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R-12-03-08-9D2 - 3/8/2012 RESOLUTION NO. R-12-03-08-9D2 WHEREAS,the City of Round Rock desires to retain engineering services for the IH 35 Ramp Reversals, US 79 to FM 3406 (Planning Phase)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 IH 35 Ramp Reversals, US 79 to FM 3406 (Planning Phase)Project, a copy of said contract being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: —Gpou,- SARA L. WHITE, City Clerk 0:\wdox\SCC1nts\0112\1204\MUNICIPAL\00244751.DOC/rmc EXHIBIT 'ROUND ROCK,TEXAS PURPOSE WISSIOM PROSPERITY 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: 11135 Ramn Reversals,US 79 To FM 3406(Planning Phase) THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of ,2012 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 0199.1210;00243569 00192831 TX 14RAMP 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Seivices." ARTICLE 2 ENGINEERING SERVICES Engineer shall perforin 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 Sei vices. 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/slre/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Five Hundred Eighty-Six Thousand,Nine Hundred Eighty-One and 30/100 Dollars ($586.981.30)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 frons his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later.Engineer may charge a late fee(fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials,or equipment delivered or the services performed that causes the payment to be late;or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late;or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten(10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251,V.T.C.A.,Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: John Dean Transportation Planner 2008 Enterprise Round Rock,TX 78664 Telephone Number(512)218-6617 Fax Number(512)218-5563 Email Address jdean@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: J.J.Roohms,P.E. Senior Vice President 10415 Morado Circle,Bldg I, Suite 200 Austin,TX 78759 Telephone Number(5 12)349-0700 Fax Number (512) 349-0727 Email Address jrooluns@cpyi.com cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City,or at other locations designated by City. When requested by City,such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services,including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule,or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty(30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule,shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended,and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/slie/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract,then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed.Additional compensation,if appropriate,shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project,provided that City shall comply Mth its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City,and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City.Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services funder this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 i I i ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City,or any authorized representatives of it,shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent,in writing,of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above,then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer,then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations.Engineer shall furnish City with satisfactory proof of lusher/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise,and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless fiom 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-collision. 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/slie/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 fiom 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 fiull 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 constriction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City,within twenty-four(24)hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager,City of Round Rock 221 East Main Street Round Rock,Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such fixture coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City City of Round Rock Attention: City Manager 221 East Main Street Round Rock,TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 Engineer: J.J.Roohms,P.E. Senior Vice President 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. Exceptiuig Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services fiirnished 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 fiorn opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment,approval, review, or determination of either party hereto,such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary,capricious,or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF,the City of Round Rock h caused this Contract to be signed in its corporate name by its duty authorized City Manager or Ma as Engineer,signing by and through its duly authorized representative(s), thereby binding t iereto, their successors, assigns and representatives for the faithfitl and full performance s 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, Cip Clerk CP&Y;IN,C By: I t Jncilbal Prin ne: s J. Roohms 15 LIST OF EXHIBITS ATTACHED (1)Exhibit A City Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 16 EXHIBIT A CITY SERVICES The City will furnish to the Engineer the following information and/or perform the following tasks: 1. Provide any existing data the Owner has on file concerning the project,if available. 2. Assist with the coordination of any required public involvement,attend one-on-one meetings Nvith officials, neighborhood groups, and local businesses and attend an open house, if necessary. For public meetings or hearings, schedule and reserve the meeting location and place the required advertisements. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County,neighboring Cities and/or other franchise utility companies. 4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 5. Meet on an as needed basis to answer questions,provide guidance and offer comment. 6. Provide construction inspection and construction testing services including coordination and scope of services. 7. In conjunction with the Texas Department of Transportation(TxDOT),provide the following: a) Federal Highway Administration(FHWA)coordination b) Environmental document review c) Relevant prior and/or adjacent plan sets,studies,and planning documents d) Ground Penetrating Radar(GPR)testing of existing frontage road pavement e) Review and approval of traffic volume projections f) Equivalent Single Axle Load(ESAL)calculations loft EXHIBIT B Engineering services The 11135 Ramp Reversals Project will reconstruct entrance and exit ramps on IH 35 between US 79 and FM 3406 and construct auxiliary lanes between the exit and entrance ramps on the both northbound and southbound frontage roads. Construction on the IH 35 mainlanes will also be necessary to tie the new relocated ramps into the mainlane pavement and to reconfigure the signing,striping and illumination as necessary. The precise configuration of these IH 35 improvements will be determined during the project layout design and traffic analysis process in coordination with the TxDOT Austin District. The project length along each frontage road is approximately 1.6 miles. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, traffic studies, Interstate Access Change Request (iACR), project layout development,and a draft Water Pollution Abatement Pian(WPAP)for the project. Design services related to the design and plan production for this project will be performed in accordance with (lie latest available TxDOT manuals,guidelines,and standards available on the TxDOT website. The ramp design will be based on (4R)design criteria,and the frontage road design will be based on(3R)design criteria. Plans will be prepared on 1 I"xl7" sheets per TxDOT criteria. 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. Agency abbreviations are as follows: City of Round Rock (City) , Texas Department of Transportation (TxDOT), Texas Department of Transportation Environmental Division (TxDOT-ENV), Federal Highway Administration (FWHA), Capital Area Metropolitan Planning Organization(CAMPO),Environmental Protection Agency(EPA),Texas Historical Commission(THC),National Register of Historical Places (NRHP), Federal Emergency Management Agency (FEMA), Texas Commission on Environmental Quality(TCEQ). The tasks and products are more fully described in the following TASK OUTLINE. TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION (provided by CP&I;Inc.) I. 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 perforated to review individual property locations and the impacts of the alignment to that property. 2. 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. 3. Gather and review information from TxDOT including existing TH 35 plans, project files, automated road inventory sheets, PMTS data, existing geometric conditions,existing typical sections, existing drainage facilities, existing bridge and culvert data and traffic data. Gather and review related existing and draft studies from TxDOT and the City, including feasibility, route, traffic signal, corridor, MIS/Environmental and Value Engineering studies in the project vicinity. Gather and review information from various planning documents such as the CAMPO 2035 plan,Texas Transportation Plan,Transportation Improvement Plan and the City master street/road plans impacting the project. x 4. Obtain FEMA Flood insurance maps and corresponding studies relating to the project corridor. B. ALIGNMENT STUDY (provided by CP&Y,Inc) 1. Develop three(3)alternative geometric configurations for the Northbound and Southbound frontage roads and the access ramps within the project limits to satisfy the project goals of the City and associated requirements by TxDOT. 2. Produce three(3) exhibits depicting the above geometric configurations to a detail level sufficient for City and TxDOT review. Prepare conceptual cost estimates for these configurations. I of 17 3. Conduct three(3)meetings with TxDOT and/or the City to coordinate the desired and/or required improvements and obtain concurrence for the proposed ramp locations and final design configuration of the project. C. GEOTECHNICAL INVESTIGATIONS (provided by Fugro Consultants, Inc.) 1. Soil Borings—Geotechnical and Failing Weight Deflectometer(FWD)Testing (a) Perform sixteen(16)borings spaced at approximately 1,000 feet apart along the NB and SB 1H 35 mainlane outside shoulders. Perform eight(8)borings spaced at approximately 1,000 feet apart along the NB frontage road, alternating the drilling location between the existing pavement and approximately 10' to 20' to the j inside of the pavement edge. Perform eight(8)borings spaced at approximately 1,000 feet apart along the SB frontage road,alternating the drilling location between the existing pavement and approximately 10'to 20'to the inside the pavement edge. (b) If expansive soils are encountered (PVR> 2") and a time stabilized subgrade option is desired, additional borings may be needed to comply with TxDOT pavement design requirements. Drill these borings to a minimum depth of ten (10) feet to map geology and collect PI information if soils are expansive for PVR calculation. (c) No bridge or retaining wall borings are anticipated to be needed at this time but can be performed under a supplemental agreement upon request. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. (d) Perform Falling Weight Deflectometer(FWD) non-destructive testing of existing pavements to be re-used (northbound and southbound frontage roads). 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics,including: (a) U.S.C.S.Soil Classification (b) Atterberg Limits Tests (c) Sieve Analysis (d) Soluble Sulfate Content (e) Moisture Content (f) Unconfined Compressive Strength (g) Eades and Grim(ASTM D6276)pH/lime series 3. The Engineer will coordinate with locator service to determine existing utility locations. Drilling,traffic control, and FWD testing will likely be required to be performed during nighttime hours,with police escort. 4. The Engineer will prepare a pavement design report that will present recommendations for the design of the roadway pavement sections. The pavement design will follow the criteria and guidelines in TxDOT's Pmenrent Design Guide and AASHTO's Guide for the Design of Pat-ement Structures. It is anticipated that the proposed pavement sections will consist of widening along the existing IH 35 mainlanes and frontage roads and new location access ramps. The pavement design report will include: (a) Site vicinity and geology map. (b) Generalized subsurface conditions,as well as groundwater conditions encountered during drilling operations. (c) FWD testing results and recommendations. (d) Pavement thickness design for the proposed roadway. Flexible pavement design will be analyzed using the FPS program. Rigid pavement design is not anticipated. (e) Traffic data(ESAL's)will be provided by TxDOT Austin District. D. PROJECT LAYOUT DEVELOPMENT (provided by CP&Y,Inc.and HDR Engineering,Ltc.) 1. Further develop the roadway design criteria established in the route alternative stage for the project to be discussed,revised and approved by TxDOT. This set of criteria will then be complied and documented into a design criteria spreadsheet. 2. Prepare calculated horizontal geometries for the project roadways. 3. Prepare calculated vertical geometries for the project roadways. 4. Develop existing and proposed typical sections for inclusion on project schematics. 5. Develop preliminary project layout cross sections at 100' intervals. These cross sections will be for estimation of cut and fill quantities,as well as determining retaining wall locations and heights. 6. Determine retaining wall limits for the project roadway. 2 of 17 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 proposed control of access lines for the project. 9. Develop pavement edges for the selected configuration that will be shown on the project layout. 10. Develop large guide signs for the project and depict their text and location on the project layout, including proposed wording, advance distance notification intervals and sign support structure type (large roadside or overhead). (Provided by Seller Lankes Group) 11. identify any necessary design exceptions or waivers required for the project. These instances will be recorded and reviewed with TxDOT and FHWA. It is anticipated that a design exception will be needed for a narrow inside shoulder on the IH 35 mainlanes. Prepare the necessary applications for the design exception(s). 12. Develop Engineer's opinion of probable cost for the three(3)project configurations developed above. 13. Prepare project layout plots for the project corridor. Plots will include required elements suitable for submission to the TxDOT Austin District and FHWA. The roll plot will not exceed 10' in length with a 1"=100' horizontal scale and 1"=10'vertical scale. Depict the following on theproject layout plot: (a) The horizontal alignments will show bearings in the tangent sections and curve data including delta angles,PI stations, tangent lengths, length of curve, and radii. The plan views will show the centerline, edge of pavement, striping, lane widths, shoulder widths, cross slopes, superelevations with transitions, direction of traffic flow,and layouts for speed change lanes. (b) The vertical alignment will show existing and proposed elevations at 100-foot intervals, vertical curve VPI stations,curve lengths,superelevation rates and transitions,design speeds,and"K"values. (c) The existing apparent ROW limits. (d) Anticipated retaining wall locations(if any). (e) Proposed striping and lane numbers. Small signs will not be developed at the project layout phase. (f) Current and projected traffic volumes as developed by the traffic data collection and analysis task. (g) Existing utility locations in plan emphasizing those, which are in conflict with the proposed constriction. Proposed utilities will not be shown. (h) Significant drainage strictures(existing and proposed)as determined by Hydrologic and Hydraulic report. E. TRAFFIC DATA COLLECTION,ANALYSIS AND REVIEW (provided by HDR Eiigineeri,ig,liie.) The Engineer shall perform traffic evaluations using VISSIM modeling software to determine comparative information with the existing conditions. This task shall include the preparation of traffic forecasts,operation analysis,preliminary project layout and attendance at periodic meetings(a total of four meetings assumed for budget purposes)during the course of this task. The following tasks shall be completed: 1. Coordinate with the City,State,Williamson County,CAMPO,and project team to obtain necessary information. 2. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometrics and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. 3. Conduct data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. Proposed data collection includes the following: (a) AM peak(7:00—9:00)and PM peak(4:00—6:00)period turning movement counts shall be collected at the following intersections: (i) IH 35 NBFR/Old Settlers Blvd. (ii) IH 35 SBFR/Old Settlers Blvd. (iii) Chisholm Trail Rd./Old Settlers Blvd. (iv) Mays St./Old Settlers Blvd. (v) IH 35 NBFR/US 79 (vi) IH 35 SBFR/US 79 (b) 24-hour directional traffic counts shall be collected at the following locations: (i) IH 35 SB mainlane at FM 143I/University Blvd. (ii) SB on-ramp,south of FM 1431/University Blvd. (iii) IH 35 mainland,north of ramps located north of Old Settlers Blvd.(both directions) (iv) IH 35 NBFR,north of NB off-ramp located north of Old Settlers Blvd. 3of17 (v) IH 35 SBFR,north of SB off-ramp located north of Old Settlers Blvd. (vi) NB off-ramp,north of Old Settlers Blvd. (vii) SB off-ramp,north of Old Settlers Blvd. (viii) SB off-ramp,south of Old Settlers Blvd. (ix) NB off-ramp,south of Old Settlers Blvd. (x) SB on-ramp,south of Old Settlers Blvd. (xi) IH 35 mainland,north of ramps located north of US 79(both directions) (xii) IH 35 NBFR,north of NB on-ramp located north of US 79 (xiii) IH 35 SBFR,north of SB off-ramp located north of US 79 (xiv) NB on-ramp,north of US 79 (xv) SB off-ran}p,north of US 79 (xvi) NB on-ramp,south of US 79 (xvii) SB off-ramp,south of US 79 (xviii)NB off-ramp,north of RM 620 (xix) SB on-ramp,north of RM 620 (xx) IH 35 mainland at RM 620(both directions) (xxi) 1H 35 NBFR,north of RM 620 (xxii) IH 35 SBFR,north of RM 620 (c) Travel time runs during the AM and PM peak periods along IH 35,between FM 143l/University Blvd.to RM 620,to document existing travel conditions for calibrating the VISSIM models. (d) Obtain existing traffic signal timing and phasing information from TxDOT and/or the City. 4. Utilizing available traffic projection information and counts collected as part of the study, develop existing, opening year and design year traffic volume forecasts for intersections in the study area. Review traffic forecasts with the State/Williamson County/City to obtain feedback and approval. 5. Using existing geometric and traffic volume information described herein, code the AM and PM peak hour VISSIM models to reflect transportation network configurations for existing traffic conditions. 6. Run and calibrate the VISSIM networks to reflect existing real-world traffic conditions. 7. Using the existing calibrated traffic model as the base, code AM and PM peak hour VISSIM models to reflect transportation network configurations associated with the proposed operational improvements configurations. Two(2)scenarios shall be modeled as listed below for opening year and design year traffic volume conditions: (a) No build condition (b) Build condition 8. Summarize results of the analysis in a technical memorandum and address the following for the AM and PM peak hours for years existing,opening year,and design year: (a) Comparative delay and LOS by intersections (b) LOS by merge/diverge/weave section (c) Travel time savings (d) Network Delay savings (e) Network Cost savings 9. Develop 3D animation files illustrating intersection operations with the operational improvements of the preferred alternative from the VISSIM models for use by the State. 10. Attend meetings with State staff to review study results and recommendations. As stated previously, a total of four(4)meetings have been assumed for budget purposes fur the duration of the project. 11. Interstate Access Change Request(IACR) The Engineer shall develop and submit an Interstate Access Change Request (IACR) for modifying the existing ramping scheme to accommodate proposed ramping improvements and mainlane adjustments between US 79 and FM 3406. This IACR will meet the current 8-step FHWA guidance utilizing VISSIM software for mainlane capacity analyses,weaving analyses and ramp junction analyses.For the Operational Analysis,the Engineer will: (a) Develop revised future design-year traffic projections for IH 35 from south of US 79 Road to north of FM 3406 based upon ramp volume reassignments for the proposed ramphnainlane modifications along IH 35. Traffic volumes will be provided by the City. 4of17 (b) Develop a VISSIM model simulating future design-year traffic projections and revised ramp configurations on the proposed IH 35 preferred alignment including the proposed ramping configuration. Only the PM peak period will be considered. (c) Identify any elements of the corridor with poor level of service(LOS)under these new proposed conditions. (d) Recommend operational improvements to the roadway team for geometric investigation. Identify improvements or modifications to the frontage road intersections with major cross streets considering access to adjacent properties, traffic on the frontage roads, and access to the general purpose lanes that meets the need and purpose statement. (e) Develop VISSIM analysis technical memorandum to reflect the ramp modifications between US 79 and FM 3406. (f) Develop the Interstate Access Change report discussing the modifications to the ramp configurations between US 79 and FM 3406. (g) Address and respond to comments based on City, TxDOT Austin District and Design Division or FHWA reviews. F. HYDROLOGY AND HYDRAULIC ANALYSIS (provided by HaffAssociales,Inc.) I. Preliminary Drainage Report(Project layout Phase) (a) Perform preliminary hydraulic analysis/design to determine location and sizes of major drainage structures other than the Onion Branch crossing. (b) Prepare a preliminary drainage report summarizing the findings of the above analysis. (c) Determine if any proposed drainage easements are required to adequately drain the proposed facility. 2. Onion Branch Culvert Hydrology and Hydraulic Analysis (a) Data Collection The Engineer will collect and review the existing hydrologic and hydraulic analyses for the existing culverts under IH 35 from FEMA and the City. The Engineer will conduct field investigations to observe existing channel characteristics and bridge%ulvert structures. The Engineer will assess channel and overbank roughness values using field notes and photographs. (b) Hydrology and Exterior Drainage Area Maps If existing hydrologic models cannot be found in the FEMA library or from City records,then the Engineer will define drainage area boundaries and characteristics and existing conditions hydrology for the cross- culvert.Peak runoff will be computed in accordance with the TxDOT Hydraulic Manual. (c) Hydraulics The Engineer will analyze existing and proposed conditions culvert hydraulics for cross-culvert structures within the proposed construction limits using HEC-RAS.The Engineer will summarize the relative impacts to computed water surface elevations between existing and proposed conditions.The Engineer will design the proposed improvements such that there will be no significant impacts to adjacent properties. (d) Hydraulic Data Sheets The Engineer will prepare culvert hydraulic data sheets for the crossing. (e) Hydraulic Report The Engineer will prepare preliminary and final hydraulic reports summarizing the methodology used in the hydrologic and hydraulic analyses. Results will be tabulated and presented. Preparation of FEMA applications for a Conditional Letter of Map Revision(CLOMR)and/or Letter of Map Revision(LOMR)are not anticipated and are not included in this scope of services. 3. Storm Water Detention (a) The Engineer will calculate the increase in peak discharge and runoff volume associated with the proposed improvements for the 5-year storm events in accordance with the TxDOT Hydraulic Design Manual. It is not anticipated that detention facilities will be required based on the above calculations. if it is determined that detention is required, design of those facilities will be performed through a supplemental agreement. G. WATER QUALITY (provided by HaffAssocfales,Inc.) 1. Water Pollution Abatement Plan(WPAP)Preparation 5of17 (a) Project Setup and Data Review Engineer will obtain and review 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 SWCA Environmental Consultants. (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 effective permanent BMPs 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 he infeasible, the design of a structural BMP,such as a sedin►entation/filtration pond, will be performed under a supplemental agreement. Best Management Practices will be designed according to the TCEQ's technical guidance manual Comnlving with the Edwards Aquifer Rules—Technical Guidance on Best Management Practices(RG-348, July 2005)and addenda. 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. (c) Draft WPAP Document and Coordination with TCEQ This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form(TCEQ-0587); • The Geologic Assessment Form(TCEQ-0585)(prepared by others); • Water Pollution Abatement Plan Application Form(TCEQ-0584); • Temporary Stormwater Section(TCEQ-0602); • Permanent Stormwater Section(TCEQ-0600); • Agent Authorization Form(TCEQ-0599); • Application Fee Form(TCEQ-0574); • Cote Data Form(TCEQ-10400) This task will include coordination with TxDOT and a pre-submittal consultation meeting with TCEQ. The final WPAP submittal to TCEQ will occur in the PS&E phase of this project once the limits of constriction are completely defined. II. SOCIAL,ECONOMIC&ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT Environmental Reports will be in accordance with 43 Texas Administrative Code (TAC) 2.40-2.51, Council on Environmental Quality Regulations(40 CFR 1500-1508),Code of Federal Regulations,Title 23,Part 771,the FHWA Technical Advisory T6640.8A, and Highway Design Operations and Procedures Manual, Part II-B. A Categorical Exclusion(CE)will be prepared for the proposed project. A. RIGHT-OF-ENTRY SERVICES (provided b),CP&CY,hie.) I. 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. Obtain"right-of-entry" by signed letter from the owner of each of the subject properties. Also,contact property owners in advance of field surveys or to address specific property owner concerns about the work to be performed or being performed. This scope anticipates that the City 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. Record and report results of mailings for fixture action. Landowner contacts will be recorded and provided to the Client. B. ENVIRONMENTAL CONSTRAINTS ANALYSIS (provided by CP&Y,hie.) Collect and review available environmental data to determine environmental constraints within the project study area. Conduct a field reconnaissance to update and verify accuracy of preliminary environmental constraints data. Prepare an environmental constraints map that identifies major human and natural environmental constraints. Prepare a technical memorandum describing environmental constraints. 6 of 17 1. Obtain,review,and organize existing environmental constraints data. 2. Conduct a field reconnaissance to verify the accuracy of the preliminary environmental constraints map. Identify important environmental features which are not included in the preliminary environmental constraints map. 3. Prepare a revised preliminary environmental constraints map on digital orthophotography using GIS. Major environmental features identified in the record searches will be included in the constraints map. Aerial photographic interpretation will be used to identify the remaining features in the 1,000-foot corridor. The important environmental features that will be identified in the preliminary constraints map include schools, hospitals,cemeteries, churches, potential historic and 4(t)properties, archeological sites(not for public display), potential hazardous material or contamination sites, wetlands, floodplain, and endangered and/or threatened species habitats(not for public display). 4. A technical memorandum describing environmental constraints will be prepared. The technical memorandum will include the above-mentioned items and the environmental constraints map will be included as an appendix. C. ENVIRONMENTAL STUDIES (provided by CPdY,Inc., except as noted) The required environmental document for this project is anticipated to be a Categorical Exclusion (CE). If it is determined that an Environmental Assessment is required,the additional services necessary will be provided through a supplemental agreement. 1. Project and Agency Coordination A scoping letter (early agency coordination letter) will be prepared to initiate coordination, inform interested parties about the project,and solicit comments. The letter will identify the project limits,the previous alternatives developed,known environmentally sensitive issues,and the anticipated study schedule. The letter will include a small-scale map showing the proposed project area. Both the letter and map will be submitted to the City and TxDOT for review, comment, and approval. Upon approval,the Consultant will distribute it to the agencies and representatives included in a mailing list to be provided by TxDOT. The Consultant will coordinate with TxDOT and the City throughout project development. The Consultant will coordinate with its subconsultants and review their submittals as necessary. 2. Introduction Provide a description of the project and identification of the project sponsor in the introduction to the CE. 3. Existing Facility A description of the existing facility, including number of lanes and dimensions, shoulders and dimensions, median type and dimensions, drainage type, right-of-way (ROW ) width, existing annual average daily traffic (AADT),and posted speed limit will be prepared. 4. Proposed Action A description of the proposed action, including number of lanes and dimensions, shoulders and dimensions, median type and dimensions, changes in drainage type, proposed ROW width, temporary and permanent easements,projected AADT,and proposed speed limit will be prepared. 5. Project Funding and Plannhig The following information will be included in the CE: Project description in the TIP/STIP, time frame of(lie TIP/STIP, the letting year, funding source,project cost estimate, date of the cost estimate, and estimated date of project completion. G. Need and Purpose for the Project A description of the need and purpose for the project will be prepared. The description of the need shall address the problems or unsatisfactory conditions that currently exist in the project area. The description of the purpose shall include the desired outcome of the project, including the problems the project is expected to address. The data and evidence to support the need and purpose will also be included in this section. Possible information that will form the Need and Purpose includes, but is not limited to existing roadway design elements and constraints, current and projected traffic volumes,and traffic accident data. 7. Logical Termini and Independent Utility The CE shall identify the rational end points for the project and show how the project would function without construction of an adjacent segment. 7of17 S. Description of the Alternatives The CE shall discuss the No-Build Alternative and other reasonable alternatives for detailed study, including the No-Build Alternative. The Alternatives Analysis section of the CE shall describe the characteristics of the No- Build and each of the reasonable build alternatives. The CE shalt include a brief description of desired design features that would be beneficial as a result of the proposed project. The CE will include a summary of the data utilized in the decision making matrix. This information will be utilized to identify a recommended alternative that shall be examined against the No-Build baseline throughout the Affected Environment and Environmental Consequences sections of the CE. 9. Surrounding Area (a) Land Use A general description of the project setting will be prepared, including a description of homes,businesses,and schools in the project area. (b) Natural Setting The vegetation types,watershed,and water courses in the project area will be described. 10. Areas of Environmental Concern or Affected Environment (a) Socioeconomics (i) Community Impacts The CE will include a discussion of Census data for the project area, including income and language characteristics. This section will also describe changes to community cohesion as well as access and travel patterns resulting from the proposed project. The local and regional economic impacts of the project on development, employment opportunities, accessibility, and retail sales will also be addressed. in addition,the CE will discuss the economic impact of the proposed project on established business districts,and any opportunities to minimize or reduce the impacts. The CE will also address potential economic effects upon adjacent businesses due to changes in traffic patterns during and after construction. As applicable, this task will address potential changes to local neighborhoods or communities and the effects on community cohesion relating to travel patterns, access, and public safety. (ii) Environmental Justice An assessment of the project's potential impacts on low income and minority populations will be included in the CE. The assessment will conform to FHWA's guidance for compliance with Executive Order 12898,Environmental Justice. (iii) Limited English Proficiency An assessment of the project's potential impacts on limited English proficiency populations will be included in the CE. The assessment will conform to FHWA's guidance for compliance with Executive Order 13166. (iv) Land Use The project's effects will be characterized in light of land use trends, plans, and policies within the study area. This effort will entail close coordination with local and regional planning bodies. A description of current land uses, including a land use snap of the project area,will be prepared. Land uses converted to transportation uses as a result of the proposed project will be identified,mapped,and calculated by acreage. If additional property is acquired for ROW, the zoning for such land will be identified. Potential effects on public and community facilities will also be identified and discussed. (v) Right of Way and Relocation Impacts The area of right of way and/or easement required for each affected parcel for the preferred alternative will be computed and a discussion of the potential for relocations. The CE will include the following information:an estimate of the number of households to be displaced,the availability of decent,safe, and sanitary housing in the area, neighborhoods and families having special composition which may require special relocation considerations, the measures to be taken where the existing housing inventory is insufficient,does not meet relocation standards,or is not within the financial capability of the displaces, an estimate of the numbers, descriptions, types of occupancy(owner/tenant), and size 8of17 (number of employees) of businesses and farms to be displaced, the relocation assistance services available. (vi) Bike and Pedestrian A description of provisions made to accommodate bicyclists and pedestrians will be provided. (b) Section 4(f) Section 4(f)and 6(f)properties will be identified. #a Section 4(0 evaluation is required, it will be conducted under a supplemental agreement with an additional scope of work and budget. (c) Cultural Resources (i) Historic Resources a) Prepare Research Design The Consultant will conduct a literature review to obtain data from the previous surveys, on-line databases and historical documents. Coordination will be conducted with TxDOT-ENV Historical Studies Branch staff to determine the appropriate Area of Potential Effect(APE)and to discuss the survey methods prior to initiating field surveys.The literature review will identify known properties, establish appropriate historical contexts for site evaluation,and illuminate any gaps in data or survey coverage. The results will be compiled in a research design to clarify the survey, evaluation and documentation methods,for submittal to TxDOT-ENV. b) Conduct Reconnaissance Survey Following approval of the Research Design, the Historic Resources subconsultant will conduct a reconnaissance field survey of properties within the APE that had not been previously inventoried. For buildings and structures that are 45 years old or older as of(lie letting date, the Consultant will collect written and photographic documentation of those characteristics and contextual views that support the NRNP evaluation and the assessment of effect/impacts. Work will be conducted in accordance with the TxDOT Standards of Uniforu:ity for historic standing structures and as specified in the approved research design. The deliverable for this task will be an inventory table summarizing the surveyed historic resources and a constraints map indicating the locations of potential historic properties/districts in relation to the foot print of the ultimate design project layout. c) Prepare Reconnaissance Survey Report A historic resources survey report(HRSR)will be prepared consistent with the state's requirements for reconnaissance survey reports.In addition to summarizing the information originally presented in the Research Design, the HRSR will include findings of the survey, results of additional research, recommended determinations of NRHP eligibility, and recommendations for additional intensive study, if necessary. Each surveyed resource will be included in the inventory table,survey maps on aerial base and individual photo sheets. Any intensive investigations necessary will be conducted under a separate work authorization. The deliverable for this task will be a draft report and a final report that incorporates comments provided by the Texas Historical Commission(THC)and TxDOT. d) Public Involvement The Consultant will attend two public meetings and be available to address questions from the public regarding historic properties. The Consultant will prepare displays and materials inviting comment and participation in Section 106 review consultations (36 CFR 800.2). The format and content of these materials will be determined in coordination with TxDOT-ENV historians. The deliverable for this task will be display and handout materials for the public meetings. e) Prepare CE Sections for Historic Resources Affected Environment and Environmental Consequences sections will be prepared for the CE. This text will summarize the results of the historic resources survey and describe the project impacts, if any,on NRHP-eligible or listed properties. Known Section 4(f)resources will be discussed as they relate to alternatives analysis and avoidance measures will be documented. A Section 4(f)Analysis study is not included in this scope of services. The Consultant will also prepare an analysis of the indirect impacts of project-induced development and the contribution of the proposed project to 9of17 cumulative impacts on historic resources.This indirect and cumulative impacts analysis will adhere to the TxDOT guidance on such studies as well as the best practices being developed on recent projects. The deliverable for this task will be teat files, in Microsoft Word, for incorporation into the CE document. The research design and survey reports will be produced entirely by the Consultant; the required number of copies will be delivered to the State. The Research Design will include a schedule for deliverables that corresponds to the overall project schedule and includes specific dates. Archeology (Provided by SIVU Environmental Consultants) a) Background Records Search An SWCA archaeologist will perform a review of records at the Texas Archeological Research Laboratory and the Texas Historical Commission to identify previously recorded surveys,historic or prehistoric archeological sites within the study area of the IH 35 Ramp Reversals Project. An archeologist will also review historical maps,aerial photos,topographic maps,soil survey maps and geologic maps to identify potential for unrecorded archeological sites to be present within the APE of the project. Additionally, an SWCA archaeologist will search the Texas Archeological Sites Atlas (Atlas)online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project area. In addition to identifying previously recorded archeological sites, the Atlas review will include the following types of information: NRHP properties, State Archeological Landmarks (SALs), Official Texas Historical Markers (OTHMs), Registered Texas Historic Landmarks(RTHLs),cemeteries,and local neighborhood surveys.Other critical factors that will be examined include the level of previous disturbances from residential and connnercial development,types of soils,and archaeological potential.This background research will provide site and geographic information that will be critical to the discovery and interpretation of cultural resources within the project area.The results of that search will be integrated into a NEPA document section for archeology and also an Antiquities Permit application to conduct further field studies.Tile results of the field studies will also be integrated into the appropriate NEPA document sections. b) Permit Application An SWCA archaeologist will prepare a research design as part of an Antiquities Permit application to conduct the field studies required under Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. Working with the City, SWCA's Principal Investigator will prepare the permit application and submit to TxDOT who must review and approve.Once approved,TxDOT will send on to the THC,the permitting and reviewing agency. c) Archaeological Survey Once an Antiquities permit has been obtained,SWCA will conduct an archaeological field survey of the APE. For the purposes of this proposal, several assumptions have been made regarding the fieldwork(see below).The field survey will consist of a team of SWCA archaeologists walking the proposed project area.The survey will be of sufficient intensity to determine the nature,extent,and, if possible, potential significance of any cultural resources located within the proposed project area. Subsurface explorations will be accomplished through shovel testing only. The placement and quantity of these excavations will depend on the level of disturbance within proposed project boundary and the nature of the soils,geology,and topography. If an archaeological site is encountered in the proposed project area during the investigations, it will be explored as much as possible with consideration to land access constraints. Any discovered sites will be assessed in regards to potential significance so that recommendations can be made for proper management(avoidance,non-avoidance, or further ivork).Additional subsurface investigations will be conducted per THC standards at any discovered sites to define horizontal and vertical boundaries. Appropriate State of Texas Archaeological Site Data Forms will be filled out for each site discovered during the investigations. A detailed plan map of each site will be produced and locations will be plotted on USGS 7.5 minute topographic maps and relevant project maps. Shovel Testing Shovel tests will be excavated in 20-cin arbitrary levels to 1 in in depth, or to culturally sterile deposits, whichever comes first. The matrix will be screened through '/.-inch mesh. The location of each shovel test will be plotted using a GPS receiver,and each test will be recorded on appropriate project field forms. Areas with previously recorded sites or other cultural resources revealed in the archival research will require additional shovel testing to explore the nature of the cultural deposits. 10 of 17 Conversely, heavily disturbed and modified areas in the IH-35 corridor will not be shovel tested. THC survey standards call for 16 shovel tests per mile of project area or 1 per 2-3 acres.If sites are encountered,a minimum of six shovel tests will be excavated per site.Shovel tests will be excavated to the depth of project impacts. 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. Assumptions/Considerations • The client will provide SWCA with project maps and aerials prior to the beginning of fieldwork. • SWCA assumes that an individual Antiquities permit must be obtained for the project area. • SWCA assumes that the client or its subcontractors will provide access and landowner coordination through the course of the project. • Shovel testing will be conducted per THC standards. • Any reroutes resulting from the identification of significant cultural resources or changes in engineering design plans,which subsequently will require additional fieldwork,are not part of this cost proposal. d) Report Preparation Once reviews and fieldwork have been completed, SWCA will prepare a draft report of the investigations. The archaeological report will conform to THC, NHPA, TxDOT and Council of Texas Archeologists reporting standards. It will document the general nature of the project area,the methodology used in the investigations, the presence and condition of any previously recorded sites revealed in the records review,the general nature and extent of cultural resources encountered during the archaeological survey, recommendations on the need for further work, and the potential significance of the cultural resources in regards to future development and NRNP/State Archeological Landmark status. Draft copies of the report will be submitted to the client for review and comment.Once this has been accomplished, any appropriate edits will be made and a final draft report will be submitted to TxDOT.Once both THC and TxDOT have approved the document,the Texas Antiquities Code also requires that 10 copies of the final report be submitted once the project is completed. (d) Noise and Air Quality Analyses (i) Noise Analysis A noise analysis will be prepared, including predicted noise levels and the consideration of noise mitigation,in accordance with the State's Noise Guidelines and 23 CFR 772. Noise sensitive land uses in the vicinity of the Build Alternative will be identified. Existing and predicted noise levels, using FHWA's Traffic Noise Model (TNM 2.5), will be calculated for a representative sample of noise sensitive receptors for the design year traffic conditions.The predicted design year noise levels will be compared to the existing noise levels, the FHWA Noise Abatement Criteria(NAC) and the WOT Noise Guidelines. A summary of the noise analysis will be included in the CE. If the noise analysis results in impacted receptors within the project limits,evaluation of noise abatement measures will be provided through a supplemental agreement. (ii) Air Quality Analysis An air quality analysis will be prepared in accordance with the TxDOT's Air Quality Guidelines-2006 and TxDOT's Air Quality Environmental Standards of Uniformity-201 I. The following actions and information will be included: a) A qualitative MSAT analysis will be included as part of the air quality analysis. A summary of the air quality analysis will be included in the CE. b) If a Carbon Monoxide Traffic Air Quality Analysis is required,the additional services necessary will be provided through a supplemental agreement. c) If a quantitative MSAT analysis is required, the additional services necessary will be provided through a supplemental agreement. (e) Ecological Investigations 11 of 17 i An ecology field survey and investigation to assess the project's impact on the ecological setting, soils, vegetation, wildlife, threatened and endangered species, water quality, wetlands, tioodplains, and prime farmlands will be conducted. (i) Soils A characterization of the geophysical environment of the project, including an understanding of the project area bedrock geology and subsurface strata, soils, terrain units, and surface processes, which may affect or be affected by the proposed project,will be provided. (ii) Vegetation and Wildlife A characterization of project area ecological resources, including descriptions of vegetation and wildlife habitat resources will be performed. Ecologically sensitive resources,if any,will be identified and discussed in the CE. (iii) Threatened and Endangered Species a) Habitat Assessment L Data Collection Correspondence with the U.S. Fish and Wildlife Service and Texas Parks and Wildlife Department will be initiated to determine state and federal listed species likely affected by the proposed action. Review technical databases, technical literature, and governmental publications and databases prior to conducting field surveys to identify state and federally-listed threatened, endangered, and candidate plant and animal species in the vicinity of the project area. Natural Diversity Database (NDD) data will be obtained to determine if occurrences for listed species are located within ten miles of the project. 2. Habitat Determination The habitat assessment includes a field investigation to determine whether suitable habitat exists within and adjacent to the proposed project area,taking representative photographs of the project area, and reporting findings. Protocols for determining required habitat will be performed for the federally-listed threatened,endangered,and candidate species known to occur in Williamson County. 3. Geologic Assessment and Karst Survey (Provided by SWCA Pnvirwnxental Consultants) SWCA will conduct a TCEQ Geologic Assessment and Karst Survey for the proposed project. The pedestrian survey will be conducted by walking parallel transects spaced approximately 50 feet apart and will cover the entire length of the project and locations of proposed water quality structures. Potential karst features, including depressions, holes, and animal burrows will be carefully examined for evidence of subsurface extent. A Geologic Assessment report will be prepared as per the "Instructions to Geologists for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones" as written by the TCEQ. This report is intended for inclusion in the Water Pollution Abatement Plan(WPAP). In order to comply with USFWS karst due-diligence requirements and to provide the data required for participation in the Williamson County Regional Habitat Conservation Plan(WCRHCP),the pedestrian survey will cover the footprint of the proposed project plus 345-feet where right of entry is available. The survey and additional investigations will be conducted by personnel holding a 10(a)(1)(b)scientific permit from the USFWS for conducting varying levels of karst investigation. Features identified will be investigated for their potential to be associated with karst invertebrate habitat. Methods will consist primarily of reconnaissance excavation with hand tools and will conform to current USFWS requirements. 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. This scope does not include major excavation activities, cave mapping, or endangered karst invertebrate presence/absence surveys which may be required if significant karts features are located. These services are not included at this time due to the developed nature of the area and a cursory review of geological data which indicate that the project area has a low probability of containing significant features. 12 of 17 A karst survey and habitat assessment report will be produced for submittal to USFWS and/or the Williamson County Conservation Foundation. A Registered Professional Geoscientist will also seal a karst survey report to include with WRHCP participation documents and a Geologic Assessment report to be submitted to the TCEQ with the WPAP. The report will include a literature review for known karst invertebrate habitat in the project area and it will address an emerging issue, the proposed listing of the Jollyville Plateau Salamander(Eurycea tonkawae). Current and historic locations for that species occur within two miles of the proposed project. Under this task SWCA personnel will attend meetings during the permitting process with the clients,TxDOT,USFWS,and the WCCF upon request. 4. Habitat Assessment Report (Provided by SWCA Environmental Consultants) A Habitat Assessment Report summarizing the findings of the state and federally-listed threatened, endangered, and candidate plant and animal species habitat, including the karst survey,shall be submitted to the City for its records. Presenncelabsennce surveys, Section 7 or 10 consultation, and coordination with the U.S Fish and Wildlife Service and the Williamson County Conservation Frond are not included in this scope of work if habitat for federally listed species is identified A supplemental agreement with an additional scope of work and budget will be needed if these activities are required( (iv) Migratory Birds The Migratory Bird Treaty Act(MBIA) will be addressed in the CE. Potential habitat for migratory virds and evidence of migratory birds and/or their nests will be surveyed for during field investigations.A statement explaining how the project will comply with the MBTA will be included in the CE. (v) Invasive Species and Landscaping Executive Order 13112 on Invasive Species will be addressed in the CE. Similarly, the Executive Memorandum on Beneficial Landscaping will also be adequately addressed. (vi) Water Quality Coordination will occur with the Texas Commission on Environmental Quality(TCEQ),and the U.S. Environmental Protection Agency (EPA) to collect data on surface water resources. Surface water classifications, general characteristics, and Texas Pollutant Discharge Elimination System (TPDES) discharges will be noted. A discussion of non-point discharges will also be provided. Impacts to water resources will be discussed in the CE. (vii) Wetlands Wetland determinations for each reasonable detailed study alternatives, and delineations for the preferred alternative if required,will be conducted using the three-parameter approach as outlined in the U.S. Army Corp of Engineers (USACE) Wetlands Delineation Manual (1987) and Regional Supplement to the Wetland Delineation Manual for the Great Plains Region (2010). Wetland data forms will be completed assessing hydrophytic vegetation, hydric soils, and site hydrology at each wetland. Copies of wetland data forms will be provided with the environmental document.A wetland finding will also be provided,if necessary.Preparation of an hndividual Permit or a Pre-Construction Notification (PCN) to the USACE, including preparation of Preliminmy Jurisdiction Determination Forms, is not included in this scope of work, and if required, world be completed sunder a supplemental work authorization. (viii) Floodplain Impacts National Flood Insurance Program (NFIP) maps will be used to determine whether the preferred alternative will encroach on the base(100-year)floodplain. Floodplain areas within the study area will be determined and mapped; encroachment area (in acres) will be quantified. The discussion will identify the number and extent of encroachments,potential for increased flood hazard,any support of incompatible floodplain developments, and their potential impacts. For each alternative encroaching on a designated or proposed floodway,a preliminary indication of whether the encroachment would be consistent with or would require a revision to the regulated floodway will be presented. (ix) Farmlands 13 of 17 The proposed project is within an area already dedicated to urban use, thus the requirements of the Farmland Protection Policy Act do not apply and a farmland conversion impact rating form is not required. (x) Permits An assessment will be made of the project's compliance with the Nationwide Permit Program and TxDOT will be informed if a Section 404,Section 10 permit,or a PCN will be required. #"a PCN or an indbidual Section 404 or Section 9 permit is required, it will need to be done under a supplemental agreen►ent with an additional scope of work and budget. (f) Hazardous Materials A database search and visual inspection within the existing ROW to determine existing conditions will be performed and the fundings will be summarized in the CE. TxDOT will be notified if further testing is required, based on the results of the visual inspection. Iffurrther testing is required, it will need to be done under a supplemental agreement with an additional scope of work and budget. (g) Construction impacts The CE will include a discussion of the potential construction-related impacts the preferred alternative will have on adjacent properties, roadways, traffic, utilities, emergency vehicles, environment, and other related items for this project. (h) indirect and Cumulative Impacts Based on the meeting held at TxDOT's office on January 27,2012, it is assumed that the proposed project would not require an Indirect and Cumulative Impact(ICI)Analysis.If it is determined that an ICI Analysis is required, It will need to be done under a supplemental agreement with an additional scope of work and budget. 11. Permits/Commitnients A summary of permits and environmental commitments required as a result of the proposed project will be provided. General Guidelines for Preparation of Environmental Documents (a) The environmental document prepared will be provided on paper and electronically in Microsoft Word format. (b) The environmental document will be prepared in accordance with the content and format of FHWA Technical Advisory T6640.8A. (c) Exhibits in the environmental document will be limited to I i inches by 17 inches where possible. 12. Prepare CE Document The Consultant will prepare up to six drafts of the CE document,as described below. (a) A Preliminary Draft CE will be prepared and submitted to the City for review and comment. (b) The Consultant will revise the Draft CE in response to comments received from the City. A Draft CE will be prepared and submitted to the TxDOT—Austin District for review and comment. (c) The Consultant will revise the Draft CE in response to comments received from the TxDOT—Austin District. A Draft CE will be prepared and submitted to TxDOT—ENV for review and comment. (d) The Consultant will revise the Draft CE in response to comments received from TxDOT—ENV. A Draft CE will be prepared and submitted for Agency review and comment. (e) The Consultant will revise the Draft CE in response to comments received from Agencies. A Draft CE will be prepared and submitted to FHWA for review and comment. (f) The Consultant will revise the Draft CE in response to comments received from FHWA. (g) A Final CE will be prepared and submitted to FHWA,pending an environmental decision. D. PRE-CONSTRUCTION NOTIFICATION TO THE USACE / USFWS / WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN PARTICIPATION 1. 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.I(c). 14 of 17 E. PUBLIC INVOLVEMENT (provided bJ,CP&Y,Inc.) 1. Prepare displays and exhibits for one (1)public meeting. Utilize digital orthophotography obtained fi-om aerial photogrammetry and show alignment alternatives. 2. Prepare one (1) Public Meeting notice for publishing in local papers to notify the public in advance of the established date. Notice will be published 30 days and 10 days prior to the meeting. The Engineer will not be responsible for costs associated with publishing the Public Meeting notice in the local paper. 3. Help conduct one(1)public meeting by setting up the facility,providing personnel to attend and support the open house and meeting,and assisting in the technical presentation. 4. Prepare a bound report for the public meeting to include legal notices, photographs of displays and set-ups, handouts distributed at the meeting,attendance sheets,comment sheets,comment cards, letters sent and received, public meeting summary and summary of comments.(3 hard copies and 3 electronic copies each) 5. Support the City and their representative with graphic files, information and updates to aide in their extended public involvement efforts. It is anticipated that the City will be responsible if a project website, newsletter or additional public outreach is required. If additional public hnvolvement is required, such as hidividual meetings with landowners or a Public Hearing, it frill creed to be dome larder a supplemental agreement with an additional scope ojwa k and budget. III. SURVEYING SERVICES A. PROJECT CONTROL SERVICES (provided by Inland Geodelies,LP) 1. Tile Surveyor will attempt to recover and utilize the existing IH 35 TxDOT (CSJii 0015-09-166) NAD-83/93 (EARN) NAVD 88 datum, Texas State Plane Coordinate System, Texas Central Zone aerial mapping primary control points for this project. In the case that the control has been destroyed the Client will be notified immediately. This scope and fee do not include effort to re-establish destroyed control. A Global Positioning System (GPS) and conventional land surveying methods will be used to establish additional project control if needed. These methods will also be used to perform the various tasks of this project. B. DESIGN SERVICES (provided by Inland Geodetics,LP and Baker-Aicklen&Associates,Lie.) I. The Surveyor shall generate,recover, and/or verify existing horizontal and vertical project primary control at the site,if any,and reconcile the control to known existing intersecting projects. 2. The Surveyor shall establish or 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 518"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 the project control(primary and secondary)to establish or extend vertical control for the project. 5. The project limits for surveying shall be along IH 35 from tie north edge of the Brushy Creek bridge at the south end to Hoppe Trail at the north end. The survey width will extend from ROW line to ROW line. 6. The Surveyor shall perform a topographic/design survey within file 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. In addition,the Surveyor shall survey the edge of pavement,grade breaks,and existing signs from%-utile south of US 79 to''Y2-anile north of FM 3406. 9. The Surveyor shall survey side streets within the project limits to a distance of 100' from the frontage road or far enough to establish drainage. 10. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located within the project limits. 11. The Surveyor shall process the collected information into a 1 foot contour DTM file utilizing Geopak V8i. 15 of 17 12. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of-way lines for IH 35 and intersecting roads within the limits of survey. This is not to be construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time. C. TREE SERVICES (provided by hnland Geodetics,LP) 1. The Surveyor shall locate trees that 12 inches in diameter and larger,and note the size,species and canopy area. D. GEOTECHNICAL LOCATIONS O)i-ovided by Inland Geodetics,LP) 1. The Surveyor will stake prior to boring and locate after boring 32 geotechnical locations. The Engineer is to provide the locations for the borings. E. DELIVERABLES (provided by hiland Geodetics, LP) I. The Surveyor shall provide: (a) 2D MicroStation V8 planimetric file. (b) 3D MicroStation V8 DTM file including break-lines and l foot contours. (c) Geopak V8i 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 (provided by Inland Geodelics,LP) 1. The Surveyor shall notify the client prior to performing the work if: (a) Sufficient riglit-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. G. UTILITIES (provided by The)vallate Group) 1. Subsurface Utility Engineering(SUE) (a) The project limits are approximately 1.6 miles along IH 35 from the north edge of the Brushy Creek bridge at the south end to Hoppe Trail at(lie north end. (b) The project consists of providing Quality Level(QL)-B on the existing underground utilities. QL-D and QL- C services are inclusive with the QL-B product. (c) Provide QL-B services for the various utilities noted on the site visit for preparing this scope of services with associated fees. The various utilities noted are:tivater,sanitary sewer,natural gas,telephone communications (cable and fiber optic)and electrical.This scope of services is based upon the effort to provide SUE services for these utility systems. (d) Utility services from the main utility to the right-of—way to service a lot or structure are not included within this scope of service nor the estimated utility linear footage previously shown. (e) Identify and map the existing utility facilities located on existing utility poles within the project limits. The facilities company name and contact information will be provided as part of the deliverables. (f) Definitions: (i) Quality Service Level D(QL-D)—This level of service is inclusive of QL-B and consists of collecting existing utility record information(as-built)from utility purveyors, municipalities,counties and other agency suppliers within the area of investigation. Contact the TxDOT Permit Office to obtain available records of any utility crossing IH 35 within the project limits. (ii) Quality Service Level C(QL-C)—This level of service is inclusive of QL-B and consists of surveying and obtaining accurate horizontal position of visible utility surface features associated with the project area to be designated by the Engineer. 16 of 17 (iii) Quality Service Level B (QL-B Designating Services)— Designate is to indicate, by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including, without limitations, electromagnetic, sonic, and acoustical techniques. (iv) Quality Service Level A (QL-A Locating (Test Hole) Services)— Locating services is to locate the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non-destructive to utilities. 2. The Engineer will develop a contact list of the affected utility owners in the project corridor. 3. The Engineer will contact each utility company and meet individually with them to review their assumed utility locations developed from the SUE process. 4. The Engineer will prepare scroll plots indicating researched utility locations to provide to utility companies I owners for their review and comment. 5. The Engineer(or his subconsultants) will not be responsible for any omission of utility information that is not obtainable via electromagnetic, sonic, or acoustical designating services. Non-metallic piping, inactive electric and/or communication lines may or may not be found by electromagnetic, sonic or acoustical designating practices. The Engineer(or his subconsultants) do not warrant and/or guarantee that all existing utilities will be found. IV. PROJECT MANAGEMENT A. PROJECT MANAGEMENT (provided by CPR Y,Inc.) 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. i S. Meet with property owners,stakeholders,and the City staff as required through the project development process. 6. Establish and attend periodic progress meetings(approximately once a month)with TxDOT. 7. The Engineer will have internal meetings with the consultant design team every two weeks for the length of the project. it is assumed that these meetings will include key personnel from each discipline and will be required to discuss and resolve project issues. 8. The Engineer shall prepare and execute contracts with sub-consultants, monitor sub-consultants activities (staff and schedule),complete monthly reports and review and recommend approval of sub-consultant invoices. 9. Coordinate and review subconsuitant work activities and submittals. The Engineer will review and coordinate work of sub-consultants to ensure quality products are delivered to the City. The Engineer will also be responsible for the consistency and coordination between plans developed by each sub-consultant on the design team. 10. The Engineer shall formally close out the project and perform a documented archive process. I 17 of 17 EXHIBIT C Work Schedule I Duration Completion Date Notice to Proceed N/A Mar 8,2012 Topographic/SUE Survey 30 Apr 7,2012 Alternative Configurations 45 Apr 22,2012 Project Layout 45 Jun 6,2012 Traffic Projections&Approval 60 May 7,2012 Traffic Study 45 Jun 21,2012 Draft Interstate Access Change Request 75 Sep 4,2012 IACR Review 30 Oct 4,2012 Final IACR 15 Oct 19,2012 Draft CE &TxDOT Review 60 Aug 5,2012 CE FHWA Review 45 Sep 19,2012 Final CE&Environmental Decision 30 Oct 19,2012 loft E,X MIT 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 Manager 180 Hrs.@ $61.00= $ 10,980.00 Senior Engineer 274 Hrs. a $48.00= $ 13,152.00 Design Engineer 372 Hrs.@ $39.00= $ 14,508.00 BIT 517 Hrs.@ $30.00= $ 15,510.00 Chief Hydrologist 6 Hrs.@ $58.00= $ 348.00 Environmental Manager 114 Hrs.@ $58.00= $ 6,612.00 Senior Environmental Specialist 46 His.@ $40.00= $ 1,840.00 Environmental Specialist 291 Hrs.@ $29.00= $ 8,439.00 Senior Architectural Historian 85 Hrs.@ $49.00= $ 4,165.00 Biologist 78 Hrs.@ $30.00= $ 2,340.00 GIS Specialist 164 Hes.@ $26.00= $ 4,264.00 Admin/Clerical 40 Hrs.@ $22.00= $ 880.00 $ 83,038.00 SALARY COSTS $ 83,038.00 SALARY RELATED COST(185.00 %) $ 153,620.30 TOTAL LABOR COSTS $ 236,658.30 FIXED FEE(12%) $ 28,399.00 TOTAL SALARY COSTS $ 265,057.30 EXPENSES Subtotal Direct Expenses $ 3,924.00 Subconsultant Expenses HDR Engineering $ 85,000.00 Halff Associates $ 25,000.00 Fugro Consultants $ 55,000.00 SWCA Environmental Consultants $ 18,000.00 Inland Geodetics+Baker-Aicklen&Associates $ 115,000.00 The Wallace Group,Inc. $ 20,000.00 Subtotal $ 318,000.00 TOTAL EXPENSES $ 3219924.00 TOTAL SALARY COSTS+EXP AMOUNT PAYABLE $ 586,981.30 1 of 1 EXHIBIT O Fee>Scfedule Task Description Total Cost TOTAL LABOR COSTS I.ROUTE AND DESIGN STUDIES Data Collection•Alignment,Stud Project Layout CP&Y $ 138 009.31 Traffic Data Collection&Analysis;IACR HDR E Ineadn $ 85 000.00 Hydrology&Hydraulics;Water Quality Haff!Associates $ 25 000.00 Geotechnical Services;Pavement Design Fugro Consultants $ 55,000.00 1.ROUTE 1)-0fWGN STUDIES&&folal y 303.009.31 II.SOCIAL,ECONOMIC&ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT Environmental Studies:Public Involvement CP&Y $ 82,698.34 Geologic Assessment; Karst Survey;Archeo SWCA Environmental Consultants $ 18,000.00 JqL-ECOMM/C&ENVJRONMENTAL STUDIM-AtyD PL/BLit/NVCLVEMENT$Gbh1ML s 100 698.34 III.SURVEYING SERVICES Ground Surve •Pro act Controls Inland Geodelks and Baker-AkMen&Associates $ 115 000.00 SUE;Utility Coordination The Wallace Group $ 20,000.00 Ili.SURVEYING SERVICES Subtotal $ 135.000.00 IV.PROJECT MANAGEMENT CP& $ 44,349.65 IV PR I TAM 44 349.65 SUBTOJAL LABOR EXPE 583 057.30 SUMMARY TOTAL LABOR COSTS S 583.057.30 EXPENSES $ 3,924.00 TOTAL CP&Y FE $ 265,067.30 9UBCONSULTANTS HDR Engineeringl$ 85,000.00 Half Associates $ 26,000.00 Fu ro Consultants $ 56,000.00 SWCA Environmental Consultants $ 18,000.00 _ Inland Geodelics and Baker-Aidden&Associates $ 116,000.00 The Wallace Grou $ 20,000.00 GRAND TOTAL $ 686,981.30 Page 1 of 2 EXHIBIT:D. Fee,Schedule Expense Item Unit Unit.Cost Amount Total Cost CADD.Plottin _ of. ... $.. 1:50; 1200 $-- .' 1,fl00:00` M, ar P,lofs if $: 8:00, Di'ital:Orlho.,Plottin' If. ;2:00. 100 $ - 200:00'. A.W. $ t:1"X17"M lar.- :. sheet, , .$: 01 ",X 1:1,".B/V11P-e . r Co ies. ;8leet,. ,$' 0:10' 1.500 $ 150 00 1:1"'XS17"8NV.Pa.,r.:Co les: ahe'et; $ 0:15 600, :$ 90;Q0`,' 8`172"•X`11'Color_Pa er'Co fes, sheet: $': 1.00- 200 ;$- '200100' .1Z":ColorT . r.O les 3.80;00: Film andDevelo ment.... ialh $ 8:00: >$; OversizedD ital"ColorPrints. ;_StandardP..osta a . ; : letter $' 0:44 150 '$: 22100 Ex`ress;:Mail Standard; ddbK' $; :15:00. 12. .$. : 1.80:00: "'ressMail Oversized . each. ;$ 30.W]' 10 D'eliverie'sr; 2- :>eadh $' 5:00: Airfare `each, RentalSC -da' da $_ .,85:00: Milea a anile $ 0.550. 240.. .$: 1:32 00 GPSRentai ::da .. . $ 80:000` :'3 }$ ;2.40:00' HkMat:Database_'Search :each .: .$ 250'000` 4 :.$ 250'100 Miscelianaous ProactRelated.Ex"erases: : . NA,NkJ ccost; NA{$' SUBTOTAL DIRECT EXPENSES $ 3,824-0 i Page 2 of 2 EXHIBIT E Certificates of Insurance Attached Behind This Page c Ro v® CERTIFICATE OF LIABILITY INSURANCE DATE DDIYYYY) 2/9/2012 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(ies)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 tMV McLaughlin Brunson Insurance Agency, LLP NAME. Patrick P MoLau Klin 6600 LBJ Freeway PHONE EXII (214) 503-1212 Suite 220 L N •(214) 503-8899 Dallas TX 75240 INSURER(S)AFFORDING COVERAGE MAIC! INSURED INSURERA:XL Specialty Insurance Company 37885 CP&Y, Inc. INSURER B:Travelers Lloyds Ina. Com an 41262 1820 Regal Row INSURER C:St. Paul Fire & Marine Ina. Co. 24767 Ste 200 INSURER D:Travelers Indemnity Cc of CT 25682 Dallas TX 75235 INSURER E:Hartford Casualty Insurance Co. 19424 INSURER F• COVERAGES CERTIFICATE NUMBER:cert ID 13281 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. ILS TYPE OF INSURANCE 0WVD POLICY NUMBER MO EFF MMLI D P LIMITS LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY Y Y PACP1951LS95 6/1/2011 6/1/2012DAMAGE TO ERENTED a S 1,000,000 CLAIMS-MADE ❑X OCCUR Valuable Papers MED EXP W oneperson) S 10,000 X Contractual Liab $2,245,000 PERSONAL&ADV INJURY $ 1,000 000 X Severability Of Int. GENERAL AGGREGATE S 2,000 000 GENtA(BORECiATELIMITAPPUE3PER PRODUCTS-COMP/OPAGG S 2,000,000 POLICY X PE RO• LOC $ AUTOMOBILE LIABILITY COWEI S IT J90.113; 6 1,000,000 D X ANYAUTO Y Y DA3865MOSS 6/1/2011 6/1/2012 BODILY INJURY(Per person) S ALLOWNEO SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S HIREDAUTOS � O PROPERTY GE S S C X UMBRELLAUAB )( OCCUR y y QK06503481 6/1/2021 6/1/2012 -EACH OCCURRENCE $ 10,000,000 EXCESS LIAR �gI13 LSE AGGREGATE $ 10,000,000 DEO RETENTIONS $ B WORKERS COMPENSATION X WC STATU I IOTII- ANDEMPLOYERVLIABILITY YIN Y 46"Z14881 1/1/2012 1/l/2013 ANY PROPRIETORIPARTNERIEXECImVE OFFICERIMEMBEREXCLUDED? HIA E.L.EACH ACCIDENT S 500,000 Wyass.de bouIn nd E.L.DISEASE-EA EMPLOYE $ 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY IIMIT S 5001000 A Professional Liab N Y DPR9693504 4/1/2011 4/1/2012 Per Claim/Annual $ 3,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Amore space is required) 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 on all policies. City of Round Rock is named an additional insured on the general liability as required by contract. A Waiver of Subrogation is shown in favor of City of Round Rock on the Workers Compensation, General Auto a Umbrella liability coverages as required by written contract. R81 IH 35 Ramp Reversals project (RNDR1202.00) 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 786641 ®1988 2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 1ROUNDR20% EUS City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERITI: Agenda Item No. 9D2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering services with CP&Y, Inc.for the IH 35 Ramp Reversals, US 79 to FM 3406 (Planning Phase) Agenda Caption: Project. Meeting Date: March 8, 2012 Department: Transportation Staff Person making presentation: Gary Hudder Transportation Director Item Summary: Interstate Highway 35 (IH-35) in Round Rock serves as the spine of our transportation system. Access to and from IH-35, as well as crossing IH-35, can have significant impacts on the entire roadway network. In addition, IH-35 serves as access for some of the most viable commercial real estate in our community, due to the large volumes of traffic on this road each day. For these reasons, IH-35 was ranked as the number one transportation problem in our community in the recently approved 5 Year Capital Improvement Plan (CIP). This contract with CP&Y, Inc., will undertake the first project in the 5 year CIP, which includes the reversals of the entrance and exit ramps on IH-35 and the addition of an auxiliary lane on the frontage road between FM 3406 and US 79. This work will have many benefits: it will significantly improve access to the numerous commercial properties along the frontage road; it will reduce congestion at the intersections by allowing traffic to by-pass the intersection via the interstate main-lanes; and it will eliminate a bottleneck on the IH-35 northbound main lanes at US 79. Work to be performed under this contract will consist of all environmental documents and all items necessary to obtain federal and state approval for this project. After this work is completed, a supplemental contract will be brought forward to complete the design and proceed to the construction phase of this project. This initial contract is in the amount of$587,000. Cost: $587,000 Source of Funds: Type B Corporation Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW II J!OUND RUCK,TEXAS POSE PASSION PROM= 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: 11135 Ramp Reversals,US 79 To FM 3406(Planning Phase) THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the fiA day of ,2012 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 0199.1210;00243569 00192831 TX 14RAMP 1 `i 5 AV2, f 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 I CITY SERVICES i I City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates,that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Five Hundred Eighty-Six Thousand,Nine Hundred Eighty-One and 30/100 Dollars ($586,981.30 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 earncd 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 fiom his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later.Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late;or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late;or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251,V.T.C.A.,Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: John Dean Transportation Planner 2008 Enterprise Round Rock,TX 78664 Telephone Number(512)218-6617 Fax Number(512)218-5563 Email Address jdean@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: J.J. Roohms,P.E. Senior Vice President 10415 Morado Circle, Bldg I, Suite 200 Austin,TX 78759 Telephone Number(5 12)349-0700 Fax Number (512)349-0727 Email Address jrooluns@cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City,or at other locations designated by City. When requested by City,such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty(30) days,Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended,and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2)the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation,if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 I i City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City,and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 E I 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 acid 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 TERMSBREACH 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 fiilfilI its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above,then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30)days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer,then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall fixther obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 E I 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 11 otherwise acceptable to City. Engineer shall also notify City,within twenty-four(24)hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the terns of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock,Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in pant, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City City of Round Rock Attention: City Manager 221 East Main Street Round Rock,TX 78664 13 I and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock,TX 78664 Engineer: J.J. Roohms,P.E. Senior Vice President 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 warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. i (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment,approval, review,or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval,review, or determination to be arbitrary,capricious,or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer,signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY O UND ROCK, TEXAS A :1 ED A TRM: By: Alan McGraw, ayor Stephan . Sheets, City Attorney ATTEST: By: Sara L.White, Ci Clerk CP&Y) Rf C By: --'f J I inc al Prin ne: s J. Roohms 15 F I LIST OF EXHIBITS ATTACHED i i (1) Exhibit A City Services (2)Exhibit B Engineering Services (3)Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 16 EXHIBIT A CITY SERVICES The City will furnish to the Engineer the following information and/or perform the following tasks: I. 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. For public meetings or hearings, schedule and reserve the meeting location and place the required advertisements. 3. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County,neighboring Cities and/or other franchise utility companies. 4. Give prompt written notice to Engineer whenever the Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 5. Meet on an as needed basis to answer questions,provide guidance and offer comment. 6. Provide construction inspection and construction testing services including coordination and scope of services. 7. In conjunction with the Texas Department of Transportation(TxDOT),provide the following: a) Federal Highway Administration(FHWA)coordination b) Environmental document review c) Relevant prior and/or adjacent plan sets,studies,and planning documents d) Ground Penetrating Radar(GPR)testing of existing frontage road pavement e) Review and approval of traffic volume projections f) Equivalent Single Axle Load(ESAL)calculations 1ofI EXHIBIT B Engineering services The IH 35 Ramp Reversals Project will reconstruct entrance and exit ramps on IH 35 between US 79 and FM 3406 and construct auxiliary lanes between the exit and entrance ramps on the both northbound and southbound frontage roads. Construction on the IH 35 mainlanes will also be necessary to tie the new relocated ramps into the mainlane pavement and to reconfigure the signing, striping and illumination as necessary. The precise configuration of these IH 35 improvements will be determined during the project layout design and traffic analysis process in coordination with the TxDOT Austin District. The project length along each frontage road is approximately 1.6 miles. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, traffic studies, Interstate Access Change Request (IACR), project layout development,and a draft Water Pollution Abatement Plan(WPAP)for the project. Design services related to the design and plan production for this project will be performed in accordance with the latest available TxDOT manuals, guidelines,and standards available on the TxDOT website. The ramp design will be based on (411)design criteria,and the frontage road design will be based on(311)design criteria. Plans will be prepared on 1 I"x17" sheets per TxDOT criteria. 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. Agency abbreviations are as follows: City of Round Rock (City) , Texas Department of Transportation (TxDOT), Texas Department of Transportation Environmental Division (TxDOT-ENV), Federal Highway Administration (FWHA), Capital Area Metropolitan Planning Organization(CAMPO),Environmental Protection Agency(EPA),Texas Historical Commission(THC),National Register of Historical Places (NRHP), Federal Emergency Management Agency (FEMA), Texas Commission on Environmental Quality(TCEQ). The tasks and products are more frilly described in the following TASK OUTLINE. TASK OUTLINE I. ROUTE AND DESIGN STUDIES A. DATA COLLECTION (provided by CP&Y,hie.) I. 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. 2. 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. 3. Gather and review information from TxDOT including existing IH 35 plans, project files, automated road inventory sheets, PMIS data, existing geometric conditions,existing typical sections,existing drainage facilities, existing bridge and culvert data and traffic data. Gather and review related existing and draft studies from TxDOT and the City, including feasibility, route, traffic signal, corridor, MIS/Environmental and Value Engineering studies in the project vicinity. Gather and review information from various planning documents such as the CAMPO 2035 plan,Texas Transportation Plan,Transportation Improvement Plan and the City master street/road plans impacting the project. 4. Obtain FEMA Flood insurance maps and corresponding studies relating to the project corridor. B. ALIGNMENT STUDY (provided by CP&Y,bic) 1. Develop three(3)alternative geometric configurations for the Northbound and Southbound frontage roads and the access ramps within the project limits to satisfy the project goals of the City and associated requirements by TxDOT. 2. Produce three (3) exhibits depicting the above geometric configurations to a detail level sufficient for City and TxDOT review. Prepare conceptual cost estimates for these configurations. I of I7 3. Conduct three(3)meetings with TxDOT and/or the City to coordinate the desired and/or required improvements and obtain concurrence for the proposed ramp locations and final design configuration of the project. C. GEOTECHNICAL INVESTIGATIONS (provided by Fugro Consultants, Inc.) 1. Soil Borings—Geotechnical and Falling Weight Deflectometer(FWD)Testing (a) Perform sixteen(16)borings spaced at approximately 1,000 feet apart along the NB and SB IH 35 mainlane outside shoulders. Perform eight(8)borings spaced at approximately 1,000 feet apart along the NB frontage road, alternating the drilling location between the existing pavement and approximately 10' to 20' to the inside of the pavement edge. Perform eight(8)borings spaced at approximately 1,000 feet apart along the SB frontage road,alternating the drilling location between the existing pavement and approximately 10'to 20' to the inside the pavement edge. (b) If expansive soils are encountered (PVR> 2") and a lime stabilized subgrade option is desired, additional borings may be needed to comply with TxDOT pavement design requirements. Drill these borings to a minimum depth of ten (10) feet to map geology and collect PI information if soils are expansive for PVR calculation. (c) No bridge or retaining wall borings are anticipated to be needed at this time but can be performed under a supplemental agreement upon request. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. (d) Perform Falling Weight Deflectometer (FWD) non-destructive testing of existing pavements to be re-used (northbound and southbound frontage roads). 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics,including: (a) U.S.C.S.Soil Classification (b) Atterberg Limits Tests (c) Sieve Analysis (d) Soluble Sulfate Content (e) Moisture Content (f) Unconfined Compressive Strength (g) Eades and Grim(ASTM D6276)pH/lime series 3. The Engineer will coordinate with locator service to determine existing utility locations. Drilling,traffic control, and FWD testing will likely be required to be performed during nighttime hours,with police escort. 4. The Engineer will prepare a pavement design report that will present recommendations for the design of the roadway pavement sections. The pavement design will follow the criteria and guidelines in TxDOT's Pm�enrent Design Guide and AASHTO's Guide for the Design of Pcn�ement.Structures. it is anticipated that the proposed pavement sections will consist of widening along the existing IH 35 mainlanes and frontage roads and new location access ramps. The pavement design report will include: (a) Site vicinity and geology map. (b) Generalized subsurface conditions,as well as groundwater conditions encountered during drilling operations. (c) FWD testing results and recommendations. (d) Pavement thickness design for the proposed roadway. Flexible pavement design will be analyzed using the FPS program. Rigid pavement design is not anticipated. (e) Traffic data(ESAL's)will be provided by TxDOT Austin District. D. PROJECT LAYOUT DEVELOPMENT (provided by CPB Y, Inc. and HDR Engineering,Mc.) 1. Further develop the roadway design criteria established in the route alternative stage for the project to be discussed, revised and approved by TxDOT. This set of criteria will then be complied and documented into a design criteria spreadsheet. 2. Prepare calculated horizontal geometrics for the project roadways. 3. Prepare calculated vertical geometrics for the project roadways. 4. Develop existing and proposed typical sections for inclusion on project schematics. 5. Develop preliminary project layout cross sections at 100' intervals. These cross sections will be for estimation of cut and fill quantities,as well as determining retaining wall locations and heights. 6. Determine retaining wall limits for the project roadway. 2 of 17 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 proposed control of access lines for the project. 9. Develop pavement edges for the selected configuration that will be shown on the project layout. 10. Develop large guide signs for the project and depict their text and location on the project layout, including proposed wording, advance distance notification intervals and sign support structure type (large roadside or overhead). (Provided by Seiler Lankes Group) 11. Identify any necessary design exceptions or waivers required for the project. These instances will be recorded and reviewed with TxDOT and FHWA. It is anticipated that a design exception will be needed for a narrow inside shoulder on the IH 35 mainlanes. Prepare the necessary applications for the design exception(s). 12. Develop Engineer's opinion of probable cost for the three(3)project configurations developed above. I3. Prepare project layout plots for the project corridor. Plots will include required elements suitable for submission to the TxDOT Austin District and FHWA. The roll plot will not exceed 10' in length with a 1"=100' horizontal scale and 1"=I0'vertical scale. Depict the following on the project layout plot: (a) The horizontal alignments will show bearings in the tangent sections and curve data including delta angles,PI stations, tangent lengths, length of curve, and radii. The plan views will show the centerline, edge of pavement, striping, lane widths, shoulder widths, cross slopes, superelevations with transitions, direction of traffic flow,and layouts for speed change lanes. (b) The vertical alignment will show existing and proposed elevations at 100-foot intervals, vertical curve VPI stations,curve lengths,superelevation rates and transitions,design speeds,and"K"values. (c) The existing apparent ROW limits. (d) Anticipated retaining wall locations(if any). (e) Proposed striping and lane numbers. Small signs will not be developed at the project layout phase. (f) Current and projected traffic volumes as developed by the traffic data collection and analysis task. (g) Existing utility Iocations in plan emphasizing those, which are in conflict with the proposed construction. Proposed utilities will not be shown. (h) Significant drainage structures(existing and proposed)as determined by Hydrologic and Hydraulic report. E. TRAFFIC DATA COLLECTION,ANALYSIS AND REVIEW (provided by HDR Eitgiireer-nrg,l►tc.) The Engineer shall perform traffic evaluations using VISSIM modeling software to determine comparative information with the existing conditions. This task shall include the preparation of traffic forecasts,operation analysis,preliminary project layout and attendance at periodic meetings(a total of four meetings assumed for budget purposes)during the course of this task. The following tasks shall be completed: 1. Coordinate with the City, State,Williamson County,CAMPO,and project team to obtain necessary information. 2. Conduct a field review of the existing roadways, within the study area limits, to note and verify lane configurations, speeds, roadway geometrics and observe existing traffic operations on the study area network to note operational problems and existing traffic patterns. 3. Conduct data collection to consist of peak hour and daily traffic volumes to document existing traffic demand and patterns in the area immediately impacted by the project. Proposed data collection includes the following: (a) AM peak(7:00—9:00)and PM peak(4:00—6:00)period turning movement counts shall be collected at the following intersections: (i) IH 35 NBFR/Old Settlers Blvd. (ii) IH 35 SBFR/Old Settlers Blvd. (iii) Chisholm Trail Rd./Old Settlers Blvd. (iv) Mays St./Old Settlers Blvd. (v) 1H 35 NBFR/US 79 (vi) IH 35 SBFR/US 79 (b) 24-hour directional traffic counts shall be collected at the following locations: (i) IH 35 SB mainlane at FM 1431/University Blvd. (ii) SB on-ramp,south of FM 1431/University Blvd. (iii) IH 35 mainland,north of ramps located north of Old Settlers Blvd.(both directions) (iv) IH 35 NBFR,north of NB ofd ramp located north of Old Settlers Blvd. 3of17 (v) IH 35 SBFR,north of SB off-ramp located north of Old Settlers Blvd. (vi) NB ofd ramp,north of Old Settlers Blvd. (vii) SB off-ramp,north of Old Settlers Blvd. (viii) SB off-ramp,south of Old Settlers Blvd. (ix) NB off-ramp,south of Old Settlers BIvd. (x) SB on-ramp,south of Old Settlers Blvd. (xi) IH 35 mainland,north of ramps located north of US 79(both directions) (xii) IH 35 NBFR,north of NB on-ramp located north of US 79 (xiii) IH 35 SBFR,north of SB off-ramp located north of US 79 (xiv) NB on-ramp,north of US 79 (xv) SB off-ramp,north of US 79 (xvi) NB on-ramp,south of US 79 (xvii) SB off-ramp,south of US 79 (xviii) NB of-ramp,north of RM 620 (xix) SB on-ramp,north of RM 620 (xx) IH 35 mainland at RM 620(both directions) (xxi) IH 35 NBFR,north of RM 620 (xxii) IH 35 SBFR,north of RM 620 (c) Travel time runs during the AM and PM peak periods along IH 35,between FM 1431/University Blvd.to RM 620,to document existing travel conditions for calibrating the VISSIM models. (d) Obtain existing traffic signal timing and phasing information from TxDOT and/or the City. 4. Utilizing available traffic projection information and counts collected as part of the study, develop existing, opening year and design year traffic volume forecasts for intersections in the study area. Review traffic forecasts with the State/Williamson County/City to obtain feedback and approval. 5. Using existing geometric and traffic volume information described herein, code the AM and PM peak hour VISSIM models to reflect transportation network configurations for existing traffic conditions. 6. Run and calibrate the VISSIM networks to reflect existing real-world traffic conditions. 7. Using the existing calibrated traffic model as the base, code AM and PM peak hour VISSIM models to reflect transportation network configurations associated with the proposed operational improvements configurations. Two(2)scenarios shall be modeled as listed below for opening year and design year traffic volume conditions: (a) No build condition (b) Build condition 8. Summarize results of the analysis in a technical memorandum and address the following for the AM and PM peak hours for years existing,opening year,and design year: (a) Comparative delay and LOS by intersections (b) LOS by merge/diverge/weave section (c) Travel time savings (d) Network Delay savings (e) Network Cost savings 9. Develop 3D animation files illustrating intersection operations with the operational improvements of the preferred alternative from the VISSIM models for use by the State. 10. Attend meetings with State staff to review study results and recommendations. As stated previously, a total of four(4)meetings have been assumed for budget purposes for the duration of the project. IL Interstate Access Change Request(IACR) The Engineer shall develop and submit an Interstate Access Change Request (IACR) for modifying the existing ramping scheme to accommodate proposed ramping improvements and mainlane adjustments between US 79 and FM 3406. This IACR will meet the current 8-step FHWA guidance utilizing VISSIM software for mainlane capacity analyses,weaving analyses and ramp junction analyses.For the Operational Analysis,the Engineer will: (a) Develop revised future design-year traffic projections for 1H 35 from south of US 79 Road to north of FM 3406 based upon ramp volume reassignments for the proposed ramp/mainlane modifications along IH 35. Traffic volumes will be provided by the City. 4of17 (b) Develop a VISSIM model simulating future design-year traffic projections and revised ramp configurations on the proposed IH 35 preferred alignment including the proposed ramping configuration, Only the PM peak period will be considered. (c) Identify any elements of the corridor with poor level of service(LOS)under these new proposed conditions. (d) Recommend operational improvements to the roadway team for geometric investigation. Identify improvements or modifications to the frontage road intersections with major cross streets considering access to adjacent properties, traffic on the frontage roads, and access to the general purpose lanes that meets the need and purpose statement. (c) Develop VISSIM analysis technical memorandum to reflect the ramp modifications between US 79 and FM 3406. (f) Develop the Interstate Access Change report discussing the modifications to the ramp configurations between US 79 and FM 3406. (g) Address and respond to comments based on City, TxDOT Austin District and Design Division or FHWA reviews. F. HYDROLOGY AND HYDRAULIC ANALYSIS (provided by HaffAssociates, Inc.) I. Preliminary Drainage Report(Project layout Phase) (a) Perform preliminary hydraulic analysis/design to determine location and sizes of major drainage structures other than the Onion Branch crossing. (b) Prepare a preliminary drainage report summarizing the findings of the above analysis. (c) Determine if any proposed drainage easements are required to adequately drain the proposed facility. 2. Onion Branch Culvert Hydrology and Hydraulic Analysis (a) Data Collection The Engineer will collect and review the existing hydrologic and hydraulic analyses for the existing culverts under IH 35 from FEMA and the City. The Engineer will conduct field investigations to observe existing channel characteristics and bridge/culvert structures. The Engineer will assess channel and overbank roughness values using field notes and photographs. (b) Hydrology and Exterior Drainage Area Maps If existing hydrologic models cannot be found in the FEMA library or from City records,then the Engineer will define drainage area boundaries and characteristics and existing conditions hydrology for the cross- culvert.Peak runoff will be computed in accordance with the TxDOT Hydraulic Manual. (c) Hydraulics The Engineer will analyze existing and proposed conditions culvert hydraulics for cross-culvert structures within the proposed construction Iimits using HEC-RAS.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) Hydraulic Data Sheets The Engineer will prepare culvert hydraulic data sheets for the crossing. (e) Hydraulic Report The Engineer will prepare preliminary and final hydraulic reports summarizing the methodology used in the hydrologic and hydraulic analyses. Results will be tabulated and presented. Preparation of FEMA applications for a Conditional Letter of Map Revision(CLOMR)and/or Letter of Map Revision(LOMR)are not anticipated and are not included in this scope of services. 3. Storm Water Detention (a) The Engineer will calculate the increase in peak discharge and runoff volume associated with the proposed improvements for the 5-year storm events in accordance with the TxDOT Hydraulic Design Manual. It is not anticipated that detention facilities will be required based on the above calculations. If it is determined that detention is required, design of those facilities will be performed through a supplemental agreement. G. WATER QUALITY (provided by HaffAssociales,Inc.) 1. Water Pollution Abatement Plan(WPAP)Preparation 5of17 (a) Project Setup and Data Review Engineer will obtain and review 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 SWCA Environmental Consultants. (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 effective permanent BMPs 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—Technical Guidance on Best Management Practices(RG-348, July 2005)and addenda. 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. (c) Draft WPAP Document and Coordination with TCEQ This task includes the completion of the Water Pollution Abatement Plan (WPAP) application forms for submittal to TCEQ including the following: • General Information Form(TCEQ-0587); • The Geologic Assessment Form(TCEQ-0585)(prepared by others); • Water Pollution Abatement Plan Application Form(TCEQ-0584); • Temporary Stormwater Section(TCEQ-0602); • Permanent Stormwater Section(TCEQ-0600); • Agent Authorization Form(TCEQ-0599); • Application Fee Form(TCEQ-0574); • Core Data Form(TCEQ-10400) This task will include coordination with TxDOT and a pre-submittal consultation meeting with TCEQ. The final WPAP submittal to TCEQ will occur in the PS&E phase of this project once the limits of construction are completely defined. II. SOCIAL,ECONOMIC&ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT Environmental Reports will be in accordance with 43 Texas Administrative Code (TAC) 2.40-2.51, Council on Environmental Quality Regulations(40 CFR 1500-1508),Code of Federal Regulations,Title 23,Part 771,the FHWA Technical Advisory T6640.8A, and Highway Design Operations and Procedures Manual, Part II-B. A Categorical Exclusion(CE)will be prepared for the proposed project. A. RIGHT-OF-ENTRY SERVICES (provided by CP&Y,Inc.) I. 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. Obtain"right-of-entry" by signed letter from the owner of each of the subject properties. Also, contact property owners in advance of field surveys or to address specific property owner concerns about the work to be performed or being performed. This scope anticipates that the City 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. Record and report results of mailings for future action. Landowner contacts will be recorded and provided to the Client. B. ENVIRONMENTAL CONSTRAINTS ANALYSIS (provided by CPdY,Inc.) Collect and review available environmental data to determine environmental constraints within the project study area. Conduct a field reconnaissance to update and verify accuracy of preliminary environmental constraints data. Prepare an environmental constraints map that identifies major human and natural environmental constraints. Prepare a technical memorandum describing environmental constraints. 6 of 17 1. Obtain,review,and organize existing environmental constraints data. 2. Conduct a field reconnaissance to verify the accuracy of the preliminary environmental constraints map. Identify important environmental features which are not included in the preliminary environmental constraints map. 3. Prepare a revised preliminary environmental constraints map on digital orthophotography using GIS. Major environmental features identified in the record searches will be included in the constraints map. Aerial photographic interpretation will be used to identify the remaining features in the 1,000-foot corridor. The important environmental features that will be identified in the preliminary constraints map include schools, hospitals,cemeteries, churches, potential historic and 4(f)properties, archeological sites(not for public display), potential hazardous material or contamination sites, wetlands, floodplain, and endangered and/or threatened species habitats(not for public display). 4. A technical memorandum describing environmental constraints will be prepared. The technical memorandum will include the above-mentioned items and the environmental constraints map will be included as an appendix. C. ENVIRONMENTAL STUDIES (provided by CP$Y, Inc., except as noted) The required environmental document for this project is anticipated to be a Categorical Exclusion (CE). If it is determined that an Environmental Assessment is required,the additional services necessary will be provided through a supplemental agreement. I. Project and Agency Coordination A scoping letter (early agency coordination letter) will be prepared to initiate coordination, inform interested parties about the project,and solicit comments. The letter will identify the project limits,the previous alternatives developed,known environmentally sensitive issues, and the anticipated study schedule. The letter will include a small-scale map showing the proposed project area. Both the letter and map will be submitted to the City and TxDOT for review, comment, and approval. Upon approval,the Consultant will distribute it to the agencies and representatives included in a mailing list to be provided by TxDOT. The Consultant will coordinate with TxDOT and the City throughout project development. The Consultant will coordinate with its subconsultants and review their submittals as necessary. 2. Introduction Provide a description of the project and identification of the project sponsor in the introduction to the CE. 3. Existing Facility A description of the existing facility, including number of lanes and dimensions, shoulders and dimensions, median type and dimensions, drainage type, right-of-way (ROW ) width, existing annual average daily traffic (AADT),and posted speed limit will be prepared. 4. Proposed Action A description of the proposed action, including number of lanes and dimensions, shoulders and dimensions, median type and dimensions, changes in drainage type, proposed ROW width, temporary and permanent easements,projected AADT,and proposed speed limit will be prepared. S. Project Funding and Planning The following information will be included in the CE: Project description in the TIP/STIP, time frame of the TIP/STIP, the letting year, funding source,project cost estimate, date of the cost estimate, and estimated date of project completion. 6. Need and Purpose for the Project A description of the need and purpose for the project will be prepared. The description of the need shall address the problems or unsatisfactory conditions that currently exist in the project area. The description of the purpose shall include the desired outcome of the project, including the problems the project is expected to address. The data and evidence to support the need and purpose will also be included in this section. Possible information that will form the Need and Purpose includes,but is not limited to existing roadway design elements and constraints, current and projected traffic volumes,and traffic accident data. 7. Logical Termini and Independent Utility The CE shall identify the rational end points for the project and show how the project would function without construction of an adjacent segment. 7of17 S. Description of the Alternatives The CE shall discuss the No-Build Alternative and other reasonable alternatives for detailed study, including the No-Build Alternative. The Alternatives Analysis section of the CE shall describe the characteristics of the No- Build and each of the reasonable build alternatives. The CE shall include a brief description of desired design features that would be beneficial as a result of the proposed project. The CE will include a summary of the data utilized in the decision making matrix. This information will be utilized to identify a recommended alternative that shall be examined against the No-Build baseline throughout the Affected Environment and Environmental Consequences sections of the CE. 9. Surrounding Area (a) Land Use A general description of the project setting will be prepared, including a description of homes,businesses,and schools in the project area. (b) Natural Setting The vegetation types,watershed,and water courses in the project area will be described. 10. Areas of Environmental Concern or Affected Environment (a) Socioeconomics (i) Community Impacts The CE will include a discussion of Census data for the project area, including income and language characteristics. This section will also describe changes to community cohesion as well as access and travel patterns resulting from the proposed project. The local and regional economic impacts of the project on development, employment opportunities, accessibility, and retail sales will also be addressed. In addition,the CE will discuss the economic impact of the proposed project on established business districts,and any opportunities to minimize or reduce the impacts. The CE will also address potential economic effects upon adjacent businesses due to changes in traffic patterns during and after construction. As applicable, this task will address potential changes to local neighborhoods or communities and the effects on community cohesion relating to travel patterns, access, and public safety. (ii) Environmental Justice An assessment of the project's potential impacts on low income and minority populations will be included in the CE. The assessment will conform to FHWA's guidance for compliance with Executive Order 12898,Environmental Justice. (iii) Limited English Proficiency An assessment of the project's potential impacts on limited English proficiency populations will be included in the CE. The assessment will conform to FHWA's guidance for compliance with Executive Order 13166. (iv) Land Use The project's effects will be characterized in light of land use trends, plans, and policies within the study area. This effort will entail close coordination with local and regional planning bodies. A description of current land uses, including a land use map of the project area,will be prepared. Land uses converted to transportation uses as a result of the proposed project will be identified,mapped,and calculated by acreage. If additional property is acquired for ROW, the zoning for such land will be identified. Potential effects on public and community facilities will also be identified and discussed. (v) Right of Way and Relocation Impacts The area of right of way and/or easement required for each affected parcel for the preferred alternative will be computed and a discussion of the potential for relocations. The CE will include the following information:an estimate of the number of households to be displaced, the availability of decent,safe, and sanitary housing in the area, neighborhoods and families having special composition which may require special relocation considerations, the measures to be taken where the existing housing inventory is insufficient,does not meet relocation standards,or is not within the financial capability of the displaces, an estimate of the numbers, descriptions, types of occupancy(owner/tenant), and size 8of17 (number of employees) of businesses and farms to be displaced, the relocation assistance services available. (vi) Bike and Pedestrian A description of provisions made to accommodate bicyclists and pedestrians will be provided. (b) Section 4(f) Section 4(f)and 6(1)properties will be identified. If a Section 4(0 evaluation is required it will be conducted under a supplemental agreement with an additional scope of work and budget. (c) Cultural Resources (i) Historic Resources a) Prepare Research Design The Consultant will conduct a literature review to obtain data from the previous surveys, on-line databases and historical documents. Coordination will be conducted with TxDOT-ENV Historical Studies Branch staff to determine the appropriate Area of Potential Effect(APE)and to discuss the survey methods prior to initiating field surveys.The literature review will identify known properties, establish appropriate historical contexts for site evaluation,and illuminate any gaps in data or survey coverage. The results will be compiled in a research design to clarify the survey, evaluation and documentation methods,for submittal to TxDOT-ENV. b) Conduct Reconnaissance Survey Following approval of the Research Design, the Historic Resources subconsultant will conduct a reconnaissance field survey of properties within the APE that had not been previously inventoried. For buildings and structures that are 45 years old or older as of the letting date, the Consultant will collect written and photographic documentation of those characteristics and contextual views that support the NRHP evaluation and the assessment of effecttimpacts. Work will be conducted in accordance with the TxDOT Standards of Uniformity for historic standing structures and as specified in the approved research design. The deliverable for this task will be an inventory table summarizing the surveyed historic resources and a constraints map indicating the locations of potential historic properties/districts in relation to the foot print of the ultimate design project layout. c) Prepare Reconnaissance Survey Report A historic resources survey report(HRSR)will be prepared consistent with the state's requirements for reconnaissance survey reports.In addition to summarizing the information originally presented in the Research Design, the HRSR will include findings of the survey, results of additional research, recommended determinations of NRNP eligibility, and recommendations for additional intensive study, if necessary. Each surveyed resource will be included in the inventory table,survey maps on aerial base and individual photo sheets. Any intensive investigations necessary will be conducted under a separate work authorization. The deliverable for this task will be a draft report and a final report that incorporates comments provided by the Texas Historical Commission(THC)and TxDOT. d) Public Involvement The Consultant will attend two public meetings and be available to address questions from the public regarding historic properties. The Consultant will prepare displays and materials inviting comment and participation in Section I06 review consultations (36 CFR 800.2). The format and content of these materials will be determined in coordination with TxDOT-ENV historians. The deliverable for this task will be display and handout materials for the public meetings. e) Prepare CE Sections for Historic Resources Affected Environment and Environmental Consequences sections will be prepared for the CE. This text will summarize the results of the historic resources survey and describe the project impacts, if any, on NRHP-eligible or listed properties. Known Section 4(f)resources will be discussed as they relate to alternatives analysis and avoidance measures will be documented. A Section 4(f)Analysis study is not included in this scope of services. The Consultant will also prepare an analysis of the indirect impacts of project-induced development and the contribution of the proposed project to 9of17 cumulative impacts on historic resources.This indirect and cumulative impacts analysis will adhere to the TxDOT guidance on such studies as well as the best practices being developed on recent projects. The deliverable for this task will be text files, in Microsoft Word, for incorporation into the CE document. The research design and survey reports will be produced entirely by the Consultant; the required number of copies will be delivered to the State. The Research Design will include a schedule for deliverables that corresponds to the overall project schedule and includes specific dates. Archeology (Provided by SIVC.f Environmental Consultants) a) Background Records Search An SWCA archaeologist will perform a review of records at the Texas Archeological Research Laboratory and the Texas Historical Commission to identify previously recorded surveys,historic or prehistoric archeological sites within the study area of the IH 35 Ramp Reversals Project. An archeologist will also review historical maps,aerial photos,topographic maps, soil survey maps and geologic maps to identify potential for unrecorded archeological sites to be present within the APE of the project. Additionally, an SWCA archaeologist will search the Texas Archeological Sites Atlas (Atlas)online database for any previously recorded surveys and historic or prehistoric archeological sites located in or near the project area. In addition to identifying previously recorded archeological sites, the Atlas review will include the following types of information: NRHP properties, State Archeological Landmarks (SALs), Official Texas Historical Markers (OTHMs), Registered Texas Historic Landmarks(RTHLs),cemeteries,and local neighborhood surveys.Other critical factors that will be examined include the level of previous disturbances from residential and connnercial development,types of soils,and archaeological potential.This background research will provide site and geographic information that will be critical to the discovery and interpretation of cultural resources within the project area.The results of that search will be integrated into a NEPA document section for archeology and also an Antiquities Permit application to conduct further field studies.The results of the field studies will also be integrated into the appropriate NEPA document sections. b) Permit Application An SWCA archaeologist will prepare a research design as part of an Antiquities Permit application to conduct the field studies required under Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. Working with the City, SWCA's Principal Investigator will prepare the permit application and submit to TxDOT who must review and approve.Once approved,TxDOT will send on to the THC,the permitting and reviewing agency. c) Archaeological Survey Once an Antiquities permit has been obtained,SWCA will conduct an archaeological field survey of the APE. For the purposes of this proposal, several assumptions have been made regarding the fieldwork(see below). The field survey will consist of a team of SWCA archaeologists walking the proposed project area.The survey will be of sufficient intensity to determine the nature,extent,and, if possible, potential significance of any cultural resources located within the proposed project area. Subsurface explorations will be accomplished through shovel testing only. The placement and quantity of these excavations will depend on the level of disturbance within proposed project boundary and the nature of the soils,geology,and topography. If an archaeological site is encountered in the proposed project area during the investigations, it will be explored as much as possible with consideration to land access constraints. Any discovered sites will be assessed in regards to potential significance so that recommendations can be made for proper management(avoidance, non-avoidance, or further work).Additional subsurface investigations will be conducted per THC standards at any discovered sites to define horizontal and vertical boundaries. Appropriate State of Texas Archaeological Site Data Forms will be filled out for each site discovered during the investigations. A detailed plan map of each site will be produced and locations will be plotted on USGS 7.5 minute topographic maps and relevant project maps. Shovel resting Shovel tests will be excavated in 20-cm arbitrary levels to 1 in in depth, or to culturally sterile deposits, whichever comes first. The matrix will be screened through '/+-inch mesh. The location of each shovel test will be plotted using a GPS receiver,and each test will be recorded on appropriate project field forms. Areas with previously recorded sites or other cultural resources revealed in the archival research will require additional shovel testing to explore the nature of the cultural deposits. 10 of 17 Conversely, heavily disturbed and modified areas in the IH-35 corridor will not be shovel tested. THC survey standards call for 16 shovel tests per mile of project area or 1 per 2-3 acres. If sites are encountered,a minimum of six shovel tests will be excavated per site.Shovel tests will be excavated to the depth of project impacts. 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. Assumptions/Considerations • The client will provide SWCA with project maps and aerials prior to the beginning of fieldwork. • SWCA assumes that an individual Antiquities permit must be obtained for the project area. • SWCA assumes that the client or its subcontractors will provide access and landowner coordination through the course of the project. • Shovel testing will be conducted per THC standards. • Any reroutes resulting from the identification of significant cultural resources or changes in engineering design plans,which subsequently will require additional fieldwork,are not part of this cost proposal. d) Report Preparation Once reviews and fieldwork have been completed, SWCA will prepare a draft report of the investigations. The archaeological report will conform to THC, NHPA, TxDOT and Council of Texas Archeologists reporting standards. It will document the general nature of the project area,the methodology used in the investigations,the presence and condition of any previously recorded sites revealed in the records review,the general nature and extent of cultural resources encountered during the archaeological survey, recommendations on the need for further work, and the potential significance of the cultural resources in regards to future development and NRHP/State Archeological Landmark status. Draft copies of the report will be submitted to the client for review and comment.Once this has been accomplished, any appropriate edits will be made and a final draft report will be submitted to TxDOT.Once both THC and TxDOT have approved the document,the Texas Antiquities Code also requires that 10 copies of the final report be submitted once the project is completed. (d) Noise and Air Quality Analyses (i) Noise Analysis A noise analysis will be prepared, including predicted noise levels and the consideration of noise mitigation,in accordance with the State's Noise Guidelines and 23 CFR 772. Noise sensitive land uses in the vicinity of the Build Alternative will be identified. Existing and predicted noise levels, using FHWA's Traffic Noise Model (TNM 2.5), will be calculated for a representative sample of noise sensitive receptors for the design year traffic conditions.The predicted design year noise levels will be compared to the existing noise levels, the FHWA Noise Abatement Criteria(NAC) and the TxDOT Noise Guidelines. A summary of the noise analysis will be included in the CE. If the noise analysis results in impacted receptors within the project limits,evaluation of noise abatement measures will be provided through a supplemental agreement. (ii) Air Quality Analysis An air quality analysis will be prepared in accordance with the TxDOT's Air Quality Guidelines-2006 and TxDOT's Air Quality Environmental Standards of Uniformity-2011. The following actions and information will be included: a) A qualitative MSAT analysis will be included as part of the air quality analysis. A summary of the air quality analysis will be included in the CE. b) If a Carbon Monoxide Traffic Air Quality Analysis is required,the additional services necessary will be provided through a supplemental agreement. c) If a quantitative MSAT analysis is required, the additional services necessary will be provided through a supplemental agreement. (e) Ecological Investigations 11 of 17 An ecology field survey and investigation to assess the project's impact on the ecological setting, soils, vegetation, wildlife, threatened and endangered species, water quality, wetlands, floodplains, and prime farmlands will be conducted. (i) Soils A characterization of the geophysical environment of the project, including an understanding of the project area bedrock geology and subsurface strata, soils, terrain units, and surface processes, which may affect or be affected by the proposed project,will be provided. (ii) Vegetation and Wildlife A characterization of project area ecological resources, including descriptions of vegetation and wildlife habitat resources will be performed. Ecologically sensitive resources,if any,will be identified and discussed in the CE. (iii) Threatened and Endangered Species a) Habitat Assessment 1. Data Collection Correspondence with the U.S. Fish and Wildlife Service and Texas Parks and Wildlife Department will be initiated to determine state and federal listed species likely affected by the proposed action. Review technical databases, technical literature, and governmental publications and databases prior to conducting field surveys to identify state and federally-listed threatened, endangered, and candidate plant and animal species in the vicinity of the project area. Natural Diversity Database (NDD) data will be obtained to determine if occurrences for listed species are located within ten miles of the project. 2. Habitat Determination The habitat assessment includes a field investigation to determine whether suitable habitat exists within and adjacent to the proposed project area,taking representative photographs of the project area, and reporting findings. Protocols for determining required habitat will be performed for the federally-listed threatened,endangered,and candidate species known to occur in Williamson County. 3. Geologic Assessment and Karst Survey (Provided by SWCA Environmental Consultants) SWCA will conduct a TCEQ Geologic Assessment and Karst Survey for the proposed project. The pedestrian survey will be conducted by walking parallel transects spaced approximately 50 feet apart and will cover the entire length of the project and locations of proposed water quality structures. Potential karst features, including depressions, holes, and animal burrows will be carefully examined for evidence of subsurface extent. A Geologic Assessment report will be prepared as per the "Instructions to Geologists for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones' as written by the TCEQ. This report is intended for inclusion in the Water Pollution Abatement Plan(WPAP). In order to comply with USFWS karst due-diligence requirements and to provide the data required for participation in the Williamson County Regional Habitat Conservation Plan(WCRHCP),the pedestrian survey will cover the footprint of the proposed project plus 345-feet where right of entry is available. The survey and additional investigations will be conducted by personnel holding a 10(a)(1)(b) scientific permit from the USFWS for conducting varying levels of karst investigation. Features identified will be investigated for their potential to be associated with karst invertebrate habitat. Methods will consist primarily of reconnaissance excavation with hand tools and will conform to current USFWS requirements. 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. This scope does not include major excavation activities, cave mapping, or endangered karst invertebrate presence/absence surveys which may be required if significant karts features are located. These services are not included at this time due to the developed nature of the area and a cursory review of geological data which indicate that the project area has a low probability of containing significant features. 12 of 17 A karst survey and habitat assessment report will be produced for submittal to USFWS and/or the Williamson County Conservation Foundation. A Registered Professional Geoscientist will also seal a karst survey report to include with WRHCP participation documents and a Geologic Assessment report to be submitted to the TCEQ with the WPAP. The report will include a literature review for known karst invertebrate habitat in the project area and it will address an emerging issue, the proposed listing of the Jollyville Plateau Salamander (Eurycea tonkawae). Current and historic locations for that species occur within two miles of the proposed project. Under this task SWCA personnel will attend meetings during the permitting process with the clients,TxDOT,USFWS,and the WCCF upon request. 4. Habitat Assessment Report (Provided by SIVCA Environmental Consultants) A Habitat Assessment Report summarizing the findings of the state and federally-listed threatened, endangered, and candidate plant and animal species habitat, including the karst survey,shall be submitted to the City for its records. Presence/absence surveys, Section 7 or 10 consultation, and coordination with the U.S. Fish and Wildlife Service and the lVilliamson Comuy Conservation Fund are not included In this scope of work if habitat for federally listed species Is identified A supplemental agreement with an additional scope of work and budget will be needed if these activities are required (iv) Migratory Birds The Migratory Bird Treaty Act(META) will be addressed in the CE. Potential habitat for migratory birds and evidence of migratory birds and/or their nests will be surveyed for during field investigations.A statement explaining how the project will comply with the MBTA will be included in the CE. (v) Invasive Species and Landscaping Executive Order 13112 on Invasive Species will be addressed in the CE. Similarly, the Executive Memorandum on Beneficial Landscaping will also be adequately addressed. (vi) Water Quality Coordination will occur with the Texas Commission on Environmental Quality(TCEQ),and the U.S. Environmental Protection Agency (EPA) to collect data on surface water resources. Surface water classifications, general characteristics, and Texas Pollutant Discharge Elimination System (TPDES) discharges will be noted. A discussion of non-point discharges will also be provided. Impacts to water resources will be discussed in the CE. (vii) Wetlands Wetland determinations for each reasonable detailed study alternatives, and delineations for the preferred alternative if required,will be conducted using the three-parameter approach as outlined in the U.S. Army Corp of Engineers (USACE) Wetlands Delineation Manual (1987) and Regional Supplement to the Wetland Delineation Manual for the Great Plains Region (2010). Wetland data forms will be completed assessing hydrophytic vegetation, hydric soils, and site hydrology at each wetland. Copies of wetland data forms will be provided with the environmental document.A wetland finding will also be provided,if necessary.Preparation of an Individual Permit or a Pre-Construction Notification (PCN) to the USACE, including preparation of Prelimitimy Jurisdiction Determination Forms, is not included in this scope of work, and If required, would be completed under a supplemental work authorization. (viii) Floodplain Impacts National Flood Insurance Program (NFIP) maps will be used to determine whether the preferred alternative will encroach on the base(100-year)floodplain. Floodplain areas within the study area will be determined and mapped; encroachment area (in acres) will be quantified. The discussion will identify the number and extent of encroachments, potential for increased flood hazard, any support of incompatible floodplain developments, and their potential impacts. For each alternative encroaching on a designated or proposed floodway,a preliminary indication of whether the encroachment would be consistent with or would require a revision to the regulated floodway will be presented. (ix) Farmlands 13 of 17 The proposed project is within an area already dedicated to urban use, thus the requirements of the Farmland Protection Policy Act do not apply and a farmland conversion impact rating form is not required. (x) Permits An assessment will be made of the project's compliance with the Nationwide Permit Program and TxDOT will be informed if a Section 404, Section 10 permit,or a PCN will be required. If a PCN or an individual Section 404 or Section 9 perinit is required, it will need to be done under a supplemental agreement with an additional scope of work and budget. (f) Hazardous Materials A database search and visual inspection within the existing ROW to determine existing conditions will be performed and the findings will be summarized in the CE. TxDOT will be notified if further testing is required, based on the results of the visual inspection. Iffurther testing is required, it will need to be done tinder a supplemental agreement with an additional scope of work and budget. (g) Construction Impacts The CE will include a discussion of the potential construction-related impacts the preferred alternative will have on adjacent properties, roadways, traffic, utilities, emergency vehicles, environment, and other related items for this project. (h) Indirect and Cumulative Impacts Based on the meeting held at TxDOT's office on January 27, 2012, it is assumed that the proposed project would not require an Indirect and Cumulative Impact(ICI)Analysis.If it is determined that an ICl Analysis is required, it will need to be done under a supplemental agreement with an additional scope of work and budget. 11. Permits/Commitments A summary of permits and environmental commitments required as a result of the proposed project will be provided. General Guidelines for Preparation of Environmental Documents (a) The environmental document prepared will be provided on paper and electronically in Microsoft Word format. (b) The environmental document will be prepared in accordance with the content and format of FHWA Technical Advisory T6640.8A. (c) Exhibits in the environmental document will be limited to 1 i inches by 17 inches where possible. 12. Prepare CE Document The Consultant will prepare up to six drafts of the CE document,as described below. (a) A Preliminary Draft CE will be prepared and submitted to the City for review and comment. (b) The Consultant will revise the Draft CE in response to comments received from the City. A Draft CE will be prepared and submitted to the TxDOT—Austin District for review and comment. (c) The Consultant will revise the Draft CE in response to comments received from the TxDOT—Austin District. A Draft CE will be prepared and submitted to TxDOT—ENV for review and continent. (d) The Consultant will revise the Draft CE in response to comments received from TxDOT—ENV. A Draft CE will be prepared and submitted for Agency review and comment. (e) The Consultant will revise the Draft CE in response to comments received from Agencies. A Draft CE will be prepared and submitted to FHWA for review and comment. (f) The Consultant will revise the Draft CE in response to comments received from FHWA. (g) A Final CE will be prepared and submitted to FHWA,pending an environmental decision. D. PRE-CONSTRUCTION NOTIFICATION TO THE USACE / USFWS / WILLIAMSON COUNTY REGIONAL HABITAT CONSERVATION PLAN PARTICIPATION 1. 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 11.A.I(c). 14 of 17 i E. PUBLIC INVOLVEMENT (provided b),CP&Y,hic.) I. Prepare displays and exhibits for one (1)public meeting. Utilize digital orthophotography obtained from aerial photogrammetry and show alignment alternatives. 2. Prepare one (1) Public Meeting notice for publishing in local papers to notify the public in advance of the established date. Notice will be published 30 days and 10 days prior to the meeting. The Engineer will not be responsible for costs associated with publishing the Public Meeting notice in the local paper. 3. Help conduct one(1)public meeting by setting up the facility,providing personnel to attend and support the open house and meeting,and assisting in the technical presentation. 4. Prepare a bound report for the public meeting to include legal notices, photographs of displays and set-ups, handouts distributed at the meeting, attendance sheets, comment sheets,comment cards, letters sent and received, public meeting summary and summary of comments.(3 hard copies and 3 electronic copies each) 5. Support the City and their representative with graphic files, information and updates to aide in their extended public involvement efforts. It is anticipated that the City will be responsible if a project website, newsletter or additional public outreach is required. If additional public limolveunent is required, such as Individual meetings with landowners or a Public Hearing, it will need to be done under a supplemental agreement with an additional scope of ii�ork and budget. III. SURVEYING SERVICES A. PROJECT CONTROL SERVICES (provided b),Inland Geodetics,LP) 1. The Surveyor will attempt to recover and utilize the existing IH 35 TxDOT (CSJ# 0015-09-166) NAD-83/93 (HARN) NAVD 88 datum, Texas State Plane Coordviate System, Texas Central ,Zone aerial mapping primary control points for this project. In the case that the control has been destroyed the Client will be notified immediately. This scope and fee do not include effort to re-establish destroyed control. A Global Positioning System (GPS) and conventional land surveying methods will be used to establish additional project control if needed. These methods will also be used to perform the various tasks of this project. B. DESIGN SERVICES (provided b),hiland Geodetics,LP and Baker-Aicklen&Associates,htc.) 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 the project control (primary and secondary)to establish or extend vertical control for the project. 5. The project limits for surveying shall be along IH 35 from the north edge of the Brushy Creek bridge at the south end to Hoppe Trail at the north end. The survey width will extend from ROW line to ROW line. 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. In addition,the Surveyor shall survey the edge of pavement,grade breaks,and existing signs from'/.-mile south of US 79 to 1/2-mile north of FM 3406. 9. The Surveyor shall survey side streets within the project limits to a distance of 100' from the frontage road or far enough to establish drainage. 10. The Surveyor shall provide digital photograph of each end of each cross road drainage structures located within the project limits. 11. The Surveyor shall process the collected information into a I foot contour DTM file utilizing Geopak V8i. 15 of 17 12. The Surveyor shall locate right-of-way monumentation and other evidence to reestablish the existing right-of-way lines for IH 35 and intersecting roads within the limits of survey. This is not to be construed as boundary surveying at this time nor is it considered taxable for the purposes intended at this time. C. TREE SERVICES (provided by Inland Geodesics,LP) 1. The Surveyor shall locate trees that 12 inches in diameter and larger,and note the size,species and canopy area. D. GEOTECHNICAL LOCATIONS Uirovided by Inland Geodesics, LP) 1. The Surveyor will stake prior to boring and locate after boring 32 geotechnical locations. The Engineer is to provide the locations for the borings. E. DELIVERABLES (provided by Inland Geodelics, LP) 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 V8i 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 (provided by Inland Geodelics,LP) 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. G. UTILITIES (provided by Tire lVallace Group) 1. Subsurface Utility Engineering(SUE) (a) The project limits are approximately I.6 miles along IH 35 from the north edge of the Brushy Creek bridge at the south end to Hoppe Trail at the north end. (b) The project consists of providing Quality Level(QL)-B on the existing underground utilities. QL-D and QL- C services are inclusive with the QL-B product. (c) Provide QL-B services for the various utilities noted on the site visit for preparing this scope of services with associated fees. The various utilities noted are:water, sanitary sewer,natural gas,telephone communications (cable and fiber optic)and electrical. This scope of services is based upon the effort to provide SUE services for these utility systems. (d) Utility services from the main utility to the right-of—way to service a lot or structure are not included within this scope of service nor the estimated utility linear footage previously shown. (e) Identify and map the existing utility facilities located on existing utility poles within the project limits. The facilities company name and contact information will be provided as part of the deliverables. (1) Definitions: (i) Quality Service Level D(QL-D)—This level of service is inclusive of QL-B and consists of collecting existing utility record information(as-built) from utility purveyors, municipalities, counties and other agency suppliers within the area of investigation. Contact the TxDOT Permit Office to obtain available records of any utility crossing IH 35 within the project limits. (ii) Quality Service Level C(QL-C)—This level of service is inclusive of QL-B and consists of surveying and obtaining accurate horizontal position of visible utility surface features associated with the project area to be designated by the Engineer. 16 of 17 (iii) Quality Service Level B (QL-B Designating Services) — Designate is to indicate, by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including, without limitations, electromagnetic, sonic, and acoustical techniques. (iv) Quality Service Level A (QL-A Locating (Test Hole) Services)— Locating services is to locate the accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non-destructive to utilities. 2. The Engineer will develop a contact list of the affected utility owners in the project corridor. 3. The Engineer will contact each utility company and meet individually with them to review their assumed utility locations developed from the SUE process. 4. The Engineer will prepare scroll plots indicating researched utility locations to provide to utility companies / owners for their review and comment. 5. The Engineer(or his subconsultants) will not be responsible for any omission of utility information that is not obtainable via electromagnetic, sonic, or acoustical designating services. Non-metallic piping, inactive electric and/or communication lines may or may not be found by electromagnetic, sonic or acoustical designating practices. The Engineer(or his subconsultants)do not warrant and/or guarantee that all existing utilities will be found. IV. PROJECT MANAGEMENT A. PROJECT MANAGEMENT (provided by CPR),Inc.) 1. Create and submit monthly invoices suitable for payment by the City. 2. Prepare monthly progress reports for submission with the monthly invoices to provide a written account of the progress made to date on the project. 3. Meet formally once a month with the City to review project progress. 4. Prepare project meeting summaries for applicable meetings during the project development process. 5. Meet with property owners,stakeholders,and the City staff as required through the project development process. 6. Establish and attend periodic progress meetings(approximately once a month)with TxDOT. 7. The Engineer will have internal meetings with the consultant design team every two weeks for the length of the project. It is assumed that these meetings will include key personnel from each discipline and will be required to discuss and resolve project issues. 8. The Engineer shall prepare and execute contracts with sub-consultants, monitor sub-consultants activities (staff and schedule),complete monthly reports and review and recommend approval of sub-consultant invoices. 9. Coordinate and review subconsultant work activities and submittals. The Engineer will review and coordinate work of sub-consultants to ensure quality products are delivered to the City. The Engineer will also be responsible for the consistency and coordination between plans developed by each sub-consultant on the design team. 10. The Engineer shall formally close out the project and perform a documented archive process. i I 17 of 17 EXHIBIT C Work Schedule Duration Completion Date Notice to Proceed N/A Mar 8,2012 Topographic/SUE Survey 30 Apr 7,2012 Alternative Configurations 45 Apr 22,2012 Project Layout 45 Jun 6,2012 Traffic Projections&Approval 60 May 7, 2012 Traffic Study 45 Jun 21,2012 Draft Interstate Access Change Request 75 Sep 4, 2012 IACR Review 30 Oct 4,2012 Final IACR 15 Oct 19,2012 Draft CE &TxDOT Review 60 Aug 5, 2012 CE FHWA Review 45 Sep 19,2012 Final CE&Environmental Decision 30 Oct 19,2012 1 of 1 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 Manager 180 Hrs.@ $61.00= $ 10,980.00 Senior Engineer 274 Hrs.@ $48.00= $ 13,152.00 Design Engineer 372 Hrs.@ $39.00= $ 14,508.00 EIT 517 Hrs.@ $30.00= $ 15,510.00 Chief Hydrologist 6 Hrs.@ $58.00= $ 348.00 Environmental Manager 114 Hrs.@ $58.00= $ 6,612.00 Senior Environmental Specialist 46 Hrs.@ $40.00= $ 1,840.00 Environmental Specialist 291 Hrs.@ $29.00= $ 8,439.00 Senior Architectural Historian 85 Hrs.@ $49.00= $ 4,165.00 Biologist 78 Hrs.@ $30.00= $ 2,340.00 GIS Specialist 164 Hrs.@ $26.00= $ 4,264.00 Admin/Clerical 40 Hrs.@ $22.00= $ 880.00 $ 83,038.00 SALARY COSTS $ 83,038.00 SALARY RELATED COST(185.00 %) $ 153,620.30 TOTAL LABOR COSTS $ 236,658.30 FIXED FEE (12%) $ 28,399.00 TOTAL SALARY COSTS $ 265,057.30 EXPENSES Subtotal Direct Expenses $ 3,924.00 Subconsultant Expenses HDR Engineering $ 85,000.00 Halff Associates $ 25,000.00 Fugro Consultants $ 55,000.00 SWCA Environmental Consultants $ 18,000.00 Inland Geodetics+Baker-Aicklen&Associates $ 115,000.00 The Wallace Group, Inc. $ 20,000.00 Subtotal $ 318,000.00 TOTAL EXPENSES $ 321,924.00 TOTAL SALARY COSTS+EXP AMOUNT PAYABLE $ 586,981.30 1oft F. p v.'�....:W.`...... � . _1.'°...1�' , .~E. .." ,. 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A- rlli�4 f��+11rMrA1 uli.aw EXHIBIT E Certificates of insurance Attached Behind This Page i '`LAR CERTIFICATE OF LIABILITY INSURANCE DA2/9/1DDlVYYY) 2/9/2012 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 B; Patrick P McLaughlin McLaughlin Brunson Insurance Agency, LLP PHONE p 6600 LBJ Freeway (214) 503-1212 •(214) 503-8899 Suite 220E-MAIL Dallas TX 75240 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:XL Specialty Insurance Company 37885 INSURED CP&Y, Znc. INSURER B:Travelers Lloyds Ins. Company 41262 INSURERC:St. Paul Fire & Marine Ins. Co. 24767 1820 Regal Row Ste 200 INSURERD:Travelers Indemnity Co of CT 125682 Dallas TX 75235 INSURER E:Hartford Casualty Ineurance Co. 19424 INSURER F COVERAGES CERTIFICATE NUMBER:cert ID 13281 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. INSLTR TYPEOFINSURANCE ADDLBR POLICY EFF POLIO EXP D M LIMITS GENERAL LIABILITY POLICYNUMBER EACH OCCURRENCE $ 1,000,000 H X COMMERCIAL GENERAL LIABILITY Y Y PACP1951LS95 6/1/2011 6/1/2012 Eaoouare�_ $ 1,000,000 CLAIMS•MADE a OCCUR Valuable Papers MED EXP one rem $ 10,000 X Contractual Liab $2,245,000 PERSONAL&ADV INJURY $ 1,000,000 X Severability of int. GENERAL AGGREGATE $ 2,000 000 GENJ AGGREGATE LIMIT APPLIES Pot, PRODUCTS-COMWOPAGG $ 2,000,000 POLICY X JECT PRO LOC $ AUTOMOBILE UA131LITYCOMIF IN Ident,SINGLE 11000,000 D X ANYAUTO Y Y BA3865141855 6/1/2011 6/1/2012 BODILY INJURY(Per Peraon) 5 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per eoddenl) S HIRED AUTOS AUUTN�E0 PPROPar.ERTY DAMAGE $ S C X UMBRELLA LIAB )( Y Y QK06503481 6/1/2011 6/1/2012 EACH OCCURRENCE $ 10 000,000 I EXCESS LtAS CLAIMS MADE AGGREGATE $ 10,000,000 DEO f RETENTIONS $ WORKERS COMPENSATION STATU OTFF R AND EMPLOYERV LIABILITY YIN Y 46WBZI4801 1/1/2012 1/1/2013 X ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT S SO ,oGO OFFICER/MEMBEREXCLUDED? NIA (Mandatory In and E.L.DISEASE-FA EMPLOYE $ 500,000 Ifyae,describe under DEC =n0NOFOPERATIO Sbetow E.L.DISEASE-POLICY LIMIT $ 500,000 A Professional Liab N Y DPR9693504 4/1/2011 4/1/2012 Per Claim/Annual $ 3,000,000 Aggregate DEBCR 7101 OF OPERATIONS I LOCATK/NS/VEHICLES(Attach ACORD 101,AddiBmal Remarha Sohodula,If mon space is required) 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 on all policies. 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 Rock on the Workers Compensation, general Auto & Umbrella liability coverages as required by written contract. RBr IH 35 Ramp Reversals project (RNDR1202.00) 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 Bast Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 �� ®1980 2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1