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R-02-09-26-11D3 - 9/26/20020: \w0Ox \RESOL[TTI \R2092603.NP0 /xmc f RESOLUTION NO. R- 02- 09 -26- 1 1 1)3 WHEREAS, the City of Round Rock desires to retain engineering services for the preparation of schematics, environmental documents, plans specifications, and estimates (PS &E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122, and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said Agreement with Chiang, Patel & Yerby, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., for professional engineering services for the preparation of schematics, environmental documents, plans specifications, and estimates (PS &E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of September, 2002. ATTEST: CHRISTINE R. MARTINEZ, City S retary 2 WELL, Mayor y of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON NOW, THEREFORE, WITNESSETH: CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH CHIANG, PATEL & YERBY, INC. 1 RECITALS: CONTRACT DOCUMENTS Contract No. EXHIBIT "A" THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 26th day of the month of September, 2002, 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 CHIANG, PATEL & YERBY, INC., whose principal place of business is located at 11149 Research Blvd., Suite 330, Round Rock, Texas 78759, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. 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; 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: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM 2 (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 31st day of the month of May, 2005, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of eight hundred forty two thousand, three hundred and nine dollars ($842,309.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 (l) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its detennination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word, P.E. [Name] Transportation Services Director [Title] 2008 Enterprise Drive [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: David A. Nachman, P.E. [Name] Vice President [Title] 11149 Research Blvd., Suite 330 [Address] Austin, Texas 78759 [City, State, Zip] (512) 349 -0700 [Telephone Number] (512) 349 -0727 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. 6 ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL. EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. 7 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (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 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. 8 (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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer 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. 9 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections 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 or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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. 10 (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect minimum insurance coverage in the amount of one million dollars ($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of one million dollars ($1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - 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 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. 11 (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 Engineer. (3) The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/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 such future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Engineer 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. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be bome solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such certificates of insurance are evidenced herein as Exhibit F entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement 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 Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12 ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 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 Agreement. All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Chiang, Patel & Yerby, Inc. David A. Nachman, P.E. Vice President 11149 Research Blvd., Suite 330 Austin, Texas 78759 ARTICLE 33 ENGINEER'S ACCOUNTING RECORDS ARTICLE 34 NOTICES 13 ARTICLE 35 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 14 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 Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the 26th day of the month of September, 2002, and Engineer, Chiang, Patel & Yerby, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: By: Mayor ATTEST: By: City Secretary ENGINEER: Signature of Principal Printed Name: David A. Nachman, P.E. ATTEST: Office Manager ARTICLE 36 SIGNATORY WARRANTY 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" - NA (6) Exhibit F "Certificates of Insurance" 16 Exhibit A 9/10/2002 EXIIIBIT A CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY SERVICES TO BE PERFORMED BY CITY The City will furnish to the Engineer the following information and/or perform the following tasks: 1. The City will provide the City of Round Rock drainage, roadway and pavement design criteria. 2. The City will provide mapping of the ongoing and planned development for the entire project area in Microstation (DGN) format. 3. Provide existing plans, past studies, correspondence, materials and mapping relative to the project as available. 4. Meet on an as needed basis to answer questions, provide guidance and offer comment. 5. Conduct a Public Hearing for the project with the Engineer's assistance. 6. Furnish parcel plats, deed descriptions and right -of -way maps where available along the project corridor. 7. Provide digital photography for the project area. 8. Coordinate with the City attomey and the City parks director for the acquisition of right -of -way from Old Settler's Park. 9. Provide GPS points for project horizontal and vertical control. 1 of 1 EXHIBIT B CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY SERVICES TO BE PERFORMED BY ENGINEER The Engineer shall provide the necessary engineering and technical services for the preparation of schematics, environmental documentation, plans, specifications and estimates (PS &E) for reconstruction of Kiphen Road in Williamson County from the Old MKT Railroad right -of -way to CR 122 in the City of Round Rock. These construction plans will describe the construction of a four -lane divided urban arterial roadway with a raised concrete curb and gutter median. Project also includes reconstruction of a portion of several cross streets including Fairview Drive, Brenda Lane, Harrell Parkway, Aten Loop, proposed Arterial A and CR 122. The length of this project along Kiphen Road is approximately 9,500 linear feet (1.8 miles). The construction plan set for this project will contain the required drawings and details pertaining to grading, paving, culvert layouts, signing, pavement marking, delineation, sequence of construction, traffic control and drainage. The above - described plan set will be prepared in English units and shall be suitable for the bidding and award of a contract through the City of Round Rock's construction contracting system. This project will be designed using English units of measure. Scales and submittals referred to in this scope of services assume a 22" X 34" construction plan sheet. The designs included in the above described PS &E shall be in accordance with the requirements of the 1984 edition ITE's GUIDELINES FOR URBAN MAJOR STREET DESIGN, the 2001 edition of AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAY AND STREETS, TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES including Part VI. The Engineer will establish a roadway geometry model and perform earthwork and paving quantity calculations with the Bentley Microstation enhancement known as GEOPAK. The CADD and GEOPAK criteria files, which comprise the geometry model, shall be provided to the City at the completion of the project. Hydraulic designs and calculations for culverts will be performed with a PC -based hydraulic model such as HECRAS, CULVERT, CULVERT MASTER or other hydraulic model approved in advance by the City. The culverts will be sized to accommodate run -off from the subject roadway and run -off from outside the project limits. Hydraulic designs and calculations for inlets and storm sewers will be performed using WINSTORM or an equivalent program. Exhibit B 9/10/2002 1 of 13 TASK OUTLINE ROUTE AND DESIGN STUDIES (Function Code 110) I. ROUTE AND DESIGN STUDIES (Function Code 110) A. SOIL BORINGS & TESTING 1. Perform nineteen (19) borings spaced at a maximum of 500 feet apart, alternating between the proposed lanes. Each boring should be drilled to a minimum depth of ten (10) feet. Sampling and resistance testing will be performed in accordance with standard procedures. Subsurface soil will be sampled continousley from the ground surface to a depth of 10 feet below existing grades or auger refusal. Bulk samples of near surface soil will also be obtained along the roadway alignment. Falling Weight Deflectometer testing is not included in this scope of services. 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S.C.S. Soil Classification (b) Atterberg Limits Tests (c) Grain Size Analysis (d) Texas Triaxial Test (e) Moisture Content (f) Unconfined Compressive Strength 3. Provide temporary signs, flags, flaggers and safety equipment required for effective traffic control. It is assumed that drilling crews can operate in the roadway continuously from 9:00 AM to 4:00 PM. Coordinate with locator service to determine existing utility locations. 4. Borings will be backfilled with cement stabilized sand and pavements will be patched with cold mix asphalt. 5. Provide a formal report detailing results of the field and laboratory investigations. The report will include: (a) Boring Location Plan and Logs with Elevations (b) Soil Test Results (c) Site Description and General Soils Information for the Area (d) Groundwater Conditions (e) Discussion of Subsurface Conditions at Boring Locations (f) Engineering and Construction Recommendations (g) Subgrade Preparation and Earthwork Recommendations 6. The Engineer will establish a work program for the geotechnical subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. B. DATA COLLECTION I. Schedule, prepare for and attend a project kick -off meeting with the City of Round Rock staff. Exhibit B 9/10/2002 2. Collect and review available data for Kiphen Road and adjacent areas and roadways. The Engineer will also perform field investigations to aid in this task. This task will include the collection of record drawings, as- built plans, past studies and transportation plans. The Engineer will also review this data to determine the applicability of each item to the project roadway. 3. Research and identify significant issues, as perceived by the City of Round Rock, or local officials who may influence the location and selection of the roadway alignment and features. 2 of 13 C. DESIGN SCHEMATICS 4. Develop the roadway design criteria for the project to be discussed, revised and approved by the City prior to commencing design activities. 1. The Engineer will prepare calculated horizontal and vertical geometries for the project roadway, as well as any affected cross street. Design will be based on digital photography and vertical terrain information provided by the City. Exhibit B 9/10/2002 2. The Engineer will develop a Kiphen Road typical section in accordance with the City's design criteria. 3. The Engineer will complete a preliminary drainage analysis to aid in the geometric design development. The Engineer will perform preliminary design for the delineation of drainage areas, for the determination of potential drainage outfalls, for the determination of potential drainage easements, and for the preliminary design of roadside ditch grades and sizes. 4. Preliminary culvert sizing will be performed for the purposes of estimating vertical grade constraints on the project roadway, as well as determining drainage easement requirements. 5. Preliminary cross sections will be prepared at 100' intervals. These cross sections will be for estimation of cut and fill quantities, as well as possible retaining wall locations and heights. 6. The Engineer will establish proposed right -of -way requirements and locations. 7. Drainage easement location and size requirements will be determined. 8. Identify affected property owners. 9. A preliminary engineer's opinion of probable construction cost will be developed for the schematics. 10. Pavement edges will be established for Kiphen Road and any affected side streets. 11. A conceptual traffic control plan will be developed to ensure constructability of the schematic. This plan will consist of a plot of each major phase of traffic control. II. SOCIAL & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) A. ENVIRONMETAL DOCUMENTATION 1. It is assumed that no environmental coordination or documentation will be required for this project. If it is determined during project development that these services are required, it shall be handled as a supplemental agreement to this contract. B. PUBLIC HEARING 1. A notice of the public hearing will be mailed to each of the property owners defined in the distribution list for the project corridor. 2. The Engineer will write and publish the official notice of the public hearing in the Round Rock Leader and the Austin American Statesman. 3. Prepare public hearing displays /exhibits/handouts and brief City staff, public officials and local agencies on information related to the public meeting. 4. Help conduct one public hearing/open house by determining a location, setting up the facility, hiring a court reporter, providing sound equipment, providing personnel to attend the sign-in table and support the open house and meeting, and conducting the technical presentation. 3 of 13 5. Prepare a public hearing summary including a summary of comments, both verbal and written, received at the meeting and ten (10) days subsequent thereto. 6. Prepare a bound report for the public hearing to include legal notices, photographs of displays and set -up, handouts distributed at the meeting, attendance sheets, comment sheets, comment cards, letters sent and received, public meeting summary and summary of comments. 7. The Engineer shall meet with property owners / neighborhood associations as required to answer questions regarding the proposed project. III. RIGHT -OF -WAY DATA AND UTILITY ADJUSTMENTS (Function Code 130) A. UTILITY COORDINATION AND RESEARCH I. Identify existing utilities in the corridor by researching existing plans, contacting utility companies, field reconnaissance and survey. 2. Compile utility research into a Microstation (DGN) file showing location of utilities found through above research. This file is not intended to be exact utility locations, but to be used to determine potential conflicts. 3. Upon completion of preliminary schematics, the Engineer will determine and identify on paper potential utility conflicts and relocation requirements. Assignments of utilities that must be relocated will be determined and coordinated with the appropriate utility owner. Existing utilities with the potential to remain in place will be field verified horizontally and vertically through SUE services. The scope of these services will be determined, and a supplemental agreement to this contract will be executed to provide these SUE services. 4. The Engineer will provide a database in spreadsheet format that includes utility type, size, location, status of relocation effort, and owner contact information for each utility identified. 5. The Engineer will provide plan and profiles, culvert layouts, and other sheets as required to utility providers to assist them in their relocation efforts. B. RELOCATION OF CITY UTILITIES 1. Upon determination of relocation requirements for City of Round Rock owned utilities, the Engineer will provide utility relocation plans and details through a supplemental agreement to this contract. C. RIGHT -OF -WAY Exhibit B 9/10/2002 1. The Engineer will obtain current ownership information for approximately 40 parcels per the Williamson County Appraisal District records for properties adjacent to Kiphen Road within the limits and for any other properties on which aerial panels must be set. This record information will be provided in CADD and Excel spreadsheet format. 2. Prepare a list of property owners in the project corridor for use in distributing the Public Hearing notices. 3. Locate property comers and indications of property lines crossed by the proposed route. 4. The existing ROW lines of Kiphen Road will be surveyed. Existing ROW monuments marking PC's, PT's and angle points will be located by this survey, if they exist. The location of the existing ROW lines will be computed based on these found monuments and the information provided by the City. The existing ROW lines will be staked at 500 -foot stations. 5. The Engineer will provide the City with a 2D Microstation file containing the location of the existing right -of- way lines, apparent or record property lines and property owner names. 4 of 13 7. The Engineer will prepare a written description with sketches for the proposed easement requirements. It has been assumed for this service, that this will affect (10) ten properties. IV. FIELD SURVEYING AND PHOTOGRAMMETRY (Function Code 150) A. FIELD SURVEYING SERVICES I. The Engineer will obtain right of entry by signed letter from property owners on whose property ground control must be set. Exhibit B 9/10/2002 6. The Engineer will prepare a written description with sketches for the proposed right -of -way taking. It has been assumed for this service, that this will affect one property. 2. The Engineer will establish primary horizontal and vertical control by GPS methods. A horizontal traverse will be run for the length of the project based on the GPS derived coordinates. The traverse coordinates shall be adjusted to the published coordinates for the City of Round Rock GPS control points. Horizontal datum will be TxSPC, Central Zone NAD 1983 (HARN 93) and vertical datum will be based upon NAVD 1988, as per the published information for the City of Round Rock control points. State plane surface coordinates will be provided based upon Texas Department of Transportation (TxDOT) method of conversion with a project specific combined scale factor or a scale factor specified by the City. 3. A level loop will be run for the limits of the project through the GPS control points, and benchmarks will be established at intervals of no more than 1000 feet. 4. The Engineer will set and maintain aerial centerline panels (approximately 9 panels) at approximately 1500 - foot intervals and aerial vertical wing panels (approximately 18 panels) approximately 300 feet perpendicular to the flight centerline. Based upon the primary project control, X and Y coordinates and elevation will be determined using static GPS and conventional leveling for the center panels and elevation will be determined by conventional leveling for the wing panels. This information will be provided in hard copy and ASCII digital format. The Engineer will also prepare a 2d Microstation control plan sheet. 5. The Engineer will survey and tie visible existing utilities, as well as obtaining flowlines at manholes within the project area. 6. The Engineer shall stake the proposed Kiphen Road centerline alignment at PC's, PT's, PI's and at 500 -foot intervals along tangents using 5/8" iron rods with caps within the project limits. 7. The Engineer will obtain topographic information of sufficient detail to ensure a smooth transition where the proposed pavement ties to existing roadways. 8. Ground surveyed cross sections will be obtained for creeks and storm sewer outfalls within the project area. 9. The Engineer will provide field surveying, as required, to supplement areas not covered by the aerial topography. 10. The Engineer will coordinate with soil testing and field tie approximately 19 soil borehole locations. 11. The Engineer will establish a work program for the field surveying subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the field surveying subconsultant's work. 5 of 13 B. AERIAL PHOTOGRAMMETRY SERVICES Limits of aerial photogrammetry services are from FM 1460 to just east of CR 122 in Round Rock, Texas. The Engineer will map a 600' wide corridor of the project alignment. Exhibit B 9/10/2002 1. Aerial Photography (a) New black -and -white aerial photography will be obtained with a Zeiss RMK TOP 15 calibrated precision aerial mapping camera. The camera is equipped with forward motion compensation (FMC) and interfaces with a Trimble 4000SSE GPS receiver and an Applanix inertial position and orientation system. Aerial photography will be obtained at an altitude of approximately 1,500' AMT (above mean terrain) for digital mapping. The scale of photography will be approximately 1:3,000. Project photography will cover a corridor approximately 1,600' in width. 2. Analytical Aerotriangulation (a) Full analytical aerotriangulation is necessary to extend control throughout project photography for the development of digital orthophoto mapping. (b) Selection of photogrammetric points for control extension will be performed with strict adherence to rigid geometric and photogrammetric principles. Measurements will be made on Zeiss P -3 Planicomp analytical stereoplotters with digital superimposition and Z/I Imaging softcopy workstations running Photo -T software. (c) Several computer programs will be run to perform data analysis and data refinement tasks prior to obtaining final results. These computer programs allow us to detect, isolate, and evaluate the contribution of measurements to the final results. (d) Following data analysis and refinement, the Engineer will perform a simultaneous least square block adjustment of measurements to obtain the final results. The block adjustment combines the mathematical constraints of the colinearity equations with rigorous statistical analysis to ensure accurate results. 3. Digital Data Collection For Planimetric Features (a) Digital data will be collected at 1 "= 50' scale for planimetric features that are identifiable on, or interpretable from the aerial photographs. Features to be collected for this scale planimetric mapping shall include the following; buildings, roads, railroads, drainage features, bridges, culverts, fences, driveways, poles, sidewalks, individual trees, fire hydrants, manholes, and catch basins. Digital data will be collected for the specified area. Digital planimetric data will be provided in Microstation format. (b) Stereo compilation will be performed with Zeiss P -3 Planicomp, first order, fully analytical stereoplotters equipped with a digital mapping system (including superimposition for on -line completeness and checking data accuracy) and Z/I Imaging softcopy workstations. Stereo- compiled data will be collected directly from stereoplotters and/or workstations. 4. Digital Terrain Model (DTM) Development (a) All digital terrain model (DTM) files will be developed using Zeiss P -3 Planicomp analytical stereoplotters and ZfI Imaging softcopy workstations. DTM will be developed using the specified breakline random point method. Profile distances will be based on the elevation differential and complexity of terrain. Data points along the profiles are collected as the stereoplotter operator maintains a consistent reference to the ground surface. The points are collected as the delta elevation changes by a pre - specified amount, usually equivalent to the particular mapping scale, or at a distance equal to a pre- determined grid spacing. (b) DTM data will be collected in a manner that will accurately depict the terrain and will meet or exceed specified accuracy requirements for maps with 1' contour intervals. DTM data will be provided in 6 of 13 Exhibit B 9/10/2002 Geopak format compatible with the City's computer software. Files will be labeled and delivered on specified medium. 5. Edited Digital Contours (a) The Engineer will develop 1' contour intervals as specified above from DTM data. Contours will be generated using terrain- modeling software. A triangular irregular network (TIN) will be developed using both the collected breaklines and mass points. From this TIN, the contours will be determined and cartographic editing will be performed. Edited contours will be provided in Microstation format. 6. Digital Orthophoto Development (a) The aerial film is scanned using a Z/I Imaging 2000 calibrated photogrammetric scanner to produce digital image files. Prior to orthophoto correction, the scanned images are checked on a workstation for completeness, cleanliness, and image quality. After quality is ascertained, ADS will complete the following steps using a rigorous "pixel -by- pixel" computation method. (b) Interior orientation is performed whereby calibrated image fiducial marks are measured to establish a photo coordinate system. (c) Exterior orientation is performed, whereby coordinates and angles representing camera position and altitude (exterior orientation) are determined by aerotriangulation. The exterior orientation facilitates transforming the photo coordinates to ground coordinates. (d) Differential rectification is performed using an algorithm (that utilizes an elevation model in conjunction with the exterior orientation to correct displacement of ground features) to resample the image producing a geo- referenced orthophoto. (e) Each digital orthophoto image is checked for accuracy on a workstation. (f) Orthophoto image files will have a .25' pixel, will be geographically referenced, and delivered in HMR format. 7. The Engineer will establish a work program for the aerial surveying subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the aerial surveying subconsultant's work. V. ROADWAY DESIGN CONTROLS (Function Code 160) A. PAVEMENT DESIGN 1. Pavement section thickness design recommendations will be presented in a formal Pavement Design Report. The Pavement Design Report will include: (a) Results of the Geotechnical Investigation (b) Results of TxDOT FPS -19 computer program analysis, justification of input parameters, and a check of the design using the Texas Triaxial Method (c) Analysis of existing pavement conditions is not applicable (d) Traffic projections will be based on the CAMPO Master Plan B. ROADWAY PLANS 1. A title sheet and detailed index of sheets will be prepared for the construction plan set. 2. Project layout will be prepared for the construction plan set at a scale of 1" =100'. 7 of 13 Exhibit B 9/10/2002 3. Typical sections will be prepared depicting the existing and proposed typical sections for Kiphen Road. Typical sections for side streets will also be determined. These sections will be developed using the approved pavement design or as directed by the City. 4. Design cross sections will be produced at 50 -foot stations and other locations as necessary for the determination of cut and fill quantities. These sections will also be used to further refine the design vertical geometry. Cross sections will be provided for contractor's information only and will not be considered a part of the bid documents or construction drawings. These cross sections will be provided upon contractor's request in "roll" format, and will not be prepared on individual plan sheets. The Geopak design software package will be utilized to produce these cross sections. 5. Vertical geometry will be refined based on further detailed design. Locations of driveways, side streets and additional drainage features not investigated in the schematic phase will be of prime importance in refining the profile. 6. A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for Kiphen Road and any affected side streets. 7. Roadway plan and profile sheets will be prepared depicting the proposed construction of Kiphen Road at a scale of 1 " =50' H and 1 " =5' V. 8. Supplementary grading sheets will be prepared showing critical vertical information for the proper grading of intersections, driveways and around drainage features. 9. . Miscellaneous paving detail sheets will be prepared showing such items as driveway details, curb end details, and any other details as may be necessary. VI. DRAINAGE (Function Code 161) A. CULVERTS, CHANNELS AND DITCHES 1. Major drainage areas will be identified and hydrologic information will be calculated. An exterior drainage area map will be produced depicting this information and culvert structure locations. The Engineer shall prepare the drainage area maps at a scale of l"=200' or as necessary to fit on standard sheets. Storm water detention will not be required on this project. 2. Run -off to each culvert will be calculated in accordance with the City of Austin's drainage criteria and shown on the culvert computation sheets. Design of culverts shall be based on the expected ultimate developed state of the upstream contributing area (ultimate flow). Prior to final design, the Engineer will present culvert sizing information, with cost estimates if necessary, to the City for the City to determine if any or all culverts are to be sized to carry the ultimate 100 year flow without overtopping the road, or the ultimate 25 year flow with overtopping of the road surface a maximum of six (6) inches in the 100 year storm. 3. Hydraulic computations will be completed for proposed culverts and channel improvements. These calculations will be provided on the culvert and channel layouts as necessary for the final plan set for the project. 4. Culvert and channel layouts will be prepared depicting geometric, structural and hydraulic information at a scale of 1 " =10' or 1 " =20'. It is anticipated that there will be three (3) cross drainage culverts that will require plan and profile layouts. Maintenance access to each culvert or channel shall be addressed in the design. 5. A hydraulic report for the tributary to Chandler Branch will be prepared which includes: (a) Existing floodway data for the tributary to Chandler Branch will be obtained and the existing water surface information will be verified if it exists. Future floodway data will be determined based on the expected ultimate developed state of the upstream contributing area (ultimate flow). (b) Hydrologic and hydraulic calculations and documentation of the existing and proposed crossing for existing and ultimate flows. 8 of 13 Exhibit B 9/10/2002 (c) HECRAS studies to determine the effects of a new bridge/culvert crossing of the creek on the existing and ultimate 100 year water surface elevation. Design of new structure must satisfy FEMA requirements (d) Preliminary bridge /culvert layout (e) Scour evaluation 6. Correspond with the local FEMA coordinator to ensure compliance with FEMA regulations. Prepare and submit reasonable documents, maps, calculations or computations required by FEMA. 7. The Engineer will establish a work program for the culvert/channel subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. B. STORM SEWERS, EROSION CONTROL AND SW3P 1. Interior drainage area maps will be created at a scale of 1" =100'. These maps will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run -off information from the calculation sheets. Design run -off shall be based on the expected ultimate developed state of each area (ultimate flow). 2. Run -off to each inlet and inlet hydraulic information will be calculated in accordance with the City of Austin's drainage criteria and shown on the run -off and inlet computation sheets. A clear roadway width (not impacted by spread of water in the gutter) of twelve feet in each travel direction shall be maintained for the ultimate 25 year flow. Depth of 25 year ultimate flow shall not exceed curb height of six (6) inches. 3. Storm sewers will be analyzed and computations will be prepared for the storm sewer design. 4. Storm sewers and inlets will be designed to intercept and transport the ultimate 25 year flow at a minimum, with the ultimate 100 year flow contained within the defined rights -of -way or easements. 5. Storm sewer outfall points will be confirmed through the above hydraulic design and the Engineer will finalize drainage easements requirements. The Engineer will design and detail drainage outfall channels in accordance with the City of Austin drainage design criteria. Maintenance access to each outfall shall be addressed in the design. 6. Drainage and erosion control plan sheets will be prepared depicting locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. These plans will also show erosion controls measures required for construction of the project. Erosion control measures will be described for the project in its entirety, but will not be divided by traffic control phase. The anticipated design components of the erosion control plans to be utilized on this project are silt fence, sand bags, rock filter dams, sediment traps, and construction exits. These sheets will be prepared at a scale of 1 " =50'. 7. Storm sewer profiles will be prepared at a scale of 1 " =50' H and 1 " =5' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information including hydraulic grade lines (HGL) for stone sewers flowing full or under pressure, and locations and sizes of inlets and junctions. HGL for 25 year storm shall be a minimum of six (6) inches below the theoretical gutter flowline elevation at inlets. 8. A Storm Water Pollution Prevention Plan (SW3P) will be prepared for this job in accordance with TNRCC regulations. This sheet will consist of the TxDOT SW3P text sheet that summarizes erosion control measures. VII. SIGNING AND PAVEMENT MARKINGS (Function Code 162) A. SIGNING AND PAVEMENT MARKINGS 1. Signing and pavement marking layouts will be prepared for Kiphen Road at a scale of 1 " =50'. 2. Detail sheets for small signs will be prepared for non - standard signs. 9 of 13 3. Pavement marking details will be prepared. 4. The Engineer will establish a work program for the signing and pavement marking subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. VIII. MISCELLANEOUS ROADWAY (Function Code 163) A. TRAFFIC CONTROL 1. Traffic control layouts will be prepared showing an overall layout of each phase of the construction. These will be used as key maps for the detailed traffic control plans described below. 2. Detailed traffic control plans will be prepared at a scale of 1 " =50 feet. This plan will describe the maintenance of traffic and sequence of work for each phase of the proposed construction of Kiphen Road. Typical sections, detour profiles, location of work areas, temporary paving, temporary shoring, signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during each phase of construction. 3. A detailed narrative for the sequence of construction will be prepared and submitted to the City for review and incorporation into the plans. 4. A construction schedule will be prepared which estimates the time required for each phase of construction. B. ILLUMINATION 1. The Engineer will be responsible for the production of preliminary roadway illumination layouts for Kiphen Road. It is assumed that the lighting will be twin arm luminaires placed in the median of Kiphen Road. The Engineer will coordinate with the City for location of illumination power sources. These layouts will be submitted to the City for their review and approval prior to the commencement of final design. 2. The Engineer will prepare final illumination plans based on the approved preliminary layouts. These plans shall be a minimum of 1 " =50' and will include the proposed roadway layout, roadway baselines, right -of -way lines, a legend showing standard symbols, location of overhead electric lines, existing service poles, circuits, ground boxes, etc., locations of proposed illumination, circuits and conduit locations. Tabulations of quantities will be shown on each layout sheet. 3. The Engineer will develop necessary details for the illumination. 4. The Engineer will establish a work program for the illumination subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. C. RETAINING WALLS Exhibit B 9/10/2002 1. It is not anticipated that retaining walls will be required for the development of this project. If retaining walls are deemed to be necessary during design development, they will be designed in accordance with a supplemental agreement to this work authorization. D. QUANTITIES 1. Utilities 2. Erosion Control / SW3P 3. Inlets'and Storm Sewers 4. Culverts 10 of 13 5. Pavement Markings 6. Small Signs 7. Illumination 8. Traffic Control 9. Roadway and Earthwork SUMMARY SHEETS 1. Utilities 2. Erosion Control / SW3P 3. Inlets and Storm Sewers 4. Culverts 5. Pavement Markings 6. Small Signs 7. Illumination 8. Traffic Control 9. Roadway and Earthwork STANDARDS, SPECIFICATIONS AND ESTIMATE I. The Engineer will review and select appropriate standards for use in the project documents. Standard drawings will be selected by first consulting the City of Round Rock, secondly the City of Austin, and finally The Texas Department of Transportation. If no appropriate standard exists, the Engineer will develop the appropriate details. 2. A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS &E package. Standard specifications will be selected by first consulting the City of Round Rock, secondly the City of Austin, and finally The Texas Department of Transportation. 3. The Engineer will prepare general notes for the project, as well as filling out the basis of estimate for the project. 4. An engineer's opinion of probable construction cost will be prepared prior to fmal PS &E submittal. PROJECT MANAGEMENT 1. Develop and maintain project schedules and monthly progress reports. 2. Develop project invoice using City of Round Rock standard invoice form. The Engineer will maintain project invoices including a tabulation of percentage complete by task. The Engineer will also review, approve and coordinate subconsultant invoices to ensure proper documentation is presented to the City for payment approval. 3. The Engineer will meet on a scheduled basis with the City to review project progress. Minutes of these meetings will be provided to the City. 3 12 11 of 13 IX. DESIGN VERIFICATION, CHANGES AND ALTERATIONS (Function Code 351) A. BID PHASE SERVICES 1. The Engineer will prepare contract bid documents and proposals and make them available to the contractors at the Engineer's office. 2. The Engineer will attend and coordinate a pre -bid conference. 3. The Engineer will assist the City at contract bid opening. 4. The Engineer will compile the bids into bid tabs, research low bidder and make a recommendation of award to the City. B. CONSTRUCTION PHASE SERVICES Exhibit B 9/10/2002 1. Attend one (1) pre - construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to the Owner. Attend fifteen (15) monthly Project meetings and issue meeting notes to the Owner. 2. The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of construction to observe the progress and quality of the Contractor's work. It is assumed for estimation purposes that the Engineer will visit the site once a week, four (4) hours per visit, for a total of fifteen (15) months. Based on the information obtained during such visits, endeavor to determine if the Contractor's work is proceeding in accordance with the Contract Documents. The purpose of such project site visits and such observations is to keep the Owner generally informed of the progress of the Contractor's work and to determine if the completed work of the Contractor conforms in general to the design concept indicated In the Construction Contract Documents. On the other hand, the Engineer shall not, during such visits or as a result of such observations, supervise, direct, or have control over the Contractor's work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with rules, regulations, ordinances, codes or orders applicable to the Contractor's performance of the work. The Contractor shall have sole authority over and responsibility for: (a) the means, methods, techniques, sequences, and procedures of construction (b) safety precautions and programs incident to the construction, and (c) compliance with rules, regulations, ordinances, codes and orders applicable to the construction. The Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the Contractor's failure to furnish and perform its work in accordance with the Construction Contract Documents. 3. Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. 4. Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner., and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from significant changes in the scope, extent, or character of the Project designed by the Engineer is not included in this scope of services. 5. Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 12 of 13 Exhibit B 9/10/2002 6. Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation for payment to the Contractor shall not be a representation that the Engineer: (a) has made exhaustive or continuous on -site observations to check the quality or quantity of the Contractor's work, (b) has reviewed construction means, methods, techniques, sequences, or procedures, (c) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (d) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (e) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 7. Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. 8. Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. 9. Prepare Project record drawings incorporating compiled change orders and field changes that are received from the Owner and the Contractor. Three (3) sets of prints of "Record Drawings" will be submitted by the Engineer to the Owner. One (I) set will be mylar prints and be 22" x 34" and two (2) sets will be 22 "x 34" bluelines of the mylar prints. 10. Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The mylar set of Record Drawings and its copies, which are signed and sealed by the Engineer, shall be sole documents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. 13 of 13 Notice to Proceed Finalize Existing Right -of -Way Survey Identify Utility Relocation Requirements Preliminary Schematic Submittal Pavement Design Report Submittal City Review of Schematics Proposed/Relocated Utility Assignments Public Hearing Aerial Survey Complete SUE Services Complete 30% Plans Submittal (Including Proposed Easements City Review of 30% Plans Finalize Easement and ROW Descriptions 60% Plans Submittal City Review of 60% Plans 95% Plans Submittal City Review of 95% Plans 100% Plans Submittal Project Letting Construction Phase Services Exhibit C 9/10/2002 EXHIBIT C CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY WORK SCHEDULE 1 of 1 September 12, 2002 October 28, 2002 November 1, 2002 November 15, 2002 November 15, 2002 November 15 — November 29, 2002 December 2, 2002 December 17, 2002 January 15, 2003 January 15, 2003 and ROW) February 28, 2003 February 28 — March 14, 2003 April 15, 2003 April 30, 2003 April 30 — May 15, 2003 July 15, 2003 July 15 — August 8, 2003 August 29, 2003 September 30, 2003 October, 2003 — March, 2005 EXHIBIT D CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY FEE SCHEDULE For the services described under Exhibit B, we request compensation on a lump sum basis. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man -hours and costs per function code are shown on the following pages. ESTIMATE OF MAXIMUM COMPENSATION - All Function Codes DIRECT SALARY COST (See attached summary) Project Manager 607 Hrs. @ $48.00 = $ 29,136.00 Senior Design Engineer 943 Hrs. @ $37.00 = 34,891.00 Design Engineer 2,225 Hrs. @ $31.00 = 68,975.00 EIT 2,687 Hrs. @ $24.00 = 64,488.00 Clerical 296 Hrs. @ $15.00= 4,440.00 TOTAL DIRECT SALARY $ 201,930.00 SALARY RELATED COST (173.08 %) $ 349.500.00 TOTAL LABOR COSTS $ 551,430.00 A FEE (12 %) $ 66,172.00 B EXPENSES Miscellaneous Expenses Subtotal $ 25,360.00 Subconsultant Expenses (See attached summaries) Surveying and Mapping, Inc. $ 37,992.00 Aerial Data Service, Inc. $ 13,500.00 Inland Civil Associates, LLC $ 33,800.00 Terra -Mar, Inc. $ 9,980.00 Huggins /Seiler & Associates, LP $ 104,075.00 Subtotal $ 199,347.00 TOTAL EXPENSES $ 224,707.00 C MAXIMUM AMOUNT PAYABLE (A +B +C) $ 842,309.00 Exhibit D 9/10/2002 1 of 13 Firm Exhibit D 9/10/2002 EXHIBIT D CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY FEE SCHEDULE Chiang, Patel & Yerby, Inc. Surveying and Mapping, Inc. Aerial Data Service, Inc. Inland Civil Associates, LLC Terra -Mar, Inc. Huggins /Seiler & Associates, LP TOTAL PROJECT FEE = 2 of 13 Total Fee $642,962.00 $37,992.00 $13,500.00 $33,800.00 $9,980.00 104.075.00 $842,309.00 PROJECT NAME Kiphen Road PROVIDER NAME- Chiang. Patel Yerby EXHIBIT D Fee Schedule /Budget for Chiang, Patel 8 Yerby, Inc. Fee - CPY•zls ROUTE & DESIGN STUDfES (FC 110) A • Sol Bonng 8 Testing__. Al Services Provided by Terra -Mar, Inc. A2 Services Provided Terra-Mar, Inc. _.... by Te A3 Services Provided Terra -Mar, Inc_ A4 Services Provided by terra-Mar, Inc. • A5 Services Provided by Terra -Mar, Inc. AB Subconsullant Coordination .. B. Data_ Collection B1 Project Kick -off _ 82 Collect Data B3 Research Issues - _ B4 Roadway Design_ Criteria_ _ r.. Design Schematics C1 •Prepare Geometncs - C2 Typical Sections C3 Preliminary_Drainage Analysis____ C4 Preliminary Culvert Sizing •C6 •Prellmin y Cross Sections _ C6 Establish Proposed ROW Requirements C7 Drainage Easements C8 Identify Property Owners C9 Preliminary Opinion of Probable Cost • C1C Define Pavement Edges Cl1 Conceptual TCP FC .110• SUBTOTALS HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL - TEC 110) FEE SCHEDULE Kfphen Road - From MKT Railroad ROW to CR,122 City of Round Rock, Texas Nu. of PSSE Shoots Projoct Manngcr 4 4a 5 2,352.00 $ 4,070.84 $ 6,422.84 $ 770.74 $ 7,193.58 Senior Design Engineer 2 2 8 .1 ' 0 2 2 4 2 18 6 lati 4 36 16 24 4 6 2 10 8 i °. of 244 $ 2,997.00 $ 7,564.00 $ 5,187.21 513,091.77 $ 8,184.21 520,655.77 $ 982.11 $ 2,478.69 $ 9,166.32 J 4.46 18 124 68 4 60 8 12- 6 16 24 18 366 $ 8,784.00 $15,203.35 $23,987.35 $ 2,878.48 $26,865.83 Clerical Total Labor Total Direct - Hours Labor Costs' 615.00 $ 60.00 $ 103.85 $ 163.85 $ 19.66 $ 183.51 24 $ 928.00- 44 $ 1,33000 _ 18 5 _ 696.00. 16 • 478.00 204 $ 5,596.00 14 5 401.00 116 $ .. 3,236.00. 22 $ 677.00 92 $ 2,502.00 16 $ 486.00 22. $ - 644.00 10 $ 291.00. 38 $ 1,182.00'. _38_ $ . 1,068.00 - 42 S 1,234.00 744 2 21,757.00 5 66,643.70 9/10/2002 Page 3 of 13 PROJECT NAME: Kph. Road PROVIDER NAME Chiang, Petal Yemy Fee - CPY.%Is EXHIBIT D FEE SCHEDULE Fee Schedule /Bud• et for Chian., Patel & Yerb , Inc. R tat • ry Al ' 5 y e inantel •moment- HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.0016) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 120) 'ices P0bI1MHesdee?Aa68 , W, „`B2�• Peblleh N011ce'bf P0bIIC' eeil B3 01 Nbit371 B4 _Hel COnth0tPLblkHeertn C j iii 's` a1!0I .B5 P8b1IC Hoan 806 Be PobIIC Hear) • R n 4et ,137, Meet wl Pro._,. OmfaradN 01003d.Ataaa11003 — a -.�3 Id 28 a 1.344.00 S 2,326.20 S 3,670.20 S 440.42 30 $ 1,406.00 S 2433.50 S 3,839.50 $ 460.74 MNIMM a y... ter. FAIMEN 79 S 2,449.00 S 4238.73 E 6,887.73 S 802.53 57 S 1,368.00 S 2.367.73 $ 3,735.73 E 448.29 36 § 540.00 $ 934.83 E 1,474.83 E 178,96 439;00 MINEEMEEIMI 238 § 7,107.00 t er102002 Page of 13 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D FEE SCHEDULE Fee Schedule /Budget for Chiang, Patel & Yerb , Inc. X92 - Ct6a(61ExisNn. U01i[i' D .ltal .'iA3 Delermine.POlends B1 B SUy lernental Agreement .A5 Provide -Plans to UtilityCOm 582.00 Servides Provided • -SAM 1r Provided • ":SAM 1fC .C2 Servii C3 Services. Provided • .SAM Inc -C4 Services Provided b 'SAM Ind -. C5 Services Provided • SAM, Inc C6 Services Prov)ded b SAM Ina C7 Services Provided b ,SAM, .Inc. - ttBTe TA.r, HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 130) 0 10 $ 480.00 $ 830.78 $ 1,310.78 $ 157.29 5 1, 468.07 IMINERISMENINEMBEEIBM MIME= 18 $ 666.00 $ 1,152.71 $ 1,818.71 $ 218.25 $ 2,038.96 62 $ 1,488.00 $ 2,575.43 $ 4,063.43 $ 487.81 34 $ 1,054.00 5 1,824.26 $ 2,878.26 5 345.39 EEEEIMILEINEMEMIIM nammossommea 5 $ 1.068:00 670.00- $" 780;00 : :588.00 Fee - CPY.xls 9/102002 Page 5 of 13 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang. Patel Yerby Fee Schedule /Budget for Chian •, Patel & Yerb , Inc. VOW 4- VT7 ;r Al Services Prbvidetl:b' "SAM,Inc .: §il .. r; (: „!, rigs.Risr - =A2 .SeroiceS Provided b SAM Inc .,. c, „ -iA3 eServices:Provldeed. ° SAM Fnc .,p _a A4. Service6Provlded SAM Inc ..g --nl .15a „_ $48.00 :r A5: Serldes.Provlded •`BAM Inc, r � _{ ..,,, "� 1 _' AB Servlde6Provlded :A8 Servicee Provided b ;SAM Inc rA9' Services:Provided b ".SAM Inc 'A10 Field Surve "ne Caordinotion ”. HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 150) INIMEERIMENSIBEENEINIZEI 26 $ 806.00 $ 1,395.02 $ 2,201.02 $ 264.12 $ 2,465.14 0 61 'Services Provided • ADS Inc. 132 Services Provided • ADS Inc B3 Services Provided • ADS Inc :64 ServICee Provided :b ADS Inc „ B8 Services Provided • ADS Inc. BtIAerial Phbto•ramme - C:OOrdmahori'j .;,„ m Ir 504Ii_6U= e. •h' ArIr. 16 $ 768.00 $ 1,329.25 $ 2,097.25 $ 251.67 26 $ 962.00 $ 1,665.03 $ 2,627.03 EIMMEEEMA EINIMENNESSIENIE NIMEMENEMBEENI INMEEMSZEIMENESIIMMIIIMIN NORMS BININIENIMENIMII ESIMMENII $ fi,568 :00 968.00 - CPY.xls EXHIBIT D FEE SCHEDULE 9/10/2002 Page 6 of 13 PROJECT NAME: Klphan Reed PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee Schedule /Budget for Chian., Patel & Yerby, Inc. Al Pavement DesI.n Re•ort 01 ProedtT et &IndeltdfSheetB' _ ,m . g kh•n i:Projeot ut Sheets' 7 100' H tB3 �•lc0ISections SB4 Cross'S "edlon __ ,'135 Refine eVerael Geome i'66' Horizontal Ali.nm'e t Date Sheet ::. B7 Roadwa :Plan and Profiles BB °Sepplementa GradIin Shaels , B9 Details HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 160) MISSIZERII 101 Kontsintinsimiliiimikanittonsommemsai MINNIE 43 $ 2,064.00 $ 3,572.37 $ 5,636.37 $ 676.36 .�..,, 0 INNEIMI EOM MEM 0; rr r Ela 51111003111615121111311111111111103 r MEWS 100 $ 3,700.00 $ 6,403.96 $10,103.96 $ 1,212.48 EXIMIEBEEIZI 410 $12,71D.00 521,998.47 934,708.47 $ 4,165.02 $38,873.49 696 $16,704.00 528,911.28 945,615.28 $ 5,473.83 $51,089.11 4 $ 60.00 $ 103.85 $ 163.85 $ 19.66 MEM 1,253 $ $ 1;340:00 2,484 :00 6,976.00 = =: 562.00- $ oe 10,97000 3,972.00 $ = 1,286.00 $ 35,238.00 Fee - CPY.xts FEE SCHEDULE 9110/2002 Page 7 of 13 PROJECT NAME: Klphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee - CPY.xls FEE SCHEDULE Fee SchedulelBudget for Chiang, Patel & Yerby, Inc. $48.00 wiamtrammaimmunam 01veta C 900e = •.Dlte —Al. Services Provided 'b 1 -1 •• Ins/SeifeY: P oA2 Services' Provided lrisfSeiler'..LRAOoO ai A3. Services Provided Hu insISeilerAP .A4 Services Provided • Hu •ins/Seller; LP __ .O ;A5 Services: Provided • 1-10, A6:; Services Provided b` Hu• • ins/Seiter` <LP 1 :..... .: Subconsultant Coordination;.: < : r c1i 'Otte x 00 =B1 IntedorAreaMa•s - '92 .:Run=off and Inlet Com _ .; 83 iStorm sewer :Ceti ula1ons 1341-Ana - 'IOO Year Fld'eH ventiOdOpti B5/1t1 TOilffail Points' in'=... . Dralna•'d!ebdEre • rol Plan'Sheels ?I 28 110 $ 4,070.00 $ 7,044.36 $11,114.36 $ 1,333.72 512,448.08 410 $12,710.00 $21,998.47 $34,708.47 $ 4,165.02 $38,873.49 MIMS ifL,• =t-i U €.A(t t ..1! HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08%) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 161) 42 $ 2,016.00 $ 3,489.29 $ 5,505.29 $ 680.63 $ 6,165.92 510 $12,240.00 521,184.99 533,424.99 $ 4,011.00 $37,435.99 0 mom szamosi mum =swam IIIIIMIBEIBEINIMBINIMMOI EOM illESSEE3 WAINIEDIESIBMIN !MEM MIMEO IMMO EMEE 1,072 ,,1,026;00 2,072.00 1,008.00 568.00; 9/102002 Page 8 0.13 PROJECT NAME: Klphen Roed PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D FEE SCHEDULE Fee SchedulelBudget for Chiang, Patel & Yerb , Inc. Al Services Provided - •' fi " •Ins/Seil'ed LP aal .r, IP >.: A2 86101045 Provided• " " HUe, ina/Seilef , IP hti $48.00 A3 ` Servide*piolded • nsultant COOtdlila - .. -... -. HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08%) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 162) 0 2 $ 96.00 $ 166.16 $ 262.16 $ 31.46 8 $ 296.00 $ 512.32 $ 808.32 $ 97.00 5 905.32 $ 248.00 5 429.24 $ 677.24 $ 81.27 0 €�-- '''+�'II . :162'.:. •U • AL'." ..-- � ..I #�EIi;' »eX T Fee - CPY.xIs 9/102002 Page 9 of 13 PROJECT NAME: Y4plen Road PROVIDER NAME_ °Nana, R. V., Fee - CPY . %Is EXHIBIT D FEE SCHEDULE Fee SohedulelBUd, et for Chian., Patel & Ye • Inc. AL T8o1fl 5nirol plen'L9 : 1s t CdnaolPlans._..'.l? A43 Fithian - ;Sn <Sthedule :83 SorvGae 71,Vlded • Hu• • nsSeller.LP=::.. :: 04eSubee5SuacMCooMMalan _. 82 . Seri4rn9Pro4ded • Hu LPS'; ar kOua 01: U95aes ' =O6' pavement Markl 2 - 06' Sma9 Sl _ns 07 -17 minea0n , stun Control 1 SW3P• . . .. . ^•w =,1 D3 West Ind Slomi 8 erweri ;DB .TreloControl 09 -Roa 736 ._ E2 :Era 8foNCO SOOIISW3F...,. i :,95'PaaeimantM E6;Smell SI,rie : �i 57 IIlum1118981 58 •TratfcControl • F2 S•- one 6 •60 , ' , .dneerid • -L 1 .. F3 Eadria l5aaa F4 • En:Meela••INon al"Piobeble'Cost HOURS SUBTOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (17308 %) TOTAL LABOR COSTS FIXED FEE _ SUBTOTAL (FC 163) f 7,872.00 113624.B 521,496.80 $ 2,579.62 524. 076.48 258 $ 9,546.03 516,522.22 528,068.22 S 3128.19 802 $24200 643,031.15 &7,893.15 $ 8 147.18 876.040.33 836 ¢0,064.00 514,726.77 54,790,77 S 6574,89 51.38566 G1 Scheduled -end' • • .42 • ,1732 -Prepare. Month tnvaiaee . G3:. • •: • - • • • resahlee5n s e : a- • & : , :xmc,— - v,t &t1t :ven EMISIDBIEBIBILIBIBBEEM INNIBIRMSEBBIECIIBRIMI 9 IMIES113110181 MEMO] BISEEMIEMBSUIBIEMEDI imam 56 S 2,340.00 S 4, 050,07 $ 6,390.07 $ 766.81 FEED MEM IMIBBIELAMBEIBBM BM= NEENRECHIEBBea 5 632,00 42.00 030.00 6,00 18.00 2140.00 3000 330.00 BERM IMISBILMIESEIBEEIEREI ISISSMIIMINSIEMSNEEZIMINKI E 4162.00. S 5072,00 ' 33000 330.00 ®." 2.220.00 SIMINIMEESEEMIEMIttai Page 100113 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee Schedule /Budget for Chiang, Patel & Yerby, Inc. Vfil..s9ilt'B ON TRUCT /U E.V(-E"4 A9 Prepare 3d DOduments A2 ;Pre, BidConference A3 =BidO• nm• 'wA4; Reccon5ehdationof r t o ldn P I - 61= `COnferencesandMeetih 62', PrOJectSrte Visfs and Obaervation of,COnsirudtion a s >B3: iClarifications 'and "Intel ret torts ^'B4C Change',Orders. - = B5 - - 5ho• Dratnin.s 66::A•plicationfor:Pa mehl B7 ubstantial endFihal Coni �fetlon B9sFtedom Drawings B10EIecttbnic - Files ,' :F ,O 85AI- LS.FJBTO7AL5l !__'= '&,sIIIiI'!m. HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08%) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 351) $48.00 96 $ 1,440.00 $ 2 $ 3,932.35 $ 471.88 $ 4,404.23 928.00`: $ w�'SBOAq! $ -_> 2,816.00 B8;'° Contr 'actors.C'om•Ielion.DO8ilments .., ,,.. 10 253 $12,144.00 921,018.84 $33,162.84 $ 3,979.54 tJ 304 $11,248.00 $19,468.04 $30,716.04 $ 3,685.92 $34,401,96 212 $ 6,572.00 $11,374.82 $17,946.82 $ 2,153.62 $20,100.44 160 $ 3 $ 6,646.27 $10 $ 1,258.35 MEMO 1,025 ;-!}58085.10` 1 0; 2 0 0 .00, 61000!. $ ° 0 36600. 1,360;00': $ :!;11:44; Fee - CPY.xls FEE SCHEDULE 9/10/2002 Page 11 of 13 PROJECT NAME: }Cipher! Road PROVIDER NAME: Chiang. Patel Yerby EXHIBIT D FEE SCHEDULE Fee - CPY.xIs 9/10/2002 Page 12 of 13 Ta sk Des �p4ora �„ I 7� otal SS, i 1 ' t _ Q7A M- ROUTE & DESIGN STUDIES (FC 110) $ 66,543.70 SOCIAL & ENV STUDIES AND PUBLIC INV. (FC 120) $ $ $ 21,736.73 11,279.72 7,756.33 RIGHT -OF -WAY AND UTILITY ADJUSTMENTS (FC 130) FIELD SURVEYING AND PHOTOGRAMMETRY (FC 150) ROADWAY DESIGN CONTROLS (FC 160) $ 107,775.28 DRAINAGE (FC 161) $ 94,923.48 SIGNING AND PAVEMENT MARKINGS (FC 162) $ 1,957.45 MISCELLANEOUS ROADWAY (FC 163) $ $ 197,835.76 107,793.63 BID AND CONSTRUCTION SERVICES (FC 351) SUB -TOTAL LABOR EXPENSES $ 617,602.00 S MA - 4. 1 .� TOTAL LABOR COSTS $ 617,602.00 EXPENSES $, 25,360.00 TOTAL CP &Y FEE $ 642,962.00 SUBCONSULTANTS Surveying and Mapping, Inc. $ 37,992.00 Aerial Data Service Inc. $ 13,500.00 Inland Civil Associates, LLC $ 33,800.00 Terra -Mar, Inc. $ 9,980.00 Huggins /Seiler & Associates, LP $ 104,075.00 GRAND TOTAL $ 842,309.00 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee - CPY.xls FEE SCHEDULE 9/10/2002 Page 13 of 13 ACOR CERTIFICATE OF LIABILITY INSURANCE o na/2002 PRODUCER McLaughlin Brunson Insurance Agency 10925 Estate Lane Suite 250 Dallas TX 75238 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Chiang, Patel & Yerby, Inc 1820 Regal Row Suite 200 Dallas TX 75235 INSURER k United States Fidelity and Guaranty Company INSURER B: American Manuf. Mutual (Kemper) INSURER C: Security Ins. Co. of Hartford (DPIC Companies) INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TN INSR TYPEOFINSURANCE POLICYNUMSER POLICYEFFECTVE DATEIMMIDDIYO POLICYEXPIRATIOH DATEIMM+DOIY1'1 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY BK01152873 06/01/2002 06/01/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one are) S 1,000,000 1 CLAIMS MADE © OCCUR MED EXP (Any one person) $ 10,000 PERSONAL $ ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2,000,000 GER. AGGREGATE LIMIT APPLIES PER 7 POLICY n To-, 11 LOC PRODUCTS• COMPJOPAGG S 2,000, A UTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X VIREO AUTOS X NON-OWNED AUTOS X There are No Owned BK01152873 06/01/2002 06/01/2003 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY accident) (Parw $ PROPERTY OHMAGE (Per accident) S Autos GARAGE LIABILITY ANY AUTO ,. AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG $ A EXCESS LIABILITY X OCCUR ■ CLAIMS MADE BK01152873 06/01/2002 06/01/2003 EACH OCCURRENCE S 4,000,000 AGGREGATE - 5 4,000,000 S _ DEDUCTIBLE RETENTION S $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 7CQ611320 -04 01/01/2002 01/01/2003 XI T Z$1 I FT El. EACH ACCIDENT $ 500,000 EL. DISEASE EA EMPLOYEE $ 500,000 EL. DISEASE • POLICY LIMIT S 500,000 C OTNEBProfessional Liability AEE0225139 04/01/2002 04/01/2003 $ 2,000,000 Per Claim/Aggregate DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The claims made profl liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. A Waiver of Subrogation is shown in favor of City of Round Rock on the Workers Compensation, General, Auto & Umbrella liability coverages. CERTIFICATE HOLDER l ADDITIONAL INSURED; INSURER LETrER: CANCELLATION City of Round Rock City Manager 221 East Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMOEAVOR-TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,HBRFAIA R&TOBOSOEILALL - IMpoec. Neeesd6ATION- OR-LMBIERY- GPAN14INO GPOM ;HEINGURER:.. - REPREGENTAAYE& AUTHORIZEDREPRESENrATIVE ACORD 25-5 (7/97) EXHIBIT F CR 113 Phase 11 ,ppd R p w I922 DATE: September 20, 2002 SUBJECT: City Council Meeting — September 26, 2002 ITEM: *11 D 3 Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc. for the reconstruction of Kiphen Road from the old MKT Railroad right -of -way to CR 122. Resource: Jim Nuse, Chief of Operations/Assistant City Manager Tom Word, Director of Transportation Services History The Round Rock Transportation System Development Corporation's TCIP includes a project for the reconstruction and expansion of Kiphen Road to a 4- lane divided arterial. This original contract will provide for the preparation of schematics, environmental documents, plans, specifications, and estimates (PS &E) for the widening and reconstruction of Kiphen Road from the old MoKan right -of -way to CR 122. Chiang, Patel, & Yerby Inc. has agreed to perform the services for $842,309. Funding: Cost: $842,309.00 Source of funds: Round Rock Transportation System Development Corporation Outside Resources: Chiang, Patel, & Yerby, Inc. Impact/Benefrt: The reconstruction and widening of Kiphen Road will increase capacity to Old Settlers Park and Dell Diamond, improve the quality and safety of Kiphen Road and eliminate existing maintenance problems. Public Comment: N/A Sponsor: N/A ROUND ROCK, TEXAS PU'RP05E. PASSION. PROSPFRITV. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH CHIANG, PATEL & YERBY, INC. Contract No. O THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 26th day of the month of September, 2002, 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 CHIANG, PATEL & YERBY, INC., whose principal place of business is located at 11149 Research Blvd., Suite 330, Round Rock, Texas 78759, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, City and Engineer desire to contract for such professional engineering services; and 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 wish to document their agreement conceming 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: R- oa -09 - o -11 D3 CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 31st day of the month of May, 2005, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of eight hundred forty two thousand, three hundred and nine dollars ($842,309.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Tom Word, P.E. [Name] Transportation Services Director [Title] 2008 Enterprise Drive [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. 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 Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: David A. Nachman, P.E. [Name] Vice President [Title] 11149 Research Blvd., Suite 330 [Address] Austin, Texas 78759 [City, State, Zip] (512) 349 -0700 [Telephone Number] (512) 349 -0727 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. 6 ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. 7 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (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 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. 8 (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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer 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. 9 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections 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 riot be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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. 10 (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect minimum insurance coverage in the amount of one million dollars ($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in the amount of one million dollars ($1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - 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 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. 11 (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 Engineer. (3) The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and /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 such future coverage, or to City's Self - Insured Retentions of whatever nature. (5) Engineer 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. (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 herein as Exhibit F entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement 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 Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12 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: Chiang, Patel & Yerby, Inc. David A. Nachman, P.E. Vice President 11149 Research Blvd., Suite 330 Austin, Texas 78759 ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 33 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 Agreement. ARTICLE 34 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 13 ARTICLE 35 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" - NA (6) Exhibit F "Certificates of Insurance" 16 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 Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. 2 -0- o9 - a/p — I IDS , approved by the City Council on the 26th day of the month of September, 2002, and Engineer, Chiang, Patel & Yerby, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, ATTEST: City Secretary ENGINEER: By: Signature of Principal Printed Name: David A. Nachman, P.E. ATTEST: BY: 4P.z`^- Office Manager ARTICLE 36 SIGNATORY WARRANTY 15 EXHIBIT A CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY SERVICES TO BE PERFORMED BY CITY The City will furnish to the Engineer the following information and/or perform the following tasks: 1. The City will provide the City of Round Rock drainage, roadway and pavement design criteria. 2. The City will provide mapping of the ongoing and planned development for the entire project area in Microstation (DGN) format. 3. Provide existing plans, past studies, correspondence, materials and mapping relative to the project as available. 4. Meet on an as needed basis to answer questions, provide guidance and offer comment. 5. Conduct a Public Hearing for the project with the Engineer's assistance. 6. Furnish parcel plats, deed descriptions and right -of -way maps where available along the project corridor. 7. Provide digital photography for the project area. S. Coordinate with the City attorney and the City parks director for the acquisition of right -of -way from Old Settler's Park. 9. Provide GPS points for project horizontal and vertical control. Exhibit A 9/10/2002 1 of 1 EXIIIBIT B CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY SERVICES TO BE PERFORMED BY ENGINEER The Engineer shall provide the necessary engineering and technical services for the preparation of schematics, environmental documentation, plans, specifications and estimates (PS &E) for reconstruction of Kiphen Road in Williamson County from the Old MKT Railroad right -of -way to CR 122 in the City of Round Rock. These construction plans will describe the construction of a four -lane divided urban arterial roadway with a raised concrete curb and gutter median. Project also includes reconstruction of a portion of several cross streets including Fairview Drive, Brenda Lane, Harrell Parkway, Aten Loop, proposed Arterial A and CR 122. The length of this project along Kiphen Road is approximately 9,500 linear feet (1.8 miles). The construction plan set for this project will contain the required drawings and details pertaining to grading, paving, culvert layouts, signing, pavement marking, delineation, sequence of construction, traffic control and drainage. The above - described plan set will be prepared in English units and shall be suitable for the bidding and award of a contract through the City of Round Rock's construction contracting system. This project will be designed using English units of measure. Scales and submittals referred to in this scope of services assume a 22" X 34" construction plan sheet. The designs included in the above described PS &E shall be in accordance with the requirements of the 1984 edition ITE's GUIDELINES FOR URBAN MAJOR STREET DESIGN, the 2Q01 edition of AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAY AND STREETS, TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES including Part VI. The Engineer will establish a roadway geometry model and perform earthwork and paving quantity calculations with the Bentley Microstation enhancement known as GEOPAK. The CADD and GEOPAK criteria files, which comprise the geometry model, shall be provided to the City at the completion of the project. Hydraulic designs and calculations for culverts will be perfotmed'with a PC -based hydraulic model such as HECRAS, CULVERT, CULVERT MASTER or other hydraulic model approved in advance by the City. The culverts will be sized to accommodate run -off from the subject roadway and run -off from outside the project limits. Hydraulic designs and calculations for inlets and storm sewers will be performed using WINSTORM or an equivalent program. Exhibit B 9/10/2002 1 of 13 TASK OUTLINE ROUTE AND DESIGN STUDIES (Function Code 110) 1. ROUTE AND DESIGN STUDIES (Function Code 110) A. SOIL BORINGS & TESTING 6. The Engineer will establish a work program for the geotechnical subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. B. DATA COLLECTION 1. Schedule, prepare for and attend a project kick -off meeting with the City of Round Rock staff. Exhibit B 9/10/2002 1. Perform nineteen (19) borings spaced at a maximum of 500 feet apart, alternating between the proposed lanes. Each boring should be drilled to a minimum depth of ten (10) feet. Sampling and resistance testing will be performed in accordance with standard procedures. Subsurface soil will be sampled continousley from the ground surface to a depth of 10 feet below existing grades or auger refusal. Bulk samples of near surface soil will also be obtained along the roadway alignment. Falling Weight Deflectometer testing is not included in this scope of services. 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S.C.S. Soil Classification (b) Atterberg Limits Tests (c) Grain Size Analysis (d) Texas Triaxial Test (e) Moisture Content (f) Unconfined Compressive Strength 3. Provide temporary signs, flags, flaggers and safety equipment required for effective traffic control. It is assumed that drilling crews can operate in the roadway continuously from 9:00 AM to 4:00 PM. Coordinate with locator service to determine existing utility locations. 4. Borings will be backfilled with cement stabilized sand and pavements will be patched with cold mix asphalt. 5. Provide a formal report detailing results of the field and laboratory investigations. The report will include: (a) Boring Location Plan and Logs with Elevations. (b) Soil Test Results (c) Site Description and General Soils Information for the Area (d) Groundwater Conditions (e) Discussion of Subsurface Conditions at Boring Locations (f) Engineering and Construction Recommendations (g) Subgrade Preparation and Earthwork Recommendations 2. Collect and review available data for Kiphen Road and adjacent areas and roadways. The Engineer will also perform field investigations to aid in this task. This task will include the collection of record drawings, as- built plans, past studies and transportation plans. The Engineer will also review this data to determine the applicability of each item to the project roadway. 3. Research and identify significant issues, as perceived by the City of Round Rock, or local officials who may influence the location and selection of the roadway alignment and features. 2 of 13 C. DESIGN SCHEMATICS 5. Preliminary cross sections will be prepared at 100' intervals. These cross sections will be for estimation of cut and fill quantities, as well as possible retaining wall locations and heights. 6. The Engineer will establish proposed right -of -way requirements and locations. 7. Drainage easement location and size requirements will be determined. 8. Identify affected property owners. 9. A preliminary engineer's opinion of probable construction cost will be developed for the schematics. 10. Pavement edges will be established for Kiphen Road and any affected side streets. 11. A conceptual traffic control plan will be developed to ensure constructability of the schematic. This plan will consist of a plot of each major phase of traffic control. II. SOCIAL & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) A. ENVIRONMETAL DOCUMENTATION B. PUBLIC HEARING 1. A notice of the public hearing will be mailed to each of the property owners defined in the distribution list for the project corridor. 2. The Engineer will write and publish the official notice of the public hearing in the Round Rock Leader and the Austin American Statesman. Exhibit B 9/10/2002 4. Develop the roadway design criteria for the project to be discussed, revised and approved by the City prior to commencing design activities. 1. The Engineer will prepare calculated horizontal and vertical geometrics for the project roadway, as well as any affected cross street. Design will be based on digital photography and vertical terrain information provided by the City. 2. The Engineer will develop a Kiphen Road typical section in accordance with the City's design criteria. 3. The Engineer will complete a preliminary drainage analysis to aid in the geometric design development. The Engineer will perform preliminary design for the delineation of drainage areas, for the determination of potential drainage outfalls, for the determination of potential drainage easements, and for the preliminary design of roadside ditch grades and sizes. 4. Preliminary culvert sizing will be performed for the purposes of estimating vertical grade constraints on the project roadway, as well as determining drainage easement requirements. 1. It is assumed that no environmental coordination or documentation will be required for this project. If it is determined during project development that these services are required, it shall be handled as a supplemental agreement to this contract. 3. Prepare public hearing displays/exhibits /handouts and brief City staff, public officials and local agencies on information related to the public meeting. 4. Help conduct one public hearing/open house by determining a location, setting up the facility, hiring a court reporter, providing sound equipment, providing personnel to attend the sign -in table and support the open house and meeting, and conducting the technical presentation. 3of13 III. RIGHT -OF -WAY DATA AND UTILITY ADJUSTMENTS (Function Code 130) A. UTILITY COORDINATION AND RESEARCH 1. Identify existing utilities in the corridor by researching existing plans, contacting utility companies, field reconnaissance and survey. 2. Compile utility research into a Microstation (DGN) file showing location of utilities found through above research. This file is not intended to be exact utility locations, but to be used to determine potential conflicts. B. RELOCATION OF CITY UTILITIES C. RIGHT -OF -WAY Exhibit B 9/10/2002 5. Prepare a public hearing summary including a summary of comments, both verbal and written, received at the meeting and ten (10) days subsequent thereto. 6. Prepare a bound report for the public hearing to include legal notices, photographs of displays and set -up, handouts distributed at the meeting, attendance sheets, comment sheets, comment cards, letters sent and received, public meeting summary and summary of comments. 7. The Engineer shall meet with property owners / neighborhood associations as required to answer questions regarding the proposed project. 3. Upon completion of preliminary schematics, the Engineer will determine and identify on paper potential utility conflicts and relocation requirements. Assignments of utilities that must be relocated will be determined and coordinated with the appropriate utility owner. Existing utilities with the potential to remain in place will be field verified horizontally and vertically through SUE services. The scope of these services will be determined, and a supplemental agreement to this contract will be executed to provide these SUE services. 4. The Engineer will provide a database in spreadsheet format that includes utility type, size, location, status of relocation effort, and owner contact information for each utility identified. 5. The Engineer will provide plan and profiles, culvert layouts, and other sheets as required to utility providers to assist them in their relocation efforts. 1. Upon determination of relocation requirements for City of Round Rock owned utilities, the Engineer will provide utility relocation plans and details through a supplemental agreement to this contract. 1. The Engineer will obtain current ownership information for approximately 40 parcels per the Williamson County Appraisal District records for properties adjacent to Kiphen Road within the limits and for any other properties on which aerial panels must be set. This record information will be provided in CADD and Excel spreadsheet format. 2. Prepare a list of property owners in the project corridor for use in distributing the Public Hearing notices. 3. Locate property corners and indications of property lines crossed by the proposed route. 4. The existing ROW lines of Kiphen Road will be surveyed. Existing ROW monuments marking PC's, PT's and angle points will be located by this survey, if they exist. The location of the existing ROW lines will be computed based on these found monuments and the information provided by the City. The existing ROW lines will be staked at 500 -foot stations. 5. The Engineer will provide the City with a 2D Microstation file containing the location of the existing right -of- way lines, apparent or record property lines and property owner names. 4 of 13 Exhibit B 9/10/2002 6. The Engineer will prepare a written description with sketches for the proposed right -of -way taking. It has been assumed for this service, that this will affect one property. 7. The Engineer will prepare a written description with sketches for the proposed easement requirements. It has been assumed for this service, that this will affect (10) ten properties. IV. FIELD SURVEYING AND PHOTOGRAMMETRY (Function Code 150) A. FIELD SURVEYING SERVICES 1. The Engineer will obtain right of entry by signed letter from property owners on whose property ground control must be set. 2. The Engineer will establish primary horizontal and vertical control by GPS methods. A horizontal traverse will be run for the length of the project based on the GPS derived coordinates. The traverse coordinates shall be adjusted to the published coordinates for the City of Round Rock GPS control points. Horizontal datum will be TxSPC, Central Zone NAD 1983 (HARN 93) and vertical datum will be based upon NAVD 1988, as per the published information for the City of Round Rock control points. State plane surface coordinates will be provided based upon Texas Department of Transportation (TxDOT) method of conversion with a project specific combined scale factor or a scale factor specified by the City. 3. A level loop will be run for the limits of the project through the GPS control points, and benchmarks will be established at intervals of no more than 1000 feet. 4. The Engineer will set and maintain aerial centerline panels (approximately 9 panels) at approximately 1500 - foot intervals and aerial vertical wing panels (approximately 18 panels) approximately 300 feet perpendicular to the flight centerline. Based upon the primary project control, X and Y coordinates and elevation will be determined using static GPS and conventional leveling for the center panels and elevation will be determined by conventional leveling for the wing panels. This information will be provided in hard copy and ASCII digital format. The Engineer will also prepare a 2d Microstation control plan sheet. 5. The Engineer will survey and tie visible existing utilities, as well as obtaining flowlines at manholes within the project area. 6. The Engineer shall stake the proposed Kiphen Road centerline alignment at PC's, PT's, PI's and at 500 -foot intervals along tangents using 5/8" iron rods with caps within the project limits. 7. The Engineer will obtain topographic information of sufficient detail to ensure a smooth transition where the proposed pavement ties to existing roadways. 8. Ground surveyed cross sections will be obtained for creeks and storm sewer outfalls within the project area. 9. The Engineer will provide field surveying, as required, to supplement areas not covered by the aerial topography. 10. The Engineer will coordinate with soil testing and field tie approximately 19 soil borehole locations. 11. The Engineer will establish a work program for the field surveying subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the field surveying subconsultant's work. 5 of 13 B. AERIAL PHOTOGRAMMETRY SERVICES Limits of aerial photogrammetry services are from FM 1460 to just east of CR 122 in Round Rock, Texas. The Engineer will map a 600' wide corridor of the project alignment. Exhibit B 9/10/2002 1. Aerial Photography (a) New black -and -white aerial photography will be obtained with a Zeiss RMK TOP 15 calibrated precision aerial mapping camera. The camera is equipped with forward motion compensation (FMC) and interfaces with a Trimble 4000SSE GPS receiver and an Applanix inertial position and orientation system. Aerial photography will be obtained at an altitude of approximately 1,500' AMT (above mean terrain) for digital mapping. The scale of photography will be approximately 1:3,000. Project photography will cover a corridor approximately 1,600' in width. 2. Analytical Aerotriangulation (a) Full analytical aerotriangulation is necessary to extend control throughout project photography for the development of digital orthophoto mapping. (b) Selection of photogrammetric points for control extension will be performed with strict adherence to rigid geometric and photogrammetric principles. Measurements will be made on Zeiss P -3 Planicomp analytical stereoplotters with digital superimposition and Z/I Imaging softcopy workstations running Photo -T software. (c) Several computer programs will be run to perform data analysis and data refinement tasks prior to obtaining fmal results. These computer programs allow us to detect, isolate, and evaluate the contribution of measurements to the final results, (d) Following data analysis and refinement, the Engineer will perform a simultaneous least square block adjustment of measurements to obtain the final results. The block adjustment combines the mathematical constraints of the colinearity equations with rigorous statistical analysis to ensure accurate results. 3. Digital Data Collection For Planimetric Features (a) Digital data will be collected at 1 "= 50' scale for planimetric features that are identifiable on, or interpretable from the aerial photographs. Features to be collected for this scale planimetric mapping shall include the following; buildings, roads, railroads, drainage features, bridges, culverts, fences, driveways, poles, sidewalks, individual trees, fire hydrants, manholes, and catch basins. Digital data will be collected for the specified area. Digital planimetric data will be provided in Microstation format. (b) Stereo compilation will be performed with Zeiss P -3 Planicomp, first order, fully analytical stereoplotters equipped with a digital mapping system (including superimposition for on -line completeness and checking data accuracy) and Z/I Imaging softcopy workstations. Stereo - compiled data will be collected directly from stereoplotters and/or workstations. 4. Digital Terrain Model (DTM) Development (a) All digital terrain model (DTM) files will be developed using Zeiss P -3 Planicomp analytical stereoplotters and Z/I Imaging softcopy workstations. DTM will be developed using the specified breakline random point method. Profile distances will be based on the elevation differential and complexity of terrain. Data points along the profiles are collected as the stereoplotter operator maintains a consistent reference to the ground surface. The points are collected as the delta elevation changes by a pre - specified amount, usually equivalent to the particular mapping scale, or at a distance equal to a pre- determined grid spacing. (b) DTM data will be collected in a manner that will accurately depict the terrain and will meet or exceed specified accuracy requirements for maps with 1' contour intervals. DTM data will be provided in 6 of 13 Exhibit B 9/10/2002 Geopak format compatible with the City's computer software. Files will be labeled and delivered on specified medium. 5. Edited Digital Contours (a) The Engineer will develop 1' contour intervals as specified above from DTM data. Contours will be generated using terrain- modeling software. A triangular irregular network (TIN) will be developed using both the collected breaklines and mass points. From this TIN, the contours will be determined and cartographic editing will be performed. Edited contours will be provided in Microstation format. 6. Digital Orthophoto Development (a) The aerial film is scanned using a Z/I Imaging 2000 calibrated photogrammetric scanner to produce digital image files. Prior to orthophoto correction, the scanned images are checked on a workstation for completeness, cleanliness, and image quality. After quality is ascertained, ADS will complete the following steps using a rigorous "pixel -by- pixel" computation method. (b) Interior orientation is performed whereby calibrated image fiducial marks are measured to establish a photo coordinate system. (c) Exterior orientation is performed, whereby coordinates and angles representing camera position and altitude (exterior orientation) are determined by aerotriangulation. The exterior orientation facilitates transforming the photo coordinates to ground coordinates. (d) Differential rectification is performed using an algorithm (that utilizes an elevation model in conjunction with the exterior orientation to correct displacement of ground features) to resample the image producing a geo- referenced orthophoto. (e) Each digital orthophoto image is checked for accuracy on a workstation. (I) Orthophoto image files will have a .25' pixel, will be geographically referenced, and delivered in HMR format. 7. The Engineer will establish a work program for the aerial surveying subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the aerial surveying subconsultant's work. V. ROADWAY DESIGN CONTROLS (Function Code 160) A. PAVEMENT DESIGN 1. Pavement section thickness design recommendations will be presented in a formal Pavement Design Report. The Pavement Design Report will include: (a) Results of the Geotechnical Investigation (b) Results of TxDOT FPS -19 computer program analysis, justification of input parameters, and a check of the design using the Texas Triaxial Method (c) Analysis of existing pavement conditions is not applicable (d) Traffic projections will be based on the CAMPO Master Plan B. ROADWAY PLANS 1. A title sheet and detailed index of sheets will be prepared for the construction plan set. 2. Project layout will be prepared for the construction plan set at a scale of 1" =100'. 7 of 13 Exhibit B 9/10/2002 3. Typical sections will be prepared depicting the existing and proposed typical sections for Kiphen Road. Typical sections for side streets will also be determined. These sections will be developed using the approved pavement design or as directed by the City. 4. Design cross sections will be produced at 50 -foot stations and other locations as necessary for the determination of cut and fill quantities. These sections will also be used to further refine the design vertical geometry. Cross sections will be provided for contractor's information only and will not be considered a part of the bid documents or construction drawings. These cross sections will be provided upon contractor's request in "roll" format, and will not be prepared on individual plan sheets. The Geopak design software package will be utilized to produce these cross sections. 5. Vertical geometry will be refined based on further detailed design. Locations of driveways, side streets and additional drainage features not investigated in the schematic phase will be of prime importance in refining the profile. 6. A horizontal alignment data sheet will be prepared depicting the horizontal geometric information for Kiphen Road and any affected side streets. 7. Roadway plan and profile sheets will be prepared depicting the proposed construction of Kiphen Road at a scale of 1 " =50' H and 1 " =5' V. 8. Supplementary grading sheets will be prepared showing critical vertical information for the proper grading of intersections, driveways and around drainage features. 9. Miscellaneous paving detail sheets will be prepared showing such items as driveway details, curb end details, and any other details as may be necessary. VI. DRAINAGE (Function Code 161) A. CULVERTS, CHANNELS AND DITCHES 1. Major drainage areas will be identified and hydrologic information will be calculated. An exterior drainage area map will be produced depicting this information and culvert structure locations. The Engineer shall prepare the drainage area maps at a scale of 1" =200' or as necessary to fit on standard sheets. Storm water detention will not be required on this project. 2. Run -off to each culvert will be calculated in accordance with the City of Austin's drainage criteria and shown on the culvert computation sheets. Design of culverts shall be based on the expected ultimate developed state of the upstream contributing area (ultimate flow). Prior to final design, the Engineer will present culvert sizing information, with cost estimates if necessary, to the City for the City to determine if any or all culverts are to be sized to carry the ultimate 100 year flow without overtopping the road, or the ultimate 25 year flow with overtopping of the road surface a maximum of six (6) inches in the 100 year storm. 3. Hydraulic computations will be completed for proposed culverts and channel improvements. These calculations will be provided on the culvert and channel layouts as necessary for the final plan set for the project. 4. Culvert and channel layouts will be prepared depicting geometric, structural and hydraulic information at a scale of 1 " =10' or 1"=20'. It is anticipated that there will be three (3) cross drainage culverts that will require plan and profile layouts. Maintenance access to each culvert or channel shall be addressed in the design. 5. A hydraulic report for the tributary to Chandler Branch will be prepared which includes: (a) Existing floodway data for the tributary to Chandler Branch will be obtained and the existing water surface information will be verified if it exists. Future floodway data will be determined based on the expected ultimate developed state of the upstream contributing area (ultimate flow). (b) Hydrologic and hydraulic calculations and documentation of the existing and proposed crossing for existing and ultimate flows. 8 of 13 Exhibit B 9/10/2002 (c) HECRAS studies to determine the effects of a new bridge /culvert crossing of the creek on the existing and ultimate 100 year water surface elevation. Design of new structure must satisfy FEMA requirements (d) Preliminary bridge /culvert layout (e) Scour evaluation 6. Correspond with the local FEMA coordinator to ensure compliance with FEMA regulations. Prepare and submit reasonable documents, maps, calculations or computations required by FEMA. 7. The Engineer will establish a work program for the culvert/channel subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. B. STORM SEWERS, EROSION CONTROL AND SW3P 1. Interior drainage area maps will be created at a scale of 1" =100'. These maps will depict drainage area boundaries and flow direction arrows. Each area will be identified with a unique number to be used to find run -off information from the calculation sheets. Design run -off shall be based on the expected ultimate developed state of each area (ultimate flow). 2. Run -off to each inlet and inlet hydraulic information will be calculated in accordance with the City of Austin's drainage criteria and shown on the run -off and inlet computation sheets. A clear roadway width (not impacted by spread of water in the gutter) of twelve feet in each travel direction shall be maintained for the ultimate 25 year flow. Depth of 25 year ultimate flow shall not exceed curb height of six (6) inches. 3. Storm sewers will be analyzed and computations will be prepared for the storm sewer design. 4. Storm sewers and inlets will be designed to intercept and transport the ultimate 25 year flow at a minimum, with the ultimate 100 year flow contained within the defined rights -of -way or easements. 5. Storm sewer outfall points will be confirmed through the above hydraulic design and the Engineer will fmalize drainage easements requirements. The Engineer will design and detail drainage outfall channels in accordance with the City of Austin drainage design criteria. Maintenance access to each outfall shall be addressed in the design. 6. Drainage and erosion control plan sheets will be prepared depicting locations of inlets, manholes, storm sewers, culverts, utilities, channel improvements, and ditch locations and flowlines as required. These plans will also show erosion controls measures required for construction of the project. Erosion control measures will be described for the project in its entirety, but will not be divided by traffic control phase. The anticipated design components of the erosion control plans to be utilized on this project are silt fence, sand bags, rock filter dams, sediment traps, and construction exits. These sheets will be prepared at a scale of 1 " =50'. 7. Storm sewer profiles will be prepared at a scale of 1 " =50' H and 1 " =5' V. Storm sewer profiles will show pipe size and type, slope, existing and proposed ground lines above the pipe, pertinent hydraulic information including hydraulic grade lines (HGL) for storm sewers flowing full or under pressure, and locations and sizes of inlets and junctions. HGL for 25 year storm shall be a minimum of six (6) inches below the theoretical gutter flowline elevation at inlets. 8. A Storm Water Pollution Prevention Plan (SW3P) will be prepared for this job in accordance with TNRCC regulations. This sheet will consist of the TxDOT SW3P text sheet that summarizes erosion control measures. VII. SIGNING AND PAVEMENT MARKINGS (Function Code 162) A. SIGNING AND PAVEMENT MARKINGS 1. Signing and pavement marking layouts will be prepared for Kiphen Road at a scale of 1"=50'. 2. Detail sheets for small signs will be prepared for non - standard signs. 9 of 13 3. Pavement marking details will be prepared. 4. The Engineer will establish a work program for the signing and pavement marking subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. VIII. MISCELLANEOUS ROADWAY (Function Code 163) A. TRAFFIC CONTROL 1. Traffic control layouts will be prepared showing an overall layout of each phase of the construction. These will be used as key maps for the detailed traffic control plans described below. 2. Detailed traffic control plans will be prepared at a scale of 1 " =50 feet. This plan will describe the maintenance of traffic and sequence of work for each phase of the proposed construction of Kiphen Road. Typical sections, detour profiles, location of work areas, temporary paving, temporary shoring, signing, barricades and other details will be required to describe the traffic control plan. The Engineer will be required to ensure that proper drainage can be maintained during each phase of construction. 3. A detailed narrative for the sequence of construction will be prepared and submitted to the City for review and incorporation into the plans. 4. A construction schedule will be prepared which estimates the time required for each phase of construction. B. ILLUMINATION 1. The Engineer will be responsible for the production of preliminary roadway illumination layouts for Kiphen Road. It is assumed that the lighting will be twin arm luminaires placed in the median of Kiphen Road. The Engineer will coordinate with the City for location of illumination power sources. These layouts will be submitted to the City for their review and approval prior to the commencement of final design. 2. The Engineer will prepare final illumination plans based on the approved preliminary layouts. These plans shall be a minimum of 1 " =50' and will include the proposed roadway layout, roadway baselines, right -of -way lines, a legend showing standard symbols, location of overhead electric lines, existing service poles, circuits, ground boxes, etc., locations of proposed illumination, circuits and conduit locations. Tabulations of quantities will be shown on each layout sheet. 3. The Engineer will develop necessary details for the illumination. 4. The Engineer will establish a work program for the illumination subconsultant at the beginning of the project. The Engineer will be responsible for the coordination and supervision of the subconsultant's work. C. RETAINING WALLS 1. It is not anticipated that retaining walls will be required for the development of this project. If retaining walls are deemed to be necessary during design development, they will be designed in accordance with a supplemental agreement to this work authorization. D. QUANTITIES 1. Utilities 2. Erosion Control / SW3P 3. Inlets and Storm Sewers 4. Culverts Exhibit B 9/10/2002 10 of 13 5. Pavement Markings 6. Small Signs 7. Illumination 8. Traffic Control 9. Roadway and Earthwork E. SUMMARY SHEETS 1. Utilities 2. Erosion Control / SW3P 3. Inlets and Storm Sewers 4. Culverts 5. Pavement Markings 6. Small Signs 7. Illumination 8. Traffic Control 9. Roadway and Earthwork F. STANDARDS, SPECIFICATIONS AND ESTIMATE 1. The Engineer will review and select appropriate standards for use in the project documents. Standard drawings will be selected by first consulting the City of Round Rock, secondly the City of Austin, and finally The Texas Department of Transportation. If no appropriate standard exists, the Engineer will develop the appropriate details. 2. A tabulation of applicable specifications, special specifications and special provisions will be prepared for submission with the final PS &E package. Standard specifications will be selected by first consulting the City of Round Rock, secondly the City of Austin, and finally The Texas Department of Transportation. 3. The Engineer will prepare general notes for the project, as well as filling out the basis of estimate for the project. 4. An engineer's opinion of probable construction cost will be prepared prior to final PS &E submittal. G. PROJECT MANAGEMENT Exhibit B 9/10/2002 1. Develop and maintain project schedules and monthly progress reports. 2. Develop project invoice using City of Round Rock standard invoice form. The Engineer will maintain project invoices including a tabulation of percentage complete by task. The Engineer will also review, approve and coordinate subconsultant invoices to ensure proper documentation is presented to the City for payment approval. 3. The Engineer will meet on a scheduled basis with the City to review project progress. Minutes of these meetings will be provided to the City. Ilof13 IX. DESIGN VERIFICATION, CHANGES AND ALTERATIONS (Function Code 351) A. BID PHASE SERVICES Exhibit B 9/10/2002 1. The Engineer will prepare contract bid documents and proposals and make them available to the contractors at the Engineer's office. 2. The Engineer will attend and coordinate a pre -bid conference. 3. The Engineer will assist the City at contract bid opening. 4. The Engineer will compile the bids into bid tabs, research low bidder and make a recommendation of award to the City. B. CONSTRUCTION PHASE SERVICES 1. Attend one (1) pre - construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to the Owner. Attend fifteen (15) monthly Project meetings and issue meeting notes to the Owner. 2. The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of construction to observe the progress and quality of the Contractor's work. It is assumed for estimation purposes that the Engineer will visit the site once a week, four (4) hours per visit, for a total of fifteen (15) months. Based on the information obtained during such visits, endeavor to determine if the Contractor's work is proceeding in accordance with the Contract Documents. The purpose of such project site visits and such observations is to keep the Owner generally informed of the progress of the Contractor's work and to determine if the completed work of the Contractor conforms in general to the design concept indicated in the Construction Contract Documents. On the other hand, the Engineer shall not, during such visits or as a result of such observations, supervise, direct, or have control over the Contractor's work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with rules, regulations, ordinances, codes or orders applicable to the Contractor's performance of the work. The Contractor shall have sole authority over and responsibility for: (a) the means, methods, techniques, sequences, and•procedures of construction (b) safety precautions and programs incident to the construction, and (c) compliance with rules, regulations, ordinances, codes and orders applicable to the construction. The Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the Contractor's failure to furnish and perform its work in accordance with the Construction Contract Documents. 3. Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. 4. Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner., and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from significant changes in the scope, extent, or character of the Project designed by the Engineer is not included in this scope of services. 5. Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only for conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 12 of 13 Exhibit B 9/10/2002 6. Review the Application for Payment and supporting documentation submitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Construction Contract. Such recommendation for payment to the Contractor shall not be a representation that the Engineer: (a) has made exhaustive or continuous on -site observations to check the quality or quantity of the Contractor's work, (b) has reviewed construction means, methods, techniques, sequences, or procedures, (c) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (d) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (e) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. 7. Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an inspection to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a fmal inspection together with the Owner and the Contractor to determine if the work has reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. 8. Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. 9. Prepare Project record drawings incorporating compiled change orders and field changes that are received from the Owner and the Contractor. Three (3) sets of prints of "Record Drawings" will be submitted by the Engineer to the Owner. One (1) set will be mylar prints and be 22" x 34" and two (2) sets will be 22 "x 34" bluelines of the mylar prints. 10. Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The mylar set of Record Drawings and its copies, which are signed and sealed by the Engineer, shall be sole documents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. 13 of 13 Notice to Proceed Finalize Existing Right -of -Way Survey Identify Utility Relocation Requirements Preliminary Schematic Submittal Pavement Design Report Submittal City Review of Schematics Proposed/Relocated Utility Assignments Public Hearing Aerial Survey Complete SUE Services Complete 30% Plans Submittal (Including Proposed Easements City Review of 30% Plans Finalize Easement and ROW Descriptions 60% Plans Submittal City Review of 60% Plans 95% Plans Submittal City Review of 95% Plans 100% Plans Submittal Project Letting Construction Phase Services Exhibit C 9/10/2002 EXHIBIT C CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY WORK SCHEDULE 1 of 1 September 12, 2002 October 28, 2002 November 1, 2002 November 15, 2002 November 15, 2002 November 15 — November 29, 2002 December 2, 2002 December 17, 2002 January 15, 2003 January 15, 2003 and ROW) February 28, 2003 February 28 — March 14, 2003 April 15, 2003 April 30, 2003 April 30 — May 15, 2003 July 15, 2003 July 15 — August 8, 2003 August 29, 2003 September 30, 2003 October, 2003 — March, 2005 EXHIBIT D CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY FEE SCHEDULE For the services described under Exhibit B, we request compensation on a lump sum basis. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man -hours and costs per function code are shown on the following pages. ESTIMATE OF MAXIMUM COMPENSATION - All Function Codes DIRECT SALARY COST (See attached summary) Project Manager 607 Hrs. @ $48.00 = $ 29,136.00 Senior Design Engineer 943 Hrs. @ $37.00 = 34,891.00 Design Engineer 2,225 Hrs. @ $31.00 = 68,975.00 EIT 2,687 Hrs. @ $24.00 = 64,488.00 Clerical 296 Hrs. @ $15.00 = 4,440.00 TOTAL DIRECT SALARY $ 201,930.00 SALARY RELATED COST (173.08 %) $ 349,500.00 TOTAL LABOR COSTS $ 551,430.00 A FEE (12 %) 8 66,172.00 B EXPENSES Miscellaneous Expenses Subtotal $ 25,360.00 Subconsultant Expenses (See attached summaries) Surveying and Mapping, Inc. $ 37,992.00 Aerial Data Service, Inc. $ 13,500.00 Inland Civil Associates, LLC $ 33,800.00 Terra -Mar, Inc. $ 9,980.00 Huggins /Seiler & Associates, LP $ 104,075.00 Subtotal $ 199,347.00 TOTAL EXPENSES $ 224,707.00 C MAXIMUM AMOUNT PAYABLE (A +B+C) S 842,309.00 Exhibit D 9/10/2002 1 of 13 Firm Exhibit D 9/10/2002 EXIIIBIT D CITY OF ROUND ROCK, TEXAS Kiphen Road — From the Old MKT Railroad Right -of -Way to CR 122 WILLIAMSON COUNTY FEE SCHEDULE Chiang, Patel & Yerby, Inc. Surveying and Mapping, Inc. Aerial Data Service, Inc. Inland Civil Associates, LLC Terra -Mar, Inc. Huggins /Seiler & Associates, LP TOTAL PROJECT FEE = 2of13 Total Fee $642,962.00 $37,992.00 $13,500.00 $33,800.00 $9,980.00 104,075.00 $842,309.00 PROJECT NAME: Klphen Road PROVIDER NAME: Chiang, Patel Yerby Fee Schedule /Budget for Chiang 06(0E4' Igni$cheme8os a ?'. :si Cl P -re 3eometdcs': €, 02 10a1 SectJOns C3 .Preliminary =Dr`ainagBAnelysis, =` 04 Prelinlinary 0ulvert Sizing 1 05 'Preliminary Cross SEG8668 ' C0= Establish Proposed RO1/J ` Regdtremenfs ' "" 07 Drainage Easements' ' GB IdeuBfy "Rroperly.Oviii`ers C9 Pre'Iialina OPinioriof Pm babl6 Cosf CIC Deane'PaVeleentEdges Cl1Canoe el TCP Fee - CPY.xls Al Services Ptowded byTerra Mar, leo.' A2': Services Pr4VIded by :Terra -Mari lac., -- A3 Sendces Provided By.Terra MBr, A4 Services Provided byTer'r'a -Mai; Inc. A5 SerVi099 Provided • Terra-Mar, led. AB Suboonsultant.Coordinallon ' Pro ea IGc6'off- 82 1 CelleCt Dala B3`- Re'sear hlssues 134 Desion: 17 7110 ZSUBTOTAL HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBT•TAL( Patel & Yerby, Inc. FEE SCHEDULE $48.00 49 $ 2,352.00 $ 4,070.84 $ 6,422.84 $ 770.74 $ 7,193.58 2 2 B 81 5 2,997,00 5 5,187.21 $ 8,184.21 $ 982.11 $ 9,166.32 531.00 524.00 6 2 4 10 16 2 A B �.r24 2 „ 4 '= 18 . 12 6' 244 366 $ 7,564.00 $ 8,784.00 $13,091.77 $15,203.35 520,655.77 $23,987.35 $ 2,478.69 $ 2,878.48 $23,134.46 '.26,865.83 515.00 0 $ 60.00 $ 103.85 $ 163.85 $ 19.66 $ 183.51 24 44 16 -16 744 $ 1,006.00. 928.00 1 ,330.00 696.00. 478.00 204 $ ".5,596.00 - 14 $ 401:00 .116 $ . :; 3,23660: "92` $ !2,50200 `10 $ 1, 291;00 ^38 $ -1 ,182.00 38 $ 1 42 $ :;1234.00' $ 21,757.00 66,543.70 9!102002 Page 3 of13 PROJECT NAME: I8pfen Road PROVIDER NAME'. chimp, Pale) YeT7 Fee - CPY r)s Fee SchedulelBudget for Chiang, Patel & Yerby, Inc. mlimenlal:U P i 'BY Sunplemeldei A9niemeni Pub3cl'heri79a- r 4r., 81 Public l7earinq Ma9ing .. 82'6 00096001100 or PobI)e Hearin B3 DIORIayOI E%Rb1181 Ha0400[s 1 ' B4' Help Conduct Public Heenan B5. Publckeahng Summary 80 Publk Hesiing R1 epo. 87 Meet w!' Prbyrt'y OPmers /Neighb rheod Associations FCf120- SIJBTOT. HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.0856) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 120) FEE SCHEDULE 28 $ 1.344.00 $ 2,326.20 $ 3,670.20 $ 440,42 57 36 $ 1,360.00 $ 540.00 $ 2,367.73 $ 934.63 $ 3,735.73 $ 1,474.63 $ 44829 $ 178.96 Sei 38 79 $ 1,406.00 $ 2,449,00 $ 2,433.50 $ 4,238.73 $ 8,839.50 $ 6,687.73 $ 460 .74 $ 602.53 $ 4,110.62 $ 4,30024 $ 7,490.26 $ 4,184.02 $ 1,651.59 To14F[oor 752.00 1,824.00 760;00 736.00 '738.00, 238 $ 7,107.00 $ 21,736.73 9/112002 Page of 13 PROJECT NAME: Kiphen Road PROVIDER NAME Chiang, Patel Yerby EXHIBIT D Fee Schedule /Budget for Chiang, Patel & Yerby, Inc. Fee - CPY.xls td SUBTOTAL (FC 130) : Bt By S0pplemental`Agreement .:< As Provide! Plans to UtillryCompanies" fG fil -of - ?� C1`_Servfces.Provtded by SAM, inc. C2 Services Provided by' SAM, Inc C3 Se'r'vice Pravrded bySAM, Inc. 'C4'iSer'vices Provided! by SAM, Inc. • • C5• Provided by SAM, Inc. : CO Services Provided, by SAM Inc. ,... .C7 , Services Provided - by SAM, Inc. .• Al Identify Existing Utilities A2 Create Exishng`)Llitiy Digital File A3 Determine Potential ConflfoWSUEServicee by Supplemental Agreelnt F. l aos , ,SUByOTALS HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE FEE SCHEDULE 0 10 $ 480.00 $ 630.78 $ 1,310.78 $ 157.29 $ 1,468.07 4 18 $ 666.00 $ 1,152.71 $ 1,818.71 $ 218.25 $ 2,036.96 24 34 62 $ 1,054.00 $ 1,488.00 $ 1,824.26 $ 2575.43 $ 2,878.26 $ 4,063.43 $ 345.39 $ 487.61 $ 3,223.65 $ 4,551.04 D 1:068.00 $' 670.00 24 $ 4- 780.00. 20 $ ;. "...588 .00 20 $ . 582100- 3 22 124 $ 3,688.00 $ 11,279.72 9110/2002 Page 5 of 13 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang. Patel Yerby EXHIBIT D Fee Schedule /Budget for Chiang, Patel & Yerby, Inc. FD Dial -Labor "'A• :F =d E?tavmg$aroicesxli Al ServicesProvidedby SAM, Inc. A2 'Services PrOvidedbySAM. Inc. A3 Services Prgvlded bySAM, Inc. A4 Services Pro`vided.bySAM, 1116 :`- AS - Services.I rpvlded tiySAM, AS Services` Provided- by SAM, A7 Services Provldad by SAM Inc. A8 S ervices Provided by SAM. Inc. Services Provided by SAM, Inc. A10 Field_Sunreging Coordinatipn -, Fee - CPY.xls 4e[IafPlipt{lgl�Aj lFlfiE�trVi$.9rvlC�a.,.. ":, t ..F :` ^k O 1. Services Provided by ADS, Inc. B2 Services Provided byADS,' Inc. 53 S#PYIC6s Provided by 'ADS Inc. O 4 Services Proe ded byADS, Inc. B5 ' Services Provided byAOS -Inc 96 Services Pire ded'SYADS Inc. ,'... B7', Aerial Phologrammetry Coordination FC150; r SUBTOTAIS . ...k HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 150) FEE SCHEDULE 0. 0 16 $ 768.00 5 1,329.25 $ 2,097.25 $ 251.87 $ 2,348.92 6 10 26 $ 962.00 $ 1,665.03 $ 2,627.03 $ 315.24 $ 2,942.27 16 26 $ 806.00 $ 1,395.02 $ 2,201.02 $ 264.12 $ 2,465.14 $ - $ $ - $ $ - $ 5 66 otal La 1,568.00 888.00' $ 2,536.00 7,756.33 9/10/2002 Page 6 of 13 PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang. Patel Yerby EXHIBIT D FEE SCHEDULE 133 T1.taaPSecttins B4" CrosA SeSBon O 5 RettneVe4Ical Ge0met B6 HorizoonntaI Al • inRte01 Sheet i i B7 Roadwa Plarrand: Profiles B8 'Supplemenfary Grading Sheets 537.00 .; M .1 006VAY'DEStO C° $(F 04601 =B ". Road Al Pavement Des en Rey •rt. "" 81 >Pro B 2 <Pro ect out Sheets. 1" =100' H -`.:r 410 $12,710.00 $21,998.47 $34,708.47 $ 4,165.02 $38,873.49 $24.00 Fee Schedule /Budget for Chiang, Patel 8 Yerby, Inc. Fee - CPY.xls HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (PC 160) D 43 $ 2,064.00 $ 3,572.37 $ 5,636.37 $ 676.36 $ 6,312.73 entor 100 $ 3,700.00 $ 6,403.96 910,103.96 § 1,212.48 311,316.44 4 24: 36 52 162 72 228: 68 a 24' 696 $16,704.00 $28,911.28 $45,615.28 $ 5,473.83 $51,089.11 4 $ 60.00 $ 103.85 $ 163.85 $ 19.66 $ 183.51 ,253 2,488.00' 46 5 ,_x1:346.00 04 $ x1,648.00 90 $ "2484.00: 56 $ '16;976.00 120 $ 3,332.00 19 $ :,. 562.00 '.;394 $ 10670.00 136 $ - ;3;972.00 44 $ 1266 .00- 3 35,238.00 $ 107,775.28 911012002 Page 7 0113 PROJECT NAME Kiphen Road PROVIDER NAME Chiang, Patel Yerby Fee SchedulelBudget for Chiang, Patel & Yerby, Inc. 13` B1 B2 B3 Fee - CPY.xIs Al Services Provided, by Huggins/Seiler, • A2 Services •Provldedby.HuggfnsfSetfei'LP, i A9 ;ServiDesProvidod � ;Ho 'Ins/Ssiler,LP A44 Services Provided: by.HU99Ins/Seoer1P = A5'S6Yv106s Provided by Hugglns/Seiler I.5 AS" "S6M066 Provided byHugginslSeiler, LP ' q`nttdl"a yysi si - -, Interior Area Maps. Run -oftand - InletComputatron9 ' r. tam - Sewer Computations nelyze100 Year Flood Event. '= B5 : Id8nBfy'O/Itfall P61nls' 66 Dralnapeand Erosion Control Plan °,Sheets 137 Sldrni= SewerRroflet 68 SWOP Sheet FC=161= $)1BT,IJTALB s - HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08%) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 161) FEE SCHEDULE 28 $48.00 42 $ 2,016.00 8 3,489.29 $ 5,505.29 $ 660.63 $ 6,165.92 01 5 537.00 110 $ 4,070.00 $ 7,044.36 $11,114.36 $ 1,333.72 $12,448.08 410 $12,710.00 $21,998.47 $34,708.47 5 4,165.02 538,873.49 2D 8 8. 124 7182 86. :.:,134:" 510 $12,240.00 $21,184.99 $33,424.99 5 4,011.00 $37,435.99 0 0 0 0; 1,072 $ 2;512100- :1228 $ 6,486,00 34 $ -: 1,02600 .[ _. =74 $° - 2072.00 32 $.' -. 11008.00 20 $ ..:: "558:00 338 $ ;,9,506.00 252 $ - i 7 $ 31,036.00 94,923.48 9/10/2002 Page 8 of 13 PROJECT NAME INphen Road PROVIDER NAME Chiang, Patel Yerby EXHIBIT D FEE SCHEDULE Fee Schedule /Budget for Chiang, Patel & Yerby, Inc. Al Services Prgvtded hy LP .A2 Seri ices Provided-1'1' risISeiler. LP A3 Services Provided ti' Hli mslSeiler LP A4 SuboonSUltant FG=18 aSUBTOTALS HOURS SUB- TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08 %) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 162) 0 848.00 537.00 $31.00 tldkWG7161i 'BAVE111EN7+iMPlUNGS FE1; Vl 4'A;s Slgnfnfol Povgolp a 8 $ 296.00 $ 248.00 $ 512.32 $ 429.24 $ 808.32 $ 677.24 $ 97.00 $ 81.27 $ 905.32 $ 758.51 2 $ 96.00 $ 166.16 $ 262.16 $ 31.46 $ 293.62 0 18 $ 640.00 $ 1,957.45 Fee - CPY.xls 9/1012002 Page 9of13 PROJECT NAME: aca mM..0 Road PROVIDER NAME. el remr Fes- CPY.)s Fee Schedule/Budget for Chiang, Patel & Yerb�r, Inc. A1" Tr0FicContrbl Men Ca9W[d A2 •DeMSed TramcControl Pleas -93'- DelaSbe Sequence: of 9riseuo6on Narrative - = "A'4 P165Nnary Coristmdlon Shcadil9' - • 61: 5ervIcesProvided by Ho ns/SeIIOl L' .•. 62: Semmes Provided by.Huppins/Seller LP B3' SeivloesPrcvldad by HeppinsSSeiler.LP B4:SubconsulleriFCoerO6egort " -- ' 'CT- By Supplemental Agreement 0 661666Clu 6' Cakulaaon566; x- ... _1 -132= Eros On C0117M l'SW3P' • '03" Inlesland Sfonn- Savers 6. E1 s063605 F2 "Erosion Control / 6W3P,. `03, Ilaasl and Sl066 Sewers 65 02666501 67.q,m486S1008n -E6. T1eblcaonbol E9 Roadway and :Earthwork • F - 6 Slanderds: "spedfian 6 =FT'- Slanda'rds 03'.S• • Sons 6. 010I0.0 08 89 9 00 0s and S `al P1880ipns F3': amoral Note F4'.:E11 68el0 Opinion 4EPl0bableCost `G'yS''• ed:Man G1 ProSense Repala • G2= Prepare 64651187105ices :'- .:'. - '..03_ Project P1OID644 . Meetings''::: . . HOURS SUBTOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.086) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 163) FEE SCHEDULE 548.00 83100 531.00 52400 0 6 4 .. 6 E15.00 164 258 8 7,672.00 8 9,546.00 913,62466 616,522.22 621,496.86 826,06822 8 2,579.62 8 3,128.19 624,076.48 829,196.41 876 836 $0,064.00 014.726 77 864,790.77 S 6 574 89 961,365.68 156 S 2,340.00 E 4,050.07 E 6,39007 $ 76881 E 7,158.88 42' $ ':.1:192;120 : 996 8 2491E100: 0 54: 8 --1 624:00 64. $ ': 2.264.00 92. E 926.03 E -83200 ... 12 8 316.00 72 31600 0' - -'; 78 8 2140.00' 0 88 Ti 1011¢ 18 9 '..: 640,00 12' $ : :330:00 12 e0 184 - 9 66000 .216 6 64,68400 E 107,835.76 Page 10 0613 PROJECT NAME Kiphen Road PROVIDER NAME: Chiang, Pater Yerby Fee ScheduleIBudpet for Chiang, Patel & Yerby, Inc. a Fee - CPY.xls FC3 1' 'I -A FEE SCHEDULE .Prepare BId: Documents A2 -Brd C ;Pre o A3 BIdO.ening? • _ A4`- o strucoorj'Pfiese Seivi 'ss - 01' Conferences and Meetings ' L B2 ' Project Site.Visds and + Observation of B3 Clarifications and Interpretations - 04 Change - Orders 85 Shoe Drewings 86.: Application: for Payment a' B SNhstan9al and Fillet Completion B8`: ContractofsCompletion Documents ; XB9. Record Drawings : B10Electronic Files HOURS SUB - TOTALS DIRECT LABOR COSTS OVERHEAD AT PROVISIONAL RATE (173.08%) TOTAL LABOR COSTS FIXED FEE SUBTOTAL (FC 351) 10 0 253 304 212 160 96 512,144.00 511,248.00 $ 6,572.00 $ 3,840.00 $ 1,440.00 $21,018.84 $19,468.04 $11,374.82 $ 6,646.27 $ 2,492,35 533,162.84 530,716.04 517,946.82 $10,486.27 $ 3,932.35 $ 3,979.54 $ 3,685.92 $ 2,153.62 $ 1,258.35 $ 471.88 $37,142.38 534,401.96 $20,100.44 $11,744.62 $ 4,404.23 160 $ "__ 5,808_00 240 $ .i .10,20000 15 $ 610100 94 $ ,'i 2,660.00 82 $ " -. 2,816 00 32 $ 1,360.00 32 $ 1,36000 32 $ 1,360.00 137 $ 3,693 -.00 17 $ 477:00 1,025 9110/2002 $ 35,244.00 $ 107,793.63 Page 11 of 13 PROJECT NAME; Kiphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee - CPY.xls FEE SCHEDULE 9/10/2002 — TO Agiiiii-A04111WHIRE4 ;Re:a ' 400017aMfeiia. d ©0O 1)0:0 ( =DfRL'�� F) Page 12 of 13 • PROJECT NAME: Kiphen Road PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D Fee - CPY.xls FEE SCHEDULE 9/10/2002 ROUTE & DESIGN STUDIES (FC 110) SOCIAL & ENV STUDIES AND PUBLIC INV. (FC 120) RIGHT -OF -WAY AND UTILITY ADJUSTMENTS (FC 130) FIELD SURVEYING AND PHOTOGRAMMETRY (FC 150) ROADWAY DESIGN CONTROLS (FC 160) DRAINAGE (FC 161) SIGNING AND PAVEMENT MARKINGS (FC 162) MISCELLANEOUS ROADWAY (FC 163) BID AND CONSTRUCTION SERVICES (FC 351). • TOTAL LABOR COSTS EXPENSES TOTAL CP &Y FEE SUBCONSULTANTS Surveying and Mapping, Inc. Aerial Data Service, Inc. Inland Civil Associates, LLC Terra -Mar, Inc. Huggins /Seiler & Associates, LP 66,543.70 21,736.73 11,279.72 7,756.33 107,775.28 $ 94,923.48 $ 1,957.45 $ 197,835.76 $ 107,793.63 617,602.00 SUB -TOTAL LABOR EXPENSES 617,602.00 $ 25,360.00 642,962.00 $ 37,992.00 $ 13,500.00 $ 33,800.00 $ 9,980.00 $ 104,075.00 GRAND TOTAL $ 842,309.00 Page 13 of 13 CERTIFICATE OF LIABILITY INSURANCE PRODUCER McLaughlin Brunson Insurance Agency 10925 Estate Lane, Suite 250 Dallas, Texas 75238 LTR NUMBER A GENERAL LIABILITY A EXCESS LIABILITY 7CQ611320-04 5/1/2002 CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Cert of Insur CORR _I_ COMPANIES AFFORDING COVERAGE A United States Fidelity & Guaranty Co. B American Manufacturers Mutual INSURED C Security Ins. Co. of Hartford Chiang, Patel & Yerby, Inc. 1820 Regal Row, Suite 200 D Dallas, Texas 75235 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS DATE DATE BK01152873 6/1/2002 6/1/2003 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG. $ 2.000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person)$ 10,000 A AUTOMOBILE LIABILITY BK01152873 6/1/2002 6/1/2003 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident)$ PROPERTY DAMAGE$ BK01152873 6/1/2002 6/1/2003 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS 5/1/2003 EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $ 500,000 DISEASE - EACH EMPLOYEE $500,000 C PROFESSIONAL LIABILITY AEE0225139 4/1/2002 4/1/2003 $2,000,000 Per Claim / Annual Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Patrick P. McLaughlin Typed Name: AGENT Title: Date: 9/19/2002 1 :\ ROUND ROCK, T PURPOSE. PASSION. PROSPERu t. Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets October 21, 2002 David A. Nachman, P.E. Vice President Chiang, Patel &Yerby, Inc. 11149 Research Blvd., Suite 330 Austin, TX 78759 Dear Mr. Nachman: Council Members Alan McGraw Carrie Pit[ Enclosure Scot Knight Isabel Gallahan Gary Coe The Round Rock City Council approved Resolution No. R- 02- 09 -26- 11D3 at their regularly scheduled meeting on September 26, 2002. This resolution approves an Agreement for Engineering Services with Chiang, Patel & Yerby, Inc., for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122. Enclosed is a copy of the resolution and the Agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5562. Sincerely, kL.,t4 Christi ne R. Martinez City Secretary CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone: 512,218.540o • Fax 512.218.7097 • www,ci.round- rock.tx.us