R-09-04-23-10B1 - 4/23/2009RESOLUTION NO. R -09-04-23-10B1
WHEREAS, the City of Round Rock desires to retain engineering
services for the Storm Water Master Plan - Phase I Project, and
WHEREAS, Freese and Nichols, Inc. has submitted a Contract for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract
with Freese and Nichols, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract for Engineering Services with Freese
and Nichols, Inc. for the Storm Water Master Plan - Phase I Project,
a copy of said contract 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
Chapter 551, Texas Government Code, as amende
RESOLVED this 23rd day of April,
ATTEST :
SARA L. WHITE, City Secretary
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Meetings Act,
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ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: FREESE AND NICHOLS, INC. ("Engineer")
ADDRESS: 10814 Jolivville Road, Building 4, Suite 100, Austin TX 78759
PROJECT: Storm Water Master Plan -Phase I
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2009 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
0199.7110; 157123
DRO5SWMP
EXHIBIT
1
Rev. 10/08
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Ninety Four Thousand Five Hundred Forty and 28/100 Dollars ($94,540.28) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Paul Morales, P.E., CFM, CPESC
Storm Water Engineer
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-7046
Fax Number (512) 218-5563
Email Address PMorales@round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract, City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jerome (Jay) Scanlon III, P.E., CFM
Project Manager
10814 Jollyville Road
Building 4, Suite 100
Austin, TX 78759
Telephone Number (512) 617-3100
Fax Number (512) 617-3101
Email Address JWS@freese.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs inctured prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
inunediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perforin the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the hill amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) SubconsuItant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at niutuaIly convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Jerome (Jay) Scanlon I11, P.E., CFM
Project Manager
10814 Jollyville Road
Building 4, Suite 100
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(I) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, 'capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
Stephan L. Sheets, City Attorney
Sara L. White, City Secretary
FREESE AND NICHOLS, INC.
By:
Signature of Principal
Printed Name: in; c 49 c / L • /V 4o�f
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LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit 13 Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
Exhibit A
City Services
The following is a list of services that will be performed by the City of Round Rock for the Storm
Water Master Plan — Phase 1 Assessment Professional Services:
1. Provide any relevant previous watershed studies and reports.
2. Provide available effective FEMA models and DFIRM data.
3. Provide available GIS data including topography, zoning, future landuse, storm sewer
system, parcels, buildings, roadways and aerial imagery.
4. Provide City Ordinance(s), Operations and Maintenance procedures, Regional Stormwater
Management Program application and fee structure, FEMA Policies, and Design and
Construction Standards (DACS) Drainage Criteria Manual.
5. Provide assistance requested by the Engineer that the City deems appropriate.
6. Conduct meetings with City Council.
Exhibit B
Engineering Services
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services in
connection with the development of the Project:
1. Project Management: FNI will provide Project Management services including project
coordination and communications with the City, monthly status reporting (at a minimum),
coordination with other agencies, and periodic Team meetings.
2. Storm Water infrastructure Discovery, Investigations, and Inventory: This task includes
discovery, investigations, and an inventory process to compile a comprehensive
understanding of the City's storm water Infrastructure to complete Phase I of the
Stormwater Master Plan. The limits of the study area will be the City of Round Rock
Corporate Limits and Extraterritorial Jurisdiction (ETJ). The results of the data collection will
be summarized into a format suitable for translation into the City's Geographical
Information System (GIS), and will function as the backbone for Task 3 and future phases of
this project.
A. Data Collection
I. Obtain previous watershed studies and reports from the City.
ii. Obtain effective FEMA models and DFIRM data from the City.
iii. Obtain City standards including typical street and alley sections, stormwater
details, ordinances and drainage criteria manual in MS Word Format.
iv. Obtain available GIS data (such as topographic maps, zoning maps,
thoroughfare plan, pipe system mapping, property lines, buildings and future
land use maps) and aerial imagery from the City for base map development.
v. Obtain City Ordinance(s), Operations and Maintenance Policies and
Procedures, DACS Drainage Criteria Manual, FEMA policies, and Regional
Stormwater Management Program application and fee structure.
S. Investigation and Discovery
i. Interview City staff to identify known flood, erosion, or water quality problems
or concerns. This will include flooding, road overtopping, major erosion, etc.
ii. Review previous studies and determine recommended projects that may not
have been implemented or constructed.
iii. Identify local study areas for SWMP Phase II - Implementation analyses by
grouping identified problems by local watersheds.
Iv. FNI will utilize available information to compare updated discharge -rating
curves from the Upper Brushy Creek WCID Dams in and around the City with
the outflow curves used in the effective FEMA models. This information will
be useful in determining potential problem areas and in prioritizing Phase II
recommendations.
v. Review FEMA models to identify potential flooding problems.
C. Field Work
i. Evaluate the stream study limits determined in Task 2B identifying hydraulic
parameters, known flooding problems, existing erosion problems, and
potential water quality concerns.
ii. Perform field visits of study areas documenting with photographs and sketches
of existing flood, erosion, or water quality issues related to the City's
stormwater infrastructure. FNI will coordinate field visits with City staff to
determine access.
iii. Based on preliminary information, the local study areas to be walked will
number approximately 25 field sites. Field visits will be coordinated with the
City.
D. Geographic Information System (GIS) Development
Compile a database of identified problems resulting from staff interviews, field
work, previous reports, and of citizen complaints.
i. Field photos will be spatially located and hyperlinked in a GIS layer.
ii. The database will be in a format suitable for GIS inclusion and compatible with
the City's system. FNI will coordinate with the City's GIS department regarding
the specific format required for the deliverables.
iii. Database attributes to be included will be coordinated with the City prior to
commencing with this task.
E. Deliverable
GIS database and a geo-referenced base map.
3. Watershed Assessment
A. Using the data obtained from the City, refine the watershed boundaries and stream
centerlines. Compare centerlines to the FEMA DFIRM data and provide the City
with a memorandum regarding discrepancies.
B. Establish a reach identification system along each creek based on criteria such as
land use, vegetative cover, channel type, frequency of flooding, and
erosion/stability. Reaches will be demarcated by street crossings where possible.
FNI will coordinate development of the reach identification system with City Staff.
For un -named reaches FNI will coordinate with the City to determine a naming
convention for this project.
C. Establish a rating system for each creek walk segment to classify the reach in terms
of flooding, erosion, water quality, and overall condition. FNI will coordinate the
development of the stream rating system with the City Staff (based on pre -project
discussions the system will likely be based on existing Stream Assessment
Techniques such as Unified Stream Assessment developed by the Center for
Watershed Protection).
D. Identify potential areas for implementation of a flood monitoring system to
supplement the information the City can obtain from the Upper Brushy Creek WCID
webpage. As part of the task develop a map of flooding "hot spots" and, if possible,
tie potential flood events to rainfall depths (Example: If 5 -inches of rain falls in Basin
A, Road B Is potentially overtopped).
E. Perform a desktop water quality assessment of the City's watersheds.
I. FNI will research what other communities in Central Texas and around the
State are doing to address water quality issues, particularly those related to
bacteria.
Ii. This study will utilize current and future land use maps to determine the
expected types of pollutants the City will need to address as watersheds are
re -developed or developed.
iii. Particular attention will be paid to Brushy Creek and up to two field visits will
supplement the desktop analysis in an effort to identify the potential
problems in the creek.
iv. Results of the desktop and field assessment will be used to make
recommendations for potential regional BMPs for possible inclusion in the CIP.
The results will also be utilized in forming recommendations associated with
review of the City ordinances, standards, and criteria manuals (Task 3 above).
F. Develop Capital Improvement Plan studies with recommended solutions (structural
and non-structural). Where possible, recommended projects and studies will
identify integrated solutions to combine multiple objectives such as flooding and
erosion into comprehensive projects.
I. Prioritize CIP projects based on a ranking system that will be developed with
the City. The ranking system may include quantitative criteria (such as depth
and frequency of flooding, and costs) as well as qualitative data based on City
experience (such as public safety and threats to infrastructure).
U. For the purpose of fee development, FNI has assumed that the CIP will include
up to twenty-five (25) CIP projects.
G. Deliverable -- Letter report
1. FNI will provide the City five copies of the "Issued for Review" letter report
and one electronic copy in MS Word format for review and comment. FNI will
meet with the City to receive comments upon completion of the review.
ii. FNI will incorporate the City's comments and will issue ten hard copies of the
final letter report. One complete electronic version (PDF format) of the
report, including all figures will be submitted on CD-ROM. At that time FNI will
also provide the GIS geo-database developed for the project.
4. Council Meeting:
FNI will assist the City Staff in developing and presenting a summary of the project and
recommendations at a City Council meeting or work session.
Deliverables:
1. GIS geo-database of the known problems.
2. Creek Walk notes, photos, etc.
3. Meeting Minutes and memoranda presented at meetings related to review and
recommendations of City policies, criteria, funding, and CIP development.
4. Phase I Letter Report
ADDITIONAL. SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,
which are not included in the above described basic services, are described as follows:
1. Recreation of existing H&H models if digital files of the effective models are not available.
2. Revisions to existing H&H models or creation of new models.
3. Field layouts or the furnishing of construction line and grade surveys.
4. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
5. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
6. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with Contractor(s).
7. Providing services after the completion of the engineering report not specifically listed.
8. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the OWNER.
9. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
10. Provide Geotechnical investigations, studies and reports.
11. Providing environmental investigations (Phase I or Phase II investigations) coordination with
environmental resource agencies, jurisdictional determinations, and state or federal
permitting.
12. Ordinance and Criteria Review and Recommendations: Review and recommend revisions to
the City's existing flood control / storm water management regulations and policies.
13. Public Outreach Meetings: FNI Staff will attend City sponsored public education/ outreach
seminars.
14. Funding Review and Recommendations: Review and recommend revisions to the City's existing
storm water funding mechanisms.
15. Master Plan Report Preparation. The report will document the storm water master planning
efforts and results: and will provide recommendations for Phase II (including implementation
efforts).
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with Exhibit C.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided
to FNI, governmental approvals, etc.
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative — Paul Morales, P.E., CFM, CPESC; 2008 Enterprise Drive,
Round Rock, TX 78664; (512) 218-7046, pmorales@round-rock.tx.us
FNI's Project Manager - Jerome (Jay) Scanlon, P.E., CFM; 10814 Jollyville Road, Austin, TX 78759;
(512) 617-3100; jay.scanlon@freese.com
FNI's Accounting Representative— Patty Berdoll; 10814 Jollyville Road, Austin, TX 78759; (512) 617-
3100; patty.berdoll@freese.com
EXHIBIT C
Work Schedule
Attached Behind This Page
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EXHIBIT E
Certificate of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER:
Hub IInaternationnal Rigg
Fort Worth;' TX f176102
Phone: 817-89/1„8_00tail: c Lux ryl_ownby@hu
INSURED:
r55 It -derma u flat #200
rt orth, 76109
p e: mall:
THI$1ls T uERTIIFY THAT' isjs@freese.com name above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
Date: April 1, 2009
TDI number required. Please refer to the
Texas Dept of Insurance website: htto://vnvw.tdi.state.tx.us/
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A • PROFESSIONAL LIABILITY AEA0882111422 12-30-08/09
$5,000,000 Each Claim
$10,000,000 Aggregate
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
140185
00650 — 6-2008
SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS
Typed Name: Scott Miller
Title: Sr. Vice President
Page 2 Certificate of Liability Insurance
(Professional Liability only)
COMPANIES AFFORDING COVERAGE
TDI
20550
inAter
uontiraiental Casualty Co.
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CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A • PROFESSIONAL LIABILITY AEA0882111422 12-30-08/09
$5,000,000 Each Claim
$10,000,000 Aggregate
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
140185
00650 — 6-2008
SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS
Typed Name: Scott Miller
Title: Sr. Vice President
Page 2 Certificate of Liability Insurance
(Professional Liability only)
DATE: April 16, 2009
SUBJECT: City Council Meeting — April 23, 2009
ITEM: 1081. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Freese & Nichols, Inc. for the Storm Water Master
Plan -Phase 1 Project.
Department:
Staff Person:
Justification:
Engineering and Development Services
Danny Halden, P.E., City Engineer
The City has previously dedicated funds to develop a Storm Water Master Plan. The Storm Water
Master Plan is intended to be a comprehensive guide that the City will use to manage its storm water
system. This engineering contract will provide the necessary consultant services to commence with the
first phase of the plan.
Funding:
Cost: $94,540.28
Source of funds: Self Finance- General Construction Funds
Outside Resources: Freese and Nichols, Inc.
Background Information:
The Storm Water Master Plan (SWMP) will provide a cohesive plan to guide the City with respect to its
long term goals in management of its storm water system. The SWMP will address all facets of the City's
storm water system including flood plains, water quality, ordinances/policies, operation and
maintenance, capital improvement needs and funding implications; and provide recommendations with
respect to how these facets should be managed. Previously, the City has budgeted $200,000 to develop
the SWMP. Staff completed a detailed consultant search earlier this year through review of responses
to a Request for Qualifications and through selected interviews. Staff has identified Freese and Nichols,
Inc. as the appropriate consultant as a result of the search process.
The contemplated engineering services contract will begin the first phase of the SWMP and is
anticipated to be completed in two parts. Part 1 (this contract) will consist of data gathering and
assessments of City watersheds. It is anticipated that a supplemental contract (Part 2) consisting of
ordinance/criteria review, storm water funding, and a final SWMP report will be necessary and/or
dependent upon the completion of Part 1.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
ROUND ROCK, TEXAS
PURPOSE. PASS O t PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: FREESE AND NICHOLS, INC. ("Engineer")
ADDRESS: 10814 Jollyville Road, Building 4, Suite 100, Austin TX 78759
PROJECT: Storm Water Master Plan -Phase I
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THliS CONT CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of / , 2009 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev. 10/08
0199.7110; 157123 00064494
DRO5SWMP
1
-o-vIP- 2--k) IV
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Ninety Four Thousand Five Hundred Forty and 28/100 Dollars ($94,540.28) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Paul Morales, P.E., CFM, CPESC
Storm Water Engineer
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-7046
Fax Number (512) 218-5563
Email Address PMorales@round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jerome (Jay) Scanlon III, P.E., CFM
Project Manager
10814 Jollyville Road
Building 4, Suite 100
Austin, TX 78759
Telephone Number (512) 617-3100
Fax Number (512) 617-3101
Email Address JWS@freese.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs inctwred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner. -
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
9
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
10
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Jerome (Jay) Scanlon III, P.E., CFM
Project Manager
10814 Jollyville Road
Building 4, Suite 100
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized r resentative(s), thereby binding the parties hereto, their successors, assigns and
representatives for e ith ,i1 and full performance of the terms and provisions hereof.
CITY OF
By:
1 -Ug CA 10
ATTEST:
By:
AS
OF-=1-arl
Sara L. White, City Secretary
FREESE AND�NII/CHOLS, INC.
By: ?-)14.c)`'�ii
Signature of Principal /
Printed Name: fr7 i c/ 9 c/ L• /V v c)/)
14
ED A$ TO ' ORM:
J
Step a L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit 13 Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
Exhibit A
City Services
The following is a list of services that will be performed by the City of Round Rock for the Storm
Water Master Plan — Phase I Assessment Professional Services:
1. Provide any relevant previous watershed studies and reports.
2. Provide available effective FEMA models and DFIRM data.
3. Provide available GIS data including topography, zoning, future landuse, storm sewer
system, parcels, buildings, roadways and aerial imagery.
4. Provide City Ordinance(s), Operations and Maintenance procedures, Regional Stormwater
Management Program application and fee structure, FEMA Policies, and Design and
Construction Standards (DACS) Drainage Criteria Manual.
5. Provide assistance requested by the Engineer that the City deems appropriate.
6. Conduct meetings with City Council.
Exhibit B
Engineering Services
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services in
connection with the development of the Project:
1. Project Management: FNI will provide Project Management services including project
coordination and communications with the City, monthly status reporting (at a minimum),
coordination with other agencies, and periodic Team meetings.
2. Storm Water infrastructure Discovery, Investigations, and Inventory: This task includes
discovery, investigations, and an inventory process to compile a comprehensive
understanding of the City's storm water infrastructure to complete Phase i of the
Stormwater Master Plan. The limits of the study area will be the City of Round Rock
Corporate Limits and Extraterritorial Jurisdiction (ETJ). The results of the data collection will
be summarized into a format suitable for translation into the City's Geographical
Information System (GIS), and will function as the backbone for Task 3 and future phases of
this project.
A. Data Collection
1. Obtain previous watershed studies and reports from the City.
ii. Obtain effective FEMA models and DFIRM data from the City.
iii. Obtain City standards including typical street and alley sections, stormwater
details, ordinances and drainage criteria manual in MS Word Format.
iv. Obtain available GIS data (such as topographic maps, zoning maps,
thoroughfare plan, pipe system mapping, property lines, buildings and future
land use maps) and aerial imagery from the City for base map development.
v. Obtain City Ordinance(s), Operations and Maintenance Policies and
Procedures, DACS Drainage Criteria Manual, FEMA policies, and Regional
Stormwater Management Program application and fee structure.
B. Investigation and Discovery
1. Interview City staff to identify known flood, erosion, or water quality problems
or concerns. This will include flooding, road overtopping, major erosion, etc.
ii. Review previous studies and determine recommended projects that may not
have been implemented or constructed.
iii. Identify local study areas for SWMP Phase 11 - Implementation analyses by
grouping identified problems by local watersheds.
iv. FNI will utilize available information to compare updated discharge -rating
curves from the Upper Brushy Creek WCID Dams in and around the City with
the outflow curves used in the effective FEMA models. This information will
be useful in determining potential problem areas and in prioritizing Phase II
recommendations.
v. Review FEMA models to identify potential flooding problems.
C. Field Work
i. Evaluate the stream study limits determined in Task 2B identifying hydraulic
parameters, known flooding problems, existing erosion problems, and
potential water quality concerns.
ii. Perform field visits of study areas documenting with photographs and sketches
of existing flood, erosion, or water quality issues related to the City's
stormwater infrastructure. FNI will coordinate field visits with City staff to
determine access.
iii. Based on preliminary information, the local study areas to be walked will
number approximately 25 field sites. Field visits will be coordinated with the
City.
D. Geographic Information System (GIS) Development
Compile a database of identified problems resulting from staff interviews, field
work, previous reports, and of citizen complaints.
i. Field photos will be spatially located and hyperlinked in a GIS layer.
ii. The database will be in a format suitable for GIS inclusion and compatible with
the City's system. FNI will coordinate with the City's GiS department regarding
the specific format required for the deliverables.
iii. Database attributes to be included will be coordinated with the City prior to
commencing with this task.
E. Deliverable
GIS database and a geo-referenced base map.
3. Watershed Assessment
A. Using the data obtained from the City, refine the watershed boundaries and stream
centerlines. Compare centerlines to the FEMA DFIRM data and provide the City
with a memorandum regarding discrepancies.
B. Establish a reach identification system along each creek based on criteria such as
land use, vegetative cover, channel type, frequency of flooding, and
erosion/stability. Reaches will be demarcated by street crossings where possible.
FNI will coordinate development of the reach identification system with City Staff.
For un -named reaches FNI will coordinate with the City to determine a naming
convention for this project.
C. Establish a rating system for each creek walk segment to classify the reach in terms
of flooding, erosion, water quality, and overall condition. FNI will coordinate the
development of the stream rating system with the City Staff (based on pre -project
discussions the system will likely be based on existing Stream Assessment
Techniques such as Unified Stream Assessment developed by the Center for
Watershed Protection).
D. Identify potential areas for implementation of a flood monitoring system to
supplement the information the City can obtain from the Upper Brushy Creek WCID
webpage. As part of the task develop a map of flooding "hot spots" and, if possible,
tie potential flood events to rainfall depths (Example: If 5 -inches of rain falls in Basin
A, Road B is potentially overtopped).
E. Perform a desktop water quality assessment of the City's watersheds.
L FNI will research what other communities in Central Texas and around the
State are doing to address water quality issues, particularly those related to
bacteria.
ii. This study will utilize current and future land use maps to determine the
expected types of pollutants the City will need to address as watersheds are
re -developed or developed.
iii. Particular attention will be paid to Brushy Creek and up to two field visits will
supplement the desktop analysis in an effort to identify the potential
problems in the creek.
iv. Results of the desktop and field assessment will be used to make
recommendations for potential regional BMPs for possible inclusion in the CIP.
The results will also be utilized in forming recommendations associated with
review of the City ordinances, standards, and criteria manuals (Task 3 above).
F. Develop Capital Improvement Plan studies with recommended solutions (structural
and non-structural). Where possible, recommended projects and studies will
identify Integrated solutions to combine multiple objectives such as flooding and
erosion into comprehensive projects.
1. Prioritize CIP projects based on a ranking system that will be developed with
the City. The ranking system may include quantitative criteria (such as depth
and frequency of flooding, and costs) as well as qualitative data based on City
experience (such as public safety and threats to infrastructure).
11. For the purpose of fee development, FNI has assumed that the CIP will include
up to twenty-five (25) CIP projects.
G. Deliverable — Letter report
i. FNI will provide the City five copies of the "Issued for Review" letter report
and one electronic copy in MS Word format for review and comment. FNI will
meet with the City to receive comments upon completion of the review.
ii. FNI will incorporate the City's comments and will issue ten hard copies of the
final letter report. One complete electronic version (PDF format) of the
report, including all figures will be submitted on CD-ROM. At that time FNI will
also provide the GIS geo-database developed for the project.
4. Council Meeting:
FNI will assist the City Staff in developing and presenting a summary of the project and
recommendations at a City Council meeting or work session.
Deliverables:
1. GIS geo-database of the known problems.
2. Creek Walk notes, photos, etc.
3. Meeting Minutes and memoranda presented at meetings related to review and
recommendations of City policies, criteria, funding, and CIP development.
4. Phase I Letter Report
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,
which are not included in the above described basic services, are described as follows:
1. Recreation of existing H&H models if digital files of the effective models are not available.
2. Revisions to existing H&H models or creation of new models.
3. Field layouts or the furnishing of construction line and grade surveys.
4. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
5. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
6. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution
of claims disputes with Contractor(s).
7. Providing services after the completion of the engineering report not specifically listed.
8. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time
schedule directed by the OWNER.
9. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
10. Provide Geotechnical investigations, studies and reports.
11. Providing environmental investigations (Phase I or Phase 11 investigations) coordination with
environmental resource agencies, jurisdictional determinations, and state or federal
permitting.
12. Ordinance and Criteria Review and Recommendations: Review and recommend revisions to
the City's existing flood control / storm water management regulations and policies.
13. Public Outreach Meetings: FNI Staff will attend City sponsored public education/ outreach
seminars.
14. Funding Review and Recommendations: Review and recommend revisions to the City's existing
storm water funding mechanisms.
15. Master Plan Report Preparation. The report will document the storm water master planning
efforts and results: and will provide recommendations for Phase 11 (including implementation
efforts).
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with Exhibit C.
If FM's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not
limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided
to FNI, governmental approvals, etc.
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative — Paul Morales, P.E., CFM, CPESC; 2008 Enterprise Drive,
Round Rock, TX 78664; (512) 218-7046, pmorales@round-rock.tx.us
FNI's Project Manager - Jerome (Jay) Scanlon, P.E., CFM; 10814 Jollyville Road, Austin, TX 78759;
(512) 617-3100; jay.scanlon@freese.com
FNI's Accounting Representative — Patty Berdoll; 10814 Jollyville Road, Austin, TX 78759; (512) 617-
3100; patty.berdoll@freese.com
EXHIBIT C
Work Schedule
Attached Behind This Page
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EXHIBIT D
Fee Schedule
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Fee Schedule
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3 Watershed Assessment (50%) $ 22,499.55
4 Watershed Assessment (Draft Letter Report) $ 22,499.55
5 Final Letter Report $ 6,668.64
6 Council Meeting / Work Session $ 4,104.46
Total $ 94,540.28
GIS Base map (Draft)
GIS Database and Map
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EXHIBIT E
Certificate of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
Date: April 1, 2009
TDI number required. Please refer to the
PRODUCER: Texas Dept of Insurance website: htto://vnvw.tdi.state.tx.us/
Hub International Rigg
FortIWorthg,' TX 5 Q-76102
Phone: 817-820.810011: Cheryl _ ownby@hu
INSURED:
055 Interna -Pl
a __az #200
Fort Worth, . 76109
Phone:
mall:
THISa17-733-7300i5 uE THAl'S o l su ed named above Is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A • PROFESSIONAL LIABILITY AEA088214422 12-30-08/09
$5,000,000 Each Claim
$10,000,000 Aggregate
Should any of the above described policies be cancelled or changed before the expiration date there° Atte issuing company will mall thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
140185
00650 — 6-2008
SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS
Typed Name: Scott Miller
Title: Sr. Vice President
Page 2 Certificate of Liability Insurance
(Professional Liability only)
COMPANIES AFFORDING COVERAGE
TDI
-
20550
intern
A
do al.co
Continental Casualty Co.
B
c
0
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A • PROFESSIONAL LIABILITY AEA088214422 12-30-08/09
$5,000,000 Each Claim
$10,000,000 Aggregate
Should any of the above described policies be cancelled or changed before the expiration date there° Atte issuing company will mall thirty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
140185
00650 — 6-2008
SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS
Typed Name: Scott Miller
Title: Sr. Vice President
Page 2 Certificate of Liability Insurance
(Professional Liability only)