fairness of the process will demonstrate to the general public that the city is acting in a responsible manner. Page 20 of 30 Deliverables Meeting Minutes (1 meeting) F. PUBLIC MEETING AND HEARING The ENGINEER will plan for one (1) Public Meeting and one (1) Public Hearing. The Public Meeting and Public Hearing should be held following the environmental milestones. Public input early and throughout is essential in order to incorporate comments into the design and environmental process. These meetings also offer a traditional and familiar means for people to obtain information about the project and express their issues and concerns. These meetings also serve to comply with environmental regulations. It is recommended that the Public Meeting and Public Hearing be advertised in the general section of the newspaper as opposed to the legal section in order for more people to see the public notice. FIyers, postcard mail -outs and coordination with neighborhood associations are other effective forms of "getting the word out" about upcoming meetings. Include in the Public Meeting a discussion of Context Sensitive Solutions for aesthetic treatment for bridges, retaining walls, lighting and landscaping. Hardscape elements are not included. See Task VI A.3 for development of Context Sensitive Solutions exhibits. For the Public Meeting/I-Iearing, the ENGINEER will: 1. Prepare and deliver the technical presentation (as required) 2. Make arrangements for a public meeting such as arrange for facility, court reporter, translator, security, clean-up, etc 3. Prepare communication materials for public meeting (hours shown under Task B) 4. Coordinate preparation of Spanish language versions of all materials, if needed 5. Prepare and mail letters to property owners and elected officials 6. Coordinate public meeting notice with newspapers (assume City of Round Rock will pay fees for advertising for Public Meeting) 7. Attend public meeting (staff for sign -in table and to talk with citizens) 8. Provide tearsheets and court reporter for summary report 9. Make arrangements for a public hearing such as arrange for facility, court reporter, translator, security, clean-up, etc. 10. Prepare communication materials for public hearing (hours shown under Task III B). 11. Coordinate preparation of Spanish language versions of all materials, if needed 12. Prepare and mail letters to property owners and elected officials 13. Coordinate public hearing notice with newspapers(assume City of Round Rock will pay fees for advertising for Public Hearing) 14. Attend public hearing (staff for sign -in table and to talk with citizens) 15. Provide tearsheets and court reporter transcripts for summary report See Task II D.3 for the preparation of the Public Hearing Summary and Analysis/Response to Comments Report. Page 21 of 30 IV. PROJECT MANAGEMENT A. INVOICING/PROGRESS REPORTS The ENGINEER will create monthly invoices and prepare monthly progress reports for submission to the City of Round Rock for requests for payment. B. COORDINATION The ENGINEER will coordinate project details with the City of Round Rock and appropriate stakeholders through meetings, phone calls and emails. (Estimate and budget 50 meetings over the course of the project development. Estimate and budget 3 hours per meeting for meeting preparation and issuing meeting minutes.) 1. Meetings 2. Phone calls 3. Emails C. SUBCONSULTANT COORDINATION The ENGINEER shall prepare and execute contracts with sub -consultants, monitor sub - consultants activities (staff and schedule), and review and recommend approval of sub - consultant invoices. D. PROJECT ADMINISTRATION & FILING The ENGINEER will prepare, distribute and file written and electronic correspondence. The ENGINEER will conduct and document phone calls and conference calls as required during the project to coordinate work for the various team members. The ENGINEER will maintain project files for the length of the project. E. PROJECT CLOSEOUT The ENGINEER shall provide the City of Round Rock the required documentation when notified in writing by the City of Round Rock that the project is complete. V. FIELD SURVEYING The ENGINEER will utilize to the extent possible information and files for topography, and subsurface utility engineering associated with previous TxDOT and Williamson County RM 620 projects. A. PERFORM FIELD SURVEYING The ENGINEER will perform appropriate field surveying for the purposes of acquiring updated topography such as recent developments and driveways or cross streets. Additional surveying services may include drainage structures, Brushy Creek channel Page 22 of 30 sections, UPRR information or other information as needed by the ENGINEER. (This task is limited to 9 three man field crew 8 hour working days with appropriate Survey Management.). This task does not include research or establishment of existing property corners or property lines. B. PROCESS FIELD SURVEYING The ENGINEER will process field survey data for the purpose of updating 2D and 3D topographic files, digital terrain models. This may entail processing survey data for use in hydraulic or hydrologic studies. VI. ROADWAY DESIGN CONTROLS A. DEVELOP PRELIMINARY DESIGN FOR ONE (1) PREFERRED ALIGNMENT ALTERNATIVE 1. Develop typical sections for the alignment alternative and for typical cross streets. 2. Develop preliminary horizontal and vertical alignments for RM 620 and cross streets for the alignment alternative. a. This task will involve the profiling RM 620 safety improvements. Also this includes potential revisions to Chisholm Trail and the connection to RM 620 near IH 35. Preliminary cross sections will be developed for RM 620. b. Special consideration will focus on the segment of the project from Deepwood Drive to IH 35. Provide preliminary design for RM 620 safety improvements and cross streets, and connections. c. Develop schematic bridge layout for structure over North Lake Creek Drive. d. Develop schematic bridge layout for twin bridge structures over Chisholm Trail and the UPRR. Develop schematic bridge designs that provide a structure height that allows for local access road to pass under the eastbound bridge (in order to reduce ROW footprint). 3. Develop aesthetic details. a. Incorporate onto the project schematic -develop and coordinate with City of Round Rock for identification of aesthetic details for North Lake Creek overpass, and Chisholm Trail/UPRR overpass. b. Incorporate onto the project schematic -develop and coordinate with the City of Round Rock for aesthetic proposals for retaining walls that will be required. c. Develop Context Sensitive Solutions for aesthetic treatments for bridges, retaining walls, street lighting, traffic signals and landscaping. Conceptual treatments to be developed using Central Texas and specifically Round Rock as centralized components. This task does not include flatwork or hardscaping including pavers. (i) Produce Vision and Theme conceptual design details as a Master Aesthetic Plan prior to public involvement events, including city council meeting and stakeholder events. Submit to CORR for review and comment. (ii) Revise Vision and Theme conceptual design details -develop Conceptual Master Aesthetic Plan. Page 23 of 30 d. Revise and update Conceptual Master Aesthetic Plan design details for a maximum of two design submittal iterations after receiving public official and stakeholder input. Limit the production of the revised Conceptual Master Aesthetic Plan to two (2) iterations. Final product is Corridor Master Aesthetic Plan for bridges, retaining walls, street lighting, traffic signals and landscaping. 4. Develop preliminary construction cost estimates for the alignment alternative. Clearly indicate assumptions for the development of the preliminary construction cost estimate 5. Establish and display preliminary right-of-way requirements for the alignment alternative schematic including ROW requirements for water quality/detention facilities. 6. Submit preliminary design schematic for one preferred alignment alternative to the City of Round Rock and appropriate stakeholders for review and comment. 7. Attend preliminary design schematic review meeting with the City of Round Rock and appropriate stakeholders to discuss design issues, construction cost estimate and preliminary right-of-way requirements B. SIGNING REQUIREMENTS 1. Develop 50% preliminary large signing scheme. 2. Submit 50% preliminary large signing scheme to the City of Round Rock and appropriate stakeholders for review and comment. 3. Receive comments to 50% preliminary large signing scheme. Revise large signing scheme. 4. Include large signing scheme on final project schematic of the Preferred Alignment Alternative. C. SUBSURFACE UTILITY ENGINEERING 1. Verification of the SUE work Halff performed in 2007 on RM 620 from IH 35 to Deepwood Drive. This task will include the following activities. a. Provide 2007 utility plans to utility companies requesting as -built information, verification of the utilities shown and any proposed utility installations. b. Identify and locate horizontally existing utilities not shown on the 2007 SUE plans. Utilities will be located to Quality Level "B" as defined by ASCE 38-02: Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data 2. Identify potential conflicts between existing utilities within the project limits and new facilities associated with the proposed RM 620 schematic and associated design assumptions. If utilities are determined to be in conflict, the respective utility companies will be responsible for preparing design solutions for their affected utilities. 3. Coordinate and meet with City of Round Rock to discuss SUE data and potential utility constraints within the project corridor. Estimated and budgeted for one (1) meeting. Page 24 of 30 4. Perform up to ten (10) Quality Level "A" test holes for various utility locations as coordinated with the City of Round Rock. 5. Provide SUE Deliverables including: a. Two (2) 11"x17" color sets of plans containing the horizontal locations of the designated utilities b. Test Hole Data Forms will be completed and submitted for each hole performed indicating depth, size, condition, and material of the utility. c. Electronic files will be provided in Microstation (DGN) format. D. DETERMINE CONSTRUCTION PHASING Develop construction phasing scheme at the preliminary design of the Preferred Alignment stage of the project development. Update and submit final construction phasing determinations with the final submittal of the schematic for the Preferred Alignment Alterative. Construction phasing will be developed assuming two lanes of traffic in each direction is maintained on RM 620 at all times. The production of construction phasing determinations is limited to the segment of RM 620 from Deepwood Drive to IH 35. 1. Develop construction phasing layouts at the preliminary design of the Alignment Alternative stage of the project development. Estimated and budgeted for one (1) submittal. 2. Provide color coded plan view layouts depicting area of construction and locations of traffic movements. 3. Develop final construction phasing layouts of the Preferred Alignment Alterative. Estimated and budgeted for one (1) submittal. 4. Submit final construction phasing layouts with the final project schematic of the Preferred Alignment Alterative. E. RAILROAD COORDINATION 1. Meet with Union Pacific Railroad (UPRR) officials. City of Round Rock officials may decide to attend these meetings (Estimate and budget 3 meetings) 2. Develop and document UPRR constraints and inputs 3. Provide UPRR officials drawings of proposed designs. 4. Document correspondence with UPRR officials for improvements to RM 620 at UPRR crossing. This task does not include the production of Exhibit A Railroad Bridge Layout or a License Agreement with UPRR. F. DEVELOP FINAL PROJECT SCHEMATIC OF THE PREFERRED ALIGNMENT ALTERNATIVE 1. Incorporate comments from the review of the preliminary design schematic review meeting. 2. Develop and update final typical sections for the Preferred Alignment Alternative. 3. Develop and update final horizontal and vertical alignments based on comments from the review of the preliminary design schematic. Page 25 of 30 4. Develop final cross sections based for the Preferred Alignment Alternative. 5. Develop final construction cost estimate based on the Preferred Alignment Alternative. 6. Establish and display final right-of-way requirements (including water quality/detention facilities, drainage and construction easements) for the Preferred Alignment Alternative. 7. Submit final project schematic of the Preferred Alignment Alternative to the City of Round Rock and appropriate stakeholders. VII. DRAINAGE DESIGN Evaluate existing drainage structures from Deepwood Drive to IH 35. Evaluate and analyze impact of improvements along Brushy Creek. Develop drainage report listing recommendations. This preliminary drainage report submission shall include the overall drainage plan, existing and proposed drainage structure layout, and hydraulic computations. Attempts will be made to maintain the existing drainage patterns to the extent possible. Hydraulic design shall be in accordance with the TXDOT design and construction standards. Hydrologic and hydraulic analyses will be based on best available data/models to be obtained from previous LOMR's, Brushy Creek WCID and Williamson County. This task does not include the development of new hydraulic and hydrologic models. A. ANALYZE EXISTING DRAINAGE STRUCTURES TO ESTABLISH EXISTING CONDITIONS 1. Determine drainage areas, and produce drainage area maps. 2. Develop hydrologic data/discharge information. 3. Develop stage/discharge information. 4. Obtain Brushy Creek hydraulic model from Brushy Creek WCID or Williamson County to analyze and accurately map Brushy Creek Floodplain in the vicinity of proposed roadway improvements. B. ANALYZE PROPOSED DRAINAGE STRUCTURES FOR SELECTED ALIGNMENT ALTERNATIVE 1. Determine revised drainage areas for proposed drainage structures and produce proposed drainage area maps. 2. Develop hydrologic data/discharge information. 3. Develop stage/discharge information. 4. Analyze proposed drainage structures. 5. Analyze proposed floodplain encroachment of Brushy Creek Floodplain C. DEVELOP DRAINAGE REPORT 1. Develop preliminary drainage report and submit to the City of Round Rock and appropriate stakeholders for review and comment. Page 26 of 30 2. Revise drainage report based on comments by the City of Round Rock and appropriate stakeholders. Develop and submit final drainage report to the City of Round Rock and appropriate stakeholders. VIII. ADDITIONAL RESPONSIBILITIES A. LETTERS OF PERMISSION 1. Maintain and update right -of -entry database spreadsheet. It is assumed that right -of - entry will be required for the work in this contract. B. PROJECT MANAGER/ENGINEER COMMUNICATION 1. Designate one Registered Professional Engineer (Texas) to be responsible for the project development, project management, and communications with the City of Round Rock. C. SUBMITTAL REQUIREMENTS 1. Alignment Alternative SO% Submittal: Two alignment alternative schematic documents, preliminary construction cost estimate using EXCEL. 2. Alignment Alterative 100% Submittal: Two alignment alternative schematic documents, preliminary construction cost estimate. 3. Selected Preferred Alignment Alternative 90% Submittal: Schematic document, construction cost estimate, preliminary hydraulic report. 4. Selected Preferred Alignment Alternative 100% Submittal: Schematic document, construction cost estimate, final hydraulic report. D. DOCUMENT AND INFORMATION EXCHANGE 1. Furnish to the City of Round unprocessed data, computer outputs, reports, or other submissions of text in printed form, as well as Compact Disk (CD/DVD). Supply data in the form of MicroStation V8, GEOPAK, Microsoft WORD or EXCEL or other approved formats. The following items are excluded from the proposed scope of services offered under this proposal: 1. Attending or conducting Value Engineering sessions. 2. Preparing and submitting the notice of intent (NOI) for SW3P activities to the appropriate agencies. 3. Performing public involvement (beyond tasks identified above). 4. Exposing and tying existing underground utilities/facilities (beyond tasks identified above). 5. Researching private drainage systems and incorporating same into proposed drainage facilities design. Page 27 of 30 6. Developing alternate facilities designs (i.e. steel superstructure and concrete superstructure for bridges, etc.) (beyond the tasks identified above). 7. Performing pavement corings to verify existing pavement thicknesses. Performing forensic pavement analyses. 8. Performing traffic impact studies (beyond tasks identified above). 9. Designing landscaping and irrigation/sprinkler facilities. 10. Designing hardscape (enhanced flatwork) facilities. 11. Designing noise abatement facilities. 12. Developing wetland, tree, etc. mitigation plans/designs. 13. Designing pavement structure drainage systems. 14. Designing storm water pump stations. 15. Coordinating design with FEMA. Preparing LOMR/CLOMR. 16. Designing public and/or franchised utility adjustments or systems. 17. Preparing and submitting quantity calculation backup/records. 18. Confirming and resetting project control monumentation if disturbed by others (i.e. utility companies, mowing operations, etc.). 19. Providing right-of-way acquisition services (i.e. property valuations, damages assessments, condemnation assistance/services, negotiations, relocation assistance, property management, serving as right-of-way agent, etc.). 20. Design of improvements/modifications to private facilities (i.e. sprinkler systems, security systems, parking facilities, temporary perimeter fences, etc.) to accommodate the proposed improvements. 21. Developing additional alternatives (beyond tasks identified above). 22. Iterating design tasks, or portions thereof, after a design issue consensus has been reached or due to receipt of instructions or information contrary to previous directives and information or due to revisions in design criteria. 23. Providing survey boundary services for right-of-way acquisition or easements. 24. Preparing an USACE 404 Individual Permit. 25. Preparing a mitigation design plan is not included in this scope of work. 26. Preparing a Section 4(f) Evaluation. 27. Development of Exhibit A Railroad Exhibit. 28. Development of UPRR License Agreement. 29. Public Involvement Activities that are excluded: media advisories (beyond the tasks identified above), a project website, information phone line and a speakers bureau. 30. Creating Visual Technologies rendering of the project area including High Definition 3D Visualization. 31. Fees for advertising in newspapers for Public Hearing/Meeting. 32. An Indirect and Cumulative Impact Analysis will not be performed for air quality. Any additional services required beyond those specifically identified in this proposal are beyond the scope of services to be provided under this proposal. Any required additional services will be separately identified and negotiated and such additional scope and commensurate fee will be executed/authorized under a supplement agreement to this proposal/contract. Page 28 of 30 APPENDIX A: The ENGINEER will provide equipment, material, labor and supplies (except as shown on EXHIBIT A) necessary to accomplish the Project Tasks. The work will be performed in accordance with, but not limited to, the following manuals and standards: 1. City of Round Rock Design and Construction Standards 2. Standard Specifications for Construction of Highways, Streets, and Bridges, 2009 - TxDOT. 3. Bridges and Structures Operation and Planning Manual - TxDOT. 4. Bridges and Structures Hydraulic Manual - TxDOT. 5. Bridges and Structures Design Examples - TxDOT. 6. Standard Specifications for Highway Bridges - AASHTO. 7. TxDOT Roadway Design Manual. 8. TxDOT Environmental Manual. 9. A Policy on Geometric Design of Highways and Streets, 2004 AASHTO. 10. Highway Capacity Manual Special Report 209 - Texas Research Board (TRB) 11. Technical Advisory T6640.8A - FHWA. 12. Noise Guidelines - TxDOT. I3. Air Quality Guidelines - TxDOT. 14. Texas Manual on Uniform Traffic Control Devices - TxDOT. 15. Standard Highway Sign Designs for Texas - TxDOT. 16. Utility Accommodation Policy - TxDOT. 17. Utility Manual - TxDOT. 18. Code of Federal Regulations, Title 23 - "Highway" - Federal Register. 19. Administrative Order No. 5-89 - Signing, Sealing and Dating of Engineering Documents. - TxDOT. 20. Administrative Circular No. 26-91 - Minimum Signing, Sealing and Dating Procedures for Department Engineering Documents - TxDOT. 21. Guide for the Development of Bicycle Facilities, 2002 - AASHTO. 22. Guide for the Design of High Occupancy Vehicle Facilities, 2001 - AASHTO. 23. Right -of -Way Manual - TxDOT. 24. U.S. Army Corps of Engineers Wetland Delineation Manual of 1987. 25. TxDOT Environmental Affairs Division Standards of Uniformity for Categorical Exclusions. NOTES: (1) Designs shall be in accordance with the above references, except where variances are permitted in writing by the State or FHWA. (2) The ENGINEER is responsible for purchasing reference items/manuals required to complete Project TASKS/Subtasks. Page 29 of 30 The ENGINEER will perform the services to be provided under this agreement out of ENGINEER's office(s) as listed below: Service Project Management Environmental Document Preparation VISTECH/Structural Engineering Roadway Engineering Surveying Page 30 of 30 Office Location Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 1021 Bowser Road Richardson, TX 75081 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin, TX 78759 EXHIBIT C Work Schedule Attached Behind This Page CITY OF ROUND ROCK RM 620 SCHEMATIC & CATEGORICAL EXCLUSION FROM DEEPWOOD DRIVE TO IH 35 _ =° gl$ R 8 Tock tn{ I. il.„.. _;I Summary MlI tmo Pago 1 of 2 Project Dovo opment Schedule r: .......... 11 3• 5 • if) [ . e .. .... _ D....... P g - e ii u g Si �€ � 3 g E i i ; c 9 C ................ 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A 6 a • 3 0 a a 8 e 2 FA 12/17/10 Fri 6/2a/12 NaN L N -aAa'a 4 2 ► ? 4 2 a N 4 LL 4 2 jo yN N_ i a B N a aQ F 8 8 5 A 8 8 2 S 8 8 a 8 N W 6 E 0. b 0 U 2 EXHIBIT D Fee Schedule Attached Behind This Page 3,3 9: N. 8 8 8 8 88 8 8 9 8 883 8 8 81,8 818 88 51 ti 88 as .y � � a� � p•p iiia l 59 Z 8888 3333 »:s 3411 gIddi 8 9 :a R SAN 1 1 i 1 M IIIMIIIIMIMIIIIIMMIMIIIIMIIMIi 1:111011 1=1 F 8 9 8 II t1' ' ::' IIIIIIIHII111111111IMMIIMIIIIIMIIM MEN d1111111 9t9 IC I I1MI1111I11MII1111IIIMI11111MM111M1 Io11101MMIMB1 I:101lhlhl1hhlIfibffbhlhlhlIr IMINIMEMEN NOME 111111111MUMEMNIMEN 11101111111.111MM 3 4773 •i 8 1 1 3 3 3 • 7�7 a e 8 9 3222 1 1 C S :79: EIMMENIMINANIEM IMIN INE 1111 MINEHMIMMINIMMifil 111111 CIEZEINEEMENI IMENEIMMIMIMMIN MENSIMEIMMINIMINMEMMEN MINEMINEMMINIMMIN !LJ. sk I " 1 \ : k ! I 3 . / , / k / t111111I / 3 R 1 k } 1 § 8 1 , } > , 2. PS 3 [ # 8 , : , , ■ ; 38 | ! di 3 83 ■ | ! 1 || ■|! § EXHIBIT E Certificates of Insurance Attached Behind This Page ACORD,. CERTIFICATE OF LIABILITY INSURANCE /D )082 /2fl TYPE OF INSURANCE PRODUCER (972) 581-4800 FAX (972) 581-4850 Bell Insurance Agency 16980 Dallas Parkway Dallas, TX 75248 Candy Goehring THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Halff Associates, Inc. 1201 N. Bowser Richardson, TX 75081 INSURER A: Hartford Accident & Indemnity 22357 INSURER B: Hartford Casualty Ins. Co. 29420 INSURER C: Hartford Underwriters 30104 INSURERD ACE American Ins. Co. 22667 INSURER E: DAMAGE GFT TOP THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R I R ADD' N TYPE OF INSURANCE POLICY NUMBER POLICYEFFECT1VE °ATP(mmioo YV) POLICY EXPIRATION DATE (anotri my OMITS A GENERAL UABILITY COMMERCIAL GENERAL LIABILITY 46UUNIY5768 07/12/2010 07/12/2011 EACH OCCURRENCE $ 1,000,000 X DAMAGE GFT TOP $ 1,000,000 S 10,00-6 CLAIMS MADE X OCCUR ) MEO EXP (Arty one person) PERSONAL BADV INJURY $ 1,000000 GENERAL AGGREGATE 5 2,000,000 GENL —1 AGGREGATE LIMIT APPLIES PER: POLICY n 28, n LOC PRODUCTS- COMP/OPAGG $ 2,000,000 A AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 46UUNIY5768 07/12/2010 07/12/2011 COMBINED SINGLE LIMN (Ea occident) S 1,000,000 $ X — BODILY INJURY (Per person) _ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG $ B EXCESSIUMBRELLALIABILITY � X I 46XHUIY6677 07/12/2010 07/12/2011 EACHOCCURRENCE $ 5,000,000 OCCUR I I CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,000 s $ X $ C WORKERS COMPENSATION AND en LOYERT LIABILITY ANY PROPRIETOR EXRR UOEEXECUTIVE dyes, describe under SPECIAL PROVISIONS below 46WENV6090 07/12/2010 07/12/2011 X 1 TORS UM S ()Al- E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE - POLICY LIMN $ 1,000,000 D PIRSSIONAL LIABILITY Claims -Made EONG21673845 07/12/2010 07/12/2011 $5,000,000 Per Claim Limit $5,000,000 Aggregate Limit DpSCRIPTI NOF OPERATIONS 1 L(ICATIQNS I VEHCL $ 1 EXCLUSIONS ADDED YNOORSEM NT 1 SPECIAL PROVISIONS City of Round Rock is included as additional insured as respects general liability and is primary non-contributory if required by written contract E H R OLDE CANCELLATION City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIHCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE �. Thomas 7. Ashley/CANDY r ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)