R-10-08-12-9D2 - 8/12/2010RESOLUTION NO. R -10-08-12-9D2
WHEREAS, the City of Round Rock desires to retain professional consulting services for
development of a FEMA -approved Hazard Mitigation Action Plan to fulfill federal, state and local
hazard mitigation planning requirements, and for related goods and services, and
WHEREAS, H2O Partners, Inc., ("H2O") has submitted an Agreement for Consulting
Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement with H2O, 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 Consulting Services for Development of Hazard Mitigation Action Plan With H2O
Partners, Inc., a copy of same 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 12th day of August, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00199229.DOC/rmc
CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES
FOR DEVELOPMENT OF HAZARD MITIGATION ACTION PLAN
WITH 1120 PARTNERS, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT for professional consulting services relating to development of a
FEMA -approved Hazard Mitigation Action Plan (HMAP) to fulfill federal, state and local hazard
mitigation planning requirements, and for related goods and services (the "Agreement") is made
by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality with offices
located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City") and H2O
PARTNERS, INC., with offices located at 2900 North Quinlan Park Road, Suite 240-135,
Austin, Texas 78732, and with a mailing address of Post Office Box 160130, Austin, Texas
78716 (the "Consultant" or "1-120").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by each party hereto, and
shall remain in full force and effect unless and until it expires by operation of the term stated
herein, or until terminated or extended as provided herein.
The initial term of this Agreement shall be until full and satisfactory completion of the
work specified herein is achieved, but in no event later than twenty-four (24) months from the
effective date of this Agreement. After that initial term, this Agreement may be renewed for one
(1) term of twelve (12) months, with such renewal to occur on or before the expiration date of
the preceding term, and with such renewal being absolutely predicated upon the express written
197285/jkg
EXHIBIT
„A„
agreement of both parties. Such renewal is permitted only provided Consultant has performed
each and every contractual obligation specified in this original Agreement.
City reserves the right to review the Agreement at any time, and may elect to terminate
this Agreement with or without cause or may elect to continue.
2.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant for actual work performed at the rate of $150.00 per hour, with the
total sum paid not to exceed Eighty-three Thousand Five Hundred Fifty and No/100 Dollars
($83,550.00), in payment for services and the Scope of Services deliverables as delineated herein
and in attached exhibits. Allowable reimbursable expenses shall not exceed One Thousand
Eight Hundred and No/100 Dollars ($1,800.00), thereby bringing the total not -to -exceed sum
of this Agreement to EIGHTY-FIVE THOUSAND THREE HUNDRED FIFTY AND
NO/100 DOLLARS ($85,350.00).
3.01 SCOPE OF SERVICES
For purposes of this Agreement, Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is recited in Exhibit "A" attached
hereto and incorporated herein by reference for all purposes. This Agreement shall evidence the
entire understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions. Consultant shall satisfactorily provide all services and
deliverables described under the referenced Scope of Services within the contract term specified
herein. Consultant's undertakings shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
shall perforin its services in accordance with this Agreement and in accordance with the
referenced Scope of Services. Consultant shall perform its services in a professional and
workmanlike manner.
Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A" and herein. However, either party may make written requests for changes to the
Scope of Services. To be effective, a change to the Scope of Services must be negotiated and
agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as
described herein.
4.01 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant the following "Payment for Services:"
Fees for the listed deliverables in the total amount of $83,550.00 shall be paid by City in
the following manner:
In accordance with "Fee Schedule" contained in Exhibit "A" attached hereto.
2
The approximate loading of Consultant's professional time and costs by segment is as is
delineated in exhibits attached hereto and incorporated herein by reference for all purposes.
Payment for Reimbursable Expenses: Payment for allowable reimbursable expenses,
in the not -to -exceed amount of $1,800.00, is authorized under this Agreement.
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement, Consultant's total compensation for consulting services hereunder
shall not exceed $83,550.00. This amount represents the absolute limit of City's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall
pay, strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work
done on behalf of City.
Deductions: No deductions shall be made for Consultant's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions: No additions shall be made to Consultant's compensation based upon project
claims, whether paid by City or denied.
5.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if City determines that there has
been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant
relating to additional work not directly authorized by Supplemental Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment following delivery of all deliverables, Consultant shall
prepare and submit detailed progress invoices to City, in accordance with the delineation
contained herein, for services rendered. Such invoices for professional services shall track the
referenced Scope of Services, and shall detail the services performed, along with documentation
for each service performed. Payment to Consultant shall be made on the basis of the invoices
submitted by Consultant and approved by City. Such invoices shall conform to the schedule of
services and costs in connection therewith.
Should additional backup material be requested by City relative to service deliverables,
Consultant shall comply promptly. In this regard, should City determine it necessary,
Consultant shall make all records and books relating to this Agreement available to City for
inspection and auditing purposes.
3
Payment of Invoices: City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described herein. Under no circumstances shall Consultant be entitled to receive interest on
payments which are late because of a good faith dispute between Consultant and City or because
of amounts which City has a right to withhold under this Agreement or state law. City shall be
responsible for any sales, gross receipts or similar taxes applicable to the services, but not for
taxes based upon Consultant's net income.
7.01 REQUIRED DRAFT REPORTS AND FINAL REPORT
Consultant agrees to provide City with draft reports and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
At a minimum, Consultant shall provide ten (10) printed and bound copies of the final Disaster
Mitigation Plan; and ten (10) electronic copies of the plan on CD in PDF format.
Consultant agrees to provide City with additional bound copies of the final written report,
if and as requested, with the right to make additional copies being at the sole election of City.
All copies of the written final report will be to specifications as delineated by City.
8.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
4
A. There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant, with
the understanding that immediately upon receipt of said notice all work being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and
shall be compensated in accordance with the terms hereof for work accomplished prior to the
receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated
profits for work terminated under this Agreement. Unless otherwise specified in this Agreement,
all data, information, and work product related to this project shall become the property of City
upon termination of this Agreement, and shall be promptly delivered to City in a reasonably
organized form without restriction on future use, subject to the conditions set forth herein.
Should City subsequently contract with a new consultant for continuation of service on the
project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of City
and the terminated party to fulfill contractual obligations. Termination under this section shall
not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
If default results in termination of this Agreement, then City shall give consideration to
the actual costs incurred by Consultant in performing the work to the date of default. The cost of
the work that is useable to City, the cost to City of employing another firm to complete the
5
useable work, and other factors will affect the value to City of the work performed at the time of
default. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating party and the terminated party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not City's employee. Consultant's
employees or subcontractors are not City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and City shall not hire, supervise, or pay assistants to help Consultant.
Neither Consultant nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(3)
(5)
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
(7)
13.01 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
6
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
14.01 CITY'S RESPONSIBILITIES
Full information: City shall provide hull information regarding project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required to enable Consultant to provide the services called for.
City shall require its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directives provided by City or its
designated representative concerning provision of services as accurate and complete.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. Consultant agrees, in a timely
manner, to provide City with a comprehensive and detailed information request list, if any.
15.01 CONFIDENTIALITY; AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
7
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Liformation; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information,
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
16.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work not in compliance
with this representation. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES
EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of City or of this
Agreement, then and in that event City shall give written notification to Consultant; thereafter,
8
(a) Consultant shall either promptly re -perform such services to City's satisfaction at no
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither- party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
(1)
Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3)
Withhold state or federal income tax from any of Consultant's payments.
If requested, City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.01 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the
term of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
9
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1)
Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or any material change in coverage, a notice shall be given to City to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within ten (10) days of receipt, of any notices of
expiration, cancellation, non -renewal, or material change in coverage it receives
from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Consultant.
Terms "City" or "Round Rock" shall include all authorities, boards, commissions,
departments and officers of City and individual members, employees • and
designated agents in their official capacities or while acting on behalf of the City.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self -Insured Retentions
of whatever nature.
(3)
(5)
Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with City.
21.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant, its consultants, agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to City at the expiration of the term of this Agreement.
22.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
10
23.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative(s) authorized to act in its behalf
with regard to this Agreement:
James Nuse, P.E.
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Erin Capps, Project Manager
H2O Partners, Inc.
Post Office Box 160130
Austin, Texas 78716
Telephone: (512) 769-5483
E -Mail: ecapps@h2oparntersusa.com
24.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
H2O Partners, Inc.
Post Office Box 160130
Austin, Texas 78716
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
11
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, 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 Texas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator,
City shall select one mediator and Consultant shall select one mediator and those two mediators
shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with
the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
28.01 FORCE MAJEURE
Notwithstanding any other provisions hereof to the contrary, no failure, delay or default
in performance of any obligation hereunder shall constitute an event of default or breach of this
Agreement, only to the extent that such failure to perform, delay or default arises out of causes
beyond control and without the fault or negligence of the party otherwise chargeable with failure,
delay or default; including but not limited to acts of God, acts of public enemy, civil war,
insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other
casualties, strikes or other labor troubles, which in any way restrict the performance under this
Agreement by the parties.
Consultant shall not be deemed to be in default of its obligations to City if its failure to
perform or its substantial delay in performance is due to City's failure to timely provide
12
requested information, data, documentation, or other material necessary for Consultant to
perform its obligations hereunder.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
30.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to City and according to generally accepted business
practices.
31.01 GRATUITIES AND BRIBES
City may, by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
33.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant, its agents, employees and subcontractors shall use best efforts to comply with
all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
13
34.01 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Agreement.
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the party against whom such waiver or
discharge is sought to be enforced.
This Agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this document; and all of which, when taken together, shall constitute
one and the same instrument. City agrees to provide Consultant with one fully executed original.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the
dates indicated.
City of Round Rock, Texas H2O Partners, Inc.
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
14
ed Name: E r L CA?P
Title: exWAS
Date Signed: 0" t r 01 — DlO
RFP 10.019
Specification Number
10-990-29
Dated: May 2010
City of Round Rock
REQUEST FOR PROPOSALS
CONSULTANT SERVICE TO DEVELOP THE CITY'S HAZARD MITIGATION ACTION PLAN
PART I
GENERAL
1. PURPOSE:
The City of Round Rock, Texas seeks proposals from qualified consultants to provide assistance for development
and completion of a FEMA -approved Hazard Mitigation Action Plan (HMAP) to fulfill federal, stale and local
hazard mitigations planning responsibilities.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal
document:
2.1 Agreement — A mutually binding legal document obligating the Vendor to furnish the goods, equipment or
services and obligating the City to pay for it.
2.2 gly — Identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3 Deliverables - The goods, products, materials, and/or services to be provided to the City by Respondent if
awarded the agreement.
2.4 Goods - Represent materials, supplies, commodities and equipment.
2.5 Improvement -- Describes any work or modification to City property that adds to the overall value of the
property.
2.6 Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the
Respondent to perform the resulting contract.
2.7 Proposer/Respondent - Identifies persons and entities that submit a proposal.
2.8 Purchase Order - Is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Respondent,
becomes a contract. The Purchase Order is the Respondent's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
2.9 Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified.
2.10 Subcontractor -Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
2.11 Vendor (Sometimes referred to as Contractor) -A person or business enterprise providing goods,
equipment, tabor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
EXHIBIT
HA..
Page 1 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
3. CONFLICT OF INTEREST:
Effective March 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any
vendor or person considering doing business with a local government entity disclose the vendor or person's
affiliation or business relationship that might cause a conflict of interest with a local government entity. The
Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us.
Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If
mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in
the disqualification of the Respondent's proposal.
4. CITY CONTACT:
All questions, clarifications or requests for general information are to be directed to:
Carolyn Brooks
Purchaser
221 E Main St
Round Rock, TX 78664
Fax (512) 218-7028
Telephone (512)-218-5457
cmbaround-rock.tx.us
The individual above may be contacted for clarification of the specifications of this Request for Proposals only. No
authority is intended or implied that specifications may be amended or alternates accepted prior to closing date
without written approval of the City. Under no circumstances will private meetings be scheduled between
Respondents and city staff.
5. EX PARTE COMMUNICATION:
Please note that to insure the proper and fair evaluation of a proposal, the City prohibits ex parte communication
(i.e., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or considering the
proposals prior to the time a formal decision has been made. Questions and other communication from
Respondents will be permissible until 5:00 p.m. on the day specified as the deadline for questions. Any
communication between Respondent and the City after the deadline for questions will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the proposal. Ex parte communication may be grounds for disqualifying the offending
Respondent from consideration of award of the solicitation then in evaluation, or any future solicitations.
PART 11
INSTRUCTIONS
1. PROPOSAL SCHEDULE:
It is the City's Intention to comply with the following proposal timeline:
1.1 Request for Proposals released
1.2 Deadline for questions
1.3 City responses to all questions/addendums
1.4 Responses for RFP due by 3:00 p.m.
Page 2 of 9
May 8, 2010
May 17, 2010
May 18,2010
May 25, 2010
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
All questions regarding the RFP shall be submitted in writing by 5:00 p.m. on May 17, 2010. A copy of all
the questions submitted and the City's response to the questions should be posted on our webpage,
jittp://www.roundrocktexas.00v/home/index.asp?page=463. Questions shall be submitted to the City contact
named above.
NOTE: These dates represent a tentative schedule of events. The City reserves the right to modify these dates at
any time, with appropriate notice to prospective Respondents through notification on our webpage and email.
2. PROPOSAL DUE DATE:
2.1 Signed and sealed proposals are due no later than 3:00 p.m., May 25, 2010, to the Purchasing
Department. Mail or carry sealed proposals to:
City of Round Rock, Texas,
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.2 Proposals received after this time and date will not be considered.
2.3 Sealed proposals should be clearly marked on the outside of packaging with the RFP title, number, due
date and "DO NOT OPEN".
2.4 Facsimile or electronically transmitted proposals are not acceptable.
2.5 late Proposals properly identified will be returned to Respondent unopened if return address Is provided.
3. PROPOSAL SUBMISSION REQUIREMENTS:
To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be
organized in the manner specified below. Proposals shall not exceed twelve (12) pages in length (excluding
resumes, title pages(s) and index/table of contents, attachments or dividers). Information in excess of those
pages allowed will not be evaluated. One page shall be interpreted as on side of a single-spaced, typed, 8 %° X
11" sheet of paper.
3.1 Title Page (1 page) Show the RFP title and number, the name of your firm, address, telephone number(s)
name of contact person and date.
3.2 Letter of Transmittal (1 page)
3.2.1 Identify the RFP project for which proposal has been prepared.
3.2.2 Briefly state your firms understanding for the services to be performed and make a positive
commitment to provide the services as specified.
3.2.3 Provide the name(s) of the person(s) authorized to make representations for your firm, their titles,
address and telephone numbers
3.2.4 The letter of each proposal shall be signed in permanent ink by a corporate officer or other
individual who has the authority to bind the firm. The name and title of the individuals(s) signing
the proposal must be clearly shown immediately below the signature.
3.3 Table of Contents (1 page) — Clearly Identify the materials by Section and Page Number.
3.4 Proposal Narrative (limited to 10 total pages)
3.4.1 Previous Performance/Experience
3.4.1.1 Provide detailed information on experience with previous Disaster Mitigation Plans and
Plan updates including knowledge of Current FEMA plan requirements.
3.4.1.2 Provide a representative list of projects of a scale and complexity similar to the project
being considered by the City. The list should include the project location, client, services
provided by your firm for the project, term of services and an owner contact name.
3.4.1.3 Provide at least three references for which your firm has provided the same or similar
services. Include a point of contact, current telephone number and a brief description of
the services provided. Any negative responses received may result in disqualification
Page 3 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
from consideration for award. Failure to include references with submittal may result
in disqualification from consideration for award.
3.4.2 Key Project Staff and Sub -consultants
3.4.2.1 Identify key project staff, task leaders and sub -consultants along with their expected
services for the scope of work on behalf of the firm. Resumes should be included for
each of the individuals and sub -consultants referenced which demonstrate their
qualifications to satisfy all the critical and service requirement areas. The City reserves
the right to approve or disapprove all sub -consultants prior to any work being performed.
3.4.3 Available Resources and Consultant Location
3.4.3.1 Business History: Provide information on size, resources and business history of the firm
3.4.3.2 Provide information on personnel resources available to your firm, which indicates that
you have access to the services necessary to perform the work in the time available and
within the required standard.
3.4.3.3 Describe the firm's location where the primary services are to be provided and the ability
to meet in person with City personnel when required during the performance of the
Contract.
3.4.4 Protect Understanding and Methodology
3.4.4.1 Consultant shall demonstrate a thorough knowledge and understanding of natural and
manmade hazards, the State of Texas HMAP and FEMA's requirements for Disaster
Mitigation Plans.
3.5 Submit one (1) original and eight (8) copies of materials that demonstrate their experience in performing
services of this scale and complexity. It is recommended that proposals not be submitted in ringed binders
or metal spirals to conserve cost for both the Respondent and the City.
4. DISCLOSURE OF LITIGATION:
Each Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Respondent or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT:
5.1 All proposals submitted in response to this RFP shall be held confidential until a contract is awarded.
Following the contract award, proposals are subject to release as public information unless the proposal
or specific parts of the proposal can be shown to be exempt from the Texas Public Information Act.
Respondents are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City
assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.
5.2 If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent
shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part
of the proposal, which the Respondent believes to be confidential. Vague and general claims as to
confidentiality shall not be accepted. All proposals and parts of proposals that are not marked as
confidential will be automatically considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS:
The City reserves the right to request clarification or additional information specific to any proposal after all
proposals have been received and the RFP close date has passed.
7. PROPOSAL PREPARATION COSTS:
All costs directly or indirectly related to preparation of a response to this solicitation or any oral presentation
required to supplement and/or clarify a Proposal which may be required by the City shall be the sole responsibility
of the Respondent.
Page 4of9
RFP 10.019
Specification Number
10-990-29
Dated: May 2010
8. EVALUATION CRITERIA:
All proposals received shall be evaluated based on the best value for the City. In determining best value, the City
may consider:
8.1 Cost;
8.2 Previous Experience and Past Performance;
8.3 Key Project Staff and Sub -consultants;
8.4 Available Resources and Consultant Location
8.5 Project Understanding and Methodology
8.6 Any relevant criteria specifically listed in the solicitation.
9. EVALUATION PROCESS:
9.1 A team comprised of City Staff and others as appropriate will review the responses to the RFP.
9.2 Interviews and/or demonstrations may be conducted with any Respondent to discuss their qualifications,
resources and ability to provide the service specified.
9.2.1 Upon completion of the evaluation, the selection team may recommend a Respondent for award
of the project or service identified.
9.2.2 An agreement with the recommended respondent may then be negotiated. This process will be
completed with the City Council's authorization to the Mayor for the execution of the agreement
or the execution of the agreement by the City Manager.
9.3 The City reserves the right to negotiate with any and all Respondents.
9.4 The City also reserves the right to reject any or all proposals, or to accept any proposal deemed most
advantageous, or to waive any Irregularities or informalities in the proposal received and to revise the
process as circumstances require.
PART III
SPECIFICATIONS
1. SCOPE OF WORK:
The City of Round Rock, Texas intends to contract with a qualified consultant to assist with the developing a
Hazard Mitigation Plan to promote pre and post disaster mitigation measures, short/long range strategies that
minimize suffering, loss of life and damage to property resulting from hazardous and potentially hazardous
conditions to which citizens and institutions within the City are exposed; and to eliminate or minimize conditions
which would have an undesirable impact on our citizens, the economy, environment and well-being of the City.
2. CRITICAL REQUIREMENTS:
2.1 The City HMAP shall meet or exceed Interim Final Rule of Local Mitigation Planning found in 44 CFR
201.6.
2.2 Natural hazards assessed by this plan shall be coordinated with current FEMA -approved version of State
Hazard Mitigation Pian at a minimum.
2.3 The Project shall be completed including full FEMA approved, no later than February 12, 2012.
2.4 The City HMAP will be submitted to the State no later than eight (8) months prior to the end of the original
performance period, so that the State can submit the plan to FEMA no later than six (6) months prior to the
end of the original performance period.
2.5 A complete and accurate crosswalk will be submitted to the State and FEMA when review is requested.
2.6 A copy of the awarded contract will be forwarded to the State with the first quarterly report following the
award, along with a report from the Excluded Parties List System (www.eals.gov) showing that the
chosen contractor is not currently excluded from doing business with the Federal Government.
2.7 Quarterly Progress Report will to be submitted to the Texas Division of Emergency Management (TDEM),
Texas Department of Public Safety, no later than October 15`", January 15`", and April 15 of each year
until the project is completed.
Page 5 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
3. CONSULTANT SERVICE REQUIREMENTS:
Interested Proposers shall have extensive knowledge and expertise and be able to demonstrate their proven
ability to coordinate, evaluate and develop a FEMA -approved HMAP. Consulting service shall include, but not be
limited to:
3.1 Meeting the critical requirements above.
3.2 Reviewing and analyzing existing natural and manmade hazards in all areas of the City.
3.3 Becoming knowledgeable of existing hazards and how these hazards may impact existing and future
development, property and lives in the City
3.4 Hosting a series of City interactive workshops, to include, but not limited to mitigation strategy and
capability and risk assessment workshops, which shall involve the identification and review of relevant
plans, policies and programs already in place, such as land use plans, flood control programs, natural
resource studies, zoning ordinances, building codes, subdivision regulations, post -disaster public
assistance grants and capital improvement plans.
4. DATA COLLECTION AND ANALYSIS:
The consultant shall collect the necessary data to evaluate the potential for natural and manmade disasters in the
City. Information shall also be obtained on area history, property status, infrastructure, land use and other relevant
subjects in order to comprehensively analyze all aspects of the City. This shall include utilizing all current plans
associated with disaster and emergency response efforts.
5. UPDATES AND REPORTS:
The consultant shall provide the City with updates detailing the progress, data analysis, modeling and plan
development for FEMA reporting. AU soft match contributions shall be tabulated by the consultant and submitted with
the updates and final reports. A draft HMAP shall be submitted and include all required sections by FEMA and input
from the community for the City's review. The consultant shall submit the final HMAP as revised by the City to FEMA,
the City.
6. COST PROPOSAL:
Material and labor cost shall be specific and considered reasonable. "Cost plus" type proposal will not be
accepted.
7. DELIVERABLES:
The Vendor shall provide, but not be limited to, each item listed in the RFP. Additionally, the Vendor shall provide:
7.1 Ten printed and boundcopies of its final Disaster Mitigation Plan,
7.2 Ten electronic copies of the plan on CD in PDF format, and
7.3 A written summary of the process by which the final plan was developed for the City, including meeting
schedules, agendas, notes, rosters of attendees and soft match contributions made by the City to meet the
requirements of the FEMA Disaster Mitigation Planning Grant Award.
8. INVOICING: Vendor shall submit one original and one copy of invoice to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
1. PROMPT PAYMENT POLICY:
Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the day on
which the performance of services was completed or the day, on which the City receives a correct invoice for the
service, whichever is later. The Contractor 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 the City in the event:
Page 6 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
1.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
1.2 The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment
with Federal Funds; or
1.3 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which caused
the payment to be late; or
1.4 The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
contract or other such contractual agreement.
2. OVERCHARGES:
Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which arise
under the antitrust taws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the
State of Texas, Bus. and Com. Code, Section 15.01, et seq.
PART IV
TERMS AND CONDITIONS
1. LABOR:
The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all
personnel for work in accordance with the requirements set forth by the United States Department of Labor.
2. EXCEPTIONS:
Any variation from this specification shall be indicated on the response or on a separate attachment to the
response. The sheet shall be labeled as such.
3. STANDARDIZATION:
The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to
adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically
equivalent to the American National Standards institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the
manufacturer, the City, and the environment. It is the City's position that the total quality management concepts
contained within these standards can result in reduced production costs, higher quality products, and more
efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification
might require ISO certification.
4. ENVIRONMENT:
It is the intent of the City to purchase good and equipment having the least adverse environmental Impact, within
the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic
considerations. Suggested changes and environmental enhancements for possible inclusion In future revisions of
this specification are encouraged.
5. DAMAGE:
The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its
contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable
for the safety; injury and health of Its working personnel while its employees are performing service work.
6. WORKPLACE:
Page 7 of 9
RFP 10.019
Specification Number
10-990-29
Dated: May 2010
The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the
influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor
(s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute
grounds for termination of the service.
T. NON -APPROPRIATION:
The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the
City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the
City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's
budget for the fiscal year In question. The City may effect such termination by giving Vendor a written notice of
termination at the end of its then current fiscal year.
8. SELLING, TRANSFERING OR ASSIGNING RESPONSIBILITIES:
The Vendor shall not sell, transfer or assign the service required by this agreement without the prior written
consent of the City. The agreement and the monies which may become due are not assignable, except with the
prior written approval of the City.
9. INTERLOCAL COOPERATIVE CONTRACTING:
Other governmental entities may be extended the opportunity to purchase off of the City of Round Rock's solicitation,
with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and
agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all
parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent
of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated
or liable for any action or debts that may arise out of such Independently -negotiated "piggyback* procurements.
10. ABANDONMENT OR DEFAULT:
A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services
elsewhere may be charged the difference in service If any and shall not be considered in the re -advertisement of
the service and may not be considered in future solicitations for the same type of work unless the scope of work is
significantly changed.
11. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION:
The City shall have the right to reproduce any and all manuals, documentation, software or other Information
stored on electronic media supplied pursuant to the agreement at no additional cost to the City, regardless of
whether the same be copyrighted or otherwise restricted as proprietary information; provided, however, that such
reproductions shall be subject to the same restrictions on use and disclosure as are set forth in the agreement.
THE AWARDED PROPOSER AGREES TO EXECUTE ANY NON-EXCLUSIVE COPYRIGHT ASSIGNMENTS
OR REPRODUCTION AUTHORIZATIONS THAT MAY BE NECESSARY FOR THE CITY TO UTILIZE THE
RIGHTS GRANTED IN THIS SUBPARAGRAPH.
12. COMPLIANCE WITH LAWS:
The Vendor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the
orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of
the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish
the City with satisfactory proof of its compliance.
13. CODES. PERMITS AND LICENSES:
The Vendor shall comply with all National, State and Local standards, codes and ordinances and the terms and
conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction
pertaining to equipment and materials used and their application. None of the terms or provisions of the
Page 8 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
specification shall be construed as waiving any rules, regulations or requirements of these authorities. The
Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual
obligations (City of Round Rock fees and costs will be waived).
14. INDEMNIFICATION:
The Vendor shall indemnify, save harmless and exempt the City, its officers, agents, servants, and employees
from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney fees and any and all other costs or fees incident to any work done as a result of this quote and arising
out of a willful or negligent act or omission of the successful Respondent, its officers, agents, servants, and
employees; provided, however, that the successful Respondent shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and attorney fees arising out of a willful or negligent
act or omission of the City, it's officers, agents, servants and employees, or third parties.
15. INSURANCE:
The Vendor shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A
to the specifications. Any additional insurance requirements of participating or cooperative parties will be included
as subsequent Attachments and shall require mandatory compliance.
16. GOVERNING LAW:
Any resulting agreement shall be governed by and construed in accordance with the Laws of the State of Texas.
17. LIENS:
The Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the
City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
18. VENUE:
Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in
Williamson County.
19. INDEPENDENT CONTRACTOR:
19.1. It is understood and agreed that the Vendor shall not be considered an employee of the City.
19.2. The Vendor shall not be within protection or coverage of the City's Worker' Compensation insurance,
Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
Page 9of9
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
Personnel Resources
The Hazard Mitigation Plan will be written using the latest in technology and formatting (Microsoft
Word and Access, Adobe Acrobat Professional and InDesign) and will be developed using the most
recent TDEM and FEMA guidance to ensure all requirements and recommendations are met. With a
visual and written approach, the consultant team will bring to bear all our resources for the efficient and
effective development of the Plan. H2O will make available, at a minimum, the following staff for the
City of Round Rock Mitigation Plan:
Name
Title
Phone
E -Mall
Jo Ann Howard
President
888-328-4151 or 512-731-0911
joann@h2opartnersusa.com
Cathy Meek
Project Manager
888-328-4151 or 281-633-6879
cathy@h2opartnersusa.com
Erin Capps
Principal Author
888-328-4151 or 512-769-5483
ecapps@h2opartnersusa.com
Anne Williams
Mitigation Planner
888-328-4151 or 361-815-6041
anne@h2opartnersusa.com
Nan Krankel
Technical Writer
888-328-4151 or 512-750-6015
nan@h2opartnersusa.com
Pam Hawkins
Outreach Specialist
888-328-4151 or 512-750-6014
pam@h2opartnersusa.com
Location
The base of operations is in Austin at 2900 North Quinlan Park Road, Suite 240-135, Austin, Texas 78732.
A Post Office Box is also available for mailing purposes: P.O. Box 160130, Austin, Texas 78716.
Project Understanding & Methodology
The H2O Partners Team will provide experienced professional staff to develop a Hazard Mitigation
Action Plan for the City of Round Rock. All sections will be developed in accordance with the provisions
of the Disaster Mitigation Act of 2000; Interim Final Rules for the Hazard Mitigation Planning and Hazard
Mitigation Grant Program (44 CFR, Part 206); standards found in FEMA's "Local Multi -Hazard Mitigation
Planning Guidance" (released July 1, 2008); and planning standards adopted by the Texas Division of
Emergency Management (TDEM). While separately identified, the steps outlined throughout this
proposal are inexorably linked to one another and may be carried out concurrently.
Establish an Open Process and Conduct Kickoff
Workshop
An open planning process must be established at the beginning
so that the City of Round Rock can develop a comprehensive
range of mitigation actions. Through wise planning, H2O will
ensure that everyone comes together to build a disaster -
resistant Plan.
To begin the planning process, H2O will draft a Concept Paper
outlining the mitigation planning process and a proposal for
how the effort will be conducted. H2O will then form a Local
Planning Team (LPT) under the auspices of the City to
rnnlr.ATIO
10)1 fONNINO PROW'S
1-1 n1 V 111. 1011
nnl "a.mcv
rdvr ;.•.=
RFP 1t10-019 f May25, 2010
Page 9
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
coordinate the effort. The LPT will include relevant city departments and employees in addition to
members from the public stakeholders. Invitations will be sent to key stakeholders, such as:
representatives from businesses in the area, including Dell; Round Rock ISD; Scott & White hospital;
local government officials; and representatives from the Round Rock Higher Education Center.
Less than one month after the contract is executed, H2O will conduct a Kick-off Workshop. The purpose
of this Workshop is to discuss the proposed planning effort and to obtain an initial understanding of the
perception of risk and any concerns or issues regarding hazard mitigation, preparedness and sustainable
development.
Hazard Identification, Analysis and Risk Assessment
The hazard identification, analysis and risk assessment process will be undertaken on two tracks. H2O
will compile and analyze information from a variety of national, state and local sources and integrate
them into an overall hazard identification, analysis and risk assessment. Secondly, consistent with
Federal requirements for hazard mitigation planning in 44 CFR Part 201, vulnerability and impact will be
determined from hazards affecting the project area.
As a starting point, H2O will review and compile information on the occurrence of hazard events in and
around the City. Next an investigation will be conducted by working
with local and county officials. This investigation will include historical
documents, interviews and other existing resources. 1120 and
subcontractor PBS&J will then evaluate the full range of natural and
technological hazards that may affect the project area.
PBS&J will determine the extent to which specific hazards may affect
the project area. Following this determination, hazard profiles will be
developed for each hazard and hazard frequencies and their potential
impact will also be addressed. The development of hazard/damage
profiles is an important step in a comprehensive risk assessment. The
team will utilize skilled personnel to conduct statistical analysis to
relate frequency to intensity. This will allow an analysis of variations of
intensity within each type hazard event as well as determine the
probability (frequency) of future events and annualized losses.
Where applicable, H2O will gather natural hazard maps. These maps will provide a spatial understanding
(location and extent) of hazard intensity that is related to a specific return period. The team will
conduct on-site visits and obtain input provided by the Local Planning Team and integrate that input into
the overall hazard evaluation.
PBS&J will utilize GIS and other information technologies to inventory assets and aggregate data to be
portrayed on both maps and spreadsheets to illustrate the current risk assessment. The risk assessment
will make quantitative estimates of the potential damage, injuries and costs within specific areas and
across the entire planning area. The risk assessment will provide, as part of the vulnerability
assessment, estimates of the probability of various levels of damage to provide decision makers with a
RFP #10-019 May25, 2010 Page 10
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
more complete understanding of the full range of natural hazards that the City faces and potential
casualties, damages and economic losses from different hazard events.
This comprehensive risk methodology will be presented to the City in draft form at a Risk Assessment
Workshop. The workshop will be an opportunity to make any adjustments to the risk report based on
comments from the planning team, and will provide the mechanism for the City to target Limited
resources to those areas that have the highest vulnerability to natural hazards. The City can then
prioritize risk reduction actions in an effort to strengthen existing structures, critical facilities and public
infrastructure based on quantitative understanding of their risk.
Create a Mitigation Strategy and Action Plan
Based on background research, risk and vulnerability assessments and input received, H2O will work
with planning members to focus on specific and prioritized mitigation actions that will reduce the impact
of current hazards to be included in the Plan.
A Mitigation Workshop will be held, following the Risk Assessment Workshop where H2O will work with
the planning team to identify mitigation goals and objectives and specific mitigation strategies that will
reduce the impact of future hazard events based on the risk assessment. The mitigation strategy will
include a discussion of the status of pre -and post -disaster hazard management policies, programs and
capabilities to mitigate the hazards in the areas. Strategies will be consistent with parameters identified
in the capability assessment. Mitigation actions will also be developed for each hazard, and in addition,
mitigation actions that focus on National Flood Insurance Program (NFIP) maintenance and compliance
will be created as required in the 2008 guidance.
Conduct Public Outreach
Public involvement is a critical component of hazard mitigation planning. Public input will be sought
through a variety of mechanisms throughout the planning process. First, public meetings will be
conducted after the Kickoff, Risk Assessment and Mitigation Workshops to gather input from the
general public, area local officials, businesses and school districts to
develop mitigation strategies.
Second, H2O will develop a detailed public hazard survey that can be
completed online to obtain feedback from the local community at
large regarding their opinion and ranking of risks. The public survey
link will be provided to the Round Rock community and all planning
team members for posting on websites or forwarding to colleagues
and community groups.
Develop and Submit Draft Hazard Mitigation Plan
Based on its planning efforts, H2O will develop a draft Hazard Mitigation Plan, which at a minimum, will
comply with all State and Federal requirements and include documentation of the planning process.
The initial draft Hazard Mitigation Plan will be provided to Local Planning Team members. The City will
then have at least four weeks to review the Plan and provide any comments to H20. Based on revisions
RFP #10-019 May25, 2010 Page 11
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
received, H2O will submit the draft Plan to TDEM. As required by TDEM, a FEMA Crosswalk will be
completed and provided along with the draft Plan. After TDEM conducts its initial evaluation of the
draft Plan, H2O will provide any edits or changes necessary back to TDEM within a two-week period.
Once TDEM approves the Plan, it will be submitted by the state to FEMA Region VI in Denton, Texas, for
review and approval of the draft. H2O will again revise the Plan as required by FEMA reviewers.
H2O will provide support, as requested, for the adoption of the City of Round Rock Hazard Mitigation
Plan once the Plan is approved by FEMA. H2O will also assist In identifying funding sources for hazard
mitigation programs and projects to implement the Plan by providing a catalog of potential sources of
hazard mitigation funding and technical assistance, Including more than 90 federal and state grant
programs.
Plan Maintenance Procedures
H2O will work with the Local Planning Team to develop the method and schedule for monitoring,
evaluating and updating the Plan. These procedures will also include a description of the method and
schedule to be used over the next five years to monitor, evaluate and update the Plan.
The procedures will also include a description of how the Local Planning Team will be kept involved
during the plan maintenance process over the next five years and a description of how the City will
involve the public during the plan maintenance process over the next five years. The Plan Review section
will include a description of the process and procedures by which the City will incorporate the
requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital
improvement plans, when appropriate.
RFP #10-019 I May25, 2010
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
FEE AND WORK SCHEDULES
Schedules
Work Schedule
The following presents an overview of the monthly schedule of work for thOlayelopdent of.hazard
mitigation plan for the City of Round Rock. H20 proposes an expeditedschedqle itftir,dpr te*Ibmit the
draft plan to the Texas Division of Emergency Management (TDEM) iand tiwFedel'al. Emergency
Management Agency (FEMA) as early as possible.
While both TDEM and FEMA work to ensure that plan fevieii,:last no toner than 45 days, sometimes
unforeseen circumstances, such as a disaster in the SUate';:pra backlog of plans, can extend reviews.
Therefore, it is imperative that the draft plan is submitted to TiSEM;ATarly as possible to prevent from
developing an extension request for the City's grant. presumed 'Ili& if selected, a contract will be
signed in June, 2010 and work can begig,:om,os b040 July 1, 2010; however this schedule has been
developed with flexibility in mind if work does not toraence until August of 2010.
Timeline (after
Contract Award')
.'
.-.' -. if :: ,; :
" '
, '• -, . ,
..McntIOSchedi.de
Service/OXliverable'Y
, .,,si:7... ..:,k.
.. ,... .._ ,
tigiO aj406.
'' ' .
:PI,Pril
,P ,-ngI-'!...0
...or...w000pi
.1:60st; OPIllog . .
iii<ig.i0ff Workshop .:•::'-';
of Work
ii,,, ,.._,.,,,p- Unique Problems/Solutions
..,*,.-.. ':•:.•
„..,:;.1-------.7?.m-r,--,t-r.,--T,N!.;,3m,.!..f: ,.......
r,o......90000gw9k91!,p,Igoolo, 6P.,....,. bte. .„ v/..?;..(..,),..i! e
at this •k00 40.010- 'detailed ,..,,,-000.:. hst to
:.:::...ew.f;,..,.:,.,...,:-....,.,„. ,..,...,,,;:„.1„...,..:„...
turO:thAtOlv 66htni6,... 6rP:1999.1Yt notices
•,',.'s:,:',...
July f%,Augoial
2010f !::
..5..:i..
-4.)::•,..
Condlict Capability
Assesiiiients and
:Documentation
• --,...:.:::.,
Development
::;.::
Requests for information to local, state and federal
agencies must be prepared in a clear and concise manner
so that all requested items are received quickly and
correctly. Additional phone correspondence may be
necessary to explain the capability survey.
*bib' •
..:'Oqt�er 2010.
.. .
01iiiiiii‘:.illtwEihd'
.--9,11100.1.011*;,;:::::.
v"84.46iii.-X..
i • .: : '
fi. W4(e 0-f'Opperml
development ptlie Riskn .. ..,Vulnerabilutysessments.
—H20 and .08-0:44,.have..:0 0 ,tiA 6 clearIiies',.of
.,,.:.,.
t s ,00•$lbOity:Ah,o,opprop..,. ,.. , ,after„.working on plans, for
over .seven years We will ensure,the,report,...takQs0
''.04.6...titit:tiio:6rir,00,:4itA 004041§:.00ttt*I,......gtia
iThis schedule presumes a contract will be signed in June and work will commence on or before July 1, 2010.
RFP #10-019 j May25, 2010
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
FEE AND WORK SCHEDULES
Timeline (after
Contract Award) _
November 2010
Monthly Schedule of Work
Service/Dellverable
Unique Problems/Solutions
._-_._..... ..,.n.. ....r " ___-..
Prepare/Conduct
Risk Workshop
Preliminary results of the Risk Assessment will be
presented at this workshop. It's important that all strategic
partners attend so that: 1) they have a clear understanding
of the report; and 2) any edits or revisions can be discussed
or corrected.
December 2010,
-,January 2011:
Prepare(Canduct
Mitigation Workshop
Tt a goal for the Mitigation Workshop its to develop as many
unique mitigation actions as possible : H20prepares, in
advance, sample: actions funding guides and guidance
dooutints to ensure that the mawmum amount of sctions
(i.-. developed at ihls work session
February 2011
Submit Draft Plan to
Round Rock planning
team and strategic
partners
Throughout the planning•process, H2O#11 develop, write
and edit the Plan. :It:vtiill be provided at Month 8 so that
team members have enough time t6Att,priiiighly review the
Plan before it is submitted to TDEM or FEMA.
Marchi - April
„:,,,,,,„
X011
Edit Plan end Submit
to DI=M
n
Corfespondence and outreach will be integral at this '1'4-
to ensure that planning team member has reviewed Ute
and t 1itrgation Pian '... ....
May 2011
Edit Plan as
necessary __
ShouldTD.M have revisions or edits, it is our goal to make
sibll,S within a two to four-week period
•:
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 9D2.
Consider a resolution authorizing the Mayor to execute a Consulting Services Agreement with
H2O Partners, Inc. for the development of a Hazard Mitigation Action Plan.
Agenda Caption:
Meeting Date: August 12, 2010
Department: Administration
Staff Person making presentation: Brad Bradford
Emergency Management Coordinator
Item Summary:
ACCEPTANCE OF A GRANT TO DEVELOP A FEMA -APPROVED HAZARD MITIGATION ACTION PLAN (HMAP). THIS ISA FEMA GRANT TO
THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM); THE CITY OF ROUND ROCK, AS SUB -RECIPIENT, WILL SUBMIT ITS PLAN TO
TDEM FOR REVIEW AND APPROVAL, PRIOR TO TDEM SUBMITTING IT TO FEMA FOR REVIEW AND APPROVAL. THE CONSULTANT WILL
ASSIST WITH RESEARCH AND DATA COLLECTION, INCLUDING DEVELOPMENT OF A CAPABILITY AND VULNERABILITY ASSESSMENT, HAZARD
IDENTIFICATION AND ANALYSIS; ASSIST IN EXAMINING PREVIOUS MITIGATION ACTIONS; DEVELOPMENT OF UPDATED MITIGATION ACTIONS;
PRIORITIZE MITIGATION ACTIONS UNIQUE TO THE CITY; AND OUTREACH TO OUR CITIZENS.
THE RESULTING PLAN WILL BE APPROVED BY FEMA IN ACCORDANCE WITH THE PROVISIONS OF THE DISASTER MITIGATION ACT OF 2000
(PUBLIC LAW 106-390), THE HAZARD MITIGATION GRANT PROGRAM, 44 CODE OF FEDERAL REGULATIONS PART 206, AND THE
PLANNING STANDARDS ADOPTED BY TDEM.
Strategic Plan Relevance:
Goal # 30.0 Residents, Visitors, and Businesses continue to experience a high and timely level of public safety and
security.
Cost: In-kind match of $32,500 (staff time in -lieu of cash match)
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approve the contract for professional services with H2O Partners, Inc.
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES
FOR DEVELOPMENT OF HAZARD MITIGATION ACTION PLAN
WITH H2O PARTNERS, INC.
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT for professional consulting services relating to development of a
FEMA -approved Hazard Mitigation Action Plan (HMAP) to fulfill federal, state and local hazard
mitigation planning requirements, and for related goods and services (the "Agreement") is made
by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality with offices
located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City") and H2O
PARTNERS, INC., with offices located at 2900 North Quinlan Park Road, Suite 240-135,
Austin, Texas 78732, and with a mailing address of Post Office Box 160130, Austin, Texas
78716 (the "Consultant" or "1-120").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such professional services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by each party hereto, and
shall remain in full force and effect unless and until it expires by operation of the term stated
herein, or until terminated or extended as provided herein.
The initial term of this Agreement shall be until full and satisfactory completion of the
work specified herein is achieved, but in no event later than twenty-four (24) months from the
effective date of this Agreement. After that initial term, this Agreement may be renewed for one
(1) term of twelve (12) months, with such renewal to occur on or before the expiration date of
the preceding term, and with such renewal being absolutely predicated upon the express written
197285/jkg
agreement of both parties. Such renewal is permitted only provided Consultant has performed
each and every contractual obligation specified in this original Agreement.
City reserves the right to review the Agreement at any time, and may elect to terminate
this Agreement with or without cause or may elect to continue.
2.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant for actual work performed at the rate of $150.00 per hour, with the
total sum paid not to exceed Eighty-three Thousand Five Hundred Fifty and No/100 Dollars
($83,550.00), in payment for services and the Scope of Services deliverables as delineated herein
and in attached exhibits. Allowable reimbursable expenses shall not exceed One Thousand
Eight Hundred and No/100 Dollars ($1,800.00), thereby bringing the total not -to -exceed sum
of this Agreement to EIGHTY-FIVE THOUSAND THREE HUNDRED FIFTY AND
NO/100 DOLLARS ($85,350.00).
3.01 SCOPE OF SERVICES
For purposes of this Agreement, Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is recited in Exhibit "A" attached
hereto and incorporated herein by reference for all purposes. This Agreement shall evidence the
entire understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions. Consultant shall satisfactorily provide all services and
deliverables described under the referenced Scope of Services within the contract term specified
herein. Consultant's undertakings shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
shall perform its services in accordance with this Agreement and in accordance with the
referenced Scope of Services. Consultant shall perform its services in a professional and
workmanlike manner.
Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A" and herein. However, either party may make written requests for changes to the
Scope of Services. To be effective, a change to the Scope of Services must be negotiated and
agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as
described herein.
4.01 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant the following "Payment for Services:"
Fees for the listed deliverables in the total amount of $83,550.00 shall be paid by City in
the following manner:
In accordance with "Fee Schedule" contained in Exhibit "A" attached hereto.
2
The approximate loading of Consultant's professional time and costs by segment is as is
delineated in exhibits attached hereto and incorporated herein by reference for all purposes.
Payment for Reimbursable Expenses: Payment for allowable reimbursable expenses,
in the not -to -exceed amount of $1,800.00, is authorized under this Agreement.
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement, Consultant's total compensation for consulting services hereunder
shall not exceed $83,550.00. This amount represents the absolute limit of City's liability to
Consultant hereunder unless same shall be changed by Supplemental Agreement, and City shall
pay, strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work
done on behalf of City.
Deductions: No deductions shall be made for Consultant's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions: No additions shall be made to Consultant's compensation based upon project
claims, whether paid by City or denied.
5.01 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if City determines that there has
been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant
relating to additional work not directly authorized by Supplemental Agreement.
6.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment following delivery of all deliverables, Consultant shall
prepare and submit detailed progress invoices to City, in accordance with the delineation
contained herein, for services rendered. Such invoices for professional services shall track the
referenced Scope of Services, and shall detail the services performed, along with documentation
for each service performed. Payment to Consultant shall be made on the basis of the invoices
submitted by Consultant and approved by City. Such invoices shall conform to the schedule of
services and costs in connection therewith.
Should additional backup material be requested by City relative to service deliverables,
Consultant shall comply promptly. In this regard, should City determine it necessary,
Consultant shall make all records and books relating to this Agreement available to City for
inspection and auditing purposes.
3
Payment of Invoices: City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described herein. Under no circumstances shall Consultant be entitled to receive interest on
payments which are late because of a good faith dispute between Consultant and City or because
of amounts which City has a right to withhold under this Agreement or state law. City shall be
responsible for any sales, gross receipts or similar taxes applicable to the services, but not for
taxes based upon Consultant's net income.
7.01 REQUIRED DRAFT REPORTS AND FINAL REPORT
Consultant agrees to provide City with draft reports and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
At a minimum, Consultant shall provide ten (10) printed and bound copies of the final Disaster
Mitigation Plan; and ten (10) electronic copies of the plan on CD in PDF format.
Consultant agrees to provide City with additional bound copies of the final written report,
if and as requested, with the right to make additional copies being at the sole election of City.
All copies of the written final report will be to specifications as delineated by City.
8.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
9.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Consultant a written notice of termination at the end of its then -current fiscal year.
10.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
4
A. There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
11.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant, with
the understanding that immediately upon receipt of said notice all work being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and
shall be compensated in accordance with the terms hereof for work accomplished prior to the
receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated
profits for work terminated under this Agreement. Unless otherwise specified in this Agreement,
all data, information, and work product related to this project shall become the property of City
upon termination of this Agreement, and shall be promptly delivered to City in a reasonably
organized form without restriction on future use, subject to the conditions set forth herein.
Should City subsequently contract with a new consultant for continuation of service on the
project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of City
and the terminated party to fulfill contractual obligations. Termination under this section shall
not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
If default results in termination of this Agreement, then City shall give consideration to
the actual costs incurred by Consultant in performing the work to the date of default. The cost of
the work that is useable to City, the cost to City of employing another firm to complete the
5
useable work, and other factors will affect the value to City of the work performed at the time of
default. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating party and the terminated party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
12.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not City's employee. Consultant's
employees or subcontractors are not City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perforin services required
hereunder, and City shall not hire, supervise, or pay assistants to help Consultant.
Neither Consultant nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(3)
(5)
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
(7)
13.01 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
6
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
14.01 CITY'S RESPONSIBILITIES
Full information: City shall provide full information regarding project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required to enable Consultant to provide the services called for.
City shall require its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directives provided by City or its
designated representative concerning provision of services as accurate and complete.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. Consultant agrees, in a timely
manner, to provide City with a comprehensive and detailed information request list, if any.
15.01 CONFIDENTIALITY; AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
7
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
16.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work not in compliance
with this representation. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES
EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of City or of this
Agreement, then and in that event City shall give written notification to Consultant; thereafter,
8
(a) Consultant shall either promptly re -perform such services to City's satisfaction at no
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder.
18.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
19.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not clo the following;
(1)
Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
20.01 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the
term of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
9
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
(1)
Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or any material change in coverage, a notice shall be given to City to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant shall also notify City, within ten (10) days of receipt, of any notices of
expiration, cancellation, non -renewal, or material change in coverage it receives
from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Consultant.
(3)
Terms "City" or "Round Rock" shall include all authorities, boards, commissions,
departments and officers of City and individual members, employees and
designated agents in their official capacities or while acting on behalf of the City.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self -Insured Retentions
of whatever nature.
(5) Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with City.
21.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant, its consultants, agents, employees and subcontractors shall use best efforts to
comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to City at the expiration of the term of this Agreement.
22.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
10
23.01 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative(s) authorized to act in its behalf
with regard to this Agreement:
James Nuse, P.E.
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Consultant hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Erin Capps, Project Manager
H2O Partners, Inc.
Post Office Box 160130
Austin, Texas 78716
Telephone: (512) 769-5483
E -Mail: ecapps@h2oparntersusa.com
h2oparntersusa.com
24.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
H2O Partners, Inc.
Post Office Box 160130
Austin, Texas 78716
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
11
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
25.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, 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 Texas.
26.01 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
27.01 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator,
City shall select one mediator and Consultant shall select one mediator and those two mediators
shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with
the mediation shall be shared equally by the parties.
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
28.01 FORCE MAJEURE
Notwithstanding any other provisions hereof to the contrary, no failure, delay or default
in performance of any obligation hereunder shall constitute an event of default or breach of this
Agreement, only to the extent that such failure to perform, delay or default arises out of causes
beyond control and without the fault or negligence of the party otherwise chargeable with failure,
delay or default; including but not limited to acts of God, acts of public enemy, civil war,
insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other
casualties, strikes or other labor troubles, which in any way restrict the performance under this
Agreement by the parties.
Consultant shall not be deemed to be in default of its obligations to City if its failure to
perform or its substantial delay in performance is due to City's failure to timely provide
12
requested information, data, documentation, or other material necessary for Consultant to
perform its obligations hereunder.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement he determined void.
30.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to City and according to generally accepted business
practices.
31.01 GRATUITIES AND BRIBES
City may, by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the 'Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perforin hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
33.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
Consultant, its agents, employees and subcontractors shall use best efforts to comply with
all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as
amended, and with all applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies.
13
34.01 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Agreement.
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the party against whom such waiver or
discharge is sought to be enforced.
This Agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this document; and all of which, when taken together, shall constitute
one and the same instrument. City agrees to provide Consultant with one fully executed original.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the
dates indicated.
City of Round Rock, Texas H2O Partners, Inc.
By:
011
Printed Name: 1.1,01.1 t4A/f w
Title: MA
Date Signed: -letuciAl2-1 2.01,0
For City, Attest:
By:
Sara L. White, City Secretary
For City pproved as to Form:
By:
Stephan
L. heels, City Attorney
14
ed Name:
Title:
Date Signed: o pq — p jp
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
City of Round Rock
REQUEST FOR PROPOSALS
CONSULTANT SERVICE TO DEVELOP THE CITY'S HAZARD MITIGATION ACTION PLAN
PART I
GENERAL
1. PURPOSE:
The City of Round Rock, Texas seeks proposals from qualified consultants to provide assistance for development
and completion of a FEMA -approved Hazard Mitigation Action Plan (HMAP) to fulfill federal, stale and local
hazard mitigations planning responsibilities.
2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and proposal
document:
2.1 Agreement—A mutually binding legal document obligating the Vendor to furnish the goods, equipment or
services and obligating the City to pay for it.
2.2 Citv — Identifies the City of Round Rock, Travis and Williamson County, Texas.
2.3 Deliverables - The goods, products, materials, and/or services to be provided to the City by Respondent if
awarded the agreement.
2.4 Goods - Represent materials, supplies, commodities and equipment.
2.5 Improvement — Describes any work or modification to City property that adds to the overall value of the
property.
2.6 Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the
Respondent to perform the resulting contract.
2.7 Proposer/Respondent - Identifies persons and entities that submit a proposal.
2.8 Purchase Order - Is an order placed by the Purchasing Office for the purchase of Goods or Services
written on the City's standard Purchase Order form and which, when accepted by the Respondent,
becomes a contract. The Purchase Order is the Respondent's authority to deliver and invoice the City for
Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed
upon price.
2.9 Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and
their ability to comply with promised delivery dates, specification and technical assistance specified.
2.10 Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if
such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor's
obligations arising from a contract with the City.
2.11 Vendor (Sometimes referred to as Contractor) - A person or business enterprise providing goods,
equipment, labor and/or services to the City as fulfillment of obligations arising from an agreement or
purchase order.
EXHIBIT
nAn
Page 1 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
3. CONFLICT OF INTEREST:
Effective March 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) requires that any
vendor or person considering doing business with a local government entity disclose the vendor or person's
affiliation or business relationship that might cause a conflict of interest with a local government entity. The
Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us.
Completed Conflict of Interest Questionnaires may be mailed or delivered by hand to the City Secretary. If
mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in
the disqualification of the Respondent's proposal.
4. CITY CONTACT:
All questions, clarifications or requests for general information are to be directed to:
Carolyn Brooks
Purchaser
221 E Main St
Round Rock, TX 78664
Fax (512) 218-7028
Telephone (512)-218-5457
cmbtround-rock.tx.us
The individual above may be contacted for clarification of the specifications of this Request for Proposals only. No
authority is intended or implied that specifications may be amended or alternates accepted prior to closing date
without written approval of the City. Under no circumstances will private meetings be scheduled between
Respondents and city staff.
5. EX PARTE COMMUNICATION:
Please note that to insure the proper and fair evaluation of a proposal, the City prohibits ex parte communication
(i.e., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or considering the
proposals prior to the time a formal decision has been made. Questions and other communication from
Respondents will be permissible until 5:00 p.m. on the day specified as the deadline for questions. Any
communication between Respondent and the City after the deadline for questions will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and
accurate evaluation of the proposal. Ex parte communication may be grounds for disqualifying the offending
Respondent from consideration of award of the solicitation then in evaluation, or any future solicitations.
PART II
INSTRUCTIONS
1. PROPOSAL SCHEDULE:
It is the City's intention to comply with the following proposal timeline:
1.1 Request for Proposals released
1.2 Deadline for questions
1.3 City responses to all questions/addendums
1.4 Responses for RFP due by 3:00 p.m.
Page 2 of 9
May 8,2010
May 17,2010
May 18, 2010
May 25, 2010
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
All questions regarding the RFP shall be submitted in writing by 5:00 p.m. on May 17, 2010. A copy of all
the questions submitted and the City's response to the questions should be posted on our webpage,
htto://www.roundrocktexas.00v/home/index.asp?Daae=463. Questions shall be submitted to the City contact
named above.
NOTE: These dates represent a tentative schedule of events. The City reserves the right to modify these dates at
any time, with appropriate notice to prospective Respondents through notification on our webpage and email.
2. PROPOSAL DUE DATE:
2.1 Signed and sealed proposals are due no later than 3:00 p.m., May 25, 2010, to the Purchasing
Department. Mail or carry sealed proposals to:
City of Round Rock, Texas,
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.2 Proposals received after this time and date will not be considered.
2.3 Sealed proposals should be clearly marked on the outside of packaging with the RFP title, number, due
date and "DO NOT OPEN".
2.4 Facsimile or electronically transmitted proposals are not acceptable.
2.5 Late Proposals properly identified will be returned to Respondent unopened if return address Is provided.
3. PROPOSAL SUBMISSION REQUIREMENTS:
To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be
organized in the manner specified below. Proposals shall not exceed twelve (12) pages in length (excluding
resumes, title pages(s) and index/table of contents, attachments or dividers). Information in excess of those
pages allowed will not be evaluated. One page shall be interpreted as on side of a single-spaced, typed, 8 %" X
11" sheet of paper.
3.1 Title Page (1 page) Show the RFP title and number, the name of your firm, address, telephone number(s)
name of contact person and date.
3.2 Letter of Transmittal (1 page)
3.2.1 Identify the RFP project for which proposal has been prepared.
3.2.2 Briefly state your firms understanding for the services to be performed and make a positive
commitment to provide the services as specified.
3.2.3 Provide the name(s) of the person(s) authorized to make representations for your firm, their titles,
address and telephone numbers
3.2.4 The letter of each proposal shall be signed in permanent ink by a corporate officer or other
individual who has the authority to bind the firm. The name and title of the individuals(s) signing
the proposal must be clearly shown immediately below the signature.
3.3 Table of Contents (1 page) — Clearly identify the materials by Section and Page Number.
3.4 Proposal Narrative (limited to 10 total pages)
3.4.1 Previous Performance/Experience
3.4.1.1 Provide detailed information on experience with previous Disaster Mitigation Plans and
Plan updates including knowledge of Current FEMA plan requirements.
3.4.1.2 Provide a representative list of projects of a scale and complexity similar to the project
being considered by the City. The list should include the project location, client, services
provided by your firm for the protect, term of services and an owner contact name.
3.4.1.3 Provide at least three references for which your firm has provided the same or similar
services. Include a point of contact, current telephone number and a brief description of
the services provided. Any negative responses received may result in disqualification
Page 3 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
from consideration for award. Failure to include references with submittal may result
in disqualification from consideration for award.
3.4.2 Key Proiect Staff and Sub -consultants
3.4.2.1 Identify key project staff, task leaders and sub -consultants along with their expected
services for the scope of work on behalf of the firm. Resumes should be included for
each of the individuals and sub -consultants referenced which demonstrate their
qualifications to satisfy all the critical and service requirement areas. The City reserves
the right to approve or disapprove all sub -consultants prior to any work being performed.
3.4.3 Available Resources and Consultant Location
3.4.3.1 Business History: Provide information on size, resources and business history of the firm
3.4.3.2 Provide information on personnel resources available to your firm, which indicates that
you have access to the services necessary to perform the work in the time available and
within the required standard.
3.4.3.3 Describe the firm's location where the primary services are to be provided and the ability
to meet in person with City personnel when required during the performance of the
Contract.
3.4.4 Project Understanding and Methodoloav
3.4.4.1 Consultant shall demonstrate a thorough knowledge and understanding of natural and
manmade hazards, the State of Texas HMAP and FEMA's requirements for Disaster
Mitigation Plans.
3.5 Submit one (1) original and eight (8) copies of materials that demonstrate their experience in performing
services of this scale and complexity. It is recommended that proposals not be submitted in ringed binders
or metal spirals to conserve cost for both the Respondent and the City.
4. DISCLOSURE OF LITIGATION:
Each Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or
investigation pending which involves the Respondent or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT:
5.1 All proposals submitted in response to this RFP shall be held confidential until a contract is awarded.
Following the contract award, proposals are subject to release as public information unless the proposal
or specific parts of the proposal can be shown to be exempt from the Texas Public Information Act.
Respondents are advised to consult with their legal counsel regarding disclosure issues and take the
appropriate precautions to safeguard trade secrets or any other proprietary information. The City
assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents.
5.2 If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent
shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part
of the proposal, which the Respondent believes to be confidential. Vague and general claims as to
confidentiality shall not be accepted. All proposals and parts of proposals that are not marked as
confidential will be automatically considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS:
The City reserves the right to request clarification or additional information specific to any proposal after all
proposals have been received and the RFP close date has passed.
7. PROPOSAL PREPARATION COSTS:
All costs directly or indirectly related to preparation of a response to this solicitation or any oral presentation
required to supplement and/or clarify a Proposal which may be required by the City shall be the sole responsibility
of the Respondent.
Page 4 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
8. EVALUATION CRITERIA:
All proposals received shall be evaluated based on the best value for the City. In determining best value, the City
may consider:
8.1 Cost;
8.2 Previous Experience and Past Performance;
8.3 Key Project Staff and Sub -consultants;
8.4 Available Resources and Consultant Location
8.5 Project Understanding and Methodology
8.6 Any relevant criteria specifically listed in the solicitation.
9. EVALUATION PROCESS:
9.1 A team comprised of City Staff and others as appropriate will review the responses to the RFP.
9.2 Interviews and/or demonstrations may be conducted with any Respondent to discuss their qualifications,
resources and ability to provide the service specified.
9.2.1 Upon completion of the evaluation, the selection team may recommend a Respondent for award
of the project or service identified.
9.2.2 An agreement with the recommended respondent may then be negotiated. This process will be
completed with the City Council's authorization to the Mayor for the execution of the agreement
or the execution of the agreement by the City Manager.
9.3 The City reserves the right to negotiate with any and all Respondents.
9.4 The City also reserves the right to reject any or all proposals, or to accept any proposal deemed most
advantageous, or to waive any irregularities or informalities in the proposal received and to revise the
process as circumstances require.
PART III
SPECIFICATIONS
1. SCOPE OF WORK:
The City of Round Rock, Texas intends to contract with a qualified consultant to assist with the developing a
Hazard Mitigation Plan to promote pre and post disaster mitigation measures, short/long range strategies that
minimize suffering, loss of life and damage to property resulting from hazardous and potentially hazardous
conditions to which citizens and institutions within the City are exposed; and to eliminate or minimize conditions
which would have an undesirable impact on our citizens, the economy, environment and well-being of the City.
2. CRITICAL REQUIREMENTS:
2.1 The City HMAP shall meet or exceed Interim Final Rule of Local Mitigation Planning found in 44 CFR
201.6.
2.2 Natural hazards assessed by this plan shall be coordinated with current FEMA -approved version of State
Hazard Mitigation Plan at a minimum.
2.3 The Project shall be completed including full FEMA approved, no later than February 12, 2012.
2.4 The City HMAP will be submitted to the Stale no later than eight (8) months prior to the end of the original
performance period, so that the State can submit the plan to FEMA no later than six (6) months prior to the
end of the original performance period.
2.5 A complete and accurate crosswalk will be submitted to the State and FEMA when review is requested.
2.6 A copy of the awarded contract will be forwarded to the State with the first quarterly report following the
award, along with a report from the Excluded Parties List System (www.eols.gov) showing that the
chosen contractor is not currently excluded from doing business with the Federal Government.
2.7 Quarterly Progress Report will to be submitted to the Texas Division of Emergency Management (TDEM),
Texas Department of Public Safety, no later than October 15`", January 15th, and April 15th of each year
until the project is completed.
Page 5 of 9
RFP 10-019
Specification Number
10-990.29
Dated: May 2010
3. CONSULTANT SERVICE REQUIREMENTS:
Interested Proposers shall have extensive knowledge and expertise and be able to demonstrate their proven
ability to coordinate, evaluate and develop a FEMA -approved HMAP. Consulting service shall include, but not be
limited to:
3.1 Meeting the critical requirements above.
3.2 Reviewing and analyzing existing natural and manmade hazards in all areas of the City.
3.3 Becoming knowledgeable of existing hazards and how these hazards may impact existing and future
development, property and lives in the City
3.4 Hosting a series of City interactive workshops, to include, but not limited to mitigation strategy and
capability and risk assessment workshops, which shall involve the identification and review of relevant
plans, policies and programs already in place, such as land use plans, flood control programs, natural
resource studies, zoning ordinances, building codes, subdivision regulations, post -disaster public
assistance grants and capital improvement plans.
4. DATA COLLECTION AND ANALYSIS:
The consultant shall collect the necessary data to evaluate the potential for natural and manmade disasters in the
City. Information shall also be obtained on area history, property status, infrastructure, land use and other relevant
subjects in order to comprehensively analyze all aspects of the City. This shall include utilizing all current plans
associated with disaster and emergency response efforts.
5. UPDATES AND REPORTS:
The consultant shall provide the City with updates detailing the progress, data analysis, modeling and plan
development for FEMA reporting. All soft match contributions shall be tabulated by the consultant and submitted with
the updates and final reports. A draft HMAP shall be submitted and include all required sections by FEMA and input
from the community for the City's review. The consultant shall submit the final HMAP as revised by the City to FEMA,
the City.
6. COST PROPOSAL:
Material and labor cost shall be specific and considered reasonable. "Cost plus" type proposal will not be
accepted.
7. DELIVERABLES:
The Vendor shall provide, but not be limited to, each item listed in the RFP. Additionally, the Vendor shall provide:
7.1 Ten printed and boundcopies of its final Disaster Mitigation Plan,
7.2 Ten electronic copies of the plan on CD in PDF format, and
7.3 A written summary of the process by which the final plan was developed for the City, including meeting
schedules, agendas, notes, rosters of attendees and soft match contributions made by the City to meet the
requirements of the FEMA Disaster Mitigation Planning Grant Award.
8. INVOICING: Vendor shall submit one original and one copy of invoice to the following address:
City of Round Rock
Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
1. PROMPT PAYMENT POLICY:
Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the day on
which the performance of services was completed or the day, on which the City receives a correct invoice for the
service, whichever is later. The Contractor 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 the City in the event:
Page 6 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
1.1 There is a bona fide dispute between the City and Contractor concerning the supplies, materials, services
or equipment delivered or the services performed that causes the payment to be late; or
1.2 The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment
with Federal Funds; or
1.3 There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and
its suppliers concerning supplies, material, or equipment delivered or the services performed which caused
the payment to be late; or
1.4 The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or
contract or other such contractual agreement.
2. OVERCHARGES:
Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which arise
under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the
State of Texas, Bus. and Com. Code, Section 15.01, et seq.
PART IV
TERMS AND CONDITIONS
1. LABOR:
The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all
personnel for work in accordance with the requirements set forth by the United States Department of Labor.
2. EXCEPTIONS:
Any variation from this specification shall be indicated on the response or on a separate attachment to the
response. The sheet shall be labeled as such.
3. STANDARDIZATION:
The Clty of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to
adopt the International Organization for Standardization (ISO) 9001-9003, latest revision standards, technically
equivalent to the American National Standards Institute/American Society for Quality Control (ANSI/ASQC Q91-93
1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the
manufacturer, the Clty, and the environment. It is the City's position that the total quality management concepts
contained within these standards can result in reduced production costs, higher quality products, and more
efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification
might require ISO certification.
4. ENVIRONMENT:
It is the intent of the City to purchase good and equipment having the least adverse environmental impact, within
the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic
considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of
this specification are encouraged.
5. DAMAGE:
The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and Its
contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable
for the safety; injury and health of its working personnel while its employees are performing service work.
6. WORKPLACE:
Page 7 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the
influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s) or subcontractor
(s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute
grounds for termination of the service.
7. NON -APPROPRIATION:
The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the
City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the
City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's
budget for the fiscal year In question. The City may effect such termination by giving Vendor a written notice of
termination at the end of Its then current fiscal year.
8. SELLING. TRANSFERING OR ASSIGNING RESPONSIBILITIES:
The Vendor shall not sell, transfer or assign the service required by this agreement without the prior written
consent of the City. The agreement and the monies which may become due are not assignable, except with the
prior written approval of the City.
9. INTERLOCAL COOPERATIVE CONTRACTING:
Other governmental entities may be extended the opportunity to purchase off of the City of Round Rock's solicitation,
with the consent and agreement of the successful vendor(s) and the City of Round Rock. Such consent and
agreement shall be conclusively inferred from lack of exception to this clause in vendor's response. However, all
parties indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not an agent
of, partner to, or representative of those outside agencies or entities and that the City of Round Rock is not obligated
or liable for any action or debts that may arise out of such Independently -negotiated "piggyback° procurements.
10. ABANDONMENT OR DEFAULT:
A Vendor who abandons or defaults the work on the contract and causes the City to purchase the services
elsewhere may be charged the difference in service if any and shall not be considered in the re -advertisement of
the service and may not be considered In future solicitations for the same type of work unless the scope of work is
significantly changed.
11. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION:
The City shall have the right to reproduce any and all manuals, documentation, software or other information
stored on electronic media supplied pursuant to the agreement at no additional cost to the City, regardless of
whether the same be copyrighted or otherwise restricted as proprietary information; provided, however, that such
reproductions shall be subject to the same restrictions on use and disclosure as are set forth in the agreement.
THE AWARDED PROPOSER AGREES TO EXECUTE ANY NON-EXCLUSIVE COPYRIGHT ASSIGNMENTS
OR REPRODUCTION AUTHORIZATIONS THAT MAY BE NECESSARY FOR THE CITY TO UTILIZE THE
RIGHTS GRANTED IN THIS SUBPARAGRAPH.
12. COMPLIANCE WITH LAWS:
The Vendor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the
orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of
the resulting agreement, including without limitation, workers' compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish
the City with satisfactory proof of its compliance.
13. CODES. PERMITS AND LICENSES:
The Vendor shall comply with all National, State and Local standards, codes and ordinances and the terms and
conditions of the services of the City of Round Rock, Texas, as well as other authorities that have jurisdiction
pertaining to equipment and materials used and their application. None of the terms or provisions of the
Page 8 of 9
RFP 10-019
Specification Number
10-990-29
Dated: May 2010
specification shall be construed as waiving any rules, regulations or requirements of these authorities. The
Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual
obligations (City of Round Rock fees and costs will be waived).
14. INDEMNIFICATION:
The Vendor shall indemnify, save harmless and exempt the City, its officers, agents, servants, and employees
from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
attorney fees and any and all other costs or fees incident to any work done as a result of this quote and arising
out of a willful or negligent act or omission of the successful Respondent, its officers, agents, servants, and
employees; provided, however, that the successful Respondent shall not be liable for any sults, actions, legal
proceedings, claims, demands, damages, costs, expenses and attorney fees arising out of a willful or negligent
act or omission of the City, it's officers, agents, servants and employees, or third parties.
15. INSURANCE:
The Vendor shall meet or exceed ALL insurance requirements set forth by the City as identified in Attachment A
to the specifications. Any additional insurance requirements of participating or cooperative parties will be included
as subsequent Attachments and shall require mandatory compliance.
16. GOVERNING LAW:
Any resulting agreement shall be governed by and construed in accordance with the Laws of the State of Texas.
17. LIENS:
The Vendor agrees to and shall indemnify and save harmless the City against any and all liens and
encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the
City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of
freedom from liens shall be delivered to the City.
18. VENUE:
Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in
Williamson County.
19. INDEPENDENT CONTRACTOR:
19.1. It is understood and agreed that the Vendor shall not be considered an employee of the City.
19.2. The Vendor shall not be within protection or coverage of the City's Worker' Compensation insurance,
Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in
force and effect.
Page 9of9
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
Personnel Resources
The Hazard Mitigation Plan will be written using the latest in technology and formatting (Microsoft
Word and Access, Adobe Acrobat Professional and InDesign) and will be developed using the most
recent TDEM and FEMA guidance to ensure all requirements and recommendations are met. With a
visual and written approach, the consultant team will bring to bear all our resources for the efficient and
effective development of the Plan. H2O will make available, at a minimum, the following staff for the
City of Round Rock Mitigation Plan:
Name
Title
Phone
E -Mail
Jo Ann Howard
President
888-328-4151 or 512-731-0911
joann@h2opartnersusa.com
Cathy Meek
Project Manager
888-328-4151 or 281-633-6879
cathy@h2opartnersusa.com
Erin Capps
Principal Author
888-328-4151 or 512-769-5483
ecapps@h2opartnersusa.com
Anne Williams
Mitigation Planner
888-328-4151 or 361-815-6041
anne@h2opartnersusa.com
Nan Krankei
Technical Writer
888-328-4151 or 512-750-6015
nan@h2opartnersusa.com
Pam Hawkins
Outreach Specialist
888-328-4151 or 512-750-6014
pam@h2opartnersusa.com
Location
The base of operations is in Austin at 2900 North Quinlan Park Road, Suite 240-135, Austin, Texas 78732.
A Post Office Box is also available for mailing purposes: P.O. Box 160130, Austin, Texas 78716.
Project Understanding & Methodology
The H2O Partners Team will provide experienced professional staff to develop a Hazard Mitigation
Action Plan for the City of Round Rock. All sections will be developed in accordance with the provisions
of the Disaster Mitigation Act of 2000; Interim Final Rules for the Hazard Mitigation Planning and Hazard
Mitigation Grant Program (44 CFR, Part 206); standards found in FEMA's "Local Multi -Hazard Mitigation
Planning Guidance" (released July 1, 2008); and planning standards adopted by the Texas Division of
Emergency Management (TDEM). While separately identified, the steps outlined throughout this
proposal are inexorably linked to one another and may be carried out concurrently.
Establish an Open Process and Conduct Kickoff
Workshop
An open planning process must be established at the beginning
so that the City of Round Rock can develop a comprehensive
range of mitigation actions. Through wise planning, H2O will
ensure that everyone comes together to build a disaster -
resistant Plan.
To begin the planning process, H2O will draft a Concept Paper
outlining the mitigation planning process and a proposal for
how the effort will be conducted. H2O will then form a Local
Planning Team (LPT) under the auspices of the City to
a .a� fbra
A�^r�nirtg
fill-AJ1()MITIGATION
"'" PiANNIN61-110trS'
iFUtin
_ R�In�ifr.
,'''Mt lthHY
pitkr
RFP #10-019 I May25, 2010
Page 9
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
coordinate the effort. The LPT will include relevant city departments and employees in addition to
members from the public stakeholders. Invitations will be sent to key stakeholders, such as:
representatives from businesses in the area, including Dell; Round Rock ISD; Scott & White hospital;
local government officials; and representatives from the Round Rock Higher Education Center.
Less than one month after the contract is executed, H2O will conduct a Kick-off Workshop. The purpose
of this Workshop is to discuss the proposed planning effort and to obtain an initial understanding of the
perception of risk and any concerns or issues regarding hazard mitigation, preparedness and sustainable
development.
Hazard Identification, Analysis and Risk Assessment
The hazard identification, analysis and risk assessment process will be undertaken on two tracks. H2O
will compile and analyze information from a variety of national, state and local sources and integrate
them into an overall hazard identification, analysis and risk assessment. Secondly, consistent with
Federal requirements for hazard mitigation planning in 44 CFR Part 201, vulnerability and impact will be
determined from hazards affecting the project area.
As a starting point, H2O will review and compile information on the occurrence of hazard events in and
around the City. Next an investigation will be conducted by working
with local and county officials. This investigation will include historical
documents, interviews and other existing resources. H2O and
subcontractor PBS&J will then evaluate the full range of natural and
technological hazards that may affect the project area.
PBS&J will determine the extent to which specific hazards may affect
the project area. Following this determination, hazard profiles will be
developed for each hazard and hazard frequencies and their potential
impact will also be addressed. The development of hazard/damage
profiles is an important step in a comprehensive risk assessment. The
team will utilize skilled personnel to conduct statistical analysis to
relate frequency to intensity. This will allow an analysis of variations of
intensity within each type hazard event as well as determine the
probability (frequency) of future events and annualized losses.
Where applicable, 1120 will gather natural hazard maps. These maps will provide a spatial understanding
(location and extent) of hazard intensity that is related to a specific return period. The team will
conduct on-site visits and obtain input provided by the Local Planning Team and integrate that input into
the overall hazard evaluation.
PBS&J will utilize GIS and other information technologies to inventory assets and aggregate data to be
portrayed on both maps and spreadsheets to illustrate the current risk assessment. The risk assessment
will make quantitative estimates of the potential damage, injuries and costs within specific areas and
across the entire planning area. The risk assessment will provide, as part of the vulnerability
assessment, estimates of the probability of various levels of damage to provide decision makers with a
RFP 010-019 I May25, 2010 Page 10
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
more complete understanding of the full range of natural hazards that the City faces and potential
casualties, damages and economic losses from different hazard events.
This comprehensive risk methodology will be presented to the City in draft form at a Risk Assessment
Workshop. The workshop will be an opportunity to make any adjustments to the risk report based on
comments from the planning team, and will provide the mechanism for the City to target limited
resources to those areas that have the highest vulnerability to natural hazards. The City can then
prioritize risk reduction actions in an effort to strengthen existing structures, critical facilities and public
infrastructure based on quantitative understanding of their risk.
Create a Mitigation Strategy and Action Plan
Based on background research, risk and vulnerability assessments and input received, H2O will work
with planning members to focus on specific and prioritized mitigation actions that will reduce the impact
of current hazards to be included in the Plan.
A Mitigation Workshop will be held, following the Risk Assessment Workshop where H2O will work with
the planning team to identify mitigation goals and objectives and specific mitigation strategies that will
reduce the impact of future hazard events based on the risk assessment. The mitigation strategy will
include a discussion of the status of pre -and post -disaster hazard management policies, programs and
capabilities to mitigate the hazards in the areas. Strategies will be consistent with parameters identified
in the capability assessment. Mitigation actions will also be developed for each hazard, and in addition,
mitigation actions that focus on National Flood insurance Program (NFIP) maintenance and compliance
will be created as required in the 2008 guidance.
Conduct Public Outreach
Public involvement is a critical component of hazard mitigation planning. Public input will be sought
through a variety of mechanisms throughout the planning process. First, public meetings will be
conducted after the Kickoff, Risk Assessment and Mitigation Workshops to gather input from the
general public, area local officials, businesses and school districts to
develop mitigation strategies.
Second, H2O will develop a detailed public hazard survey that can be
completed online to obtain feedback from the local community at
large regarding their opinion and ranking of risks. The public survey
link will be provided to the Round Rock community and all planning
team members for posting on websites or forwarding to colleagues
and community groups.
Develop and Submit Draft Hazard Mitigation Plan
Based on its planning efforts, H2O will develop a draft Hazard Mitigation Plan, which at a minimum, will
comply with all State and Federal requirements and include documentation of the planning process.
The initial draft Hazard Mitigation Plan will be provided to Local Planning Team members. The City will
then have at least four weeks to review the Plan and provide any comments to H2O. Based on revisions
RFP #10-019 f May25, 2010
Page 11
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
NARRATIVE
received, H2O will submit the draft Plan to TDEM. As required by TDEM, a FEMA Crosswalk will be
completed and provided along with the draft Plan. After TDEM conducts its initial evaluation of the
draft Plan, H2O will provide any edits or changes necessary back to TDEM within a two-week period.
Once TDEM approves the Plan, it will be submitted by the state to FEMA Region VI in Denton, Texas, for
review and approval of the draft. H2O will again revise the Plan as required by FEMA reviewers.
H2O will provide support, as requested, for the adoption of the City of Round Rock Hazard Mitigation
Plan once the Plan is approved by FEMA. H2O will also assist In identifying funding sources for hazard
mitigation programs and projects to implement the Plan by providing a catalog of potential sources of
hazard mitigation funding and technical assistance, Including more than 90 federal and state grant
progra ms.
Pian Maintenance Procedures
H2O will work with the Local Planning Team to develop the method and schedule for monitoring,
evaluating and updating the Plan. These procedures will also include a description of the method and
schedule to be used over the next five years to monitor, evaluate and update the Plan.
The procedures will also include a description of how the Local Planning Team will be kept involved
during the plan maintenance process over the next five years and a description of how the City will
involve the public during the plan maintenance process over the next five years. The Plan Review section
will include a description of the process and procedures by which the City will incorporate the
requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital
improvement plans, when appropriate.
RFP #10-019 May25, 2010
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
FEE AND WORK SCHEDULES
C NF EN
Schedules
Work Schedule
The following presents an overview of the monthly schedule of work for th developritient of .a;hazard
mitigation plan for the City of Round Rock. H2O proposes an expedited. schedule incorder to;. ubmit the
draft plan to the Texas Division of Emergency Management ,.(TDENi)_:and t)te Federal: Emergency
Management Agency (FEMA) as early as possible.
While both TDEM and FEMA work to ensure that plan reviews -:last rno'i'onger than 45 days, sometimes
unforeseen circumstances, such as a disaster in the 'st 'tei:;or:a'backlog of plans, can extend reviews.
Therefore, it is imperative that the draft pian is submitted�toToEM as early as possible to prevent from
developing an extension request for the City's grant. It is presumedfhat if selected, a contract will be
'•;tib- :';.1
signed in June, 2010 and work can begin;,Qn or .before July 1,2010; however this schedule has been
developed with flexibility in mind if work'` oes r of:-'.epni hence until August of 2010.
Mgnthly $chedule of Work
Service/'.eJiverable
rganize Local
?lashing Tearn (`
and Planning
'rocess, Conduct,
off Workshop
It s essential that all planning team fnemgers are identified
attltts point ' We vill develop a defailed contact list to
ensure that alt team members receive notices
Condtiut Capability
AssesStrients and
'pocu►rentation
Development
);Valuate Risk and.
Vulnerability ;;
s§essment: •
Requests for information to local, state and federal
agencies must be prepared in a clear and concise manner
so that all requested items are received quickly and
correctly. Additional phone correspondence may be
necessary to explain the capability survey.
ubcontractor (BS$J will be responsible for the
evel
lopment of the Risk and Vulnerability ASsessm en
H2O bifid RBS&.i have established clear -;lines of
responsibility and comniuhication after working on
over severs years We will ensure the report takes in
account the opinions of all strategic partners identities
'This schedule presumes a contract will be signed in June and work will commence on or before July 1, 2010.
RFP #10-019 I May25, 2010
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
FEE AND WORK SCHEDULES
Timeline (after
Contract Award)
November 2010
Monthly Schedule of Work
Service/Deliverable
Decem or 20
,;January 20
Prepare/Conduct
Risk Workshop
Prepare/Conduct
itigation Workshop•
Unique Problems/Solutions
Preliminary results of the Risk Assessment will be
presented at this workshop. It's important that all strategic
partners attend so that: 1) they have a clear understanding
of the report; and 2) any edits or revisions can be discussed
or corrected.
he goal for the Mitigat on Workshop is. to develop as`mon
unique .mitigation acns
tioas possible H2O prepares;in
advance sample;actions, funding guides and guidance
ocuments to ensure that the maximum amount of ec
re developed at this work session
Throughout the planing -process, II develop, write
and edit the Plan. It Nill be provided at Month 8 so that
team members have enough time to>thoroughly review the
Plan before it is subh1itted to'TDEM or 'FEMA.
orrespondence; and outreach will be` ntegral at Ihls poir
ensureahat planning team memberhas reviewer
ardMitigation Plan
S hould-TD.DM have'revisions or edits, it is our goal to make
nyrevisidl.s within a two to four-week period.
120 will remain:in constant corrimunication-vri
Ynsufe the Plan i<s submitted Because the review c
cannot be predicted with certainty, H2O anticipates
submission to FEMA two months before the requisite
eatlhne`•
(six months before Feb 1212012 or qui
Just as with TDEM edits, H20's goal is to turnaround all
revisions as early as possible. Sometimes FEMA has
multiple plans to review or a national disaster could occur,
putting all plan reviews on hold.
Submit Draft Plan to
Round Rock planning
team and strategic
partners
faitPlar�_ and Submit
20 has developedsar iple r olutions for communities tp
use in order to formally,adopt the Plan' Once'the-Pl:44:'
approved, the•City will have a maximum of one year:
formally adopt It is recommended that: strategic partners
atso formally adept the plan to ensure future FEMAfundiri
2 This date is an estimate. TDEM's submittal to FEMA cannot be guaranteed; therefore this schedule reflects an
early submittal (two months before FEMA's required review date).
RFP #10-0191 May25, 2010
Page:2
CITY OF ROUND ROCK HAZARD MITIGATION PLAN
FEE AND WORK SCHEDULES
Fee Schedule
For work to be performed throughout the planning process, H2O will invoice the City of Round Rock at a
rate of $150.00 per hour. Our contract options are flexible, and the grand total amount in the chart
below represents a maximum amount or price ceiling. The following fee schedule is broken down by
task. Total estimated hours for each task are based on estimates from work completed on single
jurisdiction mitigation plans. Total hours are then multiplied by the hourly rate.
ess:Wootl entatk
/L e Iopme t anYd Cap ility 3
Valu tion 1 ors
plaything team, Prepare for -and
(ick -off Workshop {12 hours)
tiSk end Vtjiherabiiity Assessmen
ibevel4. p� nor ize
t . it_Fiaii. to.:F.:.MMA an
e:004
bt0al,(567`h4.ur4
;idental Expenses miles a rutin
copying)
rant!Total $85,3
RFP #10-0191 May25, 2010
Page=