Contract - BGE, Inc. - 6/10/2021ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: BGE, INC. ("Engineer")
ADDRESS: 101 West Louis Henna Boulevard, Suite 400, Austin, TX 78728
PROJECT: Chisholm Trail Road
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the [04� day of , 2021 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
9.-- 2094 --, L 5f=
Engineering Services Contract Rev. 08/19
0199.202112;00471650 00192831
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services. "
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times bylyCtand Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
'a submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer iis expected to complete the Engineering Servces described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services i*n accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below i*n Article 20. So long as the City elects not to termi*nate this Contract, I*t shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule i*s of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this ContractiDn a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized i*n writing by City to proceed as provided I*n Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Two Hundred Four Thousand Five Hundred Thirteen and 80/100 Dollars
($204,513.80) as shown i*n Exhibit D. The lump sum amount payable shall be revised equitably only by
written Supplemental Contractl'on the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports i*n sufficient detail to support
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the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified I*n Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment,.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certcertifiedinvoi*ce i'*n a
form acceptable to City. This submittal shall also include a progress assessment report i*n a form
acceptable to City,.
Progress payments shall be made i*n proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to Pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determi"nation, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement., Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
JC Montelongo
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 218-7026
Mobile Number (512) 534-1038
Fax Number (512) 341-3359
Email Address imontelongogroundrocktexas.gov
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Eric Busker, PE
Project Manager
101 West Louis Henna Boulevard, Suite 400
Austin, TX 78728
Telephone Number (512) 686-3523
Fax Number (512) 879-0499
Email Address EBUSKERABGEINC.COM
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed i*n
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties,, If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract,,
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services i*s suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable op10 Is
inion that any work he/she/it has been directed to perform i*s
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City i,,n writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems I*t necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
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Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article I 1 0
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significanti change n (1) the scope, complexity or character of the
10 Engineering ServServices,or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It i*s understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, I*t is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used i*n any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims,
damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on
the plans and be signed and sealed by a licensed professional prior to re -use of modified plans.
By execution of this Contract and i*n confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law I*n the Project designs and work product developed
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under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are i*n the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors,,
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
ID work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engneer19i s subcontractors consistent with this Contract,, If
and upon the date Engineer is adjudged in default of this Contract,, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project,.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use i*n their execution of the Work.
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Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposesitiithn n connecon wthe Project is permitted. Ay unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
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at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. AnY such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL,, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City,, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that I*t presently has adequate qualified personnel i*n its employment for performance of the
ID Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract,. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it I*s being performed. If any review or evaluation i*s made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted i*n preliminary form for approval by City before
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any final report is issued. CI*ty's comments on Engineer's preliminary reports shall be addressed i*n any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREAC OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
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Engineering Servcesiperformed by Engineer prior to termination, City shall be the sole judge,.
Compensation for Engineering Services at termi4nati'oon will be based on a percentage of the Engineering
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults i*n the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performi*ng the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract I'Ds due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals i*n any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales,, Excise, and Use Tax Act.
(3) As required by Chapter 2270, Government Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that i*s intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or i*n an Israeli -
controlled territory, but does not include an action made for ordinary business purposes.
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ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that the
damage i*s caused bY or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or
another entity over which Engineer exercises control. Engineer shall also save and hold City harmless
from any and all expenses, including but not limited to reasonable attorneys' fees which may be
incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City
to the extent resulting from such negligent activities by Engineer, its agents, or employees,,
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal
City in accordance with the Texas Engineering
Registration for Professional Engineers.
and date all appropriate engineering submissions
Practice Act and the rules of the State Board
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
to
of
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
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ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract i*s i*n effect professional liability insurance coverage i*n the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
irequired insurancen Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
40
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
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requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non -
renewal in coverage, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to Ci*ty's Self -Insured Retentions of
whatever nature,.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
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ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives,. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained i*n this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceabil*ty shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
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This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
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city:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Eric Busker, PE
Project Manager
101 West Louis Henna Boulevard, Suite 400
Austin, TX 78728
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as i*s prudent
considering the ordinary professional skill and care of a competent engineer. Engineer understands and
agrees that time i*s of the essence and that any failure of Engineer to complete the Engineering Services
for each phase of this Contract within the agreed Work Schedule may constitute a material breach of
this Contract., Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its
reasonable efforts i*n accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to
perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of CI*ty's additional legal rights or remedies. Any determination to withhold or
set off shall be made i*n good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.,
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay i*n
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects,,
(3) Enforcement and Venue. This Contract shall be enforceable i*n Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
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This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enteri'@nto this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representatl*ve(s), thereby binding the parties hereto, their successors, assigns and
represent for the faithful and full performance of the terms and provisi
ati"ves ons hereof.
[signature page follows]
15
CITY OF ROUND ROCK, TEXAS
By: M P
Craig Morgan, Mayc v
ATTEST:
By: I
A6*
Sara L. White, City Clerk
BGE, INC.
APPROV D AS TO FORM:
AAJ-L45A
UNA
Stephan L. Sheets, City Attorney
By:
Signature of Vinc6AI
Printed Name: Erin N. Gonzales, Director of Transportation
r
(1) Exhibit A
(2) Exhibit B
(3) Exhibit C
(4) Exhibit D
(5) Exhibit E
LIST OF EXHIBITS ATTACHED
City Services
Engineering Services
Work Schedule
Fee Schedule
Certificates of Insurance
17
EXHIBIT A
City Services
• City of Round Rock will provide all available digital design files for existing and proposed
develop ent/roadway projects for the project corridor and adjacent projects to the Engineer, as
needed.
• City of Round Rock will provide all available traffic, drainage, utility models/reports for the
project corridor and adjacent projects to the Engineer, as needed.
• City of Round Rock will provide any records available which would assist in the completion of
the project development.
• City of Round Rock will provide timely reviews and decisions necessary to maintain the project
work schedule.
EXHIBIT B
Engineering Services
ROUTE AND DESIGN STUDIES (Function Code I 10)
The work to be performed by the ENGINEER under this contract cons10
ists of providing
engineering services required for the schematic development for the widening and reconstruction
of Chisholm Trail Road from 0.4 miles north of Old Settlers Blvd to the IH 35 southbound
frontage road. The project consists of reconstructing approximately 0.4 miles of the existing 2-
lane roadway section to a 5-lane urban facility, and reconstructing/widening the connection to
the IH 35 southbound frontage road. This project involves surveying, environmental, public
iinvolvement, engineerng analyses, and associated details necessary to produce a preliminary
design schematic.
The ENGINEER shall perform all work and prepare all deliverables i*n accordance with the latest
version of the City of Round Rock and TxDOT criteria.
The ENGINEER shall perform quality control and quality assurance (QA/QC) on all deliverables
associated with this project.
The ENGINEER shall provide traffic control in accordance with the Texas Manual on Uniform
Traffic Control Devices when performing onsite activities associated with this contract.
1. Data Collection
The determination of data requirements, availability, and sources will be coordinated with the
City's designated PM. Once the data needs and sources are identified, the ENGINEER will
contact the appropriate agencies and organizations to obtain the data,, Data collection will
focus on existing publicly available information primarily for issues that could substantially
influence project alternatives, including potential fatal flaws. Data to be collected will
include, but not be limited to:
A. "As -built plans", existing schematics, right-of-way maps, and previous corridor
studies, existing channel and drainage easement data, existing traffic counts, accident
data, 2017 Transportation Master Plan, zoning and future land use maps, available
Economic Development Plans, jurisdictional boundaries, City ETJ boundaries.
Page 1 of 9
B. Existing utility information and mapping obtained from a GIS database, field survey,
and/or provided by the City, and/or utility owners.
C. Planned infrastructure such as transmission lines and major utilities.
D. Readily available floodplai*n information and studies from the Federal Emergency
Management Agency (FEMA), the Corps of ENGINEERs (USAGE), local
municipalities and/or other governmental agencies.
E. Graphic files, plans, documents, and other data for existing and proposed
improvements along corridor.
F. Photographic record of notable existing features collected during field reconnaissance
from public right-of-way locations.
2. Review of Data
A. The ENGINEER will review the data collected and organize the information into
design files.
3. Complete Design Summary Form
A. Design criteria shall be i*n accordance with the City of Round Rock and TxDOT
criteria.
4. Alternatives Development
A. The ENGINEER shall develop up to three alternative configurations for the existing
intersection of Chisholm Trail Rd and the connection to the IH 35 southbound
frontage road. The ENGINEER shall work with the City to determine the preferred
alternative to be implemented into the design.
B. The ENGINEER shall develop up to three alternative configurations for the
connection to the IH 35 southbound frontage road. The ENGINEER shall work with
the City to determine the preferred alternative to be implemented into the design,
considering impacts to right-of-way, utilities, and traffic operations.
5. Route Studies/Schematic Layout
A. The ENGINEER, with input from the City, shall develop key issues and evaluation
criteria to assist in evaluating alignment alternatives. The ENGINEER shall develop
the schematic layout and make recommendations for improvements that fulfill the
Page 2 of 9
Purpose and Need of the Project, meet the design criteria, and avoid or minimize
impacts to the identified constraints.
B. Geometric Design — Revise the horizontal alignment; vertical profile; pavement cross
slopes that meet acceptable design criteria and remain within the limits of the
proposed ROW as practical. Design will identify proposed ROW needs.
C. Typical Sections — Prepare existing and proposed typical sections.
Deliverables:
• Design Summary Form
• Alternative Intersection Layouts (plan view only)
• Alternative RoadwaYonCfiguration Layouts for the connection to the IH 35
southbound frontage road (plan view only)
• Draft Schematic Roll Plot (plan and profile)
ENVIRONMENTAL COMPLIANCE AND PUBLIC INVOLVEMENT
(Function Code 120)
This Project is projected to be locally funded and is not on the TxDOT system; therefore, it will
not be governed by National Environmental Policy Act (NEPA) requirements.
1. Data Collection and Environmental Constraints Map
A. Obtain and review existing and available environmental data.
B. Create I I x I 7-inch environmental inventory constraints map to support alternatives
analysis and stakeholder coordination.
C. Perform field reconnaissance of project limits to identify environmental features.
2. Environmental Compliance Documentation
A. Biological and Water Resources - This task includes a field visit and compliance
documentation regarding, Section 404 of the Clean Water Act, the Endangered
Species Act and Texas Parks and Wildlife Code. Conduct regulatory database review
40
and site visit to determine if federal or state protected species habitat is present within
the project area,, One site visit will be conducted by a biologist. A memorandum will
be prepared to document the results and recommended best management practices for
compliance with applicable state and federal regulations.
Page 3 of 9
B. Geological Assessment - This project is over the Edwards Aquifer and will require
coordination with the TCEQ to obtain a WPAP. This task includes preparing a
Geological Assessment to include i*n the WPAP application.
C. Cultural Resources — One site visit will be conducted by an archeologist. The
ENGINEER will prepare a Request for Consultation for coordination with the Texas
Historical Commission (THC) under the Antiquities Code of Texas using the online
eTRAC system. As a cultural resources survey has been previously conducted along
Chi*solm Trail Road, it is anticipated that an archeological survey will not be required
by the THC. However, if the THC does require additional archeological
investigations, BGE will acquire an Antiquities Permit and conduct additional
investigations as a supplemental service.
Deliverables:
• Environmental Constraints (1 Ixl7)
Map
• Local Government Environmental Compliance Memorandum
• Geological Assessment
• Request for Consultation to the THC
3. Public Involvement
A. Conduct up to 14 one-on-one meetings with adjacent property owners (up to two per
property owner). Public Meetings are not anticipated for this project,.
Deliverables:
• Develop and maintain a stakeholder database throughout the project i*n Excel format
• Materials development and final electronic copies (fact sheet, exhibits)
• Provide summary report of each meeting
4. Exclusions
In addition to the items previously described within this section, the following tasks are not
covered in this scope of work and may or may not be necessary. If deemed necessary, these
tasks could be conducted under a separate or supplemental work authorization.
A. Preparation of TxDOT NEPA Documentation
B. All surveys and field studies not identified in the scope of services
C. Work extending beyond the specified limits of the project
Page 4 of 9
D. All resource and regulatory agency coordination, except THC
E. Williamson County RHCP participation for endangered species
F. Preparation of permits
G. Public Meetings/Open Houses
H. Public Hearing
RIGHT OF WAY DATA (Function Code 130)
1. Utility Coordination
A. The work to be performed by the Engineer under this contract shall consist of
providing engineering services require
d for SUE Quality Level C and D.
B. Initiate one -call (811) and coordinate with utility companies. BGE will survey all
field markings.
Is
C. These services include obtaining record information on existing utilities from utility
10
owners to identify all known existing public utilities, preparing a base map depicting
the horizontal utility locations, and creating a Utility Conflict Matrix (UCM)
identifying potential known conflicts based on the final schematic layout. Quality
Level A testhole locations will be identified and obtained during PS&E.
D. Utility adjustment coordination will be performed during PS&E.
E. Quality Level D - Existing Records: Utilities are plotted from review of available
existing records.
F. Quality Level C - Surface Visible Feature Survey: Quality level "D" information
from existing records i*s combined with surveyed surface -visible features (performed
by surveyor). Includes Quality Level D information. If there are variances in the
designated work area of Level D then a new schematic or plan layout, if needed, i*s
required showing the limits of the proposed project and limits of the work area
required for this work authorization; including highway stations, limits within
existing or proposed right of way, additional areas outside the proposed right of way,
and distances or areas to be included down existing intersecting roadways. (up to
18,000 LF estimated)
Deliverables:
• Scanned record information i*n,,pdf format if received from each utility
Page 5 of 9
• Surveyed visible and flagged utility locations in 2D topo files
• Utility Conflict Matrix
2. ROW Identification
A. The Surveyor shall perform sufficient records research to ident"fy the existing owner
and boundary limits of the adjacent properties. Property lines and owners should be
provided in CAD format and shown on the Schematic.
B. Perform analysis of gathered data and field work to locate existing property corners.
Deliverables:
• Existing ROW limits depicted in 2D design files
PROJECT MANAGEMENT (Function Code 145)
1. Meetings
A. Attend and document up to six Progress Meetings at the City of Round Rock office or
virtual.
2. General Contract Administration
A. Develop monthly invoices and progress reports.
B. Design coordination with the City of Round Rock.
3. Schedule
A. Update design schedule as needed during project development.
Deliverables:
• Meeting Minutes
• Monthly Invoices and Progress Reports
• Project Schedule
FIELD SURVEYING (Function Code 150)
Surveys provided will be in accordance with the "Texas State Board of Land Surveying" and the
applicable City of Round Rock regulations. Survey field notes will be submitted if requested by
the City of Round Rock. The City of Round Rock will assist in obtaining right -of -entry
agreements with property owners for the required field surveys (short of litigation).
1. Topographic Surveys for Engineering Design and Hydraulic analysis
Page 6 of 9
A. BGE will coordinate with the City of Round Rock to obtain any existing control that
the City would like referenced. Additional control will be established to adequately
position horizontal control points as needed for project design activities and plan
notations thereof. Control points will be established with significant conformance to
current TxDOT specifications for primary control. Where possible, reference ties to
permanent features will be provided for each established horizontal control point.
Data for the horizontal control will be based on Texas State Plane, Central Zone,
NAD 83 (93) derived from OPUS solutions and verified by other measurement
technologies.
B. The Engineer will establish secondary horizontal and vertical control within the
survey limits. The survey control points will be set in locations that will likely be
undisturbed by construction or State maintenance.
C. In areas of uncertainty and/or limited tonographic information, additional data will be
collected as directed by the project engineer.
D. Data collection will consist of spot elevations for improvements, edge of roadway,
driveways, visible or marked utilities, drainage features, centerline of roadway, and
grade breaks. Individual roadway cross sections will be taken at intervals not to
exceed 100 feet.
E. Topographic information will include the limits of the existing concrete ri*prap
upstream, beneath, and downstream of the existing drainage features.
F. Profiles of intersecting driveways within the project limits will extend a suffici*ent
distance beyond the existing right of way to ensure adequate datai'os available to
determine tie-ins with proposed vertical alignment changes.
G. Field surveys will provide the locations of all small signs, mailboxes, and other
visible surface features,, Sign text, color, dimensions, and standard sign design will
be provided i*n accordance with the TMUTCD.
H. Field surveys will provide an elevation and a horizontal tie to the soil boring locations
or converted from data provided by the geotechni*cal subconsultant,,
I. Survey shots will be assigned a unique point number which provides a positive
identification of the point. Each point will be assigned a feature number or feature
Page 7 of 9
name using the TxDOT's standard feature table. An ASCII points file and a hard
copy print out will be provided. Each line of the output data shall contain in this
order: the point number, northing,, Basting, elevation, and the descriptive feature code.
J. Surveyed data will be provided in Microstation (DGN) compatible two-dimensional
base map format. The survey shot point attributes will appear on separate levels.
K. A Digital Terrain Model (DTM) will be provided in Microstati*on (DGN) GEOPAK
compatible three-dimensional format.
2. Utilities
A. One -call (811) will be initiated by BGE, and BGE will survey all utilities marked
along the alignment.
B. Field surveys will locate longitudinal and horizontal crossings of power lines,
telephone/cable lines, water lines, top of nut valves, pipelines and all marked utilities
(visible only). Surveyor to locate water valves and access sewer manholes to locate
flow depths and direction of lines.
C. Location of visible existing utilities will be shown on the 2D files using field marked
information designated by the utility companies and from surface evidence surveyed
on the ground.
MISCELLANEOUS (ROADWAY) (Function Code 163)
1. Traffic Control Plans (TCP)
A. Prepare preliminary Traffic Control Phasing plan. Prepare TCP cross sections to
identify temporary pavement needs.
2. Cost Estimate
A. Engineer shall prepare a preliminary construction cost estimate.
Deliverables:
• Traffic Control Exhibi*t(11x17)
• Preliminary Construction Cost Estimate
TRAFFIC ENGINEERING (Function Code 165)
Traffic Counts and Intersection Analyses:
1. Data Collection:
a) Collect 2-hour turning movement counts for the AM Peak and PM Peak.
Page 8 of 9
a. Chisholm Trail Rd and the connection to the IH 35 southbound frontage
road
b) Collect 24-hour volume and classification counts.
a. Chisholm Trail Rd and the connection to the IH 35 southbound frontage
road
c) Determine corridor annual growth rate based on input from City staff and
available planning models.
d) Collect historic crash data based on input from City staff and available Crash
Records or databases,.
e) Conduct a site investigation to verify the existing geometries at the intersections,
observe traffic behavior, identify any constraints, and inspect locations of
'D
previous crash occurrences.
2. Traffic Modelling Analysis.0
a) Research existing TIAs, site plans or planning maps and estimate traffic to be
generated by other approved developments or roadway projects in the area,.
b) Traffic counts for existing traffic.
c) Perform Traffic Signal Warrant Analysis for intersections listed below.
a. Chisholm Trail Rd and the connection to the IH 35 southbound frontage
road
d) Deter- i*ne necessary queue lengths for a twenty (20) year design year.
e) Perform an intersection level of service analysis for forecasted conditions.
Deliverables:
• Technical Memo outlining the conditions, analysis and conclusions.
Page 9 of 9
EXF-IIBIT C
Work Schedule
Attached Behind This Page
ID Task
Task Name
Duration
Start Finish '.Predecessors Resource Names'3JZL!
April M June 1u August �September3L�.
li.4L1fl14L?S_LsLZL L6zS>-.i 1
--� _Mode.-------
1
- -- ---- ------ --.- ..-.. -- -- - --- --
Chisholm Trail Rd - Work Authorization #1
- -�.
- - ---- ---- - ---- --- - --- - - -- -, 3128 9L4
s/9 s/16 s23 sao 6/13 6/2o 6/27-1 7/4 7111 7/18 7/25 8/1 �L8/1S 8/22 8/2g 9L5 9112I 9/19
2 )e
Notice to Proceed
0 days
i
Thu 5/13/21 Thu 5/13/21
S/13
3
FC 110 - Route and Design Studies
75 days
Thu 5/13/21 Wed 8/25/21
4
Data collection
10 days
Thu 5/13/21 Wed 5/26/212
S
Review of data
5 days
Thu 5/27/21 Wed 6/2/21 4
6
Complete design summary form
5 days
Thu 5/13/21 Wed 5/19/212
7
Alternatives Development - Intersection
45 days
Thu 5/13/21 Wed 7/14/212
8
Alternatives Development - Side Street
45 days
Thu 5/13/21 Wed 7/14/212
9
Schematic Layout
30 days
Thu 7/15/21 Wed 8/25/217,8
`10 OP.
FC 120 - Environmental and Public Involvement
90 days
Thu 5/13/21 Wed 9/15/21
If
11 t�
Data Collection and Environmental Constraints Map
20 days
Thu 5/13/21 Wed 6/9/21 2
12
Environmental Compliance Documentation
70 days
Thu 6/10/21 Wed 9/15/2111
13
Public Involvement
4S days
Thu 5/13/21 Wed 7/14/212
14
FC 130 - Right of Way Data
45 days
Thu 5/13/21 Wed 7/14/21
i
1 S
Utility Coordination
45 days
Thu 5/13/21 Wed 7/14/212
•a;�is':
16
Right of Way Identification
30 days
Thu 5/27/21 Wed 7/7/21 2FS+10 days
17 1111M.
FC 145 - Project Management
90 days
Thu 5/13/21 Wed 9/1S/21
18
Meetings
90 days
Thu 5/13/21 Wed 9/15/212
19
General Contract Administration
90 days
Thu 5/13/21 Wed 9/15/212
_
20
Schedule
90 days
I
Thu 5/13/21 Wed 9/1S/212
21
FC 150 - Field Surveying
30 days
Thu 5/27/21 Wed 7/7/21
22
Topographic Surveys for Engineering Design and Hydraulic
Analysi:30 days
Thu 5/27/21 Wed 7/7/21 2FS+10 days
TAKAJpm`
23
Utilities
30 days
Thu 5/27/21 Wed 7/7/21 2FS+10 days
a1
24
FC 163 - Miscellaneous Roadway
15 days
Thu 7/15/21 Wed 8/4/21
j
�1
2S
Traffic Control Plans
15 days
Thu 7/1S/21 Wed 8/4/21 7
26
Cost Estimate
15 days
Thu 7/15/21 Wed 8/4/21 7
27
FC 165 - Traffic Engineering
75 days
Thu 5/13/21 Wed 8/25/21
I
28
Data Collection
15 days
Thu 5/13/21 Wed 5/2/21 2
t h
29
Traffic Modeling and Analysis
60 days
Thu 6/3/21 Wed 8/25/2128
Project: CTR - Exhibit C - Sched
Task summary
is
Inactive Milestone Duration -only Start -only C External Milestone 9 Manual Progress,
i
Date: Wed 4/14/21
Split Project Summary
Milestone ♦ Inactive Task
I
Inactive Summary Manual Summary Rollup Finish -only ] Deadline
Manual Task ROVANAVAIIIIIIIIIi Manual Summary f�i External Tasks VOWANAROMMW Progress
Page 1
BI INC.
PROJECT NAME: CHISHOLM TRAIL ROAD
FROM FM 3406 TO IH 35 SBFR
EXHIBIT D - FEE SCHEDULE
TASK DESCRIPTION
Senior Project Project QC Senior Senior Senior ENV RPLS Surve Field Crew F w-
Pro Manager Engineer Manager En ineer Tech! CADD OP ENV Scientist Task Lead Techni 2-Person Clerical
TOTAL LABOR
HRS. & COSTS
ROUTE AND r r
i 1
1. Data collection
2. Review data
3. Complete designsummaq form
$2,400.00
5. Alternatives Development - Side street
111U41411=
6. Schematic Layout
• • • r *IWNTM Nt�
Data collection and Environmental Constraints Map
2. Environmental Compliance Documentation
Bio!qgical and Water Resources
iL Geological Assessment
Cultural Resources
Public1.
3. _ _
�.�
Meetings with Affected Prop" Owners
FIC 130 RIGHT OF WAY DATA
1. Utility coordinationr
err rr
ROW Identification
PROJECT MANAGEMENT
MA92.00
1. Meetings
2. General contract administration--
ScheduleiFC
i FIELD SURVEYING1.
Topographic Surveys for Engineering Design and Hydraulic Analysis
___$21 t6l 0.00
MISCELLANEOUS• r
ControlPlans
Estimate2. Cost
■
'� ��
FC 165 TRAFFIC ENGINEERING
Data Collectionr
171
Traffic Modeling and Analysis
HOURS SUB -TOTALS-,
CONTRACT RATE PER HOUR
M
MWIMMINTO
noTeNNEFTErore7eUnfais
R.T.-T-01171M
SUBTOTAL2.
00
TOTAL
Senior Project Project QC EIT
Senior Senior Senior ENV RPLS
Surve Field Crew
Field Crew Admin/
FUNCTION CODE
TOTAL
DIRECT
TOTAL LABOR
Project Manager Engineer Manager
TOTAL MH BY FC
Engineer Tech CADD Op ENV Scientist Task Lead
Technician 2-Person
3-Person Clerical
COSTS
EXPENSE
COSTS
Manager
Tech Operator
$204 513.80
$1 996.80
$202 517.00
14 104 208 46 296
200 120 32 100 20
107 60
65 8
1380
SUBTOTAL LABOR EXPENSES
$2049513.80
$1 996.80
$202 517.00
1.0% 7.5% 15.1 % 3.3% 21.4%
14.5% 8.7% 2.3% 7.2% 1.4%
7.8% 4.3%
4.7% 0.6%
rOTHER DIRECT EXPENSES I QUANTITY T UNIT RATE I 1
Mileage
30
mile
$ 0.56
$16.80
Photocopies B/W 8 117' X 11 "
40
each
$ 0.10
$4.00
Photocopies B/W 11" X 1 TI
80
each
$ 0.20
$16.00
Photocopies Color 8 1 /7' X 11 "
20
each
$ 0.75
$15.00
Photocopies Color 11 ItX 1 -PI)40
each
$ 1.25
$50.00
Large Format Plotting
220
SF
$ 2.25
$495.00
Traffic Counts(Quality Counts
1
LS
$1,400.00
$1,400.00
SUBTOTAL
DIRECT EXPENSES
1
$1 996.80
r
RYLABOR COSTS $202,517.00LARY OTHER DIRECT EXPENSES $1,996.80
GRAND TOTAL $2049513.80
EXIIIBIT E
Certificates of Insurance
Attached Behind This Page
Client*@- 156557
SGEINC1
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
ATE (MM/DD/YYYY)
D5/04/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
USI Southwest
9811 Katy Freeway, Suite 500
CONTACT
NAME: Shelly Brandman/Michelle Weweh
PHONE 773 4904600 Fax
(A/C, No Ext :(A/C, No):
E-MAIL
shell brandmanDusi.com
ADDRESS: Y•
Houston, TX 77024
713 490=4600
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Valley Forge Insurance Company
20508
INSURED
INSURER B : Continental Insurance Company
35289
Brown and Gay Engineers, Inc.
INSURER C : Transportation Insurance Company20494
DBA BGE, Inc.
10777 Westheimer, Suite 400
Houston, TX 77042
INSURER D : Lexington Insurance Company79437
INSURER E National Fire Insurance Co. of Hartford
20478
1 INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
ADDLNSR
BR
WVD
POLICY NUMBER
MM/DDY�
MM/DD�YYYY
LIMITS
A
�(
COMMERCIAL GENERAL LIABILITY
6075541416
12/31/2020
12/31/2021
EACH OCCURRENCE
$11000,000
� OCCUR
DMAGECLAIMS-MADE
PREMISES Eaoccu ante
$110001000
MED EXP (Any one person)
$15,000
PERSONAL 8 ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIESPER:
GENERAL AGGREGATE
s2,000,000
PRO-
POLICY X JECT ILOC
PRODUCTS -COMP/OP AGG
$ 2 000 000
� i
$
OTHER:
E
AUTOMOBILE LIABILITY
6075541433
12/31/2020
12131/2021
Ea accitleD SINGLE LIMITnt)
$190009000
BODILY INJURY (Per person)
$
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X NON -OWNED
IREDAUTOS ONLY
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
B
X
UMBRELLA LIAR
X
occuR
6075541464
12/31/2020
12131/2021
EACH OCCURRENCE
$1080001000
AGGREGATE
$10,0009000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $'I OOOO
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y � N
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
N I A
6075541447
12/31/2020
12/31/2021
ER
XISTATUTEPERH
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
D
Professional
031565521
12/31/2020
12/31/2021
$5,000,000 per claim
Liability
$10,000,000 anni aggr.
CLAIMS MADE
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Blanket Additional Insured (all policies except Workers Compensation and Professional Liability) is
provided if required by written contract executed prior to a loss, but limited to the operations of the
Named Insured per policy forms CNA75079XX 10/16, including completed operations (GL); CA2048 10/13 (Auto).
Coverage provided on the General and Auto Liability is primary and non-contributory if required by written
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Round Rock
Attn: Gerald Pohlmeyer
3400 Sunrise Rd.
Round Rock, TX 78665
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988=2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S3197971 O/M30672079 SAJZP
I DESCRIPTIONS (Continued from Page 1) 1
contract executed prior to a loss.
Blanket Waiver of Subrogation is provided on all policies as required by written contract executed prior to
a loss, except as prohibited by law, per policy form CNA75079XX 10/16 (GL); CA0444 10/13 (Auto); WC420304B
06/14 (WC); CNA75504XX 03/15 (UL)a
The Umbrella Follows Form (CNA88301XX 08/17) to the underlying General, Auto and Employers Liability
policies.
All policies include an endorsement providing that 30 days notice of cancellation, except 10 days notice
for non-payment of premium, will endeavor to be given if required by written contract.
RE: Project Ref: Chisholm Trail Rd.
SAGITTA 25.3 (2016/03) 2 Of 2
#S3197971 O/M30672079
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos. 1,, 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos, 1, 21 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 202lm753902
BGE, Inc.
Austin, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is-- 05/18/2021
being filed.
City of Round Rock Date Acknowledged:
05/20/2021
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
000000
Chisholm Trail Road
nm��
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Dillon, Doug
Frisco, TX United States
X
Harris, Charles
Austin, TX United States
X
Randermann, Randy
Houston, TX United States
X
Lennard, Lee
Houston, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is ,and my date of birth is
My address is �1 - - 1�
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www,ethics.state.tx,us Version Vl,lceffd98a