R-12-09-13-G2 - 9/13/2012 I
4
k
RESOLUTION NO. R-12-09-13-G2
WHEREAS, the City of Round Rock desires to retain professional consulting services for the
development of the Brushy Creek Regional Trail Gap Project, and
4
WHEREAS, BWM Group ("BWM") has submitted an Agreement for Consulting Services to
provide said services, and
WHEREAS, the City Council desires to enter into said agreement with BWM,Now Therefore t
:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an k
9
Agreement for Consulting Services For Design Studies for Brushy Creek Regional Trail Gap Project
With BWM Group, a copy of same being attached hereto as Exhibit "A" and incorporated herein for
a
all purposes.
a
The City Council hereby finds and declares that written notice of the date, hour, place and j
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 13th day of September, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0:\wdox\SCC Ints\0l 12\1204\MLINICIP AL\00257531.DOC/rmc
EXHIBIT
f
„A„
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES t
FOR DESIGN STUDIES FOR BRUSHY CREED REGIONAL TRAIL GAP PROJECT ,
WITH BWM GROUP
This Agreement 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 (hereinafter referred to as
the "City"), and BWM Group, whose offices are located at 102 East Main Street, Suite 200,
Round Rock, Texas, 78664(hereinafter referred to as"Consultant"or"BWM"). s
RECITALS:
WHEREAS, City desires to contract for Consultant's professional consulting services
necessary for the development of the Brushy Creek Regional Trail Gap Project;and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder;
NOW,THE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
3
1.01 EFFECTIVE DATE,DURATION,AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
i
indicated herein, or is terminated or extended as provided herein.
i
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved, but in no event later than twenty-four (24) months from the
effective date of this Agreement.
City reserves the right to review the services at any time, including at the end of any
deliverable or task, and may elect to terminate the services and this Agreement with or without
cause or may elect to continue. If this Agreement is terminated, City agrees to pay Consultant
for all work City deems completed at time of termination.
1.02 GENERAL CONDITIONS
The General Conditions contained herein shall apply to the Proposal for Services,
attached hereto as Exhibits A through C, and Appendices A through C to Exhibit B, and all are
made a part hereof for all appropriate purposes. This Agreement, including such Proposal for
Services attachment,is entered into by and between the City of Round Rock or its subsidiaries or
affiliates (collectively "City") and BWM Group or any entity directly or indirectly owned or
controlled by same(collectively"BWM").
00256 r 59/jkg
i
i
k
s'
q
i
1.03 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Services for the
assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and
is deemed to incorporate the General Conditions contained herein. Except with respect to the 4
description bf specific services and fees for the assignment(s) delineated therein, the General
Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms x
therein. Taken together with the appended Proposal for Services, the General Conditions
contained in this Agreement shall evidence the entire understanding and agreement between the
parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
s
f
Consultant shall satisfactorily provide all services described under this "Scope of
Services" category and Exhibit B if directed to do so by City's issuance of a written Notice to
Proceed specifically for such services. Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been
specifically engaged. Consultant shall perform services in accordance with the General
Conditions and this Agreement, in accordance with the appended Proposal for Services, and in
accordance with due care and prevailing consulting industry standards for comparable services.
1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant a not-to-exceed sum of Two Hundred Seventeen
Thousand Two Hundred One and 48/100 Dollars ($217,201.48) as delineated in the "Basic s
Services Summary" portion of Exhibit C. The parties expressly acknowledge that certain
services are to be provided by Consultant only if directed to do so by City's issuance of a written
Notice to Proceed specifically for such services.
The parties agree that fees for individual phases or phase tasks may vary, but that the
overall fee of$217,201.48 shall be a not-to-exceed amount.
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by City Council or City Manager action, Consultant's total compensation
hereunder shall not exceed $217,210.48, including any Reimbursable Expenses. This amount
represents the absolute limit of City's liability to Consultant hereunder unless same shall be
changed by additional Supplemental Agreement hereto.
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty,liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims,whether paid by City or denied.
2
F
}
Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto,duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of k
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement,that being twenty-four (24) months from the effective date hereof. Consultant shall s
not perform any work or incur any additional costs prior to the execution, by both parties, of
such Supplemental Agreement. Consultant shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall
not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
k
1.06 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the following timetable structure and deliverable due dates shall apply: twenty-four(24) months
fiom date of execution hereof, and in reasonable conformity to the estimated schedule delineated
on Exhibit C.
1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES
i
Invoices. To receive payment for services, Consultant shall prepare and submit a series `
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall
conform to the schedule of services and costs in connection therewith. All Reimbursable
Expenses shall be clearly shown. Should additional backup material be requested by City,
Consultant shall comply promptly with such request. In this regard, should City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to 'meet the
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt(including taxes) lawfully due to City from Consultant,regardless of
3
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
t
Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall
not exceed the maximum sum of $1,792.00 for "Material Expenses" and "Miscellaneous
Expenses" as delineated in the `Basic Services Summary"portion of Exhibit C. City shall pay
Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual
cost.
1.08 PROMPT PAYMENT POLICY
In accordance with Chapter 2251,V.T.C.A., Texas Government Code,any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the"rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(1) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
tliat cause the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or
3
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
1.09 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then-current fiscal year.
1.10 TERMINATION OR DEFAULT
Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
4
t
3
t
E
t
fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease. 4
Consultant shall invoice City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits. City acknowledges
Consultant's documents as installments of professional service. Nevertheless, the pians and
specifications prepared under this Agreement(including by way of illustration and not limitation
all plans, field surveys, maps, cross sections and other data, designs and work related to the {
Project) shall become the property of City upon completion of the work and payment in full of
all monies due to Consultant. Should City subsequently contract with a new consultant for
continuation of services on the Project, Consultant shall cooperate in providing information. A
City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless
from any claim, liability or cost (including reasonable attorneys' fees) arising out of any
authorized reuse or modification of the construction documents by City or any person or entity
that acquires or obtains the plans and specifications fiom or through City without the written
authorization of Consultant. E
Default. Nothing contained in the preceding paragraph shall require City to pay for any r
work which is unsatisfactory as determined by City or which is not submitted in compliance with
the terms of this Agreement. City shall not be required to make any payments to Consultant
when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver `
of any right, at law and at equity, which City may have if Consultant is in default, including the
right to bring legal action for damages or to force specific performance of this Agreement. b
1.11 CITY'S RESPONSIBILITIES
Full information. City shall provide full information regarding Project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required, if any, to enable Consultant to provide the services called
for. City shall cause its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directions provided by City and its
employees and agents concerning provision of services.
Specific services. City shall provide services and/or fiunish information as delineated on
Exhibit A.
Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's
expense)certified surveys of relevant sites,giving,as required, grades and lines of streets,alleys,
5
a
F
f
Y'
f
pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, '
zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or
adjacent to the sites, other improvements and trees; and full information as to available service
and utility lines, both public and private, and test borings, pits, reports and soil bearing values s
and other necessary operations for determining subsoil conditions.
Tests and inspections. City shall furnish or pay for structural, mechanical, chemical,
soil mechanics, and other tests, reports and inspections as required by law or as required by
Project documents.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
(1) Consultant has the right to perform services for others during the term of this
Agreement;
• (2) Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement;
(4) Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise,or pay any assistants to help Consultant; 1
(5) Neither Consultant nor its employees or subcontractors shall receive any training
from City hi the skills necessary to perform the services required by this j
Agreement;
(6) City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS
Each party shall take reasonable measures to preserve the confidentiality of any
proprietary or confidential information provided to it in connection with this engagement,
provided that no claim may be made for any failure to protect information that occurs more than
two(2)years after the termination or expiration of this Agreement.
6
i
g
i
At the conclusion of the engagement,upon written request, each party shall return to the
other all materials, data and documents provided to the other party, except that Consultant may
retain one (1) copy of City's materials for its archival purposes, subject to Consultant's
confidentiality obligations hereunder. City shall retain ownership of all data and materials
provided by it to Consultant. Original drawings shall remain the property of Consultant.
The parties expressly acknowledge that City is a Texas home-rule municipality and, as
such,is subject to the Texas Public Information Act, and its duties run in accordance therewith.
1.14 LIMITATION OF LIABILITY
• t
t
6
Services provided and performed by Consultant under this Agreement shall be performed `
in:a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. However, should any of E
Consultant's services not conform to these requirements and the Proposal for Services, then and
in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its
discretion, either (a) promptly re-perform such services to City's satisfaction at no additional
charge, or(b)promptly refund the portion of the fees paid with respect to such services.
In the event that re-performance of services or refund of applicable fees would not
provide an adequate remedy to City for damages arising from the performance, nonperformance
or breach of this Agreement and the appended Proposal for Services, then and in that event
Consultant's maxnnum total liability, including that of any employee, affiliate, agent or
contractor, relating to its services, regardless of the cause of action, shall be limited to direct
damages in an amount not to exceed the total fees payable under this Agreement.
Such limitation of liability shall not apply to the extent that any liability arises from gross
negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors,or
from bodily injury, death of any person, or damage to any real or tangible personal property. I
Neither party shall be liable for any indirect,special, or consequential damages.
1.15 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees)to the extent arising from or
in connection with the negligence of Consultant or its employees or agents in the course of
performing services. The limitation of liability set forth in Section 1.14 herein applies to
Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not
apply to the extent that any liability arises from the gross negligence or willful misconduct of
Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any
person, of damage to any real or tangible personal property.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof.
7
s
Y
1.16 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Certificates of insurance are included herewith.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of g
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the terra of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon
request and without expense,to receive copies of these certificates of insurance.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty(30)days prior to the expiration,cancellation,
on-renewal or any material change in coverage,a notice thereof shall be given to
City by certified mail to:
City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non-renewal, or material change in coverage it receives
fiom its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Consultant.
(3) Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members,employees
and agents in thea official capacities, or while acting on behalf of the City of Round
Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self-Insured Retentions
of whatever nature.
8
4
k[[
f
F
a
t
i
(5) Consultant and City mutually waive subrogation-rights each may have against the
other for loss or damage,to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City. if
1.17 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the z
services contracted for herein.
S
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of
Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act.
1.18 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
1.19 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
1.20 LOCAL,STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf;or
(2) Make state - and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax fiom Consultant's payments.
9
Y
F.
t
1.21 NOTICES
All notices and other communications in connection with this Agreement shall be in
r
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated in this Agreement; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
BWM Group
102 East Main Street, Suite 200
Round Rock,TX 78664
Notice to City:
City Manager AND TO: City Attorney
221 East Main Street 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine i
communications between representatives of City and Consultant.
1.22 APPLICABLE LAW;ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
1.23 EXCLUSIVE AGREEMENT
3
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
1.24 DISPUTE RESOLUTION
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
10
s
1.25 SEVERABILITY '
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement.Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close-as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void. .
a
P
1.26 MISCELLANEOUS PROVISIONS
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project
schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
i
Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates j
indicated.
CITY OF ROUND ROCK,TEXAS FOR CITY,ATTEST:
By:
Alan McGraw,Mayor Sara L.White, City Clerk
Date Signed: Date Signed:
FOR CITY,APPROVED AS TO FORM:
Stephan L, Sheets, City Attorney
11
F
C
!y
BWM UP
i
G
By:
Printed Npla: +�Iw/?--
EXHIBITS
,/
Title: i( 6ze, t,U�a-�DateSigned:
' t
Exhibit A: Services to be Performed by City
Exhibit B: Services to be Performed by Design Consultant
Appendix A: Section 3-Categorical Exclusion
Appendix B: Section 5-Section 4(f)/Section 6(1)
Appendix C: Section 4-Environmental Assessments/Findings of No Sign cant Impact
Exhibit C: Work Schedule,including"Basic Services Summary"
r
f¢
R
f'
i
k
Y
5
{
t
12
I
i
i
I
_10 'f ROUND ROC K,TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
z
t
t
Agenda Item No. G2.
Consider a resolution authorizing the Mayor to execute an Agreement for Consulting
Agenda Caption: Services for Design Studies for Brushy Creek Regional Trail Gap Project with BWM Group.
Meeting Date: September 13, 2012
Department: Parks and Recreation
8
Staff Person making presentation: Rick Atkins
Parks and Recreation Director
rs
Item Summary:
This item will allow the City to re-enter into a professional services agreement with BWM Group for the Brushy
Creek Regional Trail Gap Project. The original agreement expired recently and staff would like to continue the
agreement with BWM Group through the completion of the project. This agreement is almost identical to the
original agreement with a few modifications. First, all services already performed by BWM Group have been
removed from the agreement. Second, an additional $36,350 has been added to the agreement to account for
extensive archeological investigations that were needed for three sites that were discovered along the trail corridor.
These three sites had artifacts of quality and quantity that the City was required to perform extensive investigations
including trenching, excavation, artifact removal and testing. The results of these investigations and testing are
currently being reviewed by TxDOT and the Texas Historical Commission. ¢
The proposed project schedule is to submit construction plans to TxDOT for review in January 2013 and start
construction in the summer of 2013. This schedule is subject to change based on TxDOT's review time.
Cost: $ 217,201.48
Source of Funds: 2007 General Obligation Bonds
Recommended Action: Approval
r
9:
1
i'
i
k:
F
p J
� z LLJ
O
L °C O
Y
P
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
FOR DESIGN STUDIES FOR BRUSHY CREEK REGIONAL TRAIL GAP PROJECT
WITH BWM GROUP
This Agreement is made and entered into on this the day ofIVFFL , 2012,
by and between the City of Round Rock, a Texas home-rule municipal c rporation, whose
offices are located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as
the "City"), and BWM Group, whose offices are located at 102 East Main Street, Suite 200, K
Round Rock, Texas, 78664 (hereinafter referred to as"Consultant" or"BWM").
R
RECITALS:
WHEREAS, City desires to contract for Consultant's professional consulting services
necessary for the development of the Brushy Creek Regional Trail Gap Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH: k
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE,DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein, or is tenninated or extended as provided herein. '
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved, but in no event later than twenty-four (24) months from the
effective date of this Agreement. .
s
City reserves the right to review the services at any time, including at the end of any
deliverable or task, and may elect to terminate the services and this Agreement with or without
cause or may elect to continue. If this Agreement is terminated, City agrees to pay Consultant
for all work City deems completed at time of termination. E'
1.02 GENERAL CONDITIONS
The General Conditions contained herein shall apply to the Proposal for Services,
attached hereto as Exhibits A through C, and Appendices A through C to Exhibit B, and all are
made a part hereof for all appropriate purposes. This Agreement, including such Proposal for
Services attachment, is entered into by and between the City of Round Rock or its subsidiaries or
affiliates (collectively "City") and BWM Group or any entity directly or indirectly owned or
controlled by same (collectively "BWM").
00256159/jkg `
t
s
:
g
1.03 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Services for the
assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and
is deemed to incorporate the General Conditions contained herein. Except.with respect to the
description of specific services and fees for the assignment(s) delineated therein, the General
Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms
therein. Taken together with the appended Proposal for Services, the General Conditions
contained in this Agreement shall evidence the entire understanding and agreement between the
parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
z
Consultant shall satisfactorily provide all services described under this "Scope of
Services" category and Exhibit B if directed to do sob City's issuance of a `
g rY y y w�iiten Notice to
Proceed specifically for such services. Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been
specifically engaged. Consultant shall perform services in accordance with the General
Conditions and this Agreement, in accordance with the appended Proposal for Services, and in
accordance with due care and prevailing consulting industry standards for comparable services.
1.45 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS
Payment for Services: In consideration for the consulting services to be performed by s
Consultant, City agrees to pay Consultant a not-to-exceed sure of Two Hundred Seventeen
Thousand Two Hundred One and 48/100 Dollars ($217,201.48) as delineated in the "Basic
Services Summary" portion of Exhibit C. The parties expressly acknowledge that certain
services are to be provided by Consultant only if directed to do so by City's issuance of a written
Notice to Proceed specifically for such services.
The parties agree that fees for individual phases or phase tasks may vary, but that the
overall fee of$217,201.48 shall be a not-to-exceed amount.
Unless subsequently changed by additional Supplemental Agreement to this Agreement,
duly authorized by City Council or City Manager action, Consultant's total compensation
hereunder shall not exceed $217,210.48, including any Reimbursable Expenses. This amount
represents the absolute limit of City's liability to Consultant hereunder unless same shall be
changed by additional Supplemental Agreement hereto. t
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty,liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims,whether paid by City or denied.
x
2
4
f
t
yiy
3'
r
i
rF.
Supplemental Agreements. The terms of this Agreement may be modified by written
Supplemental Agreement hereto,duly authorized by City Council or City Manager action, if City
determines that there has been a significant change in (1) the scope, complexity, or character of
the services to be performed; or (2) the duration of the work. Any such Supplemental
Agreement must be executed by both parties within the period specified as the term of this
Agreement, that being twenty-four (24) months from the effective date hereof. Consultant shall
not perform any work or incur any additional costs prior to the execution, by both parties, of
such Supplemental Agreement. Consultant shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and City shall
not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
1.46 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the following timetable structure and deliverable due dates shall apply: twenty-four (24) months
from date of execution hereof, and in reasonable conformity to the estimated schedule delineated
on Exhibit C.
1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES g
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall x
conform to the schedule of services and costs in connection therewith. All Reimbursable
Expenses shall be clearly shown. Should additional backup material be requested by City,
Consultant shall comply promptly with such request. In this regard, should City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the E
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to }
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of
3
fl
a
r.
fl
z
t
t
t
{
i
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall
not exceed the maximum sum of $1,792.00 for "Material Expenses" and "Miscellaneous
Expenses" as delineated in the "Basic Services Summary" portion of Exhibit C. City shall pay
Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual
cost.
1.08 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect"on September
I of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
(1) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on
the purchase order relating to the payment.
1.09 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then-current fiscal year.
g
1.10 TERMINATION OR DEFAULT
Termination. In connection with the work outlined in this Agreement, it is agreed and
fully understood by Consultant that City may cancel or indefinitely suspend further work
hereunder or terminate this Agreement either for cause or for the convenience of City, upon
4
}9
A
pN{p
f
fifteen (15) days' written notice to Consultant, with the understanding that immediately upon
receipt of said notice all work and labor being performed under this Agreement shall cease.
Consultant shall invoice City for all work satisfactorily completed and shall be compensated in
accordance with the terms of this Agreement for all work accomplished prior to the receipt of
said notice. No amount shall be due for lost or anticipated profits. City acknowledges
Consultant's documents as instruments of professional service. Nevertheless, the plans and
specifications prepared under this Agreement (including by way of illustration and not limitation
all plans, field surveys, maps, cross sections and other data, designs and work related to the
Project) shall become the property of City upon completion of the work and payment in full of
all monies due to Consultant. Should City subsequently contract with a new consultant for z
continuation of services on the Project, Consultant shall cooperate in providing information.
City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless
from any claim, liability or cost (including reasonable attorneys' fees) arising out of any
authorized reuse or modification of the construction documents by City or any person or entity
i
that acquires or obtains the plans and specifications from or through City without the written
authorization of Consultant.
Default. Nothing contained in the preceding paragraph shall require City to pay for any
work which is unsatisfactory as determined by City or which is not submitted in compliance with
the terms of this Agreement. City shall not be required to make any payments to Consultant
when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver
of any right, at law and at equity, which City may have if Consultant is in default, including the
right to bring legal action for damages or to force specific performance of this Agreement. r
1.11 CITY'S RESPONSIBILITIES "
Full information. City shall provide full information regarding Project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required, if any, to enable Consultant to provide the services called 4
for. City shall cause its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directions provided by City and its
employees and agents concerning provision of services.
t
Specific services. City shall provide services and/or Rirnish information as delineated on
Exhibit A.
Designate representatives. City shall designate, when necessary, representatives
authorized to act in its behalf. City shall examine documents submitted by Consultant and render
decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of
Consultant's work.
k,
Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's
expense) certified surveys of relevant sites, giving,as required, grades and lines of streets, alleys,
s
5
E
P
t
Y
pavements and adjoining property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or z
adjacent to the sites, other improvements and trees; and full information as to available service
and utility lines, both public and private, and test borings, pits, reports and soil bearing values
and other necessary operations for determining subsoil conditions.
Tests and inspections. City shall furnish or pay for structural, mechanical, chemical,
soil mechanics, and other tests, reports and inspections as required by law or as required by
Project documents.
i
1.12 INDEPENDENT CONTRACTOR STATUS
b
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
i
k-
(1) Consultant has the right to perform services for others during the term of this
Agreement;
(2) Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement;
(4) Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise,or pay any assistants to help Consultant;
(5) Neither Consultant nor its employees or subcontractors shall receive any training
from City in the skills necessary to perform the services required by this
Agreement;
(6) City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
i
1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS '
Each party shall take reasonable measures to preserve the confidentiality of any
proprietary or confidential information provided to it in connection with this engagement,
provided that no claim may be made for any failure to protect information that occurs more than
two (2)years after the termination or expiration of this Agreement. i
6
s
J
t
r
f
At the conclusion of the engagement, upon written request, each party shall return to the
other all materials, data and documents provided to the other party, except that Consultant may
retain one (1) copy of City's materials for its archival purposes, subject to Consultant's
confidentiality obligations hereunder. City shall retain ownership of all data and materials
provided by it to Consultant. Original drawings shall remain the property of Consultant.
i
The parties expressly acknowledge that City is a Texas home-rule municipality and, as N
such, is subject to the Texas Public Information Act, and its duties run in accordance therewith.
1.14 LIMITATION OF LIABILITY
Services provided and performed by Consultant under this Agreement shall be performed
in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. However, should any of
Consultant's services not conform to these requirements and the Proposal for Services, then and
in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its
f
discretion, either (a) promptly re-perform such services to City's satisfaction at no additional
charge, or(b)promptly refund the portion of the fees paid with respect to such services.
In the event that re-performance of services or refund of applicable fees would not
provide an adequate remedy to City for damages arising from the performance, nonperformance
or breach of this Agreement and the appended Proposal for Services, then and in that event
Consultant's maximum total liability, including that of any employee, affiliate, agent or
contractor, relating to its services, regardless of the cause of action, shall be limited to direct
damages in an amount not to exceed the total fees payable under this Agreement.
Such limitation of liability shall not apply to the extent that any liability arises from gross
negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors, or
from bodily injury, death of any person, or damage to any real or tangible personal property.
Neither party shall be liable for any indirect, special, or consequential damages.
1.15 INDEMNIFICATION
Consultant agrees to hold harmless and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or
in connection with the negligence of Consultant or its employees or agents in the course of
performing services. The limitation of liability set forth in Section 1.14 herein applies to
Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not
apply to the extent that any liability arises from the gross negligence or willful misconduct of
Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any
person, of damage to any real or tangible personal property.
Except to the extent that Consultant is obligated to indemnify City, City shall indemnify
and hold Consultant, its employees, affiliates or agents harmless from any third party claim or
liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the services performed by Consultant or City's use thereof. �'
4
1.16 INSURANCE `
3
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Certificates of insurance are included herewith.
R
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon
request and without expense, to receive copies of these certificates of insurance.
e Policy Endorsements. Each insurance policy hereunder shall include the
Insuranc y po y
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty(30)days prior to the expiration,cancellation,
on-renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Consultant shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non-renewal, or material change in coverage it receives
from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Consultant.
4
(3) Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members, employees
and agents in their official capacities, or while acting on behalf of the City of Round
Rock.
s
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self-Insured Retentions
of whatever nature.
8
(5) Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City.
1.17 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and ?
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of
Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act.
i
1.18 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
1.19 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
1.20 LOCAL,STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf; or
(2) Make state and/or federal unemployment compensation contributions on
Consiiltant's behalf; or
(3) Withhold state or federal income tax from Consultant's payments.
9
7
g{
P
1.21 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated in this Agreement; or Y
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
BWM Group
102 East Main Street, Suite 200
Round Rock,TX 78664
Notice to City:
City Manager AND TO: City Attorney
221 East Main Street 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
1.23 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
1.24 DISPUTE RESOLUTION
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
l
g
10
S
F
F
f
1.25 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other poi on or provision of this Agreement.Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close-as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
l
1.26 MISCELLANEOUS PROVISIONS
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project g
schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
355E:
3
Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
IN WITNESS WHEREOF, the patties have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK,TEXAS FOR CITY,ATTEST:
l
By:
Alan McGraw Mayor Sara L.White, it lerk
Date Signed: A3J�-- Date Signed: Z
l
FO.RJQ1TY,APPRO V D AS TO FORM:
r
Stepha'no
heets, City Attorney
11
:
x;
3
4
BWM G O
By:
Print Naine: IU -A/ C.jF—
Title: /'L ✓mac rcc L C� Prepil
Date Signed: 149 11;2
t.
}
EXHIBITS
r:
Exhibit A: Services to be Performed by City
Exhibit B: Services to be Performed by Design Consultant
Appendix A: Section 3-Categorical Exclusion
Appendix B: Section 5-Section 4(1)/Section 6(f)
Appendix C: Section 4-Environmental Assessments/Findings of No Significant Impact
Exhibit C: Work Schedule,including"Basic Services Summary"
i
is
X
a
1
12
i
(
1
i
wwt■�
= III III
BWMGROUP
t
s
PLANNING 1 LANDSACPE ARCHITECTURE :
s
Agreement #8047
E
EXHIBIT A: Services to be Performed by City
i
A1.0 Trail Route Design Studies and Design Criteria
• Provide design speed and specific design criteria for project based on AASHTO '
Guide for the Development of Bicycle Facilities.
• Preliminary right-of-way (ROWS requirements.
• As-built plans for existing facilities adjacent to this project,if available.
• Existing geotechnical reports and data for existing facilities adjacent to this project, #'
if available.
• Utility information (plans, maps, etc.) both current and archived within the City of
Round Rock,if available.
• Subdivision plats, site plans and deeds for all facilities and properties along the trail
corridor if available.
A2.0 Environmental Studies and Public Involvement
• Provide guidance on selecting appropriate stakeholders for public meeting(s).
• Sponsor and .conduct public meetings) and hearing(s), including supporting
information, legal notices and public hearing officer, including three (3) identified
Section 4(f) properties. Meetings may include but not be limited to: (1) City
Council meeting, (1) Williamson County Commissioner's Court meeting, (2) Public '
input meetings and (1)TxDOT public hearing.
r
A3.0 Right-Of-Way(ROW) r
• Assist consultant(s) in obtaining right-of-entries(ROEs).
• Assist in the utility coordination process including attending coordination meetings.
• Assist in the utility relocation process if required. i
• Assist in the ROW acquisition process.
• Assist with Union Pacific Railroad negotiations,agreements and/or easements.
i
A4.0 Field Surveying and Photogrammetry
Provide all available survey inforination to date.
A5.0 Drainage
• Provide available information and studies on existing drainage areas. `
• Provide hydraulic design criteria for project design.
• Assist with coordination of hydraulic design and submissions to FEMA
Administrator and USACE if required.
• Provide standard details and specifications as necessary to assist design consultant.
:
A6.0 Miscellaneous i
i
• Provide direction necessary for aesthetic treatment of existing and proposed
structures,amenities and landscaping.
• Provide copies of all licensing agreements, utility agreements and other legal
instruments related to the project.
• Prepare and coordinate any required licensing and/or Utility Agreements.
i
l
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912p www.bwmgrp.com Pg. 1 of 2 }
i
� (
■W MGROUP
/
PLANNING,__«aWECTU E (
Agreement em7 [
[
• Pay all prmRt review and appl2t n ye TDL2 review and inspection fee to be (
paid b Consultant. {
• Administer TxDOT issu d Federal Poect Authorization Agreement(FPAA).
® oideanmhrprinntinf, tiolntomstd§gcnutant. . {
{
(
� (
/
(
t
(
[
(
� [
(
. [
[
E
� [
(
� (
1
� \
[
(
(
� (
}
[
(
. \
\
. (
(
� \
[
[
(
[
[
(
}
1&East Main Street Suite£o Round Rock,Texas 2664 512.238.8912p _«b m r mmPg2d2 [
t
[
E
s
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
i
EXHIBIT B: Services to be Performed by Design Consultant
General Project Understanding
The purpose of the services proposed herein is to provide professional consulting services
necessary for the development of the Brushy Creek Regional Trail Gap Project.This project has
received federal funding assistance through a Capital Area Metropolitan Planning Organization
(CAMPO) Surface Transportation Program — Metropolitan Mobility (STP-MM) Bike/Pedestrian
grant program and Williamson County, and will be administered by the Texas Department of
Transportation — Austin District Design Office, The Consultants intend to work in effective
cooperation with the City, TxDOT and other regulatory entities to achieve an efficient and
acceptable implementation of the project. Brian Binkowski, ASLA, Associate Principal of BWM
Group will be the project manager and daily contact for this project for the duration of this g
contract.
L
Program
Consultant shall provide services,as later described for the following general program elements. E
• Trail segment connecting Phase I —Brushy Creek East Trail to A.W. Grimes Blvd. including
one pedestrian bridge.
• Trail segment connecting A.W. Grimes to Lake Creek Park.
• Improvements to Rabb Park and Lake Creek Park as activity hub/trailheads. Improvements
include but are not limited to restroom/pavilion building, parking, signage, way finding, {'
security lighting,and emergency call boxes.
Development Budget Goal
A proposed development budget goal for all trail and trailhead program items indicated is a
generally established at $2.3 million dollars, but Consultant does not guarantee that proposals,
bids, or actual Project costs will not vary from its opinion of probable construction costs(OPCC). '
Given the above stated general project information Consultant will provide the following scope
i
of basic services per task listed once the City has issued a written Notice to Proceed regarding
each service.
B1.0 Trail and Trailhead Design Services x
The coundlaut shall not petfonn the services render this section unless the City issrces a. mitten
Notice to Proceed(NTP)specifically for these services.
i
:
A
1.1 Construction Documentation
Upon City's approval of the schematic drawing(s)and the OPCC,the Consultant will
develop working/construction drawings and technical sections of specifications
necessary to construct the work. Construction drawings may include, but not be
limited to the following information: general construction and project specific notes,
utilities, grading, drainage, dimension control/layout, erosion/sedirnentation/tree
protection, landscaping, irrigation, site construction details, architectural building,
mechanical, electrical, plumbing and structural design. Consultant shall compliment
drawings with Contract Documents and Technical Specifications including quantity
f
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg. 1 of 12 g
4:
k
a
S
I
= III
BWMGROUP
PLANNING I L4NDSACPE ARCHREC7URE
t.
Agreement #8047
C
t
take-offs, which describe materials, systems and equipment, workmanship, quality
and performance criteria required for the construction of the work. Consultant's
civil engineer shall prepare a Storm Water Pollution Prevention Plan (SWPPP).
Consultant shall coordinate utility needs with the City and utility service provider(s).
• Coordinate construction drawings and specifications with other consultants.
• Prepare sixty percent (Wo) construction drawings and OPCC including
appropriate escalation factors and contingencies. Deliverables to City will be
three(3)sets 11"x17"plans.
• Review 60%construction drawings and OPCC with City.
• Prepare ninety percent (9001o) construction drawings, specifications/project
manual and OPCC including appropriate escalation factors and contingencies. i
Deliverables to City will be three (3) sets 11"x17" plans and bound spec.
manuals.
• Review 90%construction drawings, specifications/project manual and OPCC with
City.
• Prepare one hundred percent (100016) construction drawings, specifications,
reports, permit applications and other documents required for pernnitting and
construction; update OPCC including appropriate escalation factors and
contingencies. Deliverables to City included with task 1.5 - Regulatory
Entitlement ( Permitting. x'
1.2 Flood Plain Analysis
Consultant's civil engineer will perform Flood Plain Analysis as follows:
4
• Prepare Flood Plain analysis to study the impacts, if any,on the flood plain. This
analysis will be based upon an existing APPROVED model, as previously
prepared for Arterial "A". We have made contact with the Engineer of Record
to preview this model. It is anticipated that the scope of the existing model will
not cover the entire trail project limits. Additional cross sections will more than
likely be required. The analysis will include the following storm events 10yr,
50yr, 100yr,and 500yr.
• Prepare a Cut/Fill analysis WITHIN the flood plain limits.
• Prepare Engineering report and submit to the City. The approval of the analysis
will be made at the local level with the City's Flood Plain Administrator.
1
Note: The above scope of nvrk assames a CLOMR and/or LOAIIR will not be irgmnd.
i
1.3 Regulatory Entitlement I Permitting
Upon City's approval of the construction drawings, specifications/project manual and
the OPCC, the Consultant will assist Client in filing the appropriate'plans and
documents with jurisdictional and regulatory agencies.
i
• Initial submittal includes: City of Round Rock three (3) sets 11"xl7" plans and
bound spec. manuals; TxDOT Austin District Design Office one (1) set 11"x17"
plans and bound spec. manual; TxDOT Austin Division Office one (1) set
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.2 of 12
1
is
c
t
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
11"x17" plans and bound spec. manual; ' Texas Department of Licensing and
Regulation (TAS/ADA review) care of a independent Registered Accessibility
Specialist (RAS) one (l) full size set 22"x34" plans; and Union Pacific Railroad
three(3)sets 11"x17" plans and bound spec. manuals. {
• Review all modifications requested by jurisdictional and regulatory agencies with
the City.
• Revise drawings and submit final documents to the appropriate agency(s)fo•final
a
processing,approvals and permits. Final submittal includes: City of Round Rock '
three (3) sets 11"xl7" plans and bound spec. manuals; TxDOT Austin District
Design Office one (1) set 11"x17" plans and bound spec. manuals and OPCCs;
TxDOT Austin Division Office seven (7) sets 11"x17" plans and bound spec.
manuals and OPCCs; and Union Pacific Railroad three (3) sets 11"xl7" plans
and bound spec. manuals. All submittals will include a written continent
response letter. i
• Once approved by TxDOT Division Review Office, the City shall receive a Letter
of Authority (LOA)allowing the project to be publicly bid.
1.4 Bidding
Consultant shall assist City during the bidding process.
1
• Coordinate the schedule for bid advertising,), pre-bid conference, addenda (if ;
applicable), and bid opening. i
• Prepare and organize bid solicitation and proposal forms consistent with the
City's requirements.
• Arrange for printing and distribution of the bid documents.
• Conduct the pre-bid conference and document the proceedings.
• Answer bid RFI's.
• Prepare and issue addenda.
• Attend the bid opening
• Review/evaluate bids including alternates and formulate bid tabulation.
• Provide written recommendation to City and TxDOT.
• Once approved by City Staff and TxDOT for award, attend City Council meeting
for award of construction contract.
• Assist with issuance of the Notice of Award and construction contract
documents/agreement.
1.5 Construction Management I Observation '`
Construction period assumed to be eleven (1 1) months. Consultant shall conduct bi-
monthly progress meetings to check on the status and quality of construction and to
determine in general if the construction is progressing in accordance with the
design intent and construction documents. The Consultant may periodically make l
additional site visits other than progress meetings. On the basis of its observations
while at the site, the Consultant will keep the City informed of the progress of i
construction and may recommend to the Client the rejection of work failing
conformance to the contract documents.
i
I
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.3 of 12 t
i
t
r
tIItI11111t11� � ' � � � '
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement #6047
i
a:
Consultant shall endeavor to secure compliance by the contractor to the plans and
specifications. Consultant shall not be responsible for construction means, methods,
techniques, sequences or procedures in connection with the work and Consultant
shall not be responsible for the contractor's errors or omissions or failure to carry #
out the work in accordance with the contact documents. City will provide and pay
for construction inspection and materials testing services. Consultant's civil engineer
shall assist City/Contractor in filing the TCEQ—TPDES/Notice of Intent(NOI).
l
This observation process shall include:
• Issuing the Notice to Proceed and assisting with acquiring executed contracts,
bonds and insurance from the contractor.
• Conduct and oversee a pre-construction meeting.
• Constructions observation -- preparation and processing of Requests for
Information, Change Proposals, Change Orders, Change Directives,
review/approval of shop drawing, submittals, samples and mock-ups (as l'
required).
• Conduct and oversee bi-monthly progress meetings. Total of twenty-two (22)
progress meetings.
• Conduct and oversee a total of three(3)called meetings. (`
• Review and 'approve contractor's monthly Application and Certification for
Payment.
• Coordinate final inspection(s) and walk-thru for substantial completion; issue
punch list and letter of substantial completion for incomplete items including i
t
time for completion.
• Coordinate and attend final inspection by TxDOT and TDLR. .
• Conduct final inspection for acceptance of project and issue letter of concurrence.
• Acquire final close-out documents, warranties, accurate as-built drawings and
other documents from contractor required to close-out project.
• Review and approve contractor's final Application(s) for Payment including t
retainage.
• Incorporate contractor's as-built drawings into Consultants plans and produce
final Record Drawing plan set for City. As-built plans shall consist of one (1) set
of mylar plans with hand-written changes indicated.
Field changes, change directives, change orders or any other changes during
construction of the Project initiated by the City, without prior written consent of the
Consultant, shall indemnify and hold harmless Consultant and its sub-consultants
from all claims, any damage, liability or cost, including reasonable attorneys'fees and
costs of defense,arising from such changes.
i
Opinion of Probable Construction Costs(OPCQ Disclaimer '
Opinion of probable construction costs provided by the Consultant are based on the Co7multant's 1
farad liwity with the construction Rndushy awl are provi&d only to assist the City's budget planning;
such opinions shall not be constnted to provide a guaraidtee or warranty of the actual const9ntctdon
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.4 of 12
t
l
i'
:
ttttttttttttr I I � I ' '
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE €
Agreement #8047
costs at lite time co)stniction.bids are solicited or comtractiott contracts negotiated. Unless expressly
ag?eed in w iting and, signed by the pa)Iies, no fixed limit of comshuction costs is established as a
co?ulttt0?t of this Agreement by the furnishing-of opinions of probable const?action costs. Throughout
the desig)t process the Consultant will.assist the Client in value ettghweting the 1Jroject a?td making
necessary adjustments in an effort to meet the project const-niction budget.
Services Not Included:
Client shall provide the following information or services as required for performance of the
s-
work. Consultant assumes no responsibility for the accuracy of such information for services
i'
and shall not be liable for error or omissions therein. Should Consultant be required to
provide services in obtaining or coordinating compilation of this information,such services
shall be performed as Additional Services. Additional Services shall only be provided if
previously authorized by the Client.
Additional Services may include,but not be limited to, the following:
• Preparation of Phased bid package(s)with reduced scope of items defined herein.
Including construction drawings and specifications.
• Traffic Impact Analysis.
• Traffic Control Plans.
• Construction Staking.
• Construction Materials Testing. 1
• Bridge Design(odrer than pre-engineered structures).
• Hazardous Site Assessments.
• Land Acquisition services.
• Easement acquisition or vacation including preparation of easement documents unless
defined within scope of services. t
• Legal Lot Determinations unless defined within scope of services.
• Preparation of multi-use agreement(s)and exhibits. z
• Assistance or representation in litigation concerning the property of proposed project.
• Conflict Resolution.
• Preparation and processing of Waivers,Variances or Exceptions.
• Services required after final acceptance of construction work.
• Environnhental study(i.e.,Phase 1 Permit).
• Permitting through Army Corp of Engineers (USACE) runless defined in scope of '
services.
• Revisions to drawings previously approved by the City and regulatory entities due to
changes in: Project scope, budget, schedule, unforeseen subsurface construction
conditions or when such revisions are inconsistent with written approvals or
instructions previously given; enactment or revision codes, laws, or regulations y
subsequent to the preparation of such documents.
• Preparation of presentation materials for marketing or purposes other than irr-
progress approvals.
r
t
)
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.5 of 12 j
s
z
i
s:
t�tr
a
BWMGROUP
PLANNING I LANOSACPE ARCHITECTURE
Agreement #8047
• Public or other presentations beyond those described in scope of services.
• Provide consultation, drawings, reports and other work products related to permits, t
approvals and ordinances not described in scope of services.
• Providing professional services for the Geld selection of plant materials.
• Gas,Telephone/Communication design.
• Design of utility extension(s)to the project site unless defined in scope of services.
• Providing services other than those outlined in scope of services.
B2.0 Surveying Services
T/ie con iltant shall notperlorin the services under this seclion runless the City issues a initten Notice to Awceed(NTP)
specifically for these services.
2.1 Research I Reconnaissance I Traverse Control Design
s:
i
Inland will attempt to research existing records available through the City of Round
Rock, Williamson County, Texas General Land Office or other sources for the
length of the project. The Williamson County Appraisal District data base will be
researched to develop a list of affected property owners. Inland understands that
the CORR will secure Right-of-entry for the listed properties.
Inland will generate a property schematic along the route of survey. This schematic
is not considered boundary level work and is for presentation purposes only.
Inland will establish a benchmark network to provide the vertical control datum to
be used throughout the project area. For the purposes of this project and to keep
data integrity and quality control measures with the varied design teams involved, it
is assumed that horizontal and vertical control will be developed from the use of 1'
GPS reference points reconciled to the CORR GPS Monument Network.
Inland will prepare easement plats with accompanying metes and bounds
descriptions for 4 parcels from the Dumas, Harris, Bison,and Elrod tracts along the
project route. Additionally, as a contingency task, Inland will perform boundary
surveys of the Lake Creek Park and Rabb House Park properties. These surveys
will consist of a plat of the reconstructed boundaries with a metes and bounds
description for each. This task is contingent upon the necessity thereof based on
Sect. 106 of the NHPA and classification as Section 4(f)properties.
l
2.2 Perform Field Data Collection I CAD Drawing i
Inland will perform field work necessary to gather the requested data along the
route of survey. All data will be gathered electronically by the use of GPS,
conventional, and digital levels and input directly to Inland's processing software.
Data to be collected will include: Existing edge of pavement and curbs, drainage
features, driveways, fence lines, VISIBLE utilities only and designations of
x
1
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.6 of 12
t
wwrlwB
BWMGROUP l
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement #8047
respective owners provided in a timely fashion, land features and grade breaks,and
trees being 8" dbh or greater in diameter. Office technicians will conduct QC
reviews to insure data integrity and generate a contour map of the area at Hoot
intervals (vertically).
Inland will generate an Autocad drawing of the gathered information to a specified
scale. The product will be delivered in electronic file format. Inland will utilize the
CORR electronic GIS database information of the existing utilities in the project i
area and associate the mapping files as a final product.
B3.0 Geotechnical Investigation Services
The cotimilont shall not imi forni the services under this section unless the City issues a wiitten
Notice to Proceed.(NTP)specifically for tldese services.
3.1 Field Investigation
Based on available geologic information and nearby boring data, the project
alignment is likely underlain by alluvial deposits, further underlain by Austin
limestone to the east,and possibly Eagle Ford clay and shale at the west end of the
alignment. As requested,we propose the following drilling scope: Bridge
Abutments =two(2),25 ft.deep borings,Trail = 15(fifteen),5 ft.borings,Pavilion =
tvvo(2),25 ft. deep borings.
3.2 Laboratory Testing
Laboratory tests(natural water content determinations,Atterberg limits,and partial
gradation analyses)and fi-ee swell tests will be performed to classify soil strata and to t
evaluate plasticity and shrink/swell potential. Unconfined compression tests will be
conducted on selected intact soil and/or rock specimens to evaluate the compressive
strength of the subsurface strata.
3.3 Engineering Report
Engineering analyses of the results of the field and laboratory data will be made to
develop foundation design criteria and construction recommendations for the
pedestrian bridge abutments and two pavilion structures,and pavement thickness l
design and construction recommendations for the trail based on subgrade
conditions. Specifically,the report will include:
• General subsurface conditions, discussion of site geology, boring logs with
descriptions of strata and laboratory test results,and water levels obtained at the
time of drilling. f
• Boring location plan.
• Recommendations for abutinent wall design including equivalent lateral #
pressures, allowable bearing pressures, allowable footing sliding resistance and
external stability analyses.
• Recommendations for pavilions including allowable bearing pressures and
equivalent lateral earth pressures.
• Trail pavement thickness design based on the subgrade structural number; and
• General pavement construction and earthwork requirements.
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.7 of 12
i
k
F
1
ww�■r
BWMGROUP
i
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047 '
i
i
4
E
An electronic(PDF)copy and four(4) hard copies of the report will be submitted
unless otherwise requested. Construction testing services are not included in this
con tract. 1'
i
i
i
B4.0 Environmental Services(Scope 1)
The consultant s1mll not pe)forni the services under fids section unless the City issues a written
Notice to Proceed(NTP)sjiecifically for these seroices.
i
4.1 TxDOT Categorical Exclusion
An Environmental Assessment will be prepared according to the guidelines and
requirements of projects that qualify as Categorical Exclusions under TxDoT
requirements(attached as Appendix A). We propose to provide these documents
in support of the construction of the proposed recreational trail. If it is determined
that the project does not qualify as a categorical exclusion,or if significant
environmental impacts are encountered,additional efforts will be required to satisfy
the environmental assessment requirements. Refer services indicated in section
ASLO Environmental Services(Scope2). At this time it is assumed that all impacts to
waters of the US will be avoided and utilization of Nationwide Permit 42 will not be
required. If unavoidable impacts are encountered permitting efforts with the US
Army Corps of Engineers will be required at an additional cost. Refer services
indicated in section AS2.0 Environmental Services (Scope 3).
4.2 Section 4(f) Evaluation `
Three(3)Section 4(f)properties may be affected by the project. A determination of 1
significance will be accomplished in accordance with Section 5 of the TxDOT '
Environmental Manual (attached as Appendix B). Section 4(f) evaluation -also
involves public involvement and additional environmental documentation as well as
coordination and review by the Federal Highway Administration, Department of the
Interior, Department of Agriculture, and Department of Housing and Urban
Development. 1
4.3 Cultural Resources Survey
Because the project will be funded by TxDOT, a Texas Antiquities Committee
(TAC) permit will be necessary to conduct the field survey of the proposed trail
system. This involves submitting to the Texas Historical Commission (THC) a TAC
permit application and proposed Scope of Work that is signed by the archeologist,
project sponsor,and Iandowner. Subsequent to the acquisition of the TAC permit,a
2-person archeological field crew will conduct an intensive cultural resources survey
over the proposed trail system. This will entail intensive surface inspection as well as
subsurface shovel probes. The surveyed areas will also include those under the
jurisdiction of the US Army Corps of Engineers (USAGE) in order to comply with
9
(
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.8 of 12
1
l
BWMGROUP
is
PLANMNG I LANDSACPE ARCHITECTURE
Agreement #8047
any necessary permits issued by the USACE. Field notes will be maintained on
terrain, vegetation, soils, land forms, shovel probes, cultural material observed, etc.
Standardized shovel probe forms will be completed for every shovel probe. These
forms will include location data, depth, soil type, and notations on any artifacts
encountered. Digital photographs with a photo log will also be completed as
appropriate. If any new sites are recorded, standard site forms will be completed
and filed at the Texas Archeological Research Laboratory (TARL) for permanent
housing. Sketch maps will also be completed for any documented sites. The
location of all shovel probes and sites will be recorded via handheld GPS units
utilizing the UTM coordinate system and the NAD 27 map datum. The survey will
primarily utilize a non-collection strategy. As such, all encountered non-diagnostic
artifacts (e.g. lithic flaking debris, burned rocks, etc.) will be tabulated and assessed
4.
in the field. Following this, the non-diagnostic artifacts will be placed back where
they were found. Any encountered diagnostic artifacts (e.g. ceramics, formal fithic t
tools, etc.) will be brought back to Horizon's office for analysis and documentation.
A report of investigations will be produced in conformity with the CTA Guidelines for
Cultural Resources Managevient Repoats. This report will detail the archival research,
methodology, and results of the intensive survey. It will also report the assessed
w
eligibility of any recorded sites for formal designation as State Archeological
Landmarks (SALs) and for inclusion on the National Register of Historic Places.
Four copies of the draft report will be produced: I copy for the USACE (if
required), 1 for the THC, 1 copy for TxDOT, and 1 for client review. The final
report will include 20 copies to the THC in partial fulfillment of the TAC permit
requirements.
r
4.4 Environmental Services—Archeological Investigation
Consultant will perform services below based on archeological findings from initial 1
investigation:
• Additional Survey Site BC-1 l
• Additional Survey Site BC-2 i
• Testing Site 41 WM1028 (includes field,lab work,and reporting)
• Testing Site BC-1 (includes field, lab work,and reporting `
• Testing Site BC-2 (includes field,lab work,and reporting)
• Backhoe Rental &Operator u
Services Not Included:
r
• TxDOT Environmental Assessment(refer section ASLO).
• Nationwide Permit 42 (refer section AS2.0).
• Archeological sites discovered during initial cultural resources survey of i
proposed trail system that require additional investigations such as SAL/NRHP ,
eligibility testing.
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912p www.bwmgrp.com Pg.9 of 12
t
(
Ili III
BWMGROUP
PLANNING 1 LANDSACPE ARCHRECTURE
Agreement #8047
• Any diagnostic artifacts collected during the survey would need to be curated at
an approved curational facility. Curation includes standardized preparation j
and labeling of field notes, photographs, and cultural materials. As the amount
of recovered cultural materials (if any) cannot be pre-determined, this Scope of
Work does not cover the costs of processing artifacts for curation, the
negotiation of a curation agreement with TARL,or TARL's curation fees.
• An in-depth review of historical documents, maps, or oral interviews that may
be necessary to adequately define any historic-age cultural resources that may be
present within the Project Area. As such, if any historic-agc structures or
historic-age sites are documented, a new proposal and costs that would cover a
detailed review of historic records such as deeds, chains-of-title, etc. will need to
be submitted.
• According to the THC guidelines, mechanical trenching efforts are required in
areas of deep alluvium. If deep alluvial settings are found to be present along j
the ROW, additional trenching efforts may be required. Such efforts are not
included in this cost estimate.
i
ASLO Environmental Services (Scope 2)
The consultant shall not perfoini the setvias wider this section unless the Ci p,issues a witten Notice to Proceed(NTP)
*a#2'caly1 for 115ese services.
1.1 TxDOT Environmental Assessment
If it is determined that adverse impacts cannot be avoided, it is likely that TxDOT
will require an Environmental Assessment (EA) to be prepared instead of a Cat Ex n
document. The EA process is considerably more comprehensive than the Cat Ex
and incorporates a more detailed environmental report, alternative analysis, state
and federal agency consultation and significant public involvement. Details of the
EA approval process are provided on attached Appendix C. l
AS2.0 Environmental Services(Scope 3)
The mmullaul sl5all notpeiforw the services under t/iis section unless the City issues a willen Notice to Proceed(NTl')
specifically,jar these seiWas.
l
2.1 Nationwide Permit 42 (USAGE)
If impacts to waters of the US are unavoidable under the conditions associated with
the applicable Nationwide Permit, preparation of a permit application and
supporting documentation will be warranted. If required, Horizon will prepare the
preconstruction notification (PCN) and Nationwide Permit for submittal to the
USAGE. The current estimated time frame for processing of a Nationwide Permit l
for projects of this size is approximately 8 months but is highly dependent upon the
individual project manager assigned to us and their respective project load at the
time. It is our understanding that it is your desire to avoid this PCN process and
j
we will help you to design the project so as to avoid the need for coordination with
USAGE.
t'
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912p www.bwmgrp.com Pg. 10 of 12
i
r
BWMGRCUP {
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
APPENDIX A: Section 3 - Categorical Exclusion
(Source:TxDOT Environmental Manual)
Overview
l
This section contains the following information concerning categorical exclusions (CE):
e
• requirements for a CE
• exceptions
• types of CEs
• CE documentation content
• CE approval process.
9
Requirements for a CE
i'
A project may be eligible for a CE if it:
• is a maintenance or rehabilitation-type improvement
9
• involves a minimum of public impact
• has little or no right of way to acquire and does not require the relocation of a large
number of people
• does not involve significant social,economic, or enviromnental impacts.
i
Exceptions
Any action normally classified as a CE,but that could involve unusual circumstances,will require
environmental studies to determine the appropriate level of environmental documentation.
These unusual circumstances are limited to the following:
• substantial controversy on environmental grounds
• significant impacts on properties protected by Section 4M of the DOT Act or Section
106 of the National Historic Preservation Act
• inconsistencies with any federal,state,or local law,requirement,or administrative
determination relating to the environmental aspects of the action
Types of CEs i
E
There are two types of CEs,as shown in the table below.
i
i
:
r
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg. 1 of 5
i
r
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
f
s
k:
CE Type
Types of CEs l Example Projects
blanket CE(see the indicated traffic signal replacement, guard rail installation,guard '
subsection below) rail/median repair,seal coats
..._... . . ....... .... ..... .. .. ..._.... _.... . ... . ...... _... . .._ ......_ _.._ .... .__.._ .. . ..... .._ .._.._..._ ....._ ....... _ .. ..._ is
CEs typically requiring
environmental documentation
bridge replacements,added shoulders,auxiliary lanes such as
("regular" or programmatic right-turn or center left turn lane–passing lanes
CE—see the indicated
subsections below)
Blanket CE 1`
1
Blanket Categorical Exclusions are for those projects that usually do not require environmental
documentation. Blanket CEs include:
• Roadway CEs with the following activities:
o emergency repairs under 23 U.S.C. 125
o approval of utility installations along or across a transportation facility
o landscaping,overlays, traffic signals and median barriers
• Public transportation CEs with the following activities:
o installation of fencing,signs,pavement markings,small passenger shelters, f
traffic signals,and railroad warning devices where no substantial land
acquisition or traffic disruption will occur
k
o bus and rail car rehabilitation
o alterations to facilities or vehicles in order to make them accessible for the
elderly and handicapped
o ridesharing activities.
1:
Other blanket CEs may be issued for activities that do not involve or lead directly to
construction, such as planning and technical studies and the acquisition of scenic easements.
F
CEs Typically Requiring Environmental Documentation
For CEs typically requiring environmental documentation, the documents are prepared in the t'
form of a descriptive memo or brief environmental document demonstrating specific conditions
for classification as a CE(ENV will assist in identifying the appropriate level of documentation).
1
i
t
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.2 of 5
i
i
l
_. 111 III
t
RWMGROUP
4
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
1'
The types of CEs typically requiring documentation include roadway CEs with the following
activities:
i
• modernizing a highway by restoring,rehabilitating,reconstructing,adding shoulders,or
adding auxiliary lanes(e.g.,parking, turning,climbing)
• highway safety or traffic operations improvement projects
• rehabilitating,reconstructing,or replacing a bridge or constructing grade separation to
replace existing at-grade railroad crossings
• adding travel lanes to rural roadways within existing right of way or with winim al right
of way required when FHWA or ENV concurs that the CE designation is appropriate
• building transportation corridor fi•inge parking facilities
• constructing new truck weigh stations or rest areas
• changing access control
• public transportation CEs with the following activities:
• constructing new bus storage and maintenance facilities in areas used predominantly for
industrial or transportation purposes
• constructing bus transfer facilities located in a commercial area or other high activity 1
center in which there is adequate street capacity for projected bus traffic
• non-mode specific CEs with the following activities:
• disposing of excess right of way or for joint or limited use right of way,where the
proposed use does not have significant adverse impacts i
• acquiring land (a particular parcel or limited number of parcels)for hardship or
protective purposes.
NOTE:These types of land acquisition qualify for a CE only where the acquisition will not limit
evaluating alternatives, including shifting alignments for planned construction projects that may
be required in the NEPA process. No project development on such land may proceed until the
NEPA process is complete.
CMAQ Projects
,
CMAQ projects are no different than other projects,and must comply with environmental
regulations. Most CMAQ projects qualify as CEs.
Major CMAQ projects,such as HOV lanes or grade separations,need environmental
documentation and must go through the NEPA process.
s`
d
Programmatic CE
TxDOT and FHWA agree that on projects meeting certain criteria,a programmatic agreement
may be used that allows ENV to approve federally funded actions as CEs, provided that certain
conditions are met.To qualify for a programmatic CE, the action must:
• conform to the SIP that is approved by EPA in air quality non-attainment areas
a
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.3 of 5
t
t
:
(
l
E
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement #8047
• be consistent with the state's Coastal Management Program
• not impact any federally listed endangered species or their designated critical habitat '
area.
Programmatic CEs can also be used in actions that do not involve:
• unusual circumstances as described in 23 CFR 4771.117(b)
• more than the acquisition of minor amounts of temporary or permanent right of way,
usually without any commercial or residential_displacements
• any changes in access control
• the use of a temporary road,detour,or ramp closure, unless the use of such facilities E
satisfy conditions for access as outlined in the programmatic agreement 1
c
• known hazardous material sites within the right of way.
r.
Programmatic CEs are not permitted in actions that involve:
f
• any property protected by Section 4(f)of the Department of Transportation Act(49
U.S.C. §303)
• a determination of adverse effect by THC/SHPO on any property determined eligible
for the National Register of Historic Places s
• a USCG Section 9 permit or any individual USACE Section 404 or Section 10 permit,or 1
a Nationwide Permit 23
• Construction in,across,or adjacent to a river designated as a component or proposed
for inclusion in the national system of Wild and Scenic Rimers published by the U.S.
Department of the Interior/U.S. Department of Agriculture.
CE Documentation Content
w
The following information should be included in the environmental documentation prepared
for CEs.The information should be presented in the order listed below:
l
1. purpose and need of the proposed action,including existing and proposed design
2. description of surrounding area
3. specific area of environmental concern
4. required federal,state,and local action
5. Socioeconomic reasons—describe anticipated relocations,displacements,and right of
way requirements. Document efforts taken to meet the requirements of Executive Order
12898 on environmental justice and Executive Order 13166: Improving Access for
Persons with Limited English Proficiency.
6. public involvement
7. conclusion '
8. exhibits, including: a location map and a typical section, USGS quad sheet---location,
photos with legend description locator, and Section 4(f)evaluation, if any.
102 East Main Street Suite 200 Round Rock,Texas 7866,4 512.238.8912 p www.bwmgrp.com Pg.4 of 5
t
BWMGROUP
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement 18047
CE Approval Process i
The following is the step by step CE approval process:
1. The district submits CE to ENV for review and completes any necessary early
coordination.
2. Resource agencies complete review and coordination (if necessary).
3. Document is revised (if necessary).
4. All necessary public involvement requirements for CEs are completed prior to CE
approval.
5. ENV approves programmatic CEs and state ocally funded CEs, i.
G. FHWA or FTA(on transit projects)approves all other CEs using federal funds.
i
i
i
i
f.
R
8
h
gg
d'
}}
l
y�y
i
2y,
yIy'
4.
ll
F
k
k
102 East Main Street Suite 200 Round Rock,Texas 7866.4 512.238.8912 p www.bwmgrp.com Pg.5 of 5
x'
i
Y-
BWMGROUP
i'
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement #8047
l
APPENDIX B: Section 5 - Section 4&Section 6(f
(Source:TxDOT Environmental Manual)
x
Overview
i
This section contains information on how and why to prepare a Section 4(f) evaluation and
Section 6(f)documentation.
;
Authorities
Section 4(f)of the U.S. Department of Transportation Act of 1966 states that FHWA may not
approve the use of land from a significant publicly owned park,recreation area,wildlife or
waterfowl refuge,or historic site. However, if a determination is made that there is no feasible
and prudent alternative to the use of land from the property and the action includes all possible r
planning to minimize harm to the property resulting fi•om such use,then the taking may be
approved.
Use occurs when land from a Section 4(f)site is acquired for a transportation project and:
}
• there is an occupancy of land that is adverse in terms of the statute's preservationist g
purposes; or r'
• the proximity impacts of the transportation project on the Section 4(f)site,without
acquisition of land,are so great that the purposes for which the Section 4(f)site exists x
are substantially impaired.
Land and Water Conservation Fund Act(Section 6[f))
Y
The act establishes a land and water conservation fund to assist local,state,and federal agencies
in meeting the demand for present and future outdoor recreation sites.This is done through
grants for land acquisition, park amenities,and other park development costs.
z
Once a city,county,or agency has used Section 6(f)for funds,either the land or the park i
appurtenances cannot be elitninated or acquired without coordination with the National Park
Service(NPS)and mitigation that replaces the eliminated items.The mitigation must be at least
at a ratio of 1:1,for both quality and quantity. '
Section 4(f)Applicability of Parks,Recreation Areas,etc. (Non-Cultural Resources)
i
Publicly owned land is considered to be a park, recreation area,or wildlife and waterfowl refuge c
when the land has been officially designated as such,or when federal, state,or local officials
having jurisdiction over the land determine that one of its major purposes or functions is for
park,recreation,or refuge purposes. '
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg. 1 of 4 E.
i
i
BWMGROUP l
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement #8047
Incidental,secondary,occasional,or dispersed recreational activities do not constitute a major
purpose. For the most part, "officials having jurisdiction" are the officials of the agency owning
or administering the land. g
l
"Significant' Property Status ?
"Significance" determinations on publicly owned land considered to be park,recreation area, or
refuge,are made by the officials having jurisdiction over the land.The significance jl
determination must consider the significance of the entire property and not just the portion of
the property used for the project.
Significance means that in comparing the availability and function of the recreation,park or
refuge area with the recreational,park,or refuge objectives of that community,the land in
question plays an important role in meeting those objectives.
If a determination from the official with jurisdiction cannot be obtained,the Section 4(f)land
will be presumed to be significant. j
E
Park,recreation land,and refuge, as well as historic site designations and determinations of
significance sometimes change late in the development of a proposed action. FHWA may permit z'
a project to proceed without consideration under Section 4(f)if the property was acquired prior
to the change in designation or significance and if an adequate effort was made to identify
Section 4(f)properties prior to acquisition.
Section 4(f)Applicability to Cultural Resources
In addition to Section 106 of the National Historic Preservation Act,Section 4(f)regulations may
also apply to cultural resources.
• Applies to projects that require the use of land fi•om a property listed or determined
eligible for listing on the National Register of Historic Places.
• Section 4(f)use of a historic property occurs if project meets any of the following
conditions:
i
o Land from a historic property will be acquired.
o A project contains one or more historic properties within the project limits.
o A project will cause a"constructive use" to a historic property by substantially
impairing or reducing the historic significance of the property through j
proximity impacts.
4
Exception to Section 4(t)Applicability i
Generally,a Section 4(f)applies whenever a project will require use of a historic property, j
regardless of whether a project is determined to have"no effect," "no adverse effect," or
i
j
k
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.2 of 4 e
i
s
E
E
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement 18047
4
"adverse effect"on historic properties as a result of THCJSHPO coordination process.The
exceptions to this are as follows:
• For historic bridges and transportation facilities(i.e.,roads, culverts, etc.),a project must
have an adverse effect on these properties for a Section 4(f)to apply.
• For archeological sites,Section 4(f)only applies ifTHCWSHPO determines that a
significant archeological site warrants preservation in place. Because THQSHPO
determines that most archeological sites are significant for the information they may
yield (and not for their preservation in place),most sites are not subject to Section 4(f) {'
j
evaluations.
• For traditional cultural properties(historic properties that are of traditional or cultural
significance to a federally recognized Indian tribe) that warrant preservation in place.
k
Section 4(f)Evaluation Content
lW
Section 4(f)documentation must include the following information in the listed order:
1. proposed action
2. describe the 4(f)property:
o detailed map or drawing
o size and location of impact(existing park and remaining park)
0 ownership and type of property(park, historic,etc.)
o function of activities for property
o description of all existing and planned facilities
o access and usage
o relationship to other similar lands in the area
o applicable clauses affecting ownership,such as lease,etc.
3. unusual characteristics that either reduce or enhance property value of the section 4(f)
property
4, avoidance alternatives
5. measures to minimize harm
6. coordination
t
NOTE: For more information on Section 4(f)evaluation formats, please see FHWA
Technical Advisory T6640.8A. 4?
Supporting information must demonstrate unique problems or unusual factors involved in the
use of alternatives avoiding the 4(f)property or the cost,social,economic,and environmental
impacts,or community disruption resulting from such alternatives reach extraordinary
magnitudes.
f
102 Past Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.3 of 4
t
s
BWMGROUP
PLANNING 1 LANDSACPE ARCHITECTURE
Agreement 118047
Coordination of the Section 4(f) Evaluation
i
Section 4(f)evaluation should be sent to the officials having jurisdiction over the Section 4(0
property for coordination and comment, FHWA for review by the Department of the Interior,
and,as appropriate, to the Department of Agriculture and the Department of Housing and
Urban Development. ENV sends the Section 4(f)evaluation for interagency comment.
FHWA has established a minimum of 45 days for receipt of comments.
Programmatic Section 4(f) Evaluations
Programmatic Section 4(f)evaluations may be prepared for projects with minor impacts on
public parks,recreation lands,wildlife and waterfowl refuges,and historic sites, provided that
the project meets FHWA's programmatic thresholds.
i
Projects that meet these thresholds are still evaluated in a 4(f)evaluation, although it is not
reviewed by the agencies listed above,with the exception of FHWA. 1
r
Approval of Section 4(f)and Section 6(f)
Following review of the programmatic Section 4(f)and the review and analysis of comments,
FHWWs Texas office approves the Section 4(f)document. For other Section 4(f)evaluations, u
FHWA's headquarters approves the document after the review and analysis of comments.
Section 6(f)requirements are typically satisfied with Section 4(f)mitigation.
k
k:
j;
F
%gg
2
f
k'
2
y'
y
%
4
Y
E:
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.4 of 4
r
R
i;
g,
I
F,
BwMG ROUP
PLANNING I LANOSACPE ARCHITECTURE
3
Agreement #8047
F
APPENDIX C: Section 4-Environmental Assessments/Findings of No Significant Impact
i
(Source: TxDOT Environmental Manual)
t
EL
f
Overview
F
I
This section explains the criteria for environmental assessments(EAs)and findings of no
significant impact(FONSIs), and the approval process for preparing and completing EAs and
FONSIs.The following subsections are included:
l:
• EAs
• FONSIs s
• EA documentation content
• EA/FONSI approval process.
s
EAs ¢'
EAs are prepared to:
k
S
• determine the nature and extent of social,economic,and environmental impacts for
projects that do not meet the requirements for CE designation,and for which the extent
of impacts isnot readily discerned
• provide sufficient evidence and analysis for determining whether to prepare an
environmental impact statement(EIS),or whether the FONSI is sufficient
• serve as an early coordination document, providing interested citizens and resource
agencies sufficient information to elicit reasonable comments that can be further
addressed in EIS.
i
The following actions typically require an EA.-
0
A:• Highway projects adding travel lanes(increased capacity)within existing right of way or i
requiring more than minor amounts of right of way.
• New highway projects of less than four lanes on new location, s
• Major action projects requiring an EIS benefit from the early preparation of an EA as a
coordination document(see EIS discussion).
FONSIs
A FONSI usually completes the environmental process and will typically be granted once the public
involvement requirements are met and final endorsement by ENV or FHWA received.
a
fr
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg. 1 of 4 '
1'
t
g
(
BWMGROUP
i
PLANNING I LANDSACPE ARCHrrECTURE `
Agreement #8047
k
A FONSI is nol issued at the conclusion of the EA,when it is determined that significant
environmental impacts will occur as a result of the project. In this case,an EIS is developed.
l'
L
EA/FONSI Approval Process
The EA/FONSI process is listed below:
1. Districts contact resource agencies for preliminary information,with the exception of f
THC/SHPO.
2. District conducts early public involvement,such as public meetings, as appropriate, to
assist in the identification of alternatives
3. The district submits EA for ENV review.
4. Any necessary revisions are made to the document.
5. Resource agency review/coordination is completed.
6. ENV/FHWA approves document as"satisfactory for further processing."
7. The results of the EA are communicated to the Texas Review and Comment System k
(TRACS). k
8. The district notifies the state intergovernmental review contact(COG, MPO)of the ENs
availability.
9. The district proceeds with formal public involvement(public hearing or opportunity for
public hearing). i.
10. The EA(revised if necessary),all public involvement documentation,and any necessary
revisions are forwarded to FHWA(for federal projects) or to ENV (for state/locally x
funded projects). If the state-funded project is located along an interstate highway and
involves changes in access,the EA is forwarded to FHWA.
11. ENV or FHWA grants the FONSI; ENV notifies the district and TRACS of the FONSI
issuance.
12. The district furnishes a notice of availability to the state intergovernmental review
contact.
EA Documentation Content
j
EA documentation is more detailed than that provided in a CE,because an EA must consider
alternatives to the proposed action.The scope and content of an EA depends upon the type of
project proposed,its scale,and the potential for environmental impacts and controversy.
The following information should be included in the environmental documentation prepared l`
for an EA.The information should be presented in the order listed below:
(
I. cover sheet
2. purpose and need for action
3. alternatives considered
4. right of way requirements,cost and funding source
5. description of the project area
6. potential impacts
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8412 p www.bwmgrp.com Pg.2 of 4
V'
Y
1
(
BWMGROUP `
i
PLANNING I LANDSACPE ARCHITECTURE '
Agreement #8047
t
7. natural and human environment
8. For socioeconomic potential impacts—describe how the proposed project is in
compliance with Executive Order 12898 on environmental justice.
9. appropriate mitigation measures/commitments(if needed)
10. publiclagency comments and coordination '
11. Section 4(f)evaluation(if any---see this subsection in Section 4 for more information)
12. Public involvement—summarize public involvement efforts and results,describe how
public involvement activities are in compliance with Executive Order 13166 on limited i
English proficiency.
13. conclusion j
14. appendices(maps,typical sections, photographs, USGS Quad sheets).
The content of an EA is based primarily on the type of project.An EA may be a simple
document with a build/no build alternative,or there may be several more complex location and
design alternatives. While an EA is not as complex as an EIS,the content guidelines in Section 7
may be used to determine the type of analyses needed and the extent of those analyses.
Following is a sample EA outline.
Chapter 1: Purpose&Need for the Project
A. Purpose of the Proposed Project(who proposes to do what,where, when; focus k'
I.
on the basic features of the project regardless of the alignment) is
B. Need for the Project(explain why this project ought to proceed; explain the
unsatisfactory condition of the existing facility description)
C. Objectives of the Project(describe the desired outcomes)
D. Focus of this Environmental Analysis(identify and explain what are the s
relevant environmental issues)
D,1 Planning Process(present a brief history of the public involvement process)
D.2 Related Studies and Relevant Documents (list and briefly explain the purpose and r
content of these studies/documents as related to the project)
D.3 Issues Studied in Detail (list and briefly explain why each why each issues is an
unresolved!conflict)
DA Issues Eliminated from Further Study (list and briefly explain why each issue is not an
unresolved conflict) x
E. Applicable Regulatory Requirements and Required Coordination(list and
briefly explain each regulatory requirement and coordination responsibility)
Chapter 2: Description of the Alternatives
A. Process Used to Develop the Project Alternatives `
B. Requirements for and Benefits of Alternatives(Identify Alternative
Characteristics)
B.1 Principal Design Requirements R
t
B.2 Desired Design Benefits
B.3 Environmental Protection and Enhancement Requirements
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.3 of 4
R
F
G
b
BWMGROUP
PLANNING I LANDSACPE ARCHITECTURE
Agreement 88047
C. Alternatives Eliminated from Detailed Study (include why)
D. Detailed Description of Reasonable Alternatives l
D.1 Alternative A: No-Build
D.2 Alternative B: Build Alternative #1
E. Description of Other Relevant Actions (cumulative actions introduced)
Chapter 3:Affected Environment&Environmental Consequences
A. Name of Issue#1
A.I Existing Conditions
A.2 Environmental Consequences of Implementing Alternative A(No Build)
A.3 Environmental Consequences of Implementing Alternative B (Build) {`
B. Name of Issue#2
B.1 Existing Conditions
B.2 Environmental Consequences of Implementing Alternative A(No Build)
B.3 Environmental Consequences of Implementing Alternative (Build)
X. Summary and Comparison of Potential Effects*—Matrices—Tables—Drawings— s'
Other data presentations*The CEQRegulalions in§1502.14 refers to this section as the heart of the r
F
d ocurr►ea►t.
x
Chapter 4: Recommendation of the Preferred Alternative
i
A. Identification and Rationale for the Preferred Alternative
A.1 Preferred Alternative(identify the preferred alternative.in one sentence)
A.2 Support Rationale(explain your reasons for selecting the preferred alternative)
A.3 Mitigation and Monitoring Commitments (list and explain if necessary all mitigation and
monitoring that are part of the preferred alternative)
A.4 Recommendation for Alternative Selection and for a FONSI (write something like the
following) TxDOT reconunends implementation of Alternative B: Upgrade US 59 to 4-Lane
Divided Highway (Build) based on the information in this EA and in this project's '
Administrative Record.
TxDOT requests that FHWA find that implementing Alternative B would not be a major
Federal action significantly affecting the quality of the human environment and thus issue a a'
Finding of No Significant Impact(FONSI)for this project.
F
t
f
1:
102 East Main Street Suite 200 Round Rock,Texas 78664 512.238.8912 p www.bwmgrp.com Pg.4 of 4 i
i`
W t\
_ w O
owwwo
d
O a
Room0 a E
IN
IN O
'w .:;'�^a •„- .1i -s:E .. `t'.;r ..'x "$` !•r7:s,;�x; ;k:K,-„-s�a..i ri«.� <wH.:�”`r`[' ";a�',..da •'.xa;;;y"ti-.xwas: .'-�at.s T�.s•w,.x x>:��,} tiI a
+�+,. �...s��,. r�.. -;;>:"-'i
3
m 2 i 1�I�t U ���I i t�.�i E �� ,S-i 11 a.i�f�.,I.:�ht• l�rI I.�JJ`�,,'I'`I5.1..IJ JJ t`�.s.�.� ,��a*I�.I �1-� 1' �,J Il�����;.Iy,IL:;.S..iJ„1jF I}�,.�.�I.,m�J E l .�l
waem...oe.o�taR-ti,:+:A,�a,,ou.
[.y 4'' x"ctA � "^.?. T`3- :+'•r�`.4 t�t,.,.:+✓) � � \ �x.L{,�� tL t J ^Y i r�t' i..k.J. � T�`�1 ,.ii'a .i.'u�.'�.L � �Y, Yti�1'�:� d��"n"",�•��.•+"+.
.a+.y_ �'
Z '�1� S.-r •`'ti 3,s�y[ � '�`?"l'�,,1�..x.,. 5.. �'.�t�'�.c,'°�a ak.;�.r�ajk �x..:. ���`•cr'k�'�1',i k'i*.'* ,i ham; �f'�}, }.P t.ttv''�',e{}J, �:rz.�.3+T`r' �..,a�r'
.'.�7 `,`es 'c.,ii'..'a.
d i_ .[r•'. .�;. .,,.. .a,...z:. .�t s'1 sem., .�•�.' � ���,n-- ,:M ti�v� i � r�. _. �w3�?+t..�t,r f��>Wwl._ t -- '
• ,,rI !a` I�.+:�7ItI.ik t �- ;.�'� 1,,,.':,� �' " ,' Id,�,�..I,�,1 �' 1 T I - .y!�i, .1,� '''�� IiJ�I,-J. �,Fa„r ISI; d• ..:emsrep«rws«w
..=,•J g..-..,.
*z:?..>_�:7�'`t.�i<�:�,. �-,S �"�,.,�-h` a�S.:.`�3k :E;z.•t�3t.`�,.:..',.r''� s�^�r'.t �y c��'_s h�:�+�;�+.��a,. :o�s�a�.����e?�`3�'"z..,���,.•..��ss::� a�kR4.c��
_ ._ni •'.�+�J
III I II i I:'I I !! I I I I' IT Tis.ipiirb�perpl�� O.
W11; t: I: >yn.w cit
II I 11 ti !, 11 11HI1 III T!1 FI I zI !ill "W"" a
I W
h�n!i4�i t t-1I-� �:.}� ��._I�' "'i�;i��`� Y� k� * �'��"'h K•"�� � I �.�.f 1'.3�.' -x �•e „ Itifw�+ ✓t�E,ti i�'_..�..t �.'.�4r..2` hy:.�I►� ...,.,,,..-.........1.,.
t`W'1
.� rr: iC ,:-p .'....ti.,a U 'w, i +�"�.:•:'' 11-11T` }x{Lai•=' c 3: � �}•...�i 3c 11. 7 .:•4:'7x. i;;, Yj.•z .PSS�.,m r'"- .L.^'t _.-_-.:2 :. _,:tixhN.Y.N4.�T•YC
.•.v m.... Cit
�.ul ,� i •ITT.", `:1� I I i �I i ! ��.li r_c,• .T
i I I I' i I: .i v. [t)
I f
:.��.31 1 x'f irk' i ti 1T •. �'Cr S .a"iv. a}n4':^'y e + :.5r '`�;5!�v "'v k... N'ys3v-i<e,' ,xl''' A..� �•4 :*Lz f}i'..?:. Tr'" `.
� _,x... >✓ v,3 �,.;.a , &cfY Sz ,•.ti .� .. ,.t-rr t } X ..��.�x..c�.-w3°/� .e.....w-..-.x.._ �.;t V
11 I I i I I-:'"� �+I' �, I . .s, r� ' .j I.:I� ��:L� a •c -�. _ .4, � m ��t
I1. '�� I: I 'lil� I •I i II I II �•��II i �"'" - �
anp
;i�4 •� F?R"'�� �..''..:� .:.:.: �, ��" I.'yu ,� �'A'. },�� �< •ria��S�i•t&�l +;e;•JC t'�a t' � 1Y .�?T� 'c.., u.S� x dKc >�'?�.as- ;` F-:tC: �.�� wpr:•,<:
y{R rr. .�v „� h"� Wi 4 �.i�i5�`nFA � ����?4 �Cr ''•,•-S. `SS �� T s�lE� h t�ySTn�[�4. d P� ,^� 1'�1 �3 1
...I i.I.I.Xc,I�-'a�..��.:..fi:k`v' 'r"�•"S?5� .�:�`..!rrbf s'' R: '?',��'4�+.sy r�ifa'rE3"2�i.. .rt'fr'.a`? r. ,3!I:?'I c I.�§?'s�,'yt's.ti '' ITill
ll a�sI?:ttII•• '� =, ;�(a��
r
i! W W11 i! il 11HI I itI ! !I f HHOW11 I
I � I AljIKIIj ji I 11, 11 K IwuM[wcRGN �i Y
!: H I ;t : ! I;I!i i i i Wll II I I !. .3 i1 [warty s
O
i, 1 7 :1 :f, II III I I I I —Rant ry o
'yl. ...{ •-1.. � ., !T• �.+.,.';S I } I ,:,It'xu�•.t. [? tF:.t.+ ,t, L,.!tlr�v x C a.� irra7v� �'N{.. t vx.✓7r!^� cc
pwi Fei.t: .g..:� ha 3... ro ',�Ji+� �.< :1..w1 b hr. -.�. �,.a. 4�c•,:Vw "F.r..e,ryeesp i
-.:.;'...[., .'•*x+sr'l`..h+x":la�U v,si:.}.ri?.,Gir�` ' ' �i1�rrb `i�1��,.,�'tkF;....i$"'vl}'.S'n�lta.� `!Lv'::w.>. i1k.'.`Y.v�p^ -•r"T+. ,` rs ?!3� ;¢fit }�h+`
y� 1 .�
}e L[ rC[ •2 Ii, t e' M�:: r f tt: ret t{ t e4 ['t f. [ t
:`..w�k��?- w4;3:s�� s`�ira�' •.v:ri�`.�nsv ss�ri�.'.il .='��ew.<.svati>_=�. +�s:�Er.":x m.�ra.c`.-r.�?au.�iQ`Z•.e��.s,�•`.[r'.•��aet O
Syo!yen I�o ids! i Orr +•r my 'p! - W 1 7ep I ap dr 1 6rt j•rY a'1[, M .N. cy ut »7 I �Y V" Bnp MC urt R QI 9r I anf N
U rift G'JC ..• ZAC -F-"
E !j I I I 1 1 i1 •' l!I ��rcasaeu[•I�TOIiND�MIIlU7[�4A>£Ia
X N
L
2O
J
f!1
U •�
H �
m �
R
LU
W
i
Basic Services Summary
OTHER DIRECT COSTS ODCs CONSULTANT FEE
Subconsuitants_ — Cost
Waeltz&Prete,Inc.-civil engineering _ _ $ 77,603 Direct Overhead Tot lab+OH Fixed Fee 12°k Total Cost
..._...-----------engineedng ; 9,500
Chapman Court Reporting Services 1$ 555 $21,769.54 $47,457.60 $68,227.14 $8,307.26 $77,534.39
Horizon Environmental $ 10,942
Inland Geodetics-surveying services $ 19,186 t
Fu ro Consultants,Inc.-geotechnical invesligalion. $ 18,590
Lone Star Access-Plan review,filing and inspection tee $ 1,600 i
Total Subconsultants $ 137,875 s
Material Expenses __ _ Total $ 77,534 '
Reproduction Color Exhlbits/Re ra hics $ 400
Reproduction Pians andSpecifications) $ 1000
Poslage/DeRmy 150
Supplies $
Telephone&FAX $
Subtotal Material Expenses $ 1,550
Miscellaneous Expenses Estimated Reimbursable Ez ensesISummary
Travel(Mileage) $ 242 1. Total Hours 385
Hotel $ 2. — Total Labor Dollars $ 77,534 ('
AutornOie $ 3. Subconsuitants $ 137,875
Meals $ - 4. Material Dollars $ 1,550 x
Miscellaneous $ 5. Miscellaneous Dollars $ 242
P $ 242 6. 70TAL BASIC SERVICES $ 217 201
Subtotal Miscellaneous Ex enses
i
f
i
E
3
Y
Y
F
yilyi;
1.
Cr
f£
4:
r
r
t:
E
4.
r
C,
f