CM-04-08-021RECD
0)14A--01742.1
I L
`001
J �'
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: Engineering & Development Services Project Manager/Resource: William J. Dobrotnolski III, PE
Contact Person: Latha/Laura Council Meeting Date: N/A
Project Name: Ray Berglund Area Development Funding Source: Capital Project Funds -1998 GO Bond
ContractorNendor Name: S.D. Kallman, LP
Amount: $
Assigned Attorney: Steve Sheets
38,289.98 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes XX No n
Council Agenda Item Yes n No n
Submission to City Manager - Yes Ti No
(see required signatures below before submission to the City Manager)
▪ Initial Construction Contract
ElConstruction Contract Amendment #
❑ Change Order
Change in Quantity
Unforeseen Circumstances
CInitial Professional Services Agreement
ElSupplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
ElPurchase Order
Item(s) to be purchased:
Amount
38,289.98
▪ Other (Please clearly identify action on lines below)
Agenda Wording: Consider a resolution authorizing the City Manager to execute an Engineering Contract with
S.D. Kallman, LP for the Ray Berglund Area Development.
g12-710`1
eP' 2,�
Pc'
O
For Submission to City M n er OM2 _
Project Mgr. Signature: %' t -r � /✓ y, �JDate:
Dept. Director Signature: a de °-
City Attorney Signature: ` H ...ii!
.....
City Manager Signature:
Le
Pt - Date: 13
Date: p
Date:
Approval Is required for all items requesting City Manager's approval.
Finance Approval X❑ Finance -Date and Signature: 08-24-04 L. Olsen
▪ Purchasing -Date and Signature:
gladminiatratioNcmgncoundl action.xls 7-14-04
DATE: August 23, 2004
SUBJECT: City Manager's Approval
ITEM: Consider an action by the City Manager to execute a Contract for
Engineering Services with S.D. Kallman, LP for the Ray Berglund
Area Development.
Department: Engineering & Development Services
Staff Person:
Thomas E Word, Jr., PE, Chief of PW Operations
Daniel L. Halden, PE, City Engineer
William J. Dobrowolski III, PE,
Justification: The termination date on the original contract has expired and the
scope of services has changed.
Funding:
Cost: $38,289.98
Source of funds: 1998 GO Bond
Outside Resources: S.D. Kallman, LP
Background Information:
The area denoted here as the Ray Berglund Area Development was part of an
annexation into the City of Round Rock on December 13, 1984. Some time before that
date, tracts of land had been divided and sold without public water or wastewater
services and without being recorded as a plat in the Williamson County Court House.
Most of the tracts of property within the area are tracts that are less than the five (5)
acre minimum allowable for tract divisions without following an approved subdivision
process. Most of the tracts do not have direct access (frontage) on to an existing public
right-of-way. Tracts, without direct frontage, have access via a small lot, less then five
(5) acres, or an easement all with questionable rights of access. Through the years, at
the request of different owners and groups of owners, the City has proposed
agreements to assure the access to public rights-of-way, install infrastructure to give
accessibility to public water and wastewater service, and record their property as a
subdivision. In the 1998 bond election some funds were Approved to pursue these
goals. In the development of most subdivisions in the City a Consultant works with one
or a small group of owners that all have the same goals and understanding of the
proposed development. In this project there are multiple owners, with changing
multiple ideas, greatly diversified goals, and improved tracts that do not conform to
current subdivision regulations. Because of this the scope of services needed to be
adapted to match qualifying factors of properties that desire to be included or excluded
from each of the plats.
Public Comment:
Tract owners have a great number of comments both pro and con about the project.
ROUND ROCK, TEXAS
PURPOSE. PASSIOK.PROSPERIEY
-
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM S. D. KALLMAN, LP ("Engineer")
ADDRESS: 1106 S. Mays, Suite 100. Round Rock. TX 78664
PROJECT: RAY BERGLUND AREA DEVELOPMENT PROJECT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONT' • CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this thea7 day of , 2004 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporat''1 , whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
File Name: sdkallman-rayberglund; 71904
1
Rev. 08/23/04
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Thirty-eight Thousand Two Hundred Eighty-nine and 98/100 Dollars ($ 38,289.98 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
William J. Dobrowolski III, P.E.
Senior Engineer
2008 Enterprise
Round Rock, Texas 78664
Telephone Number (512) 218-6601
Fax Number (512) 218-5563
Email Address wdobrowolski(axound-rock.tx.us
4
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Bryan N. Sims, P.E.
Project Manager
1106 S. Mays, Suite 100
Round Rock, TX 78664
Telephone Number (512) 218-4404 ext. 12
Fax Number (512) 218-1668
Email Address bryanRsdkallman.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
6
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract 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 Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
7
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
9
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 Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
10
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
11
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Steven D. Kallman, P.E.
General Partner
S. D. Kallman, LP
1106 S. Mays, Suite 100
Round Rock, TX 78664
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS W REMF, the C. of : e . . Rock has caused this Contract to be signed in its
corporate name by its°auft: uthorized to execute the same on its behalf ..
R enl tj AT _ • • . . • _ . -_ _ _ _ _ _ _
—.r.2144, and Engineer, signing by and through its duly authorized representative(s),
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS
By: `
James Nuse,P.E.,City Manager
ATTEST:
By:
Christine Martinez, City Secretary
S. D. KALLMAN, L
By: $
APP
VEDL AS T
St
Signature of Principal
Printed Name: ST6.Net4 D. KALLJAANI P.6
14
n L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
15
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT A - City Services
(Page 1 of 2)
The scope of services to be performed by the City is to facilitate the scope of services shown in Exhibit
B, by administering this contract, reviewing the work performed by the Engineer, accepting the
Engineer's final plat, final design, inspecting the construction, and follow-up warranty.
Specifically:
PLATTING PROCESS
1. Provide timely reviews and guidance on stages of progress.
2. GIS files for pertinent areas of the project.
3. Provide the Engineer with the proposed modifications to the plats and plans.
4. Direct property negotiations concerning the division of existing lots into smaller lots.
5. Schedule and coordinate meeting(s) with the property owners to obtain legal names required for
the plats (owners & lean holders), easements required, and all other owner related information
for the platting.
6. Obtain signatures for all final plats.
WASTEWATER SYSTEM DESIGN
1. Provide timely reviews and guidance on stages of progress.
2. Provide available information on existing drainage facility.
3. Provide hydraulic design criteria for project design.
4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with
ortho one foot contours and existing parcel overlay for pertinent areas.
WATER SUPPLY SYSTEM
1. Provide timely reviews and guidance on stages of progress.
2. Provide available information on existing drainage facility.
3. Provide hydraulic design criteria for project design.
4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with
ortho one foot contours and existing parcel overlay for pertinent areas.
ROADWAY DESIGN
1. Provide timely reviews and guidance on stages of progress.
2. Coordination necessary to secure typical section and preliminary design approval.
3. Coordination necessary to develop proposed pavement sections /designs.
4. Provide hard and digital copies of aerial photographs with ortho one foot contours and existing
parcel overlay for pertinent areas.
5. Determine final pavement section to be used in design.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT A - Services to be Performed by City
(Page 2 of 2)
DRAINAGE DESIGN
1. Provide timely reviews and guidance on stages of progress.
2. Provide available information on existing drainage facility.
3. Provide hydraulic design criteria for project design.
4. Provide standard details as necessary. Provide hard and digital copies of aerial photographs with
ortho one foot contours and existing parcel overlay for pertinent areas.
SIGNING, PAVEMENT MARKINGS, AND SIGNALIZATIONS
1. Provide timely reviews and guidance on stages of progress.
2. Provide standard detail as necessary.
MISCELLANEOUS
1. Coordinate and host utility coordination meetings.
2. Assist with the location of existing utilities in the project area.
3. Prepare and coordinate any Utility Agreements.
4. Provide legal services associated with dedication statements and the execution of these
documents.
5. Prepare memorandum documenting the progress of meetings.
6. With the coordination of Engineer, pothole existing utilities owned by the City.
CONSTRUCTION INSPECTION
1. Provide daily inspection to ensure compliance with the plans and specifications.
2. Contract and pay directly with construction contractor for construction.
3. Contract and pay directly with geo-technical engineering firm for construction testing services.
4. Direct construction meetings.
5. Coordinate the testing.
6. Attend and contribute to in the final work through and punch list.
7. Coordinate end of warranty inspection, repairs, and final project acceptance.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT B — Engineering Services
(Page 1 of 4)
The scope of services to be performed by the Engineer is to facilitate the scope of services shown in
Exhibit A, by performing the engineering studies & calculation, coordinating surveying, environmental
studies & reports, coordinating platting procedure (including supplying Abstract Certificates and Taxes
Paid Certificates as required platting reviews, and recordings), final design (including paying fees and
obtaining permits), and support construction services. Described as follows more specifically:
GENERAL
1. The work effort and the management for the project included in this contract will be conducted in
the Engineer's office in Round Rock, Texas.
2. The engineer will be readily accessible to the City of Round Rock staff and will meet with the
City's project manager as necessary.
3. Monthly progress reports will be submitted, which will detail on-going work as well as work
accomplished since the previous report.
4. When feasible, the City's standard drawings and specifications of previously approved special
provisions/specifications will be utilized.
5. If a special provision or special specification must be developed under this contract, it shall be in
the City's format, and to the extent possible, incorporate references to the City's approved test
procedures.
6. The plan sheets will adhere in format and content to current City of Round Rock (CORR)
standards.
7. The Engineer is fully responsible for any traffic control required from any data collection
activities.
8. Survey work for platting shall be performed in accordance with the Texas Board of Professional
Surveyors "Manual of Practice for Land Surveying in Texas". Category 1A, Condition II.
9. Survey work for design and construction control shall be performed in accordance with the Texas
Board of Professional Surveyors "Manual of Practice for Land Surveying in Texas", Category 2,
Condition III. Construction staking shall be provided by construction contractor.
PHASE I - PLATTING PHASE
Engineering Services:
1. Preparation of three (3) final plats.
2. Preparation of three (3) utility schematics.
3. Preparation of three (3) drainage plans.
4. Submittal of three (3) final plats, utility schematics and drainage plans.
5. Representation at City Planning and Zoning Commission.
6. Meet with affected property owners and city staff.
7. Approval of three (3) final plats.
8. File the Plats at the County Court House.
9. Drainage Study to identify the ultimate 100 year flood plain associated with the existing
drainageways within the Plats.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT B - Services to be Performed by Engineer
(Page 2 of 4)
PHASE I - PLATTING PHASE
Sub -Contract Services:
1. Prepare field notes and exhibits for dedication statements.
2. Define easements of property rights and all rights-of-way.
3. Final plat lot and ROW calculations.
4. Field staking lot pins.
5. Revise Final Plat for Joyce Lane because of landowner driven changes.
6. Revised Final Plat for Ray Berglund because of landowner driven changes.
Reimbursable Costs:
1. Reimbursable item for purchase of abstract certificates from title company.
2. Reimbursable item for fees, permits, and tax certificates.
PHASE II - WATER, WASTEWATER, STREET AND DRAINAGE
DESIGN PLANS AND SPECIFICATIONS PHASE -
Engineering Services:
1. Prepare drainage area maps showing existing conditions and proposed improvements and submit
for preliminary review.
2. Prepare hydraulic computations for culverts, channels, storm sewers and inlets.
3. Prepare hydraulic data sheets.
4. Develop storm sewer plan and profile and culvert cross-section sheets.
5. Develop miscellaneous drainage details.
6. Prepare Stormwater Pollution Prevention Plan (SW3P).
7. Prepare EPA Notice of Intent (NOI).
8. Prepare a narrative of the construction sequencing and time estimates.
9. Prepare bid quantities.
10. Prepare pre -design estimate after utility locations and determination of scope of work, final
design estimate, specifications and general notes.
11. Prepare bidding documents and all copies for the bidding process.
12. Attend pre-bid conference.
13. Attend public bid opening.
14. Review bids received for completeness and accuracy.
15. Prepare detailed bid tabulations.
16. Make recommendation for bid award.
17. Prepare notice of award.
18. Prepare seven sets of final contract documents.
19. Revise Construction Plans for Joyce Lane Plat Revisions.
20. Revise Construction Plans for Ray Berglund Plat Revisions.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT B - Services to be Performed by Engineer
(Page 3 of 4)
Sub -Contract Services:
1. Locate existing property corners and rights -of -points.
2. Locate and profile existing drainage facilities and cross section natural drainage features.
3. Locate existing marked underground and overhead utilities.
4. Set horizontal and vertical controls.
5. Set one permanent benchmark in each platted section.
6. Collect data using GPS equipment.
7. Revise Legal Descriptions for Plat Revisions.
8. Reset Pins for Plat Revisions
Reimbursable Costs:
1. Reimbursable item for additional premium cost of professional liability insurance coverage.
PHASE II - WATER, WASTEWATER, STREET AND DRAINAGE
SOCIAL, ECONOMIC, AND ENVIRONMENTAL STUDIES PHASE —
Engineering Services:
1. Provide two persons to provide technical assistance at the public meetings scheduled by the City.
2. Provide two persons to participate in project meetings and resource agency meetings.
3. Coordinate with Sub -consultant and review historic structures studies.
4. Coordinate with Sub -consultant and review notification letter to the Texas Historical Commission
Division of Antiquities.
5. Coordinate with Sub -consultant and review notification letter describing the scope and extent of
wetlands on the project to the USCOE (Ecological Investigations).
6. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM
7. Coordinate with Sub -consultant and review environmental documents.
Sub -Contract Services:
1. Perform a records search and preliminary field reconnaissance for the presence of potentially
eligible structures (Historic Structures Studies).
2. Send notification letter to the Texas Historical Commission Division of Antiquities Protection
describing the scope and extent of project, to receive determination as to whether an
archeological survey is required.
3. Send notification letter describing the scope and extent of wetlands on the project to the USCOE
to receive confirmation that the scope of the proposed project falls within existing nationwide
permits for stream crossings (Ecological Investigations).
4. Perform an Environmental Audit for hazardous materials impact in accordance with ASTM.
5. Prepare environmental documents under specified guidelines.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT B - Services to be Performed by Engineer
(Page 4 of 4)
PHASE III - CONSTRUCTION ADMINISTRATION
Engineering Services:
1. Provide periodic construction inspection services to assure compliance with plans and
specifications.
2. Attend construction meetings as requested by City.
3. Review and make recommendations to City on submittals, pay requests and change orders.
4. Punch list the project when contractor requests consideration for acceptance.
5. Sign off on completed punch list.
6. Prepare and submit a Plan of Record for the completed project.
7. Prepare EPA Notice of Termination (NOT).
8. Evaluate and make recommendations on all value -engineering submittals.
Sub -Contract Services:
1. Setting controls on benchmarks.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT C - Work Schedule
Schedule to be totally a dependent slave to the timing of obtaining signatures of landowners and
lien -holders on each of the three (3) Final Plats.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT D - Fee Schedule
(Page 1 of 3)
HOURLY RATE SCHEDULE
CLASSIFICATION
SALARY
RATE
HOURLY
RATE*
PROFIT @
10%
TOTAL
STANDARD
RATE
Principal and Registered
$ 72.11
$ 216.33
$ 21.64
$ 237.97
Professional Engineer
Senior Engineer
$ 38.00
$ 114.00
$ 11.40
$ 125.40
Project Manager
$ 28.85
$ 86.55
$ 8.66
$ 95.21
Engineer EIT
$ 22.00
$ 66.00
$ 6.60
$ 72.60
Land Planner
$ 20.00
$ 60.00
$ 6.00
$ 66.00
Design Technician
$ 24.50
$ 73.50
$ 7.35
$ 80.85
Secretary
$ 18.55
$ 55.65
$ 5.57
$ 61.22
* Hourly rates are based on salary costs with a 3.0 multiplier.
EXPERT TESTIMONY, IF REQUIRED BY THE CITY
MINIMUM 4 HOURS PER DAY
CLASSIFICATION
TOTAL
STANDARD
RATE
TOTAL EXPERT
TESTIMONY
RATE*
Principal and Registered Professional
Engineer
Senior Engineer
Project Manager
$ 237.97
$ 125.40
$ 95.21
$ 297.46
$ 156.75
$ 119.01
* Rates are based on "Total Standard Rate" with a 1.25 multiplier.
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT D - Fee Schedule
(Page 2 of 3)
Basic Services:
PROJECT
Item 1: Platting Phase
• Preliminary Plats (3 Total); Work completed under original Engineering
Services Agreement
• Final Plats (3 Total) Done
• Field Staking of Lot Pins Done
• Revise Final Plat for Joyce Lane because of landowner driven changes. $ 1,000.00
• Revise Final Plat for Ray Berglund because of landowner driven changes. $ 1,000.00
• Drainage Study to identify the ultimate 100 year flood plain associated with the $12,000.00
existing drainage ways with the
• Reimbursable item for purchase of abstract certificates from title company $11,000.00
• Reimbursable item for fees, permits, and tax certificates $ 1,200.00
Item 2: Design Phase — Water, Wastewater, Street and Drainage
• Utility Schematics Done
• Drainage Schematics Done
• Field Design Surveys Done
• Existing Utility Field Locations Done
• Construction Drawings Done
• Contract Documents and Technical Specifications Done
• Revise Construction Plans for Joyce Lane Plat Revisions. $ 2,000.00
• Revise Construction Plans for Ray Berglund Plat Revisions. $ 3,000.00
• Reimbursable item for additional premium cost of professional liability $ 2,200.00
insurance coverage
Environmental — Social Economic, Environmental and Public Study
• Perform a Records Search and Preliminary Field Reconnaissance for the
Presence of Potentially Eligible Structures
• Send notification letter to the Texas Historical Commission and USCOE
• Perform an Environmental Audit for Hazardous Materials Impact and Prepare
Environmental Documents
MILESTONE & ESTIMATED
Done
Done
Done
Done
CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH
S. D. Kallman, LP
Ray Berglund Development Area
EXHIBIT D - Fee Schedule
(Page 3 of 3)
PROJECT MILESTONE & ESTIMATED
• Bidding of Project $ 650.00
• Award of Project and Pre -Construction Conference $ 650.00
Item 3: Construction Administration Phase
• Setting Controls on Benchmarks $ 2,000.00
• Construction Administration Services $ 1,589.98
TOTAL COMPENSATION IN ORIGINAL AUTHORIZATION FOR BASIC
SERVICES NOT TO EXCEED: $38,289.98
EXHIBIT E
Certificates of Insurance
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
MICHAEL J. HALL & COMPANY
19578 10TH AVENUE N.E.
POULSBO WA 98370
PHONE: (360)598-3700
FAX: (360) 598-3703
S.D. KALLMAN, L.P.
INSURED 1106 S. MAYS, SUITE 100
ROUND ROCK TX 78664
Date: FEB 18 04
COMPANIES AFFORDING COVERAGE
A UNDERWRITER AT LLOYDS, LONDON
B
C
D
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
LTR NUMBER DATE DATE
GENERAL LIABILITY
GENERAL AGGREGATE $
PRODUCTS-COMP/OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
STATUTORY LIMITS $
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
PROFESSIONAL LIABILITY
CLAIMS MADE FORM HCP2289
FEB 13 04' FEB 13 05 $1,000,000 PER CLAIM
$1,000,000 AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
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.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Certificate of Insurance
SIGN OF THORIZED E�ATIVE
Typed Name: Matthew L. Copus
Title:
AUTHORIZED REPRESENTATIVE
0
Sheets & Crossfield, P.C.
ATTORNEYS AT LAW
309 Ease Main Street • Round Rock, TX 78664-52-i6
phone 512-255-8877 • fax 512-255-8986
r1C'D MAR ? 6S 2005
MEMORANDUM
TO: Christine Martinez
City Secretary
FROM: Patti Gilmore
Legal Assistant to J. Kay Gayle
SUBJECT: Recorded and Filed Easement
DATE: March 14, 2005
Enclosed is the original document that has been recorded in Travis County for a partial
release of easement from the City of Round Rock to Capital City — Socrates, Ltd.,
including details below:
Capital City — Socrates, Ltd.
04-12-08.3 # 2055036931
This document was additionally recorded in Williamson County on February 7, 2005.
Should there be questions, please feel free to give me a call.
/pmg
Attachment
O:\wdox\FIRM\patti\correspo\00078909. DOC
11111111111111111111111111111111111
REL
8 PGS
REL
8 PGS
2005036931
2005009729
RELEASE OF PORTIONS OF
WATER AND/OR WASTEWATER AND/OR PUBLIC UTILITY EASEMENTS
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
That the CITY OF ROUND ROCK, TEXAS, a municipal corporation situated in the Counties of
Travis and Williamson, State of Texas, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration paid by CAPITAL CITY — SOCRATES, LTD., a
Texas Limited Partnership, the receipt and sufficiency of which is hereby acknowledged, does hereby
ABANDON, RELEASE and DISCHARGE only the below -described portion or portions of water and/or
wastewater and/or public utility easements appearing as shown on Lot 1, a final plat of Round Rock
Gateway Section One, a subdivision plat of record in Document No. 200400060 of the Official Public
Records of Travis County, Texas; Lot 2, a final plat of Round Rock Gateway Section Two, a subdivision
plat of record in Document No. 200400061 of the Official Public Records of Travis County, Texas; and
Lot 3B, Block "A", Round Rock Crossing, a subdivision plat of record in Volume 100, Pages 205-207 of
the Plat Records of Travis County, Texas and also of record in Cabinet P, Slides 140-142 of the Plat
Records of Williamson County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof, describing a 0.330 acre tract of
land out of the Socrates Darling Survey No. 102, Abstract No. 232, situated in the City of
Round Rock, Travis County, Texas, being a portion of Lot 1, a final plat of Round Rock
Gateway Section One, a subdivision of record in Document No. 200400060 of the
Official Public Records of Travis County, Texas; Lot 2, a final plat of Round Rock
Gateway Section Two, a subdivision plat of record in Document No. 200400061 of the
Official Public Records of Travis County, Texas; and Lot 3B, Block "A", Round Rock
Crossing, a subdivision plat of record in Volume 100, Pages 205-207 of the Plat Records
of Travis County, Texas and also of record in Cabinet P, Slides 140-142 of the Plat
Records of Williamson County, Texas; said 0.330 acre tract being comprised of portions
of public utility and water/wastewater easements shown on said plat of Round Rock
Crossing; and said 0.330 acre tract being more particularly described by metes and
bounds as indicated; and
See "Sketch to Accompany Description" attached hereto and made a part hereof for all
intents and purposes hereunto and in any wise pertaining, showing such easements.
This instrument is given specifically to release the described portion or portions of said
easements, which portion or portions of said easements are terminated by abandonment, termination,
vacation, and cessation of purpose, and which portion or portions of said easements will be of no further
effect, whether legal or equitable.
IN WITNESS WHEREOF, the City of Round Rock, Texas has caused this instrument entitled
"Release of Portions of Water and/or Wastewater and/or Public Utility Easements" to be executed on
this the 4 day of the month of Feb0. J , 2005.
00080222ijkg
1
9
RELEASER:
CITY OF ROUND ROCK, TEXAS
By:
Ja es R. Nuse, City Manager
ACKNO DGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this the 4 day of the month of
rib i^h{Q x -u , 2005, by James R. Nuse, City Manager for the CITY OF ROUND ROCK, Texas
in the capacity and,for the purposes and consideration therein expressed.
SI
ENI i:'OPJRi
+dota y Put�'r:c, Siete of Texas
P,1y Cornn csion Expires
"!AY 7, 2007
AFTER RECORDING RETURN TO:
Stephan L. Sheets
Sheets & Crossfield, P.C.
309 East Main Street
Round Rock, Texas 78664
Notary Public, State of Texas
2
0.330 ACRE
CAPITAL CITY PARTNERS
ROUND ROCK GATEWAY
DESCRIPTION
d</I Zo?- 3
FN. NO. 04-193(MAZ)
OCTOBER 26, 2004
BPI JOB NO. 1289-02
OF A 0.330 ACRE TRACT OF LAND OUT OF THE SOCRATES DARLING SURVEY
NO. 102, ABSTRACT NO. 232, SITUATED IN THE CITY OF ROUND ROCK,
TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 1, A FINAL PLAT OF
ROUND ROCK GATEWAY SECTION ONE, A SUBDIVISION OF RECORD IN
DOCUMENT NUMBER 200400060, OF THE OFFICIAL PUBLIC RECORDS OF
TRAVIS COUNTY, TEXAS; LOT 2, A FINAL PLAT OF ROUND ROCK GATEWAY
SECTION TWO, A SUBDIVISION OF RECORD IN DOCUMENT NUMBER
200400061, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS; AND LOT 3B, BLOCK "A", ROUND ROCK CROSSING, A SUBDIVISION
OF RECORD IN VOLUME 100, PAGES 205-207 OF THE PLAT RECORDS OF
TRAVIS COUNTY, TEXAS AND ALSO OF RECORD IN CABINET P, SLIDES
140-142 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID
0.330 ACRE TRACT BEING COMPRISED OF PORTIONS OF PUBLIC UTILITY
AND WATER/WASTEWATER EASEMENTS SHOWN ON SAID PLAT OF ROUND ROCK
CROSSING AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch rod found for an angle point in the
westerly line of said Lot 2 and for the southeasterly corner of
Lot 3C, Block "A", of said Round Rock Crossing, same being in
the easterly line of a 15' Water and Wastewater Easement shown
on said Plat of Round Rock Crossing, for the southerly most
corner and the POINT OF BEGINNING hereof;
THENCE, N16°40'53"W, crossing said 15' Water And Wastewater
Easement with the line common of said Lot 3C and said Lot 2, a
distance of 42.99 feet to a point in the westerly line of said
15' Water and Wastewater Easement, for an angle point hereof,
from which a 1/2 inch rod found in the westerly line of said
Lot 2, for the northeasterly corner of said Lot 3C bears
N16°40'53"W, a distance of 81.95 feet;
THENCE, NO3°44'25"E, leaving the easterly line of said Lot 3C,
over and across said Lot 2 and said Lot 1 with the westerly line
of said 15' Water and Wastewater Easement of record, a distance
of 263.45 feet to a point in the southerly line of a 10' Public
Utility Easement shown on said Round Rock Crossing Plat, for an
angle point hereof;
THENCE, S73°19'09"W, crossing said Lot 1 and said Lot 3B, with
the southerly line of said 10' Public Utility Easement of
record, a distance of 132.01 feet to a an angle point hereof,
same being the northeasterly corner of a 10' Public Utility
Easement shown as "abandoned" by said Round Rock Crossing Plat;
11 EXHIBIT
FN 04-193
OCTOBER 26, 2004
PAGE 2 OF 4
/2.-cg- 3
THENCE, S16°41'53"E, continuing to cross said Lot 38 with the
easterly line of said shown "abandoned" 10' Public Utility
Easement, a distance of 114.89 feet to an angle point hereof,
being in the line common to the southerly line of said Lot 3B
and a northerly line of said Lot 2;
THENCE, S73°19'07"W, with said common line and crossing said
shown "abandoned" 10' Public Utility Easement, a distance of
10.00 feet to an angle point hereof in the westerly line of said
shown "abandoned" 10' Public Utility Easement;
THENCE, leaving said common line and crossing said Lot 3B with
the outer lines hereof, the following three (3) courses and
distances:
1) N16°41'53"W, with the westerly line of said shown
"abandoned" 10' Public Utility Easement, a distance of
114.89 feet to the northwesterly corner of said shown
"abandoned" 10' Public Utility Easement, and being in the
southerly line of the aforementioned 10' Public Utility
Easement of record, for an angle point hereof;
2) S73°19'09"W, with the southerly line of said 10' Public
Utility Easement of record, a distance of 229.11 feet to
the westerly most southwesterly corner hereof, same being
in the easterly line of a 15' Public Utility Easement shown
on said Round Rock Crossing Plat;
3) N14°00'43"W, with the easterly line of said 15' Public
Utility Easement of record, a distance of 10.01 feet to the
northwesterly corner hereof being in the northerly line of
said Lot 3B, same being the southerly line of a 0.434 acre
tract described in a deed to Socrates Retail Joint Venture,
recorded in Volume 13345, Page 2535 of the Real Property
Records of Travis County, Texas, from which a cotton
spindle found for the northwesterly corner of said Lot 3B
bears S73°19'09"W, a.distance of 15.02 feet;
THENCE, N73°19'09"E, in part with the northerly line of said Lot
3B and a northerly line of said Lot 1, same being in part the
southerly line of said 0.434 acre tract, the southerly line of a
tract of land described in a deed to North IH -35 Investments,
Inc. recorded in Volume 13089, Page 2008 of said Real Property
Records, and the southerly line of a 0.841 acre tract of land
described in a deed to North IH -35 Investments, Inc., recorded
in Volume 12675, Page 2061 of said Real Property Records, a
distance of 449.56 feet to a 1/2 inch iron rod found for the
southeasterly corner of said 0.841 acre tract of land and being
an angle point in the westerly line of said Lot 1, for an angle
point hereof;
FN 04-193
OCTOBER 26, 2004
PAGE 3 OF 4
pc��2co£- 3
THENCE, N16°46'53"W, with the line common of said Lot 1 and said
0.841 acre tract, a distance of 75.06 feet to the northerly most
northwesterly corner hereof;
THENCE, leaving said common line over and across said Lot 1,
with the outer lines hereof, the following six (6) courses and
distances:
1) N73°19'07"E, a distance of 10.00 feet to the northerly most
northeasterly corner hereof and being in the easterly line
of a 10' Public Utility Easement shown on said Round Rock
Crossing Plat;
2) S16°46'53"E, with the easterly line of said 10' Public
Utility Easement of record, a distance of 75.59 feet to an
angle point hereof being in the northerly line of a 15'
Sanitary Sewer Easement dedicated in Volume 1364, Page 964
of said Real Property Records and shown on said Rock
Crossing Plat;
3) N74°52'16"E, with the northerly line of said 15' Sanitary
Sewer Easement of record, a distance of 130.53 feet to the
easterly most northeasterly corner hereof, same being the
northwesterly corner of a 0.217 acre portion of said 15'
Sanitary Sewer Easement of record released in Document No.
2004010100 of the Official Public Records of Travis County,
Texas; -
4) S15°23'34"E, with the westerly line of said 0.217 acre
tract, a distance of 15.00 feet to the easterly most
southeasterly corner hereof, being in the southerly line of
said 15' Sanitary Sewer Easement of record;
5) S74°52'16"W, with the southerly line of said 15' Sanitary
Sewer Easement of record, a distance of 130.17 feet to an
angle point hereof, and being the northeasterly corner of a
15' Wastewater Easement shown on said Plat of Round Rock
Crossing;
6) S16°46'53"E, with the easterly line of said 15' Wastewater
Easement of record and hereof, a distance of 101.85 feet to
the southeasterly corner of said 15' Wastewater Easement of
record, same being and an angle point hereof in the common
line of said Lot 1 and said Lot 2;
THENCE, S73°19'07"W, with the common line of said Lot 1 and said
Lot 2, same being southerly line of said 15' Wastewater Easement
of record and the southerly line hereof, a distance of 15.00
feet to the southwesterly corner of said 15' Wastewater Easement
of record and an angle point hereof,
FN 04-193
OCTOBER 26, 2004
PAGE 4 OF 4
THENCE, leaving said common line over and across said Lot 1,
with the outer lines hereof, the following four (4) courses and
distances:
1)
N16°46'53"W, with the westerly line of said 15' Wastewater
Easement of record and hereof, a distance of 102.26 feet to
the northwesterly corner of said 15' Wastewater Easement of
record, being in the southerly line of said 15' Sanitary
Sewer Easement of record, for an angle point hereof;
2) S74°52'16"W, with the southerly line of said 15' Sanitary
Sewer Easement of record, a distance of 5.00 feet to the
southwesterly corner of said 15' Sanitary Sewer Easement of
record, for an angle point hereof;
3) N16°46'53"W, with the westerly line of said 15' Sanitary
Sewer Easement of record, a distance of 5.00 feet to an
angle point hereof, and being in the southerly line of the
aforementioned 10' Public Utility Easement Shown on the
Plat of said Round Rock Crossing;
4) S73°19'09"W, with the southerly line of said 10' Public
Utility Easement of record, a distance of 52.92 feet to an
angle point hereof, and being the northeasterly corner of
an aforementioned 15' Water And Wastewater Easement shown
on the Plat of said Round Rock Crossing;
THENCE, S03°44'25"W, over and across said Lot 1 and said Lot 2
with the easterly line of said 15' Water And Wastewater Easement
of record, a distance of 309.32 feet to the POINT OF BEGINNING,
containing an area of 0.330 acre (14,385 sq. ft.) of land, more
or less, within these metes and bounds.
THE BEARING BASIS FOR THIS SURVEY IS TEXAS STATE PLANE
COORDINATES CENTRAL ZONE NAD 83/HARN 93. MONUMENTS USED ARE CITY
OF ROUND ROCK MONUMENTS, AS FOUND MARKED AS FOLLOWS: 01-018, 01-
029, 01-017, 01-001, 01-022 AND 01-019.
THAT I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT PROPERTY DESCRIBED HEREIN WAS DETERMINED BY
A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION
COMPLETED DURING THE MONTH OF MARCH, 2003.
BURY+PARTNERS, INC.
ENGINEERS -SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
10
JOHN . BILNOSKI, R.P
NO. '998
STAT OF TEXAS
RECORDERS MEMORANDUM
A11 or puts of the text on this page was not
04/10 V- 3
clearly Ieg!61g ('Or sati.f1'ctory recordation. PORTION OF 10' PUE TO REMAIN
LOT 1
A FINAL PLAT OF ROUND
ROCK GATEWAY SECTION ONE
DOC. NO. 200400060
13
x„15
S016 a
O qR 4G 2* -142 "'"1:47
i 1005,10�� a e. 5tv o
1.0 i4
yz
°do
L1511 za
15' WASTEWATER EASEMENT ,A'r-
VQ1 100, PGS. 205-207 a3
CAB. P, SLDS. 140-142 '1
0.330 ACRE
(14,385 SQ. FT.)
15' WATER AND
WASTEWATER EASEMENT
VOL. 100, PGS. 205-207
CAB. P, SLDS. 140-142
LOT 2
A FINAL PLAT OF ROUND ROCK
GATEWAY SECTION TWO
DOC. NO. 20040005 1
Co
15' WATER NO
WATER EASEMENT ' REMAIN
i ! R
BSTR
UNE TABLE
No.
Beorini
Distance
11
N16'40 53"W -
42.99'
L2
NO3'44`25"E
263.45'
13
573'19'09"W '132.01'
L4
S16'41'534E
114.89'
15
57319'07"W
10.00'
L6
N16'41'53"W
114.89'
L7
57319'09"W
229.11'
L8
N14'00'43'W
10.01'
L9
N73'19'09"E
449.56'
L10
N16'46'53"W
75.06'
Lit
N73'19'07"E
10,00'
L12
516'46'53"E
75.59'
1,
i �.
\j E `j
\ CJ
P.O.B.
A R I 1 N G
N 0 (3 2
IN O. 2 3 2
No.
113
Beari
N74'52 16"E
Distance
130.53'
L14
515'23'34"E
15.00'
LI5
574'52'16"W
130.17'
115a
115b
St6'46'53"E
573'19'07"W
101.85'
15.00'
115c
N16'46'53"W
102.26'
L15d
574'52'16"W
5.00'
116.
Ni 6'46'53"W
5.00'
117
57319'09"W
52.92'
L18
S03'44'25"W
309.32'
119
N16'40'53"W
81.95'
L20
573'19'09"W
15.02'
0 50 100 150 200
1"=100'
LEGEND
•
P.Q.B.
P.U.E.
1/2" IRON ROD FOUND
POINT OF BEGINNING
PUBLIC UTILITY EASEMENT
CAPITAL CITY
PARTNERS
I) Bury+ Partners
Consulting Engineers and Surveyors
A"etin,Tene Tel 612/321-6611 Fag 512/321-0326
A"pM.,l"".. In *Copyright A'04
SKETCH TO ACCOMPANY DESCRIPTION
OF A 0.330 ACRE TRACT OF LAND OUT OF THE SOCRATES DARLING SURVEY NO. .102,
ABSTRACT NO. 232., SITUATED IN THE CITY OF ROUND ROCK, TRAVIS COUNTY, TEXAS,
BEING A PORTION OF LOT 1, A FINAL.: PLAT CF ROUND ROCK GATEWAY SECTION ONE, A
SUBDIVISION PLAT OF RECORD IN DOCUMENT NUMBER 200400060, OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, LOT 2, A FINAL FLAT OF ROUND ROCK
GATEWAY SECTION TWO, A SUBDIVISION PLAT OF RECORD IN DOCUMENT NUMBER
200400061, OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND LOT
38, BLOCK "A", ROUND ROCK CROSSING, A SUBDIVISION PLAT OF RECORD IN VOLUME
100, PAGES 205-207 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS AND ALSO OF
RECORD IN CABINET 8, SLIDES 140-142 OF THE PLAT RECORDS OF WILLIAMSON COUNTY,
TEXAS,
GATE: 10/26/04 1F1LE: 11:\1289\02\EX14.dwg
IFN No.: 04-193(MAZ)
!DRAWN BY: MAZ ! PROD. No: 1288-02