R-12-01-26-9D6 - 1/26/2012 RESOLUTION NO. R-12-01-26-9D6
WHEREAS, the City of Round Rock desires to retain engineering services for the Chisholm
Trail—Phase 3 Project,and
WHEREAS, CP&Y, Inc. has submitted a Contract for Engineering Services to provide said
services,and
WHEREAS, the City Council desires to enter into said contract with CP&Y, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract
for Engineering Services with CP&Y, Inc. for the Chisholm Trail — Phase 3 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 26th day of January, 2012.
/ � 1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
O:\wdox\SCC1nts\0112\1204\MUNICIPAL\00241498.DOC/rmc .
EXHIBIT
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'ROUND ROCK,TEXAS
PURPOSE A15510N PIIOSPERt7Y
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CP&Y INC. ("Engineer")
ADDRESS: 10415 Morado Circle,Bldg I.Suite 200,Austin,TX 78759
PROJECT: Chisholm Trail—Phase 3
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract) is made and entered into on
this the day of .2011 by and between the CITY OF ROUND ROCK,a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act"provides for the procurement by municipalities of services of
professional engineers;and
WHEREAS,City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto,it is agreed as follows:
Engineering Services Contract Rev.05/10
0199.7280;00239858 00192831
TX04CHS3
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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 sei vices 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 helshelit 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.
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(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
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herein, is the sum of Three Hundred Sixty Six Thousand Eight Hundred Twenty-Five and 28/100
Dollars($366.825.28) 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/herl is
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
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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
2008 Enterprise
Round Rock,Texas 78664
Telephone Number(5 12)218-6617
Fax Number(5 12)218-5563
Email Address jdean@round-rock.tx.us
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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:
Paul Schrader,P.E.
Senior Engineer
10415 Morado Circle,Bldg I,Suite 200
Austin,TX 78759
Telephone Number(512)349-0700
Fax Number(512)349-0727
Email Address pschrader@cpyi.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City,or at other locations designated by City.When requested by City,such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule,or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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, helshe/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.
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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.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data,including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City,and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL.EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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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
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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/herrts 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.
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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
errors or omissions in its work product,
such
of an s
y
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/shelit 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
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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 i
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following j
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.
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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
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Paul Schrader,P.E.
Senior Engineer
10415 Morado Circle, Bldg I, Suite 200
Austin,TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County,Texas,and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no wan-antics, 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 full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and wan-antics 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 terns and provisions hereof.
CITY OF ROUND ROCK,TEXAS APPROVED AS TO FORM:
By:
Alan McGraw,Mayor Stephan L.Sheets,City Attorney
ATTEST:
By:
Sara L.White,City retary
CP&Y,IN .
By:
Si a rincipa
Priv JamesX. Roohms
15
LIST OF EXHIBITS ATTACHED
(l)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
The City will famish to the Engineer the following information and/or perform the following tasks:
1. Provide any existing data the Owner has on file concerning the project,if available.
2. Assist with the coordination of any required public involvement, attend one-on-one meetings
with officials,neighborhood groups,and local businesses and attend an open house,if necessary.
3. Assist the Engineer,as necessary,in obtaining any required data and information from the State,
County,neighboring Cities and/or other franchise utility companies.
4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes
aware of any development that affects the scope or timing of Engineer's services.
I
S. Meet on an as needed basis to answer questions,provide guidance and offer comment.
I
6. Provide construction inspection and construction testing services including
coordination and
scope of services.
loft
EXHIBIT B
Engineering Services
The Chisholm Trail Road Improvement Project will widen the existing Chisholm Trail Road from a two-lane rural facility
to a five-lane urban roadway with curb and gutter. The southern limits of this widening will tie into the already widened
section of Chisholm Trail Road at the intersection of Wolle Lane(approximately 600 feet north of FM 3406),and the
northern limits will tie into the IH 35 Southbound Frontage Road at the existing intersection with Chisholm Trail Road.
The project length is approximately 3,800 feet. The scope of this project will also include a three-lane driveway that
connects from Chisholm Trail Road to the back of the Indoor Sports Complex property along the north and west edges of
the FedEx property.
The Engineer sliall provide the necessary engineering and technical services for the completion of environmental studies,
public involvement,surveying and mapping,right-of-way mapping,schematic development,preparation of plans,
specifications and estimates for the project.
Design services related to the design and plan production for this project will be performed in accordance with the latest
available City of Round Rock Transportation Criteria Manual and Design and Construction Standards available from the
City website. TxDOT design manuals,criteria,standards,and specifications will also be used where appropriate and based
on(411)design criteria. Plaits will be prepared on 22"x34"sheets.
The development of the project will be consistent with TxDOT design procedures and practices. This project will be
developed utilizing Microstation V8i and Bentley Geopak V8i.
The tasks and products are more fully described in the following TASK OUTLINE.
TASK OUTLINE
I. ROUTE AND DESIGN STUDIES
i
A. DATA COLLECTION
I. Coordinate with the City of Round Rock and TxDOT Austin District to obtain pertinent project information.
Meet periodically with project stakeholders to gather information and provide updated project information.
2. Perform field investigations of the project. These investigations will include site visits to the project site and
adjacent area to gather pertinent information relating to the corridor. Field investigations will also be
performed to review individual property locations and the impacts of the alignment to that property.
3. Develop a photo inventory of the project site for reference in project meetings,discussions with stakeholders
and discussions with developers,etc.during the project development.
4. Gather and review related existing and draft studies from City of Round Rock and TxDOT,including traffic
signals and Environmental studies in the project vicinity. Meet with City of Round Rock and TxDOT
personnel to discuss future plans potentially impacting the project.
5. Gather and review information from various planning documents such as the CAMPO 2030 plan,Texas
Transportation Plan,Transportation Improvement Plan and City of Round Rock master streettroad plans
impacting the project.
B. SCHEMATIC DEVELOPMENT
1. Develop the roadway design criteria to be discussed,revised and approved by the City. This set of criteria
will be based on the City of Round Rock Transportation Criteria Manual.
2. Prepare calculated horizontal geometries for the project roadways.
3. Prepare calculated vertical geometries for the project roadways.
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4. Develop existing and proposed typical sections for inclusion on project schematics.
S. Develop preliminary schematic cross sections at 100'intervals. These cross sections will be for estimation of
cut and fill quantities,as well as determining retaining wall Iocations and heights.
6. Determine construction easement limits for the project roadway.
7. Develop a conceptual traffic control plan. Conceptual plans are intended to depict major phases of traffic
control on scroll plots. These conceptuals will propose methods for constructability and can serve as a basis
for future development of PS&E documents.
8. Develop the proposed right-of-way limits required for the schematic design.
9. Perform preliminary hydraulic analysis/design to determine location and sizes of major drainage structures.
10. Determine if any proposed drainage easements are required to adequately drain the proposed facility.
11. Depict striping on the schematic layouts. Small signs will not be developed at the schematic phase.
12. Identify any necessary design exceptions or waivers required for the project. These instances will be recorded
and reviewed with(lie City.
13. Develop Engineer's opinion of probable cost for the project schematics.
14. Prepare schematic plots for the project corridor.
YY. SOCIAL,ECONOMIC&ENVIROMENTAL STUDIES AND PUBLIC INVOLVEMENT
A. ENVIRONMENTAL STUDIES
1. Habitat Assessment
(a) Review technical databases, technical literature, and governmental publications and databases prior to
conducting field surveys to identify federally threatened, endangered, and candidate plant and animal
species in the vicinity of the project area.
i
(b) The habitat assessment includes determining whether suitable habitat exists within and adjacent to the
proposed project area, taking representative photographs of the project area,and reporting all findings.
All protocols for determining required habitat will be performed for the federally threatened,endangered,
and candidate species in Williamson County.
(c) Geologic Assessment and Karst Survey(Provided by SIVCA Environmental Consultants): A Registered
Professional Geoscientist who is permitted by the USPWS to conduct karst surveys will search the right-
of-way and appropriate adjacent areas where right of entry is obtained for the presence of surface features
which may be indicative of sub-surface habitat for endangered karst invertebrates or avenues for aquifer
recharge as defined by the TCEQ.As required by the TCEQ the survey area for the geologic assessment
will consist of the proposed right-of-way including the locations of water quality structures. The survey
area for the karst survey (which concerns endangered species issues) will be slightly different since
potential indirect effects are considered in endangered species impacts analyses and in potential
Williamson County Regional Habitat Conservation Plan(WRHCP)participation. In general,the current
level of development adjacent to the roadway suggests that any karst invertebrate habitat adjacent to the
roadway has been previously impacted and that compared to those impacts the effects of proposed
roadway improvements would be discountable.Therefore,surveying individual residential Iots for karst
features seems unnecessary. Based on the results of field surveys,a Registered Professional Geoseientist
will also prepare and seal a karst survey report to include with WRHCP participation documents and a
Geologic Assessment report to be submitted to the TCEQ with the Water Pollution Abatement Plan.
(d) A Habitat Assessment Report summarizing the findings of the habitat and karst survey shall be submitted
to the City of Round Rock for its records. Presence/absence surveys and coordination with the US.Fish
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and IVildlife Service and the iVtllian►son County Conservation Fund are not included in this scope of
work if habitatforfederally listed species is identified.
2. U.S.Army Corps of Engineers Permitting
Review available information and conduct field investigations to determine whether the project would affect
jurisdictional wetlands and waters of the U.S. (WUS). If it is found that the project would affect WUS,
impacts would be permitted under Section 404 of the Clean Water Act by the Fort Worth District of the
United States Army Corps of Engineers (USACE). If necessary, CP&Y will conduct a wetland delineation
following the 1987 USACE wetland delineation manual procedures and the 2008 Interim Regional
Supplement to the USACE delineation manual:Great Plains Region.Once field work has been conducted on
the project site,the type of permit required will be determined depending on the area of impacts, if any,to
jurisdictional waters and wetlands. The results of these investigations will be summarized in a Wetland
Delineation Report. Preparation of a Pre-Construction Notification to the USACE or Individual Permit is not
included in this scope of work.
3. Cultural Resource Investigations (Provided by SIVCA Environmental Consultants)
These investigations are designed to satisfy all applicable cultural resource regulations,namely the Antiquities
Code of Texas. The project proposes to widen the existing Chisholm Trail Road pavement from Wolfe Lane
to the Interstate Highway 35(IH 35)southbound frontage road.Currently,Chisholm Trail Road is a two-lane
undivided urban roadway. The Area of Potential Effects (APE) includes the 80-foot Chisholm Trail Road
right-of-way(ROW)from its intersection with Wolle Lane north to its intersection with IH 35 frontage road,
for a total distance of approximately 3,800 feet, and an overall area of about 6.36 acres. The project also
includes the construction of Activity Center Drive, which intersects with Chisholm Trail Road and then
proceeds to the north and west of the FedEx freight facility. The proposed Activity Center Drive would be
constructed on entirely new ROW that measures 50 feet wide and approximately 1,550 feet long,for a total
area of 1.78 acres.
The depth of impacts for the undertaking has not been completely determined, but it is typically 3-5 feet
throughout.New ROW would also be required for the Chisholm Trail Road expansion, from Wolle Lane to
about 2,889 feet north.The archaeological investigations will include a background archaeological literature
and records review, coordination with CP&Y and involved regulatory agencies, application for a Texas
Antiquities Permit to conduct any necessary fieldwork, intensive pedestrian survey,and the preparation of a
full report of the investigations for submittal to all reviewing agencies. All work will be done in accordance
with the standards and guidelines of the Antiquities Code of Texas and the Council of Texas Archeologists
(CTA).
(a) Background Review and Permit Applications
Because the project involves lands owned or controlled by a political subdivision of the State of Texas
(the City of Round Rock),any archaeological field investigations will require a Texas Antiquities Permit.
SWCA's Principal Investigator will prepare the permit application and submit it to the City of Round
Rock for review and signature. We would then submit the application with all pertinent project
documentation to the Texas Historical Commission (THC), the permitting and reviewing agency.The
THC has 30 days to review and issue a permit for the investigations.Also as part of this task,SWCA will
make all logistical preparations for the fieldwork and establish project management protocols.
SWCA will conduct a thorough background archaeological literature and records search of the project
area. An SWCA archaeologist will search site files, records, and maps files housed at the Texas
Archeological Research Laboratory(TARL)and the THC Library.Additionally,an SWCA arohseologist
will search the Texas Archeological Sites Atlas(Atlas)online database and the TxDOT Historic Overlay
maps for any previously recorded surveys and historic or prehistoric archeological sites located in or near
the project area.In addition to identifying previously recorded archeological sites,the Atlas review will
include the following types of information:National Register of Historic Places(NRNP)properties,State
Archeological Landmarks (SALs), Official Texas Historical Markers (O THMs), Registered Texas
Historic Landmarks(RTHLs),cemeteries,and local neighborhood surveys.
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(b) Archaeological Survey
Once a permit has been obtained,SWCA will conduct an intensive pedestrian survey with shovel testing
of the project area.The field survey will consist of SWCA archaeologists examining the proposed project
area.The survey will be of sufficient intensity to determine the nature,extent,and, if possible,potential
significance of any cultural resources located within the proposed APE.
Shovel Testing
During the survey, the archaeologist will be examining (lie ground surface and erosional profiles for
cultural resources. Shovel testing will be conducted in areas containing soils with potential for buried
deposits, undisturbed areas, and previously recorded sites. When excavated, shovel tests will be
approximately 30 cm in diameter and excavated in arbitrary 20-cm levels to 100 cm below surface or
culturally sterile deposits, whichever comes first. The matrix from each shovel test will be screened
through''/.-inch mesh,and the location of each excavation will be plotted using a hand-held GPS receiver.
Each shovel test will be recorded on a standardized form to document the excavations.
Any discovered or previously documented sites, both prehistoric and historic, will be documented on
appropriate forms and plotted on USGS 7.5-minute topographic maps and appropriate project maps for
planning purposes.Additional shovel tests will be excavated to define site boundaries within the project
area.SWCA is proposing a non-collection survey.Artifacts will be tabulated,analyzed,and documented
in the field, but not collected. Temporally diagnostic artifacts will be described in detail and
photographed in the field.Only especially rare artifacts or discoveries will be collected.This policy will
reduce or eliminate curation costs once the fieldwork is concluded.
(c) Benoit Paparation
Once Tasks I and 11 have been completed, SWCA will analyze the field data, produce a report of the
investigations, and curate all artifacts and documents. Analysis of field data will include mapping, the
production of official State of Texas site forms for all documented sites and the acquisition of trinomials
from TARL, analysis and tabulation of shovel tests and results, and the review, organization, and
assessment of field notes.Once this is complete, SWCA will prepare a report of the investigations.The
report will be in conformance with reporting standards of 13 TAC 2624, as well as CTA reporting
guidelines. The archaeological report will document previous investigations in the area, background
cultural settings,the methodology used in the investigations,the presence and condition of any previously
recorded sites revealed in the records review, the general nature and extent of cultural resources
encountered during the archaeological survey, the ownership of the land on which the site's lie,
recommendations on the need for fiuther work,and the potential significance of the cultural resources in
regards to future development and eligibility for listing as an SAL or on the NRHP. The report will
contain recommendations for further work, if necessary, on the project with appropriate justifications
based on the requirements of 13 TAC 26.20 and defined in 13 TAC 26.5.
Draft copies of the report will be submitted to CP&Y and the City of Round Rock for review and
comment.Once this has been accomplished,any appropriate edits will be made and a draft report will be
submitted to the THC. The Texas Antiquities Code also requires that 11 copies of the final report be
submitted once the draft report has been reviewed and accepted by the THC.In addition,though we are
proposing a non-collection policy,in the unlikely event that artifacts are recovered,all recovered artifacts
and documentation will be curated,pursuant to 13 TAC 26.27 (p)(1), at an approved curation facility,
which in this instance will be the Texas Archaeological Research Laboratory(TARL)in Austin,Texas.
These artifacts will.be washed,analyzed,and cataloged according to TARL curation standards.Records,
files, field notes, forms,documentation of disposed artifacts, and other required documentation will be
archived and included in the curation package. Curation fees are not included in this cost proposal;
SWCA would submit a change order to cover the cost of curation in the unlikely event that artifacts are
recovered.
4. Hazardous Materials
CP&Y will prepare a Phase I Environmental Site Assessment in accordance with ASTM E 1527-05 to
determine whether any Recognized Environmental Concerns(As defined therein)exist within the project area,
and if there is evidence or history of any activity that would warrant assessment. If fturlier assessment is
required,it would be conducted tinder a separate wok authorization.
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CATION TO THE
SON
B. pRE-CONSTRUCTION
HABITAT CONSERVATION PILAN PARTICIPATION COEXCLUSIONO COUNTY REGIONAL
CATEGORICAL
These services will be performed under a supplemental agreement if it is determined that the project"may affect"a
federally-listed endangered species or if a karst feature with potentially suitable habitat is found during Task
II.A.1(c).
III. SURVEYING SERVICES
A. RIGHT-OF-ENTRY SERVICES
1. The Surveyor will perform property ownership research utilizing the Williamson County Appraisal District
records (Tax Maps and Ownership Records) and compile a list (Excel Spreadsheet) of landowners for
distribution of right of entry letters. The Surveyor will obtain"right-of-entry"by signed letter from the owner
of each of the subject properties. Also,the Engineer will contact property owners in advance of field surveys
or to address specific property owner concerns about the work to be performed or being performed. We are
anticipating that the City of Round Rock will handle problems regarding landowners that refuse to grant right-
of-entry or are otherwise hostile with respect to the completion of this scope of services. The Engineer will
record and report results of mailings for future action. All landowner contact will be recorded and provided to
the Client.
2. Coordinate and review subconsultant work activities and submittals.
B. DESIGN SERVICES
1. The Surveyor shall generate,recover,and/or verify existing horizontal and vertical project primary control at
the site,if any,and reconcile the control to known existing intersecting projects.
2. The Surveyor shall establish or densify additional secondary control as needed for the project to collect data
along the length of the project.
3. The Surveyor shall, at their discretion, use 5/8" iron rods with distinguishing caps, cotton spindles (paved
areas)or other durable entities for the project control as applicable.
4. The Surveyor shall perform differential leveling through all of the project control(primary and secondary)to
establish or extend vertical control for the project.
5. The project limits for surveying shall be along Chisholm Trail from FM 3406 at the south end to the 11135
SBFR at the north end for a minimum width of 75 feet to either side of the roadway centerline. The limits
shall also include the north and-,vest perimeter of the FedEx property for a minimum width of 80 feet.
6. The Surveyor shall perform a topographic/design survey within the project limits. The topographic/design
survey includes,but is not necessarily limited to:roadway,ditches,major grade breaks,culverts,culvert types
and sizes, metal beam guard fence, fences,driveways, mailboxes, traffic and other signs, mailbox turnouts,
striping,and visible 8
' ible above round utilities.
7. The Surveyor shall survey drainage structures within limits.
8. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located
within the project limits.
9. The Surveyor shall process the collected information into a 1 foot contour DTM file.
10. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of-
way lines for Chisholm Trail Road and intersecting roads within the limits of survey. This is not to be
construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time.
11. Coordinate and review subconsultant work activities stud submittals.
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C. TREE SERVICES
1. The Surveyor shall locate trees that 12 inches in diameter and larger,and shall note the size and species.
D. UTILITIES
1. The Surveyor shall perform Level C&D tasks for the underground utilities within the project limits.
2. The Engineer will contact each utility company and meet individually with them to review their assumed
utility locations developed from the SUE process.
E. DELIVERABLES
1. The Surveyor shall provide:
(a) 2D MicroStation V8 planimetric file.
(b) 3D MicroStation V8 DTM file including break-lines and 1 foot contours.
(c) Geopak DTM(tin)file.
(d) ASCII point file.
(e) Two CD-ROM containing the specified files.
(f) PDF file of each Surveyor's project field book.
(g) Spreadsheet of landowners for right-of-entry letters
F. ASSUMPTIONS
1. The Surveyor shall notify the client prior to performing the work if:
(a) Sufficient right-of-way monumentation cannot be found to re-establish the existing alignments and
associated right-of-way lines along the project corridor.
(b) Traffic Control cannot be managed by the Surveyor's personnel.,
(c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control.
(d) Existing Project Control cannot be recovered or verified.
IV. PLANS,SPECIFICATIONS&ESTIMATE
A. RIGHT-OF.-WAY DATA AND UTILITY ADJUSTMENTS
1. The Engineer will provide the proposed ROW limits to the Surveyor for preparation of Right-of-Way plans.
2. The Engineer will utilize subsurface utility data throughout the design process. A good faith effort will be
made to accommodate existing utility locations. Utility conflicts will be identified during the design process
to allow for relocation. The Engineer will coordinate with utility providers on necessary relocations. The
Engineer shall include the existing utility information in the plans.
-3. The Engineer will provide plant and profiles,culvert layouts,cross sections and other sheets as required to
utility providers to assist them in any relocation efforts.
4. The Engineer will be present at all utility meetings.
B. ROADWAY DESIGN CONTROLS
1. Miscellaneous Plans
(a) A project title sheet will be prepared as required for die construction plans.
(b) A detailed index of sheets will be prepared that shows each sheets location in the plait set,as well as its
corresponding sheet number. This index will be updated throughout the submittal process to allow for
easier reference during the review process.
(c) Project layout sheets will be prepared on 22"04"sheets at a scale of 1"=100'that clearly indicates the
limits of the entire project.
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(d) Benchmark layout sheets will be prepared on 22"x34"sheets at a scale of 1"=100'that clearly indicate
the benchmark locations and associated control information. These sheets will later be sealed by a RPLS
for submittal.
2. Roadway Plans&Geometry
(a) Existing typical sections will be completed depicting the existing conditions of the project roadways.
(b) Proposed typical sections will be completed depicting the improvements to Chisholm Trail Road and the
Sports Complex driveway.
(c) A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for the
project roadways to be included in the construction plan set.
(d) Chisholm Trail Road and Sports Complex driveway plan and profile sheets shall be completed depicting
the proposed construction. The plan and profile sheets will be prepared on 22"04"sheets at a scale of
1"=50'H and 1"=5'V.
(e) Supplemental grading sheets will be prepared on 22"04"sheets at a scale of 1"=20'for areas of the
project that will require additional grading information.
(f) The Engineer shall provide 22"04"plan sheets of removals at a scale of 1"--50'. Removal sheets shall
indicate pavement and other pertinent items to be removed with sufficient detail to assure Contractor will
have no problems understanding the intentions. Description of removal items including material shall be
included.
3. Grading and Details
(a) Design cross sections will be completed at 50-foot stations and other locations as necessary for the
determination of cut and fill quantities. These sections will also be used to further refine the design
vertical geometry. Cut and fill quantities determined from the design cross sections will be shown on the
plan/profile sheets. Cross sections will not be developed as a deliverable for phased TCP.
(b) The Engineer shall complete intersection layouts for two(2)intersections. The intersection layouts will
include the design of the pavement and drainage layouts.
(c) Driveway details will be prepared for each driveway along the project corridor. When possible these
driveways will be defined in a tabular format. Unique driveways will require individual details defining
there construction.
(d) The Engineer will develop driveway profiles as required for the project. These profiles will be developed
to show driveway tie-back slopes,as well as limits for the contractor's information.
(e) Miscellaneous roadway detail sheets will be developed for the project. The sheets will depict details
required that are not defined in standard detail sheets. When possible City standard details and TxDOT
Statewide and TxDOT Austin District standards will be used for the project development.
C. DRAINAGE DESIGN
1. Culvert Hydrology and Hydraulic Analysis
(a) DATA COLLECTION—Preliminary research indicates that no FEMA-regulated stream crossings exist
within the project limits.The Engineer will conduct field investigations to observe existing channel
characteristics and culvert structures under Chisholm Trail Road. The Engineer will assess channel and
overbank roughness values using field notes and photographs.
(b) HYDROLOGY/EXTERIOR DRAINAGE AREA MAPS—The Engineer will define drainage area
boundaries and characteristics and existing conditions hydrology for the cross culverts.Peak runoff will
be computed using the Rational Method or HEC-HMS in accordance with the TxDOT Hydraulic Manual,
as appropriate.
(c) HYDRAULICS—The Engineer will analyze existing and proposed conditions culvert hydraulics for
cross culvert structures within the proposed construction limits using HEC-RAS,CulvertMaster,or an
equivalent analysis program.The Engineer will summarize the relative impacts to computed water
surface elevations between existing and proposed conditions.The Engineer will design the proposed
improvements such that there will be no significant impacts to adjacent properties.
(d) CULVERT LAYOUTS—The Engineer will prepare a culvert layout for each culvert crossing.
2. Storm Sewer Design
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(a) Interior drainage area maps will be prepared on 22"04"sheets at a scale of 1"=50'. These maps will
depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique
number to be used to find run-off information from the calculation sheets.
(b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with City of Round
Rock Drainage Criteria Manual and shown on the run-off and inlet computation sheets.
(c) Storm sewers will be analyzed and computations will be prepared for the storm sewer design using
Geopak Drainage.
(d) Drainage plan and profile sheets will be completed depicting locations of inlets,manholes,storm sewers,
culverts,utilities,channel improvements,and ditch locations and flowlines as required. These sheets will
be prepared on 22"x34"paper at a scale of 1"=50'. Storm sewer profiles will be prepared at a scale of
1"=50'H and 1'=5'V. Storm sewer profiles will show pipe size and type,slope,existing and proposed
ground lines above the pipe,pertinent hydraulic information,and locations and sizes of inlets and
junctions.
(e) Lateral profile sheets will be developed for the project storm sewer systems. These 22"x34"sheets will
be developed at a scale of 1"=50'H and 1"=5'V.
(f) The Engineer will prepare a tabular ditch layout schedule that depicts pertinent information about the
roadside ditch geometry and design. This table will include station,offset,flow line elevation,ditch
lining material,as well as ditch bottom width. The tables will be shown on the drainage plan sheets.
(g) The Engineer shall provide drainage design details for"non-standard"drainage structures in instances
where City or TxDOT standard details cannot be utilized. The Engineer shall use City or TxDOT
standard details where practical.
(h) The Engineer will identify areas within the construction of the storm sewer and culvert construction that
will require trench protection or special shoring.
3. Storni Water Detention
(a) Engineer will calculate the increase in peak discharge and runoff volume associated with the proposed
improvements for the 2-,10-,and 25-year storm events in accordance with City of Round Rock Drainage
Criteria Manual.
(b) The detention volume required to reduce the post-development peak discharge to existing,pre-
development conditions will be estimated based on the difference between the existing and proposed 24-
hour duration hydrographs.
(c) A preliminary evaluation of up to three detention pond site alternatives will be completed. The design of
a detention facility,if required,will be performed under a supplemental agreement once the need for a
detention facility is confirmed.
4. Water Pollution Abatement Plan(WPAP)Preparation
(a) Project Setup and Data Review
I
Engineer will obtain and review all available data on the existing and proposed roadway designn and site
engineering plans and geologic reports. An initial field visit will be conducted in
including enging p g g
geology,
order to inspect the site and identify and evaluate potential locations for water quality Best Management
Practices(BMPs). The geologic assessment will be performed by others.
(b) Pollutant Removal Calculations and Design of Water Quality BMPs
Engineer will perform the required total suspended solids(TSS)pollutant load calculations and choose
the most appropriate and cost effective permanent BMP for water quality treatment. The use of non-
structural,vegetative water quality BMPs,such as grassy swales,which can be utilized within the ROW
will be evaluated as the preferred treatment approach. In the event that the use of non-structural controls
is determined to be infeasible, the design of a structural BMP, such as a sedimentation/filtration pond,
will be performed under a supplemental agreement. Best Management Practices will be designed
according to the TCEQ's technical guidance manual Corq 13v= with the Edwards Aquifer Rules —
Techniml Guidance on Best Management Practices(RG-348,July 2005).
The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted
runoff from the project site during construction will be evaluated to ensure compliance with TCEQ
Edwards Aquifer requirements. It is assumed that the design of temporary controls,including an erosion
and sedimentation control plan,will be included as part of the SW3P.
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(c) Draft WPAP Document
This task includes the completion of the Water Pollution Abatement Plan(WPAP)application forms for
submittal to TCEQ including the following:
• General Information Form(TCEQ-0587);
• The Geologic Assessment Form(TCEQ-0585)(prepared by others);
• Water Pollution Abatement Plan Application Form(TCEQ-0584);
• Temporary Stormwater Section(TCEQ-0602);
• Permanent Storniwater Section(TCEQ-0600);
• Agent Authorization Form(TCEQ-0599);
• Application Fee Form(TCEQ-0574)
• Core Data Form(TCEQ-10400)
This task will not include the preparation of engineering drawings,plans,specifications or bid document
packages. The required engineering drawings and plans will be obtained from the CPY roadway design
team and included in the WPAP submittal as required.
(d) WPAP Submittal and TCEQ Coordination
The WPAP will be submitted by CPY to TCEQ Austin Region 11 staff for review and approval. CPY
will pay the WPAP application fee as an expense under this contract. CPY will coorduiate with TCEQ j
during the review process and address any issues that may arise. CPY will promptly respond to and
address any review comments from the TCEQ with the goal of obtaining TCEQ approval in a timely
manner. Coordination with TCEQ will also be provided during the construction phase of the project in
the event that any WPAP compliance issues arise. Once the construction phase is complete,CPY will
submit to the TCEQ the required notification that the terms of the WPAP have been satisfied.
(e) Project Coordination
This task involves time for coordination with the Project Manager and Administrative Assistant to
prepare project management reports,invoices,and other administrative activities.
5. SW3P and Erosion Control
(a) Erosion control plans will be prepared for the length of project. Temporary storm water management
devices will be needed to minimize the sediment runoff during construction of this project. The
anticipated design components to be utilized on this project are silt fence,sand bags,rock filter dams,
sediment traps,and construction exits. One temporary erosion control plan will be developed with notes
that indicate that the contractor is responsible for phasing the devices along with the constriction
sequencing. Permanent erosion control measures will be included on these sheets as well.
(b) A Storm Water Pollution Prevention Plan(SW3P)will be prepared for this job in accordance with TCEQ
regulations. These sheets will consist of the TxDOT SW3P text sheets that summarize erosion control
measures.
(c) Erosion control details will be prepared for any related items that are not covered by City or TxDOT
standard details.
D. SIGNING,MARKINGS AND SIGNALIZATION
1. Signing and Pavement Markings
(a) Signing and Pavement marking layouts will be prepared at a scale of V=100'. These layouts will depict
striping and delineator type and location,as well as MBGF location,lengths,and end treatments. Each
sign will have a corresponding number that will relate that sign to the sign summaries.
(b) Pavement marking details will be prepared for instances in which the State's signing and striping
standards do not apply,or are not appropriate.
(c) Detail sheets for small signs will be prepared for non-standard signs. This sheet is intended to show the
overall dimensions of the signs by determining letter size and spacing.
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2. Signalization
(a) It is not anticipated that traffic signals will be installed as part of this project.
E. MISCELLANEOUS ROADWAY
1. Retaining Walls
(a) It is not anticipated that retaining walls will be included as part of this project.
2. Traffic Control Plan
(a) Traffic control typical sections will be prepared for each stage of the construction sequence to clearly
delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic
barriers and pavement markings will also be shown and dimensioned.
(b) The Engineer will develop overview plans for each stage of traffic control. These plans will act as key
maps for each phase of TCP and shall be developed at a I'"00'scale.
(c) The Engineer will prepare I"=400'plan layouts of all advance warning signs for Chisholm Trail Road
and all cross streets.
(d) A detailed narrative for the sequence of construction and traffic control general notes will be prepared
and submitted to the City for review and incorporation into the plans. The narrative will include a phase-
by-phase,step-by-step written account of the proposed activities throughout the construction process.
This is intended to be a narrative account of the activities shown in the traffic control plan layouts.
(e) Detailed traffic control plans will be prepared at a scale of i"=100'. These plaits will be developed based
on the City's approval of the conceptual plans developed at the schematic design level. This plan will
describe the maintenance of traffic and sequence of work for each phase of the proposed construction.
Detour alignments,location of work areas,temporary paving,temporary shoring,signing,barricades and
other details will be required to describe the traffic control plan. The Engineer will be required to ensure
that proper drainage can be maintained during each phase of construction.
(f) The Engineer will prepare temporary shoring profiles for temporary shoring required during construction
sequencing. These profiles will be prepared at a scale of 1"=100'H and 11-10'V. Existing ground and
top of shoring will be depicted on these sheets,as well as existing ground and top of shoring elevations
indicated every 50 feet.
(g) Traffic control details will be developed for items not covered by State standard drawings.
(h) An Engineer's opinion of construction schedule will be computed in order to determine an approximate
duration for each of the phases of construction. The schedule will be prepared using SureTrak.
3. Illumination
(a) The Engineer will design continuous and safety lighting along the project corridor. The lighting will be
shown on illumination layouts.
(b) The Engineer shall provide electrical circuit plans and details for the roadway lighting systems within the
project limits.
(c) The Engineer will coordinate with the City in identifying power sources,conduit runs,and will show
them on the project plans. The Engineer shall identify potential overhead utility conflicts,and coordinate
with the State and the utility company to help resolve the conflicts.
4. Quantities
Quantities will be tabulated for each of the following and as necessary to bid this project:
(a) Traffic Control(per each phase)
(b) Earthwork
(c) Roadway
(d) Removal
(e) Drainage related items including inlets,manholes and storm sewer pipes
(f) Small/Large Signs
(g) Pavement Markings
(h) Illumination
(i) Erosion Control and SW3P
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5. Summary Sheets
Quantities that are calculated will be tabulated on individual summary sheets for inclusion in the construction plans:
(a) Traffic Control(per each phase)
(b) Earthwork
(c) Roadway
(d) Removal
(e) Drainage related items including inlets,manholes and storni sewer pipes
(f) Small/Large Signs
(g) Pavement Markings
(h) Illumination
(i) Erosion Control and SW3P
6. Standards,Specifications and Estimate
(a) The Engineer will download the appropriate City details and TxDOT standards for the project from the
corresponding web site. Standards that require modification will be corrected and sealed by the Engineer.
All other standards will have their title blocks filled out with the applicable project data and printed for
inclusion in the final plan set.
(b) A tabulation of applicable City and TxDOT specifications,special specifications and special provisions
will be prepared for submission with the final PS&E package.
(e) The Engineer will assemble general notes as appropriate for inclusion in the plans.
(d) An opinion of probable construction cost will be prepared at the 30%,601/6,90%and prior to final PS&E
submittal,and supplied to the City in Microsoft Excel format.
V. PROJECT MANAGEMENT
A. Project Management
i. Create and submit monthly invoices suitable for payment by the City.
2. Prepare monthly progress reports for submission with the monthly invoices to provide a written account of the
progress made to date on the project.
3. Meet formally once a month with the City to review project progress.
4. Prepare project meeting summaries for applicable meetings during the project development process.
5. Meet with property owners,stakeholders,and the City staff as required through the project development
process.
6. The Engineer will have internal meetings with the consultant design team every two weeks for the length of
the project. It is assumed that these meetings will include key personnel from each discipline and will be
required to discuss and resolve project issues.
7. The Engineer shall prepare and execute contracts with sub-consultants,monitor sub-consultants activities
(staff and schedule),complete monthly reports and review and recommend approval of sub-consultant
invoices.
8. The Engineer shall formally close out the project and perform a documented archive process.
VI. BID AND CONSTRUCTION SERVICES
Bid and construction phase services will be performed under a supplemental agreement once the construction
schedule for the project is determined.
11 of 11
EXHIBIT C
Work Schedule
Duration Completion Date
Notice to Proceed N/A Jan 27,2012
Initial Data Collection 7 Feb 3, 2012
Topographic/SUE Survey 24 Feb 27, 2012
Schematics is Mar 13,2012
City Review of Schematics 7 Mar 20,2012
60%Plans Submittals 30 Apr 19, 2012
City Review of 60%Plans 14 May 3, 2012
90%Plans Submittals 30 Jun 2,2012
City Review of 90%Plans 14 Jun 16, 2012
100%Plans Submittal 14 Jun 30,2012
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EXHIBIT D
Fee Schedule
For the services described under Exhibit B,we request compensation on a lump sum basis for all services.
The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours
and costs per function code are shown on the following pages.
ESTIMATE OF MAXIMUM COMPENSATION- (See attached summary)
SALARY COSTS -LUMP SUM
Project Principal 4 Hrs.@ $70.00= $ 280.00
Project Manager 191 Hrs.@ $58.00= $ 11,078.00
Senior Engineer 372 Hrs.@ $45.00= $ 16,740.00
Design Engineer 593 Hrs.@ $39.00= $ 23,127.00
EIT 1,608 Hrs.@ $30.00= $ 48,240.00
Chief Hydrologist 33 Hrs.@ $58.00= $ 1,914.00
Environmental Manager 22 His.@ $58.00= $ 1,276.00
Senior Environmental Specialist 24 Hrs.@ $40.00= $ 960.00
Environmental Specialist 44 Hrs.@ $29.00= $ 1,276.00
Biologist 44 Hrs.@ $30.00= $ 1,320.00
GIS Specialist 32 Hrs.@ $26.00= $ 832.00
Admin/Clerical 36 Hrs.@ $22.00= $ 792.00
$ 107,835.00
SALARY COSTS $ 107,835.00
SALARY RELATED COST(165.00 %) $ 177,927.75
TOTAL LABOR COSTS $ 285,762.75
FIXED FEE(12%) $ 34.291.53
$ 320,054.28
TOTAL SALARY COSTS $ 320,054.28
EXPENSES
Miscellaneous Expenses
Subtotal $ 8,565.00
Subconsultant Expenses
The Wallace Group,Inc. $ 27,900.00
SWCA $ 10,306.00
Subtotal $ 38.206.00
TOTAL EXPENSES $ 46,771.00
TOTAL SALARY COSTS+EXP AMOUNT PAYABLE $ 366.825.28
1 of 1
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
I
i
ACORV a CERTIFICATE OF LIABILITY INSURANCE DATE`I l°°"Y"Y'
12/8/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. 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).
PRODUCER CT Patrick P McLaughlin
McLaughlin Brunson Insurance Agency, LLP p ONE FAX
6600 LBJ Freeway, Suite 220 (214) 503-1212 •(214) 503-8899
•AWL
Dallas TX 75240 m.
PRODUCER 20359
INSURER(S)AFFORDING COVERAGE NAIC N
INSURED N U A•St. Paul Fire k Marine Ins. Co. 24767
CPeY, Inc.
I RERB:Hartford Casualty Insurance Co. 19424
1820 Regal Row INsuRERC:Travelers Lloyds Ina. Company 41262
Suite 200
Dallas TX 75235 INSURERD:Travelers Indenmity Cc of Conn 25682
INSURERE:XL Specialty Insurance Company 37085
INSURER F
COVERAGES CERTIFICATE NUMBER:Cert ID 12846 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSA im J_RTYPE OF INSURANCE D POLICY NUMBER P
OLICY Y LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
C X COMMERCIAL GENERAL LIABILITY Y Y PACP195IL895 6/1/2012 PREMISES Ma � S 10000,000
CLNMS•MADE [ OCCUR Valuable Papers MED EXP WW one $ 10,000
X Contractual Liab $2,245,000 PERSONAL&ADVINJURY $ 1,000,000
X Severability of Int. GEHERALAGGRFGATE S 2,000,000
GENLAGGREGATELIMRAPPLIES PER: PRODUCTS-COMPAPAGG S 2,000,000
POLICY X LOC $
AUTOMOBILE LIABILITY COMSNEOSINGLE LIMIT 8 11000,000
D X ANYAUTO Y X BA3865M855 6J1/2011 6/1/2012 (Es B000.YN,IJRY(Perpareal) S
ALLONNNEDAUrOS BODILY WARY(Per eoddent) $
SCIEOIILED AUTOS PROPERTY DAMAGE
x INImAuros
X NONOANEDAUTOS s
X No Owned Autos. S
A X UMBRELLALIAS X OCCUR Y Y QKOGS03491 6/1/2011 6/1/2012 FACHOCC<RREJCE $ 10,000 000
EXCESS LIAO CLAW-MADE AGGREGATE $ 10,000,000
DEDUCTIBLE S
RETENTION SS
WORT RS COMPENSATION 461NSZI4881 1/1/2011 1/1/2012 X TATA O -
B AND EMPLOYERS'LIABILITY
�ANYO����CUrNE� NIA Y E.L.>/LCt1ACCIDENT S 500,000
E.L.OISEW-EA EMPLOYEE $ 500,000
'10devolWe OF bdow E.L DISEASE-POLJCYUMR 4 500,000
111145wial MaoN Y DPR 5 4 1 2011 4/112012 ,3, 0 000 per a
ua Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Auveu ACORD 701,Addltlonel Rem"$Sclk**^Nmoa aped b n wow
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. Thirty (30) day notice of
cancellation in favor of the certificate holder. City of Round Rock is named as additional insured
on the general liability as required by contract. A Waiver of Subrogation is shown in favor of City
of Round Rook on the Workers enation, General Auto & Umbrella liability coverages as
CERTIFICATE HOLDER CANCELLATION
SHOIKD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Round Rock
City Manager
221 Rest Main Street AUTHORIZED REPRESENTATIVE
Round Rock TX 78664 MIA WIL
®1988.2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD
Page 1 of 2
DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE
12/9/2011
CERTFICATF HOLDER: wsuRED:
City of Round Rock CP&Y, Inc.
City Manager
221 Bast Main Street 1920 Regal Row
Dallas TX 75235
Round Rock TX 79664
DESCRIPTON OF TIONS
required by written contract. RSI Chisholm Trail Road - RHDR1201.00
DOC(1012003)
Page 2 of 2
ROUNDCity Cnu.ncil Agenda Summary Sheet
FUNI �.FMOK PROSPUM
Agenda Item No. 9D6.
Consider a resolution authorizing the Mayor to execute a Contract for Engineering
Agenda Caption: Services with CP&Y, Inc.for the Chisholm Trail—Phase 3 Project.
Meeting Date: January 26, 2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
Chisholm Trail Road north of FM 3406 serves a number of properties, including a Fed Ex freight transfer station, a
car dealership and a number of other commercial and residential properties. Additionally,this roadway will serve as
the access point to the City of Round Rock's new Sports Complex, located at 2400 Chisholm Trail Road. The current
configuration of Chisholm Trail Road is a two lane rural section with open ditches and no pedestrian facilities, which
is inadequate to serve the needs of the Sports Complex or the anticipated future development along this roadway.
This contract in the amount of $366,825.28 with CP&Y, Inc., a local engineering firm, will provide engineering
services to design the improvements to this roadway within the limits of IH-35 frontage road on the north to Wolle
Lane on the south, where it will tie in with the existing five lane section of Chisholm Trail. The widening will consist
of a five lane curb and gutter section with pedestrian facilities. In addition, this work will include the design of a
second driveway to the sports complex site, which will provide much needed emergency ingress and egress to the
site.
Funding for this project was provided for in Amendment #26 to the Transportation Capital Improvement Program,
which was approved by the Round Rock Transportation System Development Corporation and the City Council on
March 10, 2011.
Cost: $366,825.28
Source of Funds: Type B Corporation Funds
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
AROUND ROCK,TEXAS
PURPOSE PI Z10aPRospam
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CP&Y INC. ('Engineer")
ADDRESS:16415 Morado Circle,Bldg I,Suite 200,Austin,TX 78759
PROJECT: Chisholm Trail—Phase 3
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the&day of ,20lZ by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, w1fose offices are located at 221 East Main Sheet, Round Rock, Texas
78664-5299, (hereinafter referred to as "City'), and Engineer, and such Contract is for the purpose of
contacting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers;and
WHEREAS, City and Engineer desire to contract for such professional engineering services;and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.05/10
0199.7280;00239858 00192831
TX04CHS3
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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.
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(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 Three Hundred Sixty Six Thousand Eight Hundred Twenty-Five and 28/100
Dollars ($366&25.28)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.
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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
2008 Enterprise
Round Rock,Texas 78664
Telephone Number(512)218-6617
Fax Number(512)218-5563
Email Address jdean@round-rock.tx.us
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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:
Paul Schrader,P.E.
Senior Engineer
10415 Morado Circle,Bldg I,Suite 200
Austin,TX 78759
Telephone Number(512)349-0700
Fax Number(512) 349-0727
Email Address pschrader@cpyi.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City,or at other locations designated by City. When requested by City,such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services,including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule,or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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 j
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.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terns 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.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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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
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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.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents,or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election,to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage,brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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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.
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(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
below in Article 26 Section 3 .
policy conditions as shown b ( }
P Y
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 j
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
among requirements its subconsultants. City shall be entitled, upon request and without expense, to i
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receive copies of these certificates of insurance.
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(3) Insurance Policy Endorsements. Each insurance policy shall include the following ;
conditions by endorsement to the policy:
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(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.
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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 j
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
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Paul Schrader,P.E.
Senior Engineer
10415 Morado Circle, Bldg I, Suite 200
Austin,TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County,Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed b and construed in
g y 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.
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(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 terns of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment,approval,review,
or determination to be arbitrary,capricious,or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OROyUN,D ROCK,TEXAS APP O ED AS TO RM:
<aliia LalAlan McGraw,Mayor Stephan . Sheets,City Attorney
ATTEST:
By:
Sara L. hite, ity L,
CP&Y, I
By:
Si i' o rincip
Prin e: James J. Roohms
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LIST OF EXHIBITS ATTACHED
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(1)Exhibit A City Services
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(2) Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
The City will famish to the Engineer the following information and/or perform the following tasks:
1. Provide any existing data the Owner has on file concerning the project,if available.
2. Assist with the coordination of any required public involvement, attend one-on-one meetings
with officials,neighborhood groups,and local businesses and attend an open house,if necessary.
3. Assist the Engineer,as necessary, in obtaining any required data and information from the State,
County,neighboring Cities and/or other franchise utility companies.
4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes j
aware of any development that affects the scope or timing of Engineer's services.
5. Meet on an as needed basis to answer questions,provide guidance and offer comment.
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6. Provide construction inspection and construction testing services including coordination and
scope of services.
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EXHIBIT B
Engineering Services
The Chisholm Trail Road Improvement Project will widen the existing Chisholm Trail Road from a two-lane rural facility
to a five-lane urban roadway with curb and gutter. The southern limits of this widening will tie into the already widened
section of Chisholm Trail Road at the intersection of Wolle Lane(approximately 600 feet north of FM 3406),and the
northern limits will tie into the IH 35 Southbound Frontage Road at the existing intersection with Chisholm Trail Road.
The project length is approximately 3,800 feet. The scope of this project will also include a three-lane driveway that
connects from Chisholm Trail Road to the back of the Indoor Sports Complex property along the north and west edges of
the FedEx property.
The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies,
public involvement,surveying and mapping,right-of-way mapping,schematic development,preparation of plans,
specifications and estimates for the project.
Design services related to the design and plan production for this project will be performed in accordance with the latest
available City of Round Rock Transportation Criteria Manual and Design and Construction Standards available from the
City website. TxDOT design manuals,criteria,standards,and specifications will also be used where appropriate and based
on(4R)design criteria. Plans will be prepared on 22"x34"sheets.
The development of the project will be consistent with TxDOT design procedures and practices. This project will be
developed utilizing Microstation V8i and Bentley Geopak V8i.
The tasks and products are more fully described in the following TASK OUTLINE.
TASK OUTLINE
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I. ROUTE AND DESIGN STUDIES
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A. DATA COLLECTION '
1. Coordinate with the City of Round Rock and TxDOT Austin District to obtain pertinent project information.
Meet periodically with project stakeholders to gather information and provide updated project information.
2. Perform field investigations of the project. These investigations will include site visits to the project site and
adjacent area to gather pertinent information relating to the corridor. Field investigations will also be
performed to review individual property locations and the impacts of the alignment to that property. '
3. Develop a photo inventory of the project site for reference in project meetings,discussions with stakeholders
and discussions with developers,etc.during the project development.
4. Gather and review related existing and draft studies from City of Round Rock and TxDOT,including traffic
signals and Environmental studies in the project vicinity. Meet with City of Round Rock and TxDOT
personnel to discuss future plans potentially impacting the project.
5. Gather and review information from various planning documents such as the CAMPO 2030 plan,Texas
Transportation Plan,Transportation Improvement Plan and City of Round Rock master street/road plans
impacting the project.
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B. SCHEMATIC DEVELOPMENT
1. Develop the roadway design criteria to be discussed,revised and approved by the City. This set of criteria I
will be based on the City of Round Rock Transportation Criteria Manual.
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2. Prepare calculated horizontal geometries for the project roadways.
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3. Prepare calculated vertical geometries for the project roadways.
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4. Develop existing and proposed typical sections for inclusion on project schematics.
5. Develop preliminary schematic cross sections at 100' intervals. These cross sections will be for estimation of
cut and fill quantities,as well as determining retaining wall locations and heights.
6. Determine construction easement limits for the project roadway.
7. Develop a conceptual traffic control plan. Conceptual plans are intended to depict major phases of traffic
control on scroll plots. These conceptuals will propose methods for constructability and can serve as a basis
for future development of PS&E documents.
8. Develop the proposed right-of-way limits required for the schematic design.
9. Perform preliminary hydraulic analysis/design to determine location and sizes of major drainage structures.
10. Determine if any proposed drainage easements are required to adequately drain the proposed facility.
11. Depict striping on the schematic layouts. Small signs will not be developed at the schematic phase.
12. Identify any necessary design exceptions or waivers required for the project. These instances will be recorded
and reviewed with the City.
13. Develop Engineer's opinion of probable cost for the project schematics.
14. Prepare schematic plots for the project corridor.
lI. SOCIAL,ECONOMIC&ENVIROMENTAL STUDIES AND PUBLIC INVOLVEMENT
A. ENVIRONMENTAL STUDIES
1. Habitat Assessment
(a) Review technical databases, technical literature, and governmental publications and databases prior to
conducting field surveys to identify federally threatened, endangered, and candidate plant and animal
species in the vicinity of the project area.
(b) The habitat assessment includes determining whether suitable habitat exists within and adjacent to the
proposed project area, taking representative photographs of the project area,and reporting all findings. j
All protocols for determining required habitat will be performed for the federally threatened,endangered,
County.
'es in Williamson Co
and candidate specs Y
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(c) Geologic Assessment and Karst Survey(Provided by SFVCA Environmental Consultants): A Registered
Professional Geoscientist who is permitted by the USFWS to conduct karst surveys will search the right-
of-way and appropriate adjacent areas where right of entry is obtained for the presence of surface features
which may be indicative of sub-surface habitat for endangered karst invertebrates or avenues for aquifer
recharge as defined by the TCEQ.As required by the TCEQ the survey area for the geologic assessment
will consist of the proposed right-of-way including the locations of water quality structures. The survey
area for the karst survey (which concerns endangered species issues) will be slightly different since
potential indirect effects are considered in endangered species impacts analyses and in potential
Williamson County Regional Habitat Conservation Plan (WRHCP)participation. In general,the current
level of development adjacent to the roadway suggests that any karst invertebrate habitat adjacent to the
roadway has been previously impacted and that compared to those impacts the effects of proposed
roadway improvements would be discountable.Therefore, surveying individual residential lots for karst
features seems unnecessary. Based on the results of field surveys,a Registered Professional Geoscientist
will also prepare and seal a karst survey report to include with WRHCP participation documents and a
Geologic Assessment report to be submitted to the TCEQ with the Water Pollution Abatement Plan.
(d) A Habitat Assessment Report summarizing the findings of the habitat and karst survey shall be submitted
to the City of Round Rock for its records. Presence/absence surveys and coordination with the U.S.Fish
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and IVildlife Service and the IVillianison County Conservation Fund are not included in this scope of
work if habitatforfederally listed species is identified.
2. U.S.Army Corps of Engineers Permitting
Review available information and conduct field investigations to determine whether the project would affect
jurisdictional wetlands and waters of the U.S. (WUS). If it is found that the project would affect WUS,
impacts would be permitted under Section 404 of the Clean Water Act by the Fort Worth District of the
United States Army Corps of Engineers (USACE). If necessary, CP&Y will conduct a wetland delineation
following the 1987 USACE wetland delineation manual procedures and the 2008 Interim Regional
Supplement to the USACE delineation manual:Great Plains Region.Once field work has been conducted on
the project site, the type of permit required will be determined depending on the area of impacts, if any, to
jurisdictional waters and wetlands. The results of these investigations will be summarized in a Wetland
Delineation Report. Preparation of a Pre-Construction Notification to the USACE or Individual Permit is not
included in this scope of work.
3. Cultural Resource Investigations (Provided by SiVCA Environmental Consultants)
These investigations are designed to satisfy all applicable cultural resource regulations,namely tine Antiquities
Code of Texas. The project proposes to widen tine existing Chisholm Trail Road pavement from Wolle Lane
to the Interstate Highway 35 (IH 35)southbound frontage road.Currently,Chisholm Trail Road is a two-lane
undivided urban roadway. The Area of Potential Effects (APE) includes the 80-foot Chisholm Trail Road
right-of-way(ROW)from its intersection with Wolle Lane north to its intersection with IH 35 frontage road,
for a total distance of approximately 3,800 feet, and an overall area of about 6.36 acres. The project also
includes the construction of Activity Center Drive, which intersects with Chisholm Trail Road and then
proceeds to the north and west of the FedEx freight facility. The proposed Activity Center Drive would be
constructed on entirely new ROW that measures 50 feet wide and approximately 1,550 feet long,for a total
area of 1.78 acres.
The depth of impacts for the undertaking has not been completely determined, but it is typically 3-5 feet
throughout.New ROW would also be required for the Chisholm Trail Road expansion, from Wolle Lane to
about 2,889 feet north.The archaeological investigations will include a background archaeological literature
and records review, coordination with CP&Y and involved regulatory agencies, application for a Texas
Antiquities Permit to conduct any necessary fieldwork,intensive pedestrian survey, and the preparation of a
full report of the investigations for submittal to all reviewing agencies. All work will be done in accordance
with the standards and guidelines of the Antiquities Code of Texas and the Council of Texas Archeologists j
(CTA).
(a) Background Review and Permit Applications
Because the project involves lands owned or controlled by a political subdivision of the State of Texas
(the City of Round Rock),any archaeological field investigations will require a Texas Antiquities Permit.
SWCA's Principal Investigator will prepare the permit application and submit it to tine City of Round
Rock for review and signature. We would then submit the application with all pertinent project
documentation to the Texas Historical Commission(THC), the permitting and reviewing agency. The
THC has 30 days to review and issue a permit for the investigations.Also as part of this task,SWCA will
make all logistical preparations for the fieldwork and establish project management protocols.
SWCA will conduct a thorough background archaeological literature and records search of the project
area. An SWCA archaeologist will search site files, records, and maps files housed at the Texas
Archeological Research Laboratory(TARL)and the THC Library.Additionally,an SWCA archaeologist
will search the Texas Archeological Sites Atlas(Atlas)online database and the TxDOT Historic Overlay
maps for any previously recorded surveys and historic or prehistoric archeological sites located in or near
the project area.In addition to identifying previously recorded archeological sites,the Atlas review will
include the following types of information:National Register of Historic Places(NRHP)properties,State
Archeological Landmarks (SAU), Official Texas Historical Markers (OTHMs), Registered Texas
Historic Landmarks(RTHLs),cemeteries,and local neighborhood surveys.
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(b) Archaeological Survev
Once a permit has been obtained,SWCA will conduct an intensive pedestrian survey with shovel testing
of the project area.The field survey will consist of SWCA archaeologists examining the proposed project
area.The survey will be of sufficient intensity to determine the nature,extent,and, if possible,potential
significance of any cultural resources located within the proposed APE.
Shovel Testing
During the survey, the archaeologist will be examining the ground surface and erosional profiles for
cultural resources. Shovel testing will be conducted in areas containing soils with potential for buried
deposits, undisturbed areas, and previously recorded sites. When excavated, shovel tests will be
approximately 30 cm in diameter and excavated in arbitrary 20-cm levels to 100 cm below surface or
culturally sterile deposits, whichever comes first. The matrix from each shovel test will be screened
through''/a-inch mesh,and the location of each excavation will be plotted using a hand-held GPS receiver.
Each shovel test will be recorded on a standardized form to document the excavations.
Any discovered or previously documented sites, both prehistoric and historic, will be documented on
appropriate forms and plotted on USGS 7.5-minute topographic maps and appropriate project maps for
planning purposes.Additional shovel tests will be excavated to define site boundaries within the project
area.SWCA is proposing a non-collection survey. Artifacts will be tabulated,analyzed,and documented
in the field, but not collected. Temporally diagnostic artifacts will be described in detail and
photographed in the field. Only especially rare artifacts or discoveries will be collected.This policy will
reduce or eliminate curation costs once the fieldwork is concluded.
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(c) Report Preparation
Once Tasks I and 11 have been completed, SWCA will analyze the field data, produce a report of the
investigations, and curate all artifacts and documents. Analysis of field data will include mapping, the
production of official State of Texas site forms for all documented sites and the acquisition of trinomials
from TARL, analysis and tabulation of shovel tests and results, and the review, organization, and
assessment of field notes.Once this is complete, SWCA will prepare a report of the investigations.The
report will be in conformance with reporting standards of 13 TAC 26.24, as well as CTA reporting
guidelines. The archaeological report will document previous investigations in the area, background
cultural settings,the methodology used in the investigations,the presence and condition of any previously
recorded sites revealed in the records review, the general nature and extent of cultural resources
encountered during the archaeological survey, the ownership of the Iand on which the site's lie,
recommendations on the need for further work,and the potential significance of the cultural resources in
regards to future development and eligibility for listing as an SAL or on the NRHP. The report will
contain reconuuendations for further work, if necessary, on the project with appropriate justifications
based on the requirements of 13 TAC 26.20 and defined in 13 TAC 26.5.
Draft copies of the report will be submitted to CP&Y and the City of Round Rock for review and
comment.Once this has been accomplished,any appropriate edits will be made and a draft report will be
submitted to the THC. The Texas Antiquities Code also requires that l l copies of the final report be
submitted once the draft report has been reviewed and accepted by the THC.In addition,though we are
proposing a non-collection policy,in the unlikely event that artifacts are recovered,all recovered artifacts
and documentation will be curated, pursuant to 13 TAC 26.27 (g)(1), at an approved curation facility,
which in this instance will be the Texas Archaeological Research Laboratory(TARL) in Austin,Texas.
These artifacts will be washed,analyzed,and cataloged according to TARL curation standards.Records,
files, field notes, forms, documentation of disposed artifacts, and other required documentation will be
archived and included in the curation package. Curation fees are not included in this cost proposal;
SWCA would submit a change order to cover the cost of curation in the unlikely event that artifacts are
recovered.
4. Hazardous Materials
CPRY will prepare a Phase I Environmental Site Assessment in accordance with ASTM E 1527-05 to
determine whether any Recognized Environmental Concerns(As defined therein)exist within the project area,
and if there is evidence or history of any activity that would warrant assessment. If farther assessment is
required,it would be conducted under a separate work authorization.
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B. PRE-CONSTRUCTION NOTIFICATION TO THE USACE/USFWS/WILLIAMSON COUNTY REGIONAL
HABITAT CONSERVATION PLAN PARTICIPATION/CATEGORICAL EXCLUSION
These services will be performed under a supplemental agreement if it is determined that the project"may affect"a
federally4isted endangered species or if a karst feature with potentially suitable habitat is found during Task
II.A.1(c).
1II. SURVEYING SERVICES
A. RIGHT-OF-ENTRY SERVICES
1. The Surveyor will perform property ownership research utilizing the Williamson County Appraisal District
records (Tax Maps and Ownership Records) and compile a list (Excel Spreadsheet) of landowners for
distribution of right of entry letters. The Surveyor will obtain"right-of-entry"by signed letter from the owner
of each of the subject properties. Also,the Engineer will contact property owners in advance of field surveys
or to address specific property owner concerns about the work to be performed or being performed. We are
anticipating that the City of Round Rock will handle problems regarding landowners that refuse to grant right-
of-entry or are otherwise hostile with respect to the completion of this scope of services. The Engineer will
record and report results of mailings for future action. All landowner contact will be recorded and provided to
the Client.
2. Coordinate and review subconsultant work activities and submittals.
B. DESIGN SERVICES
1. The Surveyor shall generate,recover,and/or verify existing horizontal and vertical project primary control at
the site,if any,and reconcile the control to known existing intersecting projects.
2. The Surveyor shall establish or densify additional secondary control as needed for the project to collect data
along the length of the project.
3. The Surveyor shall, at their discretion, use 5/8" iron rods with distinguishing caps, cotton spindles (paved
areas)or other durable entities for the project control as applicable.
4. The Surveyor shall perform differential leveling through all of the project control(primary and secondary)to
establish or extend vertical control for the project.
5. The project limits for surveying shall be along Chisholm Trail from FM 3406 at the south end to the IH 35
SBFR at the north end for a minimum width of 75 feet to either side of the roadway centerline. The limits
shall also include the north and west perimeter of the FedEx property for a nunimum width of 80 feet.
6. The Surveyor shall perform a topographic/design survey within the project limits. The topographic/design
survey includes,but is not necessarily limited to:roadway,ditches,major grade breaks,culverts,culvert types
and sizes, metal beam guard fence, fences, driveways, mailboxes, traffic and other signs, mailbox turnouts,
striping,and visible above ground utilities.
7. The Surveyor shall survey drainage structures within limits.
8. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located
within the project limits.
9. The Surveyor shall process the collected information into a 1 foot coutour DTM file.
10. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of-
way lines for Chisholm Trail Road and intersecting roads within the limits of survey. This is not to be
construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time.
11. Coordinate and review subconsultant work activities and submittals.
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C. TREE SERVICES
1. The Surveyor shall locate trees that 12 inches in diameter and larger,and shall note the size and species.
D. UTILITIES
1. The Surveyor shall perform Level C&D tasks for the underground utilities within the project limits.
2. The Engineer will contact each utility company and meet individually with them to review their assumed
utility locations developed from the SUE process.
E. DELIVERABLES
1. The Surveyor shall provide:
(a) 2D MicroStation V8 planintetric file.
(b) 3D MicroStation V8 DTM file including break-lines and 1 foot contours.
(c) Geopak DTM(tin)file.
(d) ASCII point file.
(e) Two CD-ROM containing the specified files.
(f) PDF file of each Surveyor's project field book.
(g) Spreadsheet of landowners for right-of-entry letters
F. ASSUMPTIONS
1. The Surveyor shall notify the client prior to performing the work if:
(a) Sufficient right-of-way monumentation cannot be found to re-establish the existing alignments and
associated right-of-way lines along the project corridor.
(b) Traffic Control cannot be managed by the Surveyor's personnel.
(c) The work is delayed due to weather or other circumstances beyond the Surveyor's direct control.
(d) Existing Project Control cannot be recovered or verified.
IV. PLANS,SPECIFICATIONS&ESTIMATE
A. RIGHT-OF,-WAY DATA AND UTILITY ADJUSTMENTS
1. The Engineer will provide the proposed ROW limits to the Surveyor for preparation of Right-of-Way plans.
2. The Engineer will utilize subsurface utility data throughout the design process. A good faith effort will be
made to accommodate existing utility locations. Utility conflicts will be identified during the design process
to allow for relocation. The Engineer will coordinate with utility providers on necessary relocations. The
Engineer shall include the existing utility information in the plans.
3. The Engineer will provide plan and profiles,culvert layouts,cross sections and other sheets as required to
utility providers to assist them in any relocation efforts.
4. The Engineer will be present at all utility meetings.
B. ROADWAY DESIGN CONTROLS
1. Miscellaneous Plans
(a) A project title sheet will be prepared as required for the construction plans.
(b) A detailed index of sheets will be prepared that shows each sheets location in the plait set,as well as its
corresponding sheet number. This index will be updated throughout the submittal process to allow for
easier reference during the review process.
(c) Project layout sheets will be prepared on 22"04"sheets at a scale of 1"=100'that clearly indicates the
limits of the entire project.
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(d) Benchmark layout sheets will be prepared on 22"x34"sheets at a scale of 1"=100'that clearly indicate
the benchmark locations and associated control informationn. These sheets will later be sealed by a RPLS
for submittal.
2. Roadway Plans&Geometry
(a) Existing typical sections will be completed depicting the existing conditions of the project roadways.
(b) Proposed typical sections will be completed depicting the improvements to Chisholm Trail Road and the
Sports Complex driveway.
(c) A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for the
project roadways to be included in the construction plan set.
(d) Chisholm Trail Road and Sports Complex driveway plan and profile sheets shall be completed depicting
the proposed construction. The plan and profile sheets will be prepared on 22"x34"sheets at a scale of
1'=50'H and 1"=5'V.
(e) Supplemental grading sheets will be prepared on 22"x34"sheets at a scale of 1"=20'for areas of the
project that will require additional grading information.
(f) The Engineer shall provide 22"x34"plan sheets of removals at a scale of 1"=S0'. Removal sheets shall
indicate pavement and other pertinent items to be removed with sufficient detail to assure Contractor will
have no problems understanding the intentions, Description of removal items including material shall be
included.
3. Grading and Details
(a) Design cross sections will be completed at 50-foot stations and other locations as necessary for the
determination of cut and fill quantities. These sections will also be used to further refine the design
vertical geometry. Cut and fill quantities determined from the design cross sections will be shown on the
plan/profile sheets. Cross sections will not be developed as a deliverable for phased TCP,
(b) The Engineer shall complete intersection layouts for two(2)intersections. Tine intersection layouts will
include the design of the pavement and drainage layouts.
(c) Driveway details will be prepared for each driveway along the project corridor. When possible these
driveways will be defined in a tabular format. Unique driveways will require individual details defining
there construction.
(d) The Engineer will develop driveway profiles as required for the project. These profiles will be developed
to show driveway tie-back slopes,as well as limits for the contractor's information.
(e) Miscellaneous roadway detail sheets will be developed for the project. The sheets will depict details
required that are not defined in standard detail sheets. When possible City standard details and TxDOT
Statewide and TxDOT Austin District standards will be used for the project development.
C. DRAINAGE DESIGN
1. Culvert Hydrology and Hydraulic Analysis
(a) DATA COLLECTION--Preliminary research indicates that no FEMA-regulated stream crossings exist
within the project limits.The Engineer will conduct field investigations to observe existing channel
characteristics and culvert structures under Chisholm Trail Road. The Engineer will assess channel and
overbank rougluness values using field notes and photographs.
(b) HYDROLOGY/EXTERIOR DRAINAGE AREA MAPS—The Engineer will define drainage area
boundaries and characteristics and existing conditions hydrology for the cross culverts.Peak runoff will
be computed using the Rational Method or HEC-HMS in accordance with(lie TxDOT Hydraulic Manual,
as appropriate.
(c) HYDRAULICS—The Engineer will analyze existing and proposed conditions culvert hydraulics for
cross culvert structures within the proposed construction limits using HEC-RAS,CulvertMaster,or an
equivalent analysis program.The Engineer will summarize the relative impacts to computed water
surface elevations between existing and proposed conditions.The Engineer will design the proposed
improvements such that there will be no significant impacts to adjacent properties.
(d) CULVERT LAYOUTS—The Engineer will prepare a culvert layout for each culvert crossing.
2. Storm Sewer Design
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(a) Interior drainage area maps will be prepared on 22"x34"sheets at a scale of 1"=50'. These maps will
depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique
number to be used to find run-off information from the calculation sheets.
(b) Run-off to each inlet and inlet hydraulic information will be calculated in accordance with City of Round
Rock Drainage Criteria Manual and shown on the run-off and inlet computation sheets.
(c) Storm sewers will be analyzed and computations will be prepared for the storm sewer design using
Geopak Drainage.
(d) Drainage plan and profile sheets will be completed depicting locations of inlets,manholes,storm sewers,
culverts,utilities,channel improvements,and ditch locations and flowlines as required. These sheets will
be prepared on 22"x34"paper at a scale of 1"=50'. Storm sewer profiles will be prepared at a scale of
1"=50'H and 1"=5'V. Storm sewer profiles will show pipe size and type,slope,existing and proposed
ground lines above the pipe,pertinent hydraulic information,and locations and sizes of inlets and
junctions. j
(e) Lateral profile sheets will be developed for the project storm sewer systems. These 22"x34"sheets will
be developed at a scale of 1"=50'H and 1"=5'V.
(f) The Engineer will prepare a tabular ditch layout schedule that depicts pertinent information about the
roadside ditch geometry and design. This table will include station,offset,flow line elevation,ditch
lining material,as well as ditch bottom width. The tables will be shown on the drainage plan sheets.
(g) The Engineer shall provide drainage design details for"non-standard"drainage structures in instances
where City or TxDOT standard details cannot be utilized. The Engineer shall use City or TxDOT
standard details where practical.
(h) The Engineer will identify areas within the construction of the storm sewer and culvert constriction that
will require trench protection or special shoring.
3. Storm Water Detention
(a) Engineer will calculate the increase in peak discharge and runoff volume associated with the proposed
improvements for the 2-,10-,and 25-year storm events in accordance with City of Round Rock Drainage
Criteria Manual.
(b) The detention volume required to reduce the post-development peak discharge to existing,pre-
development conditions will be estimated based on the difference between the existing and proposed 24-
hour duration hydrographs.
(c) A preliminary evaluation of up to three detention pond site alternatives will be completed. The design of
a detention facility,if required,will be performed under a supplemental agreement once the need for a
detention facility is confirmed.
4. Water Pollution Abatement Plan(WPAP)Preparation
(a) Project Setup and Data Review
Engineer will obtain and review all available data on the existing and proposed roadway design and site
geology, including engineering plans and geologic reports. An initial field visit will be conducted in
order to inspect the site and identify and evaluate potential locations for water quality Best Management
Practices(BMPs). The geologic assessment will be performed by others.
(b) Pollutant Removal Calculations and Design of Water Quality BMPs
Engineer will perform the required total suspended solids (TSS) pollutant load calculations and choose
the most appropriate and cost effective permanent BMP for water quality treatment. The use of non-
structural,vegetative water quality BMPs,such as grassy swales,which can be utilized within the ROW
will be evaluated as the preferred treatment approach. In the event that the use of non-structural controls
is determined to be infeasible, the design of a structural BMP, such as a sedimentation/filtration pond,
will be performed under a supplemental agreement. Best Management Practices will be designed
according to the TCEQ's technical guidance manual Complying with the Edwards Aquifer Rules —
Teclmical Guidance on Best Management Practices(RG-348,July 2005).
The location of temporary erosion and sedimentation controls designed to prevent discharges of polluted
runoff from the project site during construction will be evaluated to ensure compliance with TCEQ
Edwards Aquifer requirements. It is assumed that the design of temporary controls,including an erosion
and sedimentation control plan,will be included as part of the SW3P.
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(c) Draft WPAP Document
This task includes the completion of the Water Pollution Abatement Plan(WPAP) application forms for
submittal to TCEQ including the following:
• General Information Forin(TCEQ-0587);
• The Geologic Assessment Form(TCEQ-0585)(prepared by others);
• Water Pollution Abatement Plan Application Form(TCEQ-0584);
• Temporary Stormwater Section(TCEQ-0602);
• Permanent Stornnvater Section(TCEQ-0600);
• Agent Authorization Form(TCEQ-0599);
• Application Fee Form(TCEQ-0574)
• Core Data Form(TCEQ-10400)
This task will not include the preparation of engineering drawings,plans,specifications or bid document
packages. The required engineering drawings and plans will be obtained from the CPY roadway design
team and included in the WPAP submittal as required.
(d) WPAP Submittal and TCEQ Coordination
The WPAP will be submitted by CPY to TCEQ Austin Region 11 staff for review and approval. CPY
PP ,
will pay the WPAP application fee as an expense under this contract. CPY will coordinate with TCEQ
during the review process and address any issues that may arise. CPY will promptly respond to and
address any review comments from the TCEQ with the goal of obtaining TCEQ approval in a timely
manner. Coordination with TCEQ will also be provided during the construction phase of the project in
the event that any WPAP compliance issues arise. Once the construction phase is complete, CPY will
submit to the TCEQ the required notification that the terms of the WPAP have been satisfied.
(e) Project Coordination
This task involves time for coordination with the Project Manager and Administrative Assistant to
prepare project management reports,invoices,and other administrative activities.
5. SW3P and Erosion Control
(a) Erosion control plans will be prepared for the length of project. Temporary storm water management
devices will be needed to minimize the sediment runoff during construction of this project. The
anticipated design components to be utilized on this project are silt fence,sand bags,rock filter dams,
sediment traps,and constriction exits. One temporary erosion control plan will be developed with notes
that indicate that the contractor is responsible for phasing the devices along with the construction
sequencing. Permanent erosion control measures will be included on these sheets as well.
(b) A Storm Water Pollution Prevention Plan(SW3P)will be prepared for this job in accordance with TCEQ
regulations. These sheets will consist of the TxDOT SW3P text sheets that summarize erosion control
measures.
(c) Erosion control details will be prepared for any related items that are not covered by City or TxDOT
standard details.
D. SIGNING,MARKINGS AND SIGNALIZATION
1. Signing and Pavement Markings
(a) Signing and Pavement marking layouts will be prepared at a scale of l"=100'. These layouts will depict
striping and delineator type and location,as well as MBGF location,lengths,and end treatments. Each
sign will have a corresponding number that will relate that sign to the sign summaries.
(b) Pavement marking details will be prepared for instances in which the State's signing and striping
standards do not apply,or are not appropriate.
(c) Detail sheets for small signs will be prepared for non-standard signs. This sheet is intended to show the
overall dimensions of the signs by determining letter size and spacing.
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2. Signalization
(a) It is not anticipated that traffic signals will be installed as part of this project.
E. MISCELLANEOUS ROADWAY
1. Retaining Walls
(a) It is not anticipated that retaining walls will be included as part of this project.
2. Traffic Control Plan
(a) Traffic control typical sections will be prepared for each stage of the construction sequence to clearly
delineate the position of the existing traffic with respect to the proposed construction. Temporary traffic
barriers and pavement markings will also be shown and dimensioned.
(b) The Engineer will develop overview plans for each stage of traffic control. These plans will act as key
maps for each phase of TCP and shall be developed at a 1"=400'scale.
(c) The Engineer will prepare 1"=400'plan layouts of all advance warning signs for Chisholm Trail Road
and all cross streets.
(d) A detailed narrative for the sequence of construction and traffic control general notes will be prepared
and submitted to the City for review and incorporation into the plans. The narrative will include a phase-
by-phase,step-by-step written account of the proposed activities throughout the construction process.
This is intended to be a narrative account of the activities shown in the traffic control plan layouts.
(e) Detailed traffic control plans will be prepared at a scale of 1"=100'. These plans will be developed based
on the City's approval of the conceptual plans developed at the schematic design level. This plan will
describe the maintenance of traffic and sequence of work for each phase of the proposed construction.
Detour alignments,location of work areas,temporary paving,temporary shoring,signing,barricades and
other details will be required to describe the traffic control plan. The Engineer will be required to ensure
that proper drainage can be maintained during each phase of construction.
(f) The Engineer will prepare temporary shoring profiles for temporary shoring required during construction
sequencing. These profiles will be prepared at a scale of 1"=100'H and 1"=IO'V. Existing ground and
top of shoring will be depicted on these sheets,as well as existing ground and top of shoring elevations
indicated every 50 feet.
(g) Traffic control details will be developed for items not covered by State standard drawings.
(h) An Engineer's opinion of construction schedule will be computed in order to determine an approximate
duration for each of the phases of construction. The schedule will be prepared using SureTrak.
3. Illumination
(a) The Engineer will design continuous and safety lighting along the project corridor. The lighting will be
shown on illumination layouts.
(b) The Engineer shall provide electrical circuit plans and details for the roadway lighting systems within the
project limits.
(c) The Engineer will coordinate with the City in identifying power sources,conduit runs,and will show
them on the project plans. The Engineer shall identify potential overhead utility conflicts,and coordinate
with the State and the utility company to help resolve the conflicts.
4. Quantities
Quantities will be tabulated for each of the following and as necessary to bid this project:
(a) Traffic Control(per each phase)
(b) Earthwork
(c) Roadway
(d) Removal
(e) Drainage related items including inlets,manholes and storm sewer pipes
(f) Small/Large Signs
(g) Pavement Markings
(h) Illumination
(i) Erosion Control and SW3P
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5. Summary Sheets
Quantities that are calculated will be tabulated on individual summary sheets for inclusion in the construction plans:
i
(a) Traffic Control(per each phase)
(b) Earthwork
(c) Roadway
(d) Removal
(e) Drainage related items including inlets,manholes and stone sewer pipes
(f) Small/Large Signs
(g) Pavement Markings
(h) Illumination
(i) Erosion Control and SW3P
6. Standards,Specifications and Estimate
(a) The Engineer will download the appropriate City details and TxDOT standards for the project from time
corresponding web site. Standards that require modification will be corrected and sealed by the Engineer.
All other standards will have their title blocks filled out with the applicable project data and printed for
inclusion in time final plan set.
(b) A tabulation of applicable City and TxDOT specifications,special specifications and special provisions
will be prepared for submission with the final PS&E package.
(c) The Engineer will assemble general notes as appropriate for inclusion in the plans.
(d) An opinion of probable construction cost will be prepared at the 30%,60%,90%and prior to final PS&E
submittal,and supplied to the City in Microsoft Excel format.
V. PROJECT MANAGEMENT
A. Project Management
1. Create and submit monthly invoices suitable for payment by the City.
2. Prepare monthly progress reports for submission with the monthly invoices to provide a written account of the
progress made to date on the project.
3. Meet formally once a month with the City to review project progress.
4. Prepare project meeting summaries for applicable meetings during the project development process.
5. Meet with property owners,stakeholders,and the City staff as required through the project development
process.
6. The Engineer will have internal meetings with the consultant design team every two weeks for the length of
the project. It is assumed that these meetings will include key personnel from each discipline and will be
required to discuss and resolve project issues.
7. The Engineer shall prepare and execute contracts with sub-consultants,monitor sub-consultants activities
(staff and schedule),complete monthly reports and review and recommend approval of sub-consultant
invoices.
8. The Engineer shall formally close out the project and perform a documented archive process.
VI. BID AND CONSTRUCTION SERVICES
Bid and construction phase services will be performed under a supplemental agreement once the construction
schedule for the project is determined.
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EXHIBIT C
Work Schedule
Duration Completion Date
Notice to Proceed N/A Jan 27, 2012
Initial Data Collection 7 Feb 3, 2012
Topographic/SUE Survey 24 Feb 27, 2012
Schematics 15 Mar 13,2012
City Review of Schematics 7 Mar 20, 2012
60%Plans Submittals 30 Apr 19, 2012
City Review of 60%Plans 14 May 3, 2012
90%Plans Submittals 30 Jun 2,2012
City Review of 90%Plans 14 Jun 16, 2012
100%Plans Submittal 14 Jun 30, 2012
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EXHIBIT D
Fee Schedule
For the services described under Exhibit B,we request compensation on a lump sum basis for all services.
The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours
and costs per function code are shown on the following pages.
ESTIMATE OF MAXIMUM COMPENSATION- (See attached summary)
SALARY COSTS -LUMP SUM
Project Principal 4 His. @ $70.00= $ 280.00
Project Manager 191 Hrs.@ $58.00= $ 11,078.00
Senior Engineer 372 Hrs.@ $45.00= $ 16,740.00
Design Engineer 593 Hrs.@ $39.00= $ 23,127.00
EIT 1,608 His.@ $30.00= $ 48,240.00
Chief Hydrologist 33 Hrs.@ $58.00= $ 1,914.00
Environmental Manager 22 Hrs.@ $58.00= $ 1,276.00
Senior Environmental Specialist 24 Hrs.@ $40.00= $ 960.00
Environmental Specialist 44 Hrs.@ $29.00= $ 1,276.00
Biologist 44 Hrs.@ $30.00= $ 1,320.00
GIS Specialist 32 Hrs.@ $26.00= $ 832.00
Admin/Clerical 36 Hrs.@ $22.00= $ 792.00
$ 107,835.00
SALARY COSTS $ 107,835.00
SALARY RELATED COST(165.00 %) $ 177,927.75
TOTAL LABOR COSTS $ 285,762.75
FIXED FEE(12%) $ 34,291.53
$ 320,054.28
TOTAL SALARY COSTS S 320,054.28
EXPENSES
Miscellaneous Expenses
Subtotal $ 8,565.00
Subconsultant Expenses
The Wallace Group,Inc. $ 27,900.00
SWCA $ 10,306.00
Subtotal $ 38,206.00
TOTAL EXPENSES $ 469771.00
TOTAL SALARY COSTS+EXP AMOUNT PAYABLE $ 366,825.28
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
A�a CERTIFICATE OF LIABILITY INSURANCE °Al2/8/2o"1"'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. 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).
PRODUCER CONTACT Patrick P McLaughlin
McLaughlin Brunson Insurance Agency, LLP PHONE FAX
6600 LBJ Freeway, Suite 220 (214) 503-1212 :(214) 503-8899
AWL
Dallas TX 75240 PRODUCER
CUSTOMER ID a:20359
_ INSURE S AFFORDING COVERAGE NAIC 0
INSURED 01SURERA:St. Paul Fire & Marine Ina. Co. 24767
CP&Y, Inc.
INSURERS:Hartford Casualty insurance Co. 19424
1820 Regal Row INSURERC:Travelers Lloyds ins. Company 41262
Suits 200
Dallas TX 75235 INSURERD:Travelers Indennity Cc of Conn 25682
INSURERE:XL Specialty Insurance Company 37885
INSURER F,
COVERAGES CERTIFICATE NUMBER:Cart ID 12846 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE t1DL BR POLICY NUMBER IPOLIp EFF P ICY EXP LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000 i
C X COMMERCIAL GENERAL LIABILITY Y Y PACP1951L895 6/1/2011 6/1/2012 $ 1.000,000
CLAIMS•MADEX❑OCCUR Valuable Papers MED EXP one $ 10,000
X Contractual Liab $2,245,000 PERSONAL&ADV RWRY $ 1,000,000
X Severability of Int. GENERAL AGGREGATE $ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000
POUCY X LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
D X ANl'ALlTO Y X BA3865M855 6/1/2011 6/1/20 (Ea strident)12 BODILY INJURY(Per pwson) $
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEOULEDAUTOS
PROPERTY DAMAGE $
X HIRED AUTOS (Poreedde^Q
X NON-OMEDAUTOS $
X No Owned Autos. $
A X UMBRELLA LIAO X OCCUR Y QR06503481 6/1/2011 6/1/2012 EACH OCCURRENCE $ 10,000,000
EXCESS LIAR CLAJMS,MADE AGGREGATE $ 10,000,000
DEDUCTIBLE $
RETENTION S
WORKERS COMPENSATION YIN X WC TATO OTH-
B
AND EMPLOYERV LIABILITY 46WZ2I4881 1/1/2011 1/1/2012FR
ANY PROPRIETORIPARTNERIEXECUTIVE N X E.L.EACH ACCIDENT $ 500,000
OFFICEROMEMBER EXCLUDED? NIA
(MandatoglsNH) E.L.DISEASE-EA EMPLOYEE1$ 500,000
MMdescribe Irlder
belvx E.L.DISEASE-POLICY LIMR S00,000
B Pro ese ons L a N X DPR 5 4 1 2011 4 1 2012 3,000,0!10 Par C a m
nua Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AUsch^CORD 101,Additional Renurlrs Schedule,H mare apace Is N404d)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. Thirty (30) day notice of
cancellation in favor of the certificate holden. City of Round Rock is named as additional insured
on the general liability as required by contract. A Waiver of Subrogation is shown in favor of City
of Round Rook on the Workers Com enation, 13eneral Auto & Umbrella liability coverages as
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS.
City Manager
221 East Main Street AUTHORIZED REPRESENTATIVE
Round Rock TX 78665
®1988.2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
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DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE
12/8/2011
CERTIFICATE DER: INSURE :
City of Round Rock CP&Y, Inc.
City Manager
221 Bast Hain Street 1820 Regal Row
Dallas TX 75235
Round Rock TX 78664
DESCRIPTION OF OPERATIONS CONTINUED:
required by written contract. RE: Chisholm Trail Road - RNDR1201.00
i
DOC(1012003)
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