R-12-10-11-G11 - 10/11/2012 i
RESOLUTION NO. R-12-10-11-G11
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WHEREAS, the City of Round Rock desires to retain engineering services for the Storm F
Water Master Plan—Drainage Section Project, and
WHEREAS, Halff Associates, Inc. has submitted a Contract for Engineering Services to provide
said services, and
WHEREAS, the City Council desires to enter into said contract with Halff Associates, 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 Halff Associates, Inc. for the Storm Water Master Plan — Drainage '
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Section 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 Meetings Act,
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Chapter 551, Texas Government Code, as amended.
RESOLVED this 11th day of October, 2012.
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Clerk
O:\wdox\SCC Ints\01 12\1204\MUNIC 1PAL\00259370.DOC
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EXHIBIT k
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JrROND ROCK,TEXAS
.►S ION PROSPERITY
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CITY OF ROUND ROCK a
CONTRACT FOR ENGINEERING SERVICES
FIRM: HALFF ASSOCIATES.INC. ("Engineer")
ADDRESS: 4030 W.Bralcer Lane, Suite 450,Austin,TX 78759
PROJECT: Storm Water Master Plan—Drainage Section
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THE STATE OF TEXAS §
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COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of ,2012 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:
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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
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and respective obligations of the parties;
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NOW,THEREFORE,WITNESSETH:
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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:
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Engineering Services Contract Rev.05/10
0199.7210;00257288 00192831
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which y
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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
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City shall perform or provide services as identified in Exhibit A entitled"City Services."
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ARTICLE 2
ENGINEERING SERVICES
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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 r
Manager.
ARTICLE 3
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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 x
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 determuies, or reasonably !
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
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(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 Set-vices 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 Two Hundred Seventy-Seven Thousand, Five Hundred Eigll -Eight and No/100
Dollars ($277,588.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably i
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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
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the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory k
progress of Engineering Services shall be an absolute condition of payment.
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The fee herein referenced may be adjusted for additional Engineering Services requested and z
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performed only if approved by written Supplemental Contract.
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ARTICLE 5
METHOD OF PAYMENT
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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.
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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. j
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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:
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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 F_ngineer and a subcontractor or between a s
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'frith 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 i
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
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ARTICLE 8
PROJECT TEAM
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City's Designated Representative for purposes of this Contract is as follows:
Lance Shellenberger 5
Project Manager
Round Rock,Texas 78664
Telephone Number(512) 218-6609
Fax Number(512)218-5563
Email Address lshellenberger@roundrocktexas.gov
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative forpurposes of this Contract is as follows:
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Michael A. Moya, P.E., CFM
Vice President {
4030 W. Braker Lane, Suite 450 t
Austin,TX 78759
Telephone Number(512) 777-4600
Fax Number(512)252-8141
Email Address mmoya@halff.com
halffcom
ARTICLE 9
PROGRESS EVALUATION
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Engineer shall, fiorn time to time during the progress of the Engineering Services, confer with g
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.
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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;
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(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 i
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
frill 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 x
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 F
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.
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Engineer shall make revisions to Engineering Sei vices 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 Sei vices. 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.
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ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project,provided that City 1
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract.If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense,pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted .
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed e
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
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to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified. P
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ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL E
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.
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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 s
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.
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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. E
(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 s
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 4'
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 fi
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 g
Engineering Services performed at the time of default. r
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 sunder 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 fiilfill his/leer/its contractual obligations, then City may take fi
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 g
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(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/rnaxinnum 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 E
Engineering Services contracted for herein.
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(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
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INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/het/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. u
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 r
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. k
ARTICLE 25 {
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
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(1) Non-collision. Engineer warrants that he/slue/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 lie/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
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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) 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 (l) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
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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.
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(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- 4
renewal or reduction in limits by endorsement a notice thereof shall be given to City by '
certified mail to:
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City Manager, City of Round Rock
221 East Main Street
Round Rock,Texas 78664
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(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. '
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(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
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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 R
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
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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
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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. Tile City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
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All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
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City:
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City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock,TX 78664
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and to: ri
Stephan L. Sheets '
City Attorney
309 East Main Street
Round Rock,TX 78664
Engineer: '
Michael A. Moya, P.E., CFM
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Vice President
4030 W. Braker Lane, Suite 450
1.
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 lis/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.
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(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. g
3 Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, 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, x
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 k
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.
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ARTICLE 34 g
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.
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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 Rill performance of the terms and provisions hereof
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CITY OF ROUND ROCK,TEXAS APPROVED AS TO FORM:
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By:
Alan McGraw,.Mayor Stephan L. Sheets,City Attorney
ATTEST:
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By:
Sara L. White, City Clerk
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HALFF ASSOCIATES, INC.
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By:
Signature of Princ' 1.
Printed Name: M tC (d - .
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LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
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Exhibit A '
City Seg-Vicesif
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The City of Round Rock(CoRR)will provide the following information and perform the
following services: ;
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CITY OF ROUND ROCK'S RESPONSIBILITES
• CoRR will supply all available hydrologic and hydraulic models tinoughout the
City covering the limits of observation. All associated files,including workmaps
and related GIS files shall also be provided.
• For the completion of Task 2.1, the City shall supply all available GIS data sets in
a shapefile or geodatabase format for integration into an ArcGIS environment.
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• Supply drainage complaint files,roadway flooding records,structure flooding r
records and available documentation of flood/erosion risk
• Provide access to the City's ArcGIS Server. Data shall be served as individual
layers exposed through a geoREST protocol suitable for integration into the
mobile mapping solution. Once the schema and domain of the data collection
records has been defined, the CoRR shall be responsible for creating and
maintaining a feature class on the City's ArcGIS server that allows read and write
access. During field data collection efforts, CoRR shall provide as need t
maintenance to ensure the operation of their server.
• For a successful CIP plan it is necessary to have periodic work sessions to ensure
the City's vision and goals are being met. The CoRR staff stakeholders will be
required to-participate in the following work sessions:
o 1.1 Project Kickoff Meeting
o 1.2 Project Work Session
o 3.1 Prior to commencing each watershed investigation, a watershed
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scoping meeting to discuss know storm water issues.(9 meetings total)
o 3.4 Assistance with project engineer to asses critical discovered issues(as '
needed) '
o 3.5 Selection of project requiring concept mitigation planning(9 meetings
total) °
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Exhibit B
Engineering Services s'
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INTRODUCTION
The purpose of this proposal is to provide engineering services to(1)assess the viability
of the City of Round Rock's storm water infrastructure,(2) identify problems and
develop conceptual solutions and(3)provide a systematic approach for allocating Rinds
for storm water projects for the City's capital improvement program. {
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BACKGROUND
Responsible for the public safety of their citizens,a periodic.inventory and assessment of
drainage problems must be performed by the City. Issues likely include maintenance of '
existing infrastructure,solving historically established flooding problems,and strategic
regional projects to promote economic development in targeted growth areas.
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Once projects are identified it is necessary to evaluate the(1)the level of investment
required,(2)the estimated benefits of that project,(3) and the time to implement the
project
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Operations and Maintenance
With continued growth and development,existing streams and creeks can become
stressed leading to the deterioration of existing infrastructure. Over time stream
degradation can lead to a multitude of problems such as flooding,damaged utilities,
structurally weakened roadway crossings, and loss of property values.
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Historical Flooding
Older developments, residential subdivisions and roads were frequently designed
utilizing an acceptable design criteria of that time. Over many years,the design
criteria has evolved making these older facilities at a greater risk of flooding
relative to those designed to modern standards. For these inherited historical issues,
it is necessary to identify the flooding problem,determine a solution and evaluate
the economic viability bringing these facilities to compliance with modern design
standards.
Strategic Grotivth
Promoting prudent and responsible growth of the City can be accomplished by
identifying strategic storm water management projects. These can include solutions
such as a public/private venture to construct a regional detention pond,large scale
floodplain reclamation and dedicated protection of a riparian corridors.
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SCOPE OF WORK
The scope of work for this project has been divided into the following tasks:
• Task l: Project Management
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• Task 2: Pre-Processing
• Task 3: Field Data Collection
• Task 4: Project Analysis
• Task 5: City Wide Assessment
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TASK 1: PROJECT MANAGEMENT
Effective project management is a critical leadership and management fiinction for a i
successful project.This task consists of planning the project,executing the plan and making
necessary adjustments or changes when needed,as well as closing out the project when
work has been successfully completed. The project manager shall be the single point of >'
contact for all correspondences.
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1.1 Project Kickoff
Through a project kickoff meeting,Halff Associates Inc.and the City of Round Rock
will develop a project work plan and integrate new project team members from both
City and Engineer's staff. Tasks include:
1. With City input,define project,resources,submittal procedures, control and
measures, schedules,billing instructions,change management process,
deliverables,goals,etc.
2. Provide to City,project work plan in technical memorandum format including
a schedule baseline.
3. Prepare project team information and distribute to team members(firm name,
personnel,phone and fax numbers,mailing and email addresses,firm's and 3
individual's responsibility or role.)
1.2 Project Work Session
Prior to commencing field work,a detailed coordination meeting with City staff will be
conducted to establish the technical and procedural details of the project.Tasks include:
1. Establish a field work and study sequence for each of the nine(9)major I
watershed basins.
2. Establish criteria and a database schema for data to be collected in the field. s
This task includes the creation of a"mock-up"data sheet which will be used j
as the basis for creating field collection digital tables. This schema,where
applicable,will attempt to integrate the data collected from the"City of
Round Rock, Storm Water Master Plan,Phase 1"dated September 2010.
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3. Establish criteria for site assessment(post field collection)utilizing the City's
current 14 category process based on public safety,economic impact,
environmental impact and project timing.
4. Set parameters and thresholds for the classification of projects for n
prioritization including variables such as level of investment,estimated s
benefits and implementation schedule.
TASK 2: PRE-PROCESSING
To inventory storm water related issues in the City,this project includes a field
reconnaissance effort consisting of HalffAssociates' team staff physically walking the
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creeks to identify and document issues. Field work will be performed with an internet
connected tablet computing device which allows for(1)instantaneous record logging,(2) ?
geocoded records and photographs and(3)field access to the City's existing mapping data. i
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2.1 GIS Pre-Processing
Proper assessment of drainage issues is a combination of field observation and desktop
analysis of the plans and data. To ensure field and office staff have access to the proper
information to diagnose drainage problems,a pre-processing effort is necessary.Tasks
include:
1. Inventory and compilation of available GIS data.
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2. For table top analysis,preparation of a city-wide constraint map utilizing such
information as orthophotos, FEMA and City flood inundation maps,UBC
WCID Watershed Study, LiDAR, utility location, appraisal district parcels,
etc.
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2.2 Mobile Field Data Collection Tool €
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Field data collection will be performed utilizing a cellar enabled tablet device. By
leveraging the map services already constructed and maintained by the City staff,Halff E
will utilize the"ArcGIS for ESRI"application to view mapping data in the field and to
post records of observed issues. For this task data will be directly posted to the City of
Round Rocks ArcGIS Sever.
It is anticipated that minor modifications will be required to the'ArcGIS for ESRl'
application the project specific needs. 4
Tasks include:
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1. Programming and development of the data logging application that ensure that
it:
a. Allow for the creation of data records in the assessment database
using per the approved form described in section 1.2.2.
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b. Log photographs of the denoted issue including a link to the data
record as well as location,direction and time of each photograph.
2. Coordinate with the City of Round Rock staff to verify tablet accessible
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interface to the provided web map services for use in the field.
3. Develop a beta version of the collection mobile data collection tool. Meet R
with City staff to demonstrate and discuss function and comments.
f 4. Address City continents regarding mobile data collection application and g
finalize the custom tool.
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TASK 3: FIELD DATA COLLECTION
The field data collection effort will be encapsulated by each of the nine(9)major
watersheds within the City. Progressing in the sequence agreed on in section 1.2.1,work on
each watershed will continence upon written notification by the City staff.
3.1 Watershed Scoping Meeting
After receiving notice to proceed to the next watershed,Halff Associates will conduct a
scoping work session with City staff for that watershed to obtain known historical i
information. Tasks include:
1. Preparation of detailed GIS workmap for team and staff discussion.
2. 'Attendance by Halff s project manager and members of each of the field
teams conducting the initial site assessment.
3.2 Initial Field Data Collection
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Initial field data collection will be performed by a two man team consisting of at
minimum one Engineer-in-Training. This task will involve walking the streams and
utilizing the mobile logging device to denote problems areas.
Issues identified may include:
➢ Conveyance: Historical and observed structural flooding evidence
➢ Utilities: Exposed utilities;Aerial crossings; Possible wastewater leaks
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➢ Erosion: Scour holes; Embankment sloughing;
➢ Infrastructure:Piping evidence; Asphalt heaving at stream crossings i
➢ Maintenance: Buried and blocked culverts; Excessive vegetation and debris
This study is limited to creeks and streams with a minimum contributing drainage area
of twenty(20)acres within the City's corporate and ETJ limits as listed in Table 1.
Stream within the Meadows of Chandler Creek will be included with this study. All
other areas within the jurisdiction of municipal utility districts(MUDs)are to be
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excluded. The specific limits of field observation for this contract were provided by
City staff. Refer to Figure 1 for a delineation of these limits. {
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Brushy Creek 21.7
Chandler Branch 22.0
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Dry Branch 12
Dry Fork Creek 1.5
Gilleland Creek 1.5
Lake Creek 11.2
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McNutt Creek 2.2
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Onion Branch 11.6
Rattan Creek 1.7 {`
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TOTAL 85.4
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Table 1: Observation Limits per Watershed r
Note: Halff Associates field crews will be limited to capturing and recording"critical"
items associated with flooding and erosion.
3.3 Internal Problem Assessment f
Data and photographs of the observed trouble points from the initial field collection will
be reviewed by a Halff professional engineer who has minimum of ten years of design
experience. Combining table-top GIS data,this effort will sort through the acquired data
and determine locations where a secondary field collection data effort is needed. This
process will determine the need and priority for additional reconnaissance by a
professional engineer.
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3.4 Secondary Field Data Collection
A professional engineer with a minimum of ten years of design experience will re-visit
each of the problem areas flagged by the"internal problem assessment". During this j
secondary effort additional data will be logged with the mobile collection tool. The (;
professional engineer who performs this second-look will prepare a brief written
narrative(one paragraph)which describes the problem and proposed solution.
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3.5 Project Identification
Halff will compile the cursory project and solation descriptions finm the secondary field
effort for the subject watershed. This interum document will be provided to the City for
staff concurrence regarding projects that warrant a conceptual planning and costing
effort. At the completion of City staff review and project selection,Halff will attend a
meeting with staff to discuss alternative and desired mitigation design measures.
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TASK 4: PROJECT ANALYSIS
For each watershed,the City will select projects that require a mitigation plan. For each
selected project,a concept level design will be required so that the cost,benefits and project
duration can be evaluated. Once evaluated,these projects will be ranked and classified for
implementation.
4.1 Concept Mitigation Plan F
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For each selected project,Halff will prepare a conceptual analysis of the flooding issues
utilizing City supplied hydrologic and hydraulic modeling as well as GTS data. One(1)
concept mitigation plan will be prepared for each designated project.
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Note: The scope of the mitigation planning effort is limited to an aggregate maximum
of twenty five(25)selected projects across the City. Addition projects that require
conceptual plaiming can be performed as an additional service.
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For Each Selected Project Tasks hrclude:
1. Review of the City supplied hydrologic,hydraulic and GIS data including the
UBC WCID Watershed Study to diagnose the contributing factors to the
problem.
2. Develop a one(1)page base map exhibit and/or sketch of the subject area and
proposed mitigation design. This may be CADD, GIS, or sketches.
3. Develop a narrative summary(maximum 2 pages)of the proposed project that
at minimum provides:
a. Project Name and Description
b. Benefits of implementing the project
c. History of flooding
d. Environmental constraints and permitting requirements
e. Potential project partners {
f. Conceptual opinion of probable construction cost
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4.2 Ranking and Categorizing Projects (per sub-basin)
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Utilizing the systematic criteria established in section 1.2.4,for the completed sub-basin,
Halff will rank and categorize each evaluated project. Dependent on benefits,
implementation and level of investment these projects will be segregated into categories
(RESERVE,STRATEGIC,ACTIVE and O&M). Scoring of each project will be
performed per criteria defined in section 1.2.3.
When scoring and ranking is complete, Halff will provide a draft watershed document
to City staff including each project concept mitigation plan(three pages per project)and
a summary ranking for projects in that watershed.
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When comments from City staff are received,Halff will reconcile the requested
revisions and submit a completed watershed analysis report.
TASK 5: CITY WIDE ASSESMENT
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5.1 Master CIP Planning Document
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At the completion of watershed assessments for the City's nine(9)major watersheds, K
Halff will compile the mitigation plans and project rankings for the identified projects.
With the City's assistance,Halff will develop a strategic Capital Improvement Plan
document. This plan will be a written document and at minimum include:
1. Definition of ranking algorithm and project classification
2. Master summary map of all identified projects including rankings and
proposed cost
3. Nine(9)maps identifying projects per watershed G'
4. CIP Prioritization scatter plots(project score vs. level of investment)
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5. Individual project mitigation plan(3 pages each project)
6. Proposed plan for Capital Improvement Project implementation. (5 year
horizon)
QA/QC
Throughout the project,to ensure that the final product satisfies the City of Round Rock,
Halff Associates shall implement its company prescribed procedures for quality
assurance and quality control. At the completion of each Task and prior to submittal to
the City,Halff will have the report and supporting data reviewed internally by a
designated Quality Assurance Manager(QAM). The QAM will be a professional
engineer licensed in the state of Texas with a minimum of 10 years of experience
applicable to the material being reviewed.
The QAM will provide an independent review of each project task and deliverable. The
QC review process will include a review of field analysis and concept mitigation plans.
Reports will be reviewed for accuracy,neatness,uniformity,drafting,errors,omissions,
conflicts,spelling,grammar,completeness and conformance with the contract agreement.
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Exhibit C
Work Schedule
Halff Associates Inc. can continence work on this project within one week after notice-to-
proceed is received from the City of Round Rock. Halff anticipates the completion of all
effort and the submittal of a City wide comprehensive master drainage plan in September
of 2013. The contract milestones are as follows:
• Contract Award/Notice to Proceed: October 2012
• TASK 1: Project Management(Kickoff and Overall Work Session): Oct 2012
• TASK 2: Pre-Processing(Data management &Mobile Tool Preparation: Nov
2012
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• TASK 3: Field Data Collection
o This tasks will be completed in nine(9) separate efforts completed per
City defined sequencing of watersheds studied. Halff anticipates field
collection of each watershed to take an average of three(3)weeks. f
o City wide field data collection completion: May 2013
• TASK 4: Project Analysis
o At the completion of field data collection activities for each watershed,
Halff will conunence project analysis for that completed basin. This effort
will be performed concurrent to and slightly lag the field collection effort
o City wide project analysis completion: Aug 2013
• TASK 5: City Wide Assessment(Master Summary Document): Oct 2013
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Exhibit D
Fee Schedule
Fee Summary
Task 1: Project Management $ 15,225
Task 2: Pre-Processingi $ 11,245
Task 3: Field Data Collection $ 71,971
Task 4: Project Analysis $ 141,662
Task 5:City Wide Assessment $ 32,585
Total Engineering Services $ 272,688
Direct Cost Estimates
Total Direct Cost Estimates $4,900
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GRAND TOTAL 1 $ 277,588
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
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rrROUNDROCK,TEXAS City Council Agenda Summary Sheet
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PURPOSE.PASSION.PROSPERITY.
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Agenda Item No. G11.
Consider a resolution authorizing the Mayor to execute a Contract for Engineering
Agenda Caption: Services with Halff Associates, Inc.for the Storm Water Master Plan—Drainage Section. I
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Meeting Date: October 11, 2012
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Department: Utilities and Environmental Services t
Staff Person making presentation: Michael Thane
Utilities Director
Item Summary:
Two significant storm water events occurred in September 2010: the completion of the first phase of the Storm
Water Master Plan and the flooding from Tropical Storm Hermine. The first phase of the Storm Water Master Plan
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produced an overview of the City's storm water infrastructure challenges, a project prioritization system and an
initial priority list of projects. Since then, the Lakeside Channel Improvements and the Onion Branch Bank
Stabilization project were completed. The flooding from Tropical Storm Hermine highlighted some of the region's
most vulnerable flooding areas and triggered a philosophical shift at the Upper Brushy Creek Water Control and
Improvement District.The Board expanded its focus to include the coordination of multi-jurisdictional solutions and
to identify regional flooding problems as well as potential flood reduction projects. This multi-part project started
with the development of hydrologic/hydraulic models and has evolved to include the subsequent updating of FEMA
floodplain maps. The updated watershed models allow the City to move forward in its Storm Water Master Plan
process to identify the level of flooding and inundation across the City. These drainage capacity issues will be
combined with information gathered from an assessment of nearly 85 stream miles of drainage ways. The field
assessment will identify vulnerable areas and establish a baseline for future monitoring. The capacity and flooding
issues will be combined with the erosion issues to identify and prioritize projects by basin within the City. The
prioritized solution list is the first step in development of a Storm Water Capital Improvement Program (SWCIP)with
the next step involving the determination of SWCIP funding. The Drainage Utility fee currently only pays for staff
activities including engineering, planning, operations and maintenance; it does not have the capacity to fund the
SWCIP. The analysis, identified problem areas, and prioritized solution list will form the essence of the Drainage
Section of the Storm Water Master Plan.
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Cost: $277,588
Source of Funds: General Self-Financed Construction
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Recommended Action: Approval
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'ROUND ROCK,TEXAS
PURPOSE PA%1=PROSPERM x:
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
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FIRM: HALFF ASSOCIATES,INC. ("Engineer")
ADDRESS: 4030 W.Braker Lane, Suite 450, Austin,TX 78759
PROJECT: Storm Water Master Plan-Drainage Section
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THE STATE OF TEXAS
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COUNTY OF WILLIAMSON §
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THJ� CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on
this the�`[~-day of L.Prz- , 2012 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.
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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; 4
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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:
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Engineering Services Contract Rev.05/10
0199.7210;00257288 00192831
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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 fiilly a part of this Contract as if attached to this Contract or repeated herein.
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ARTICLE 1
CITY SERVICES
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City shall perform or provide services as identified in Exhibit A entitled"City Services." i
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 6
Manager.
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ARTICLE 3
CONTRACT TERM
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(1) Term. The Engineer is expected to complete the Engineering Set-vices 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
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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. i
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Two Hundred Seventy-Seven Thousand Five Hundred Eighty-Eight and No/100
Dollars ($277,588.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably r
only by written Supplemental Contract in the event of a change in Engineering Services as authorized by
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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.
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The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
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ARTICLE 5
METHOD OF PAYMENT
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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.
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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 i
subcontractor and its supplier concerning supplies, materials, or equipment delivered or i
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
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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
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City's Designated Representative for purposes of this Contract is as follows:
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Lance Shellenberger
Project Manager
Round Rock, Texas 78664
Telephone Number(512) 218-6604
Fax Number(512)218-5563
Email Address lslrellenberger@roundrocktexas.gov
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
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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:
Michael A. Moya, P.E., CFM
Vice President
4030 W. Braker Lane, Suite 450
Austin, TX 78759
Telephone Number(512) 777-4600
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Fax Number(512)252-8141
Email Address mmoya@halff.com
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ARTICLE 9
PROGRESS EVALUATION
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Engineer shall, from time to tune during the progress of the Engineering Services, confer with k
City at City's election. Engineer shall prepare and present such information as may be pertinent and r
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering it
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.
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Should City determine that the progress in Engineering Services does not satisfy the Work g
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;
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(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
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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.
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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 z.
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES i
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 i
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.
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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
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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 4
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City j
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, ;
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers. #
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is f
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that 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.
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ARTICLE 16
SUBCONTRACTING
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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 f
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering I,
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 f
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
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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
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of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
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(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 fiilfill its obligations as set forth
herein. i
(4) By City, for reasons of its own and not subject to the muhial consent of Engineer, upon
not less than thirty(30) days' written notice to Engineer.
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(5) By satisfactory completion of all Engineering Services and obligations described herein.
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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 fiilfill his/her/its contractual obligations, then City may take i
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, minimutn/maxinnum 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.
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ARTICLE 25
NON-COLLUSION,FINANCIAL INTEREST PROHIBITED
(1) Non-collision. 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.
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(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
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(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) 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. go
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(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:
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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 fixture coverage, or to City's Self-Insured Retentions of
whatever nature.
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(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
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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
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Records pertaining to the project, and records of accounts between City and Engineer, shall be I
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.
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ARTICLE 32
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NOTICES f
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:
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City of Rowed Rock
Attention: City Manager
221 East Main Street
Round Rock,TX 78664
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and to: t'
Stephan L. Sheets '
City Attorney
309 East Main Street
Round Rock,TX 78664
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Engineer:
Michael A. Moya, P.E., CFM
Vice President
4030 W. Braker Lane, Suite 450 E
Austin,TX 78759
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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/leer/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.
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(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.
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(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or finnished 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. A
(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 *Stephan
TO FO M:
By: / '
Alan McGraw, Mayor ts, City Attorney
ATTEST:
By:
Sara L. White, City Clerk
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HALFF ASSOCIATES, INC.
By:
Signature of Princip
Printed Name: el A ,i
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LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
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(5)Exhibit E Certificates of Insurance
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Exhibit A
City Services
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The City of Round Rock(CoRR)will provide the following information and perform the
following services:
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CITY OF ROUND ROCK'S RESPONSIBILITES
• CoRR will supply all available hydrologic and hydraulic models throughout the
City covering the limits of observation. All associated files,including workmaps '
and related GIS files shall also be provided. '
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• For the completion of Task 2.1, the City shall supply all available GIS data sets in
a shapefile or geodatabase format for integration into an ArcGIS environment.
• Supply drainage complaint files,roadway flooding records, structure flooding
records and available documentation of flood/erosion risk
• Provide access to the City's ArcGIS Server. Data shall be served as individual
layers exposed through a geoREST protocol suitable for integration into the
mobile mapping solution. Once the schema and domain of the data collection
records has been defined, the CoRR shall be responsible for creating and
maintaining a feature class on the City's ArcGIS server that allows read and write
access. During field data collection efforts, CoRR shall provide as need
maintenance to ensure the operation of their server.
• For a successful CIP plan it is necessary to have periodic work sessions to ensure
the City's vision and goals are being met. The CoRR staff stakeholders will be
required to participate in the following work sessions:
o 1.1 Project Kickoff Meeting
o 1.2 Project Work Session '
o 3.1 Prior to commencing each watershed investigation, a watershed
scoping meeting to discuss know storm water issues. (9 meetings total)
o 3.4 Assistance with project engineer to asses critical discovered issues(as
needed)
o 3.5 Selection of project requiring concept mitigation planning(9 meetings
total)
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Exhibit B
Engineering Services
INTRODUCTION
The purpose of this proposal is to provide engineering services to(1)assess the viability
of the City of Round Rock's storm water infiashucture, (2) identify problems and
develop conceptual solutions and(3)provide a systematic approach for allocating fiends `
for storm water projects for the City's capital improvement program.
BACKGROUND
Responsible for the public safety of their citizens,a periodic inventory and assessment of
drainage problems must be performed by the City. Issues likely include maintenance of
existing infrastructure, solving historically established flooding problems,and strategic f
regional projects to promote economic development in targeted growth areas.
Once projects are identified it is necessary to evaluate the(1)the level of investment
required, (2)the estimated benefits of that project, (3) and the time to implement the
project
aerations a►td Maintenance
With continued growth and development,existing streams and creeks can become
stressed leading to the deterioration of existing infrastructure. Over time stream
degradation can lead to a multitude of problems such as flooding,damaged utilities,
structurally weakened roadway crossings, and loss of property values.
Historical Flooding
Older developments, residential subdivisions and roads were frequently designed
utilizing an acceptable design criteria of that time. Over many years,the design
criteria has evolved making these older facilities at a greater risk of flooding
relative to those designed to modern standards. For these inherited historical issues,
it is necessary to identify the flooding problem,determine a solution and evaluate
the economic viability bringing these facilities to compliance with modern design {
standards.
Strategic Growth
Promoting prudent and responsible growth of the City can be accomplished by F
identifying strategic storm water management projects. These can include solutions t
such as a public/private venture to construct a regional detention pond,large scale
floodplain reclamation and dedicated protection of a riparian corridors.
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SCOPE OF WORK
The scope of work for this project has been divided into the following tasks:
• Task 1: Project Management
• Task 2: Pre-Processing
• Task 3: Field Data Collection
• Task 4: Project Analysis
• Task 5: City Wide Assessment
TASK 1: PROJECT MANAGEMENT
Effective project management is a critical leadership and management fiinction for a
successfirl project. This task consists of planning the project,executing the plan and making
necessary adjustments or changes when needed,as well as closing out the project when
work has been successfully completed. The project manager shall be the single point of
contact for all correspondences.
1.1 Project Kickoff
Through a project kickoff meeting,Halff Associates Inc.and(lie City of Round Rock k
will develop a project work plan and integrate new project team members from both
City and Engineer's staff. Tasks include:
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1. With City input, define project,resources,submittal procedures,control and
measures, schedules, billing instructions,change management process,
deliverables, goals,etc. 4
2. Provide to City,project work plan in technical memorandum format including
a schedule baseline. x
3. Prepare project team information and distribute to team members(firm name,
personnel,phone and fax numbers,mailing and email addresses,firm's and '
individual's responsibility or role.)
1.2 Project Work Session
Prior to commencing field work,a detailed coordination meeting with City staff will be
conducted to establish the technical and procedural details of the project.Tasks include:
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1. Establish a field work and study sequence for each of the nine (9)major
watershed basins.
2. Establish criteria and a database schema for data to be collected in the field.
This task includes the creation of a"mock-up"data sheet which will be used
as the basis for creating field collection digital tables. This schema,where
applicable,will attempt to integrate the data collected from the"City of a'
Round Rock, Storm Water Master Plan,Phase 1"dated September 2010.
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3. Establish criteria for site assessment(post field collection)utilizing the City's
current 14 category process based on public safety,economic impact,
environmental impact and project timing.
4. Set parameters and thresholds for the classification of projects for
prioritization including variables such as level of investment,estimated
benefits and implementation schedule.
TASK 2: PRE-PROCESSING
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To inventory storm water related issues in the City,this project includes a field
reconnaissance effort consisting of HalffAssociates' team staff physically walking the
creeks to identify and document issues. Field work will be performed with an internet
connected tablet computing device which allows for(1)instantaneous record logging,(2) r
geocoded records and photographs and(3)field access to the City's existing mapping data.
2.1 GIS Pre-Processing
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Proper assessment of drainage issues is a combination of field observation and desktop
analysis of the plans and data. To ensure field and office staff have access to the proper
information to diagnose drainage problems,a pre-processing effort is necessary.Tasks
include:
1. Inventory and compilation of available GIS data.
2. For table top analysis, preparation of a city-wide constraint map utilizing such
information as oithophotos, FEMA and City flood inundation maps, UBC
WCID Watershed Study, LiDAR, utility location, appraisal district parcels,
etc.
2.2 Mobile Field Data Collection Tool
Field data collection will be performed utilizing a cellar enabled tablet device. By
leveraging the map services already constructed and maintained by the City staff,Halff
will utilize the"ArcGIS for ESRI"application to view mapping data in the field and to
post records of observed issues. For this task data will be directly posted to the City of
Round Rocks ArcGIS Sever.
It is anticipated that minor modifications will be required to the"ArcGIS for ESRI"
application the project specific needs.
Tasks include:
1. Programming and development of the data logging application that ensure that
it:
a. Allow for the creation of data records in the assessment database
using per the approved form described in section 1.2.2.
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b. Log photographs of the denoted issue including a link to the data
record as well as location,direction and time of each photograph.
2. Coordinate with the City of Round Rock staff to verify tablet accessible
interface to the provided web map services for use in the field.
3. Develop a beta version of the collection mobile data collection tool. Meet
with City staff to demonstrate and discuss function and comments.
4. Address City comments regarding mobile data collection application and
finalize the custom tool.
TASK 3: FIELD DATA COLLECTION
The field data collection effort will be encapsulated by each of the nine(9)major
watersheds within the City. Progressing in the sequence agreed on in section 1.2.1,work on
each watershed will commence upon written notification by the City staff.
3.1 Watershed Scoping Meeting
After receiving notice to proceed to the next watershed,Halff Associates will conduct a
scoping work session with City staff for that watershed to obtain known historical
information. Tasks include:
1. Preparation of detailed GIS workrnap for team and staff discussion.
2. Attendance by Half 's project manager and members of each of the field ?'
teams conducting the initial site assessment.
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3.2 Initial Field Data Collection
Initial field data collection will be performed by a two man team consisting of at
minimum one Engineer-in-Training. This task will involve walking the streams and
utilizing the mobile logging device to denote problems areas.
Issues identified may include:
➢ Conveyance: Historical and observed structural flooding evidence
➢ Utilities: Exposed utilities;Aerial crossings; Possible wastewater leaks
➢ Erosion: Scour holes; Embankment sloughing;
➢ Infrastructure:Piping evidence; Asphalt heaving at stream crossings
➢ Maintenance: Buried and blocked culverts; Excessive vegetation and debris f
This study is limited to creeks and streams with a minimum contributing drainage area
of twenty(20)acres within the City's corporate and ETJ limits as listed in Table 1.
Stream within the Meadows of Chandler Creek will be included with this study. All
other areas within the jurisdiction of municipal utility districts(MUDS)are to be
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excluded. The specific limits of field observation for this contract were provided by
City staff. Refer to Figure 1 for a delineation of these Hrnits.
"i4wNwDfstanc�(tntleS),'
Brushy Creek 21.7
Chandler Branch 22.0 '
Dry Branch 12
Dry Fork Creek 1.5
Gilleland Creek 1.5
Lake Creek 11.2
McNutt Creek 2.2
Onion Branch 11.6
Rattan Creek 1.7
TOTAL 85.4
Table 1: Observation Limits per Watershed
Note: Halff Associates field crews will be limited to capturing and recording"critical"
items associated with flooding and erosion.
3.3 Internal Problem Assessment
Data and photographs of the observed trouble points from the initial field collection will
be reviewed by a Halff professional engineer who has minimum of ten years of design
experience. Combining table-top GIS data,this effort will sort through the acquired data
and determine locations where a secondary field collection data effort is needed. This
process will determine the need and priority for additional reconnaissance by a
professional engineer.
3.4 Secondary Field Data Collection
A professional engineer with a minimum of ten years of design experience will re-visit
each of the problem areas flagged by the"internal problem assessment". During this
secondary effort additional data will be logged with the mobile collection tool. The
professional engineer who performs this second-look will prepare a brief written
narrative(one paragraph)which describes the problem and proposed solution.
3.5 Project Identification
Halff will compile the cursory project and solution descriptions from the secondary field
effort for the subject watershed. This interim document will be provided to the City for
staff concurrence regarding projects that warrant a conceptual planning and costing
effort. At the completion of City staff review and project selection,Halff will attend a
meeting with staff to discuss alternative and desired mitigation design measures.
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TASK 4: PROJECT ANALYSIS
For each watershed,the City will select projects that require a mitigation plan. For each
selected project,a concept level design will be required so that the cost,benefits and project
duration can be evaluated. Once evaluated,these projects will be ranked and classified for
implementation.
4.1 Concept Mitigation Plan
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For each selected project,Halff will prepare a conceptual analysis of the flooding issues
utilizing City supplied hydrologic and hydraulic modeling as well as GIS data. One(1)
concept mitigation plan will be prepared for each designated project.
Note: The scope of the mitigation planning effort is limited to an aggregate maximum
of twenty five(25)selected projects across the City. Addition projects that require
conceptual planning can be performed as an additional service. E
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For Each Selected Project Tasks Include:
1. Review of the City supplied hydrologic, hydraulic and GIS data including the
UBC WCID Watershed Study to diagnose the contributing factors to the
problem.
2. Develop a one(1)page base map exhibit and/or sketch of the subject area and f
proposed mitigation design. This may be CADD, GIS, or sketches.
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3. Develop a narrative summary(maximum 2 pages)of the proposed project that F
at minimum provides: j
a. Project Name and Description
b. Benefits of implementing the project
c. History of flooding
d. Enviromnental constraints and permitting requirements
e. Potential project partners s
f. Conceptual opinion of probable construction cost
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4.2 Ranking and Categorizing Projects (per sub-basin)
Utilizing the systematic criteria established in section 1.2.4, for the completed sub-basin,
Halff will rank and categorize each evaluated project. Dependent on benefits, j
implementation and level of investment these projects will be segregated into categories
(RESERVE, STRATEGIC,ACTIVE and O&M). Scoring of each project will be
performed per criteria defined in section 1.2.3.
When scoring and ranking is complete, Halff will provide a draft watershed document
to City staff including each project concept mitigation plan(three pages per project)and
a summary ranking for projects in that watershed. l
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When comments from City staff are received,Halff will reconcile the requested f
revisions and submit a completed watershed analysis report.
TASK 5: CITY WIDE ASSESMENT
5.1 Master CIP Planning Document
At the completion of watershed assessments for the City's nine(9)major watersheds,
Halff will compile the mitigation plans and project rankings for the identified projects.
With the City's assistance,Halff will develop a strategic Capital Improvement Plan
document. This plan will be a written document and at minimum include:
1. Definition of ranking algorithm and project classification
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2. Master summary map of all identified projects including rankings and
proposed cost
3. Nine(9)maps identifying projects per watershed
4. CIP Prioritization scatter plots(project score vs. level of investment)
5. Individual project mitigation plan(3 pages each project)
6. Proposed plan for Capital Improvement Project implementation. (5 year k.
horizon)
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QA/QC
Throughout the project, to ensure that the final product satisfies the City of Round Rock,
Halff Associates shall implement its company prescribed procedures for quality
assurance and quality control. At the completion of each Task and prior to submittal to
the City,Halff will have the report and supporting data reviewed internally by a
designated Quality Assurance Manager(QAM). The QAM will be a professional
engineer licensed in the state of Texas with a minimum of 10 years of experience
applicable to the material being reviewed.
The QAM will provide an independent review of each project task and deliverable. The f
QC review process will include a review of field analysis and concept mitigation plans.
Reports will be reviewed for accuracy,neatness,uniformity,drafting, errors,omissions,
conflicts,spelling,grammar,completeness and conformance with the contract agreement.
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Exhibit C
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Work Schedule
Halff Associates Inc. can conunence work on this project within one week after notice-to-
proceed is received from the City of Round Rock. Halff anticipates the completion of all
effort and the submittal of a City wide comprehensive master drainage plan in September
of 2013. The contract milestones are as follows:
• Contract Award/Notice to Proceed: October 2012
• TASK 1: Project Management(Kickoff and Overall Work Session): Oct 2012
• TASK 2: Pre-Processing(Data management & Mobile Tool Preparation: Nov
2012
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• TASK 3: Field Data Collection
o This tasks will be completed in nine(9) separate efforts completed per x
City defined sequencing of watersheds studied. Halff anticipates field
collection of each watershed to take an average of three(3)weeks.
o City wide field data collection completion: May 2013
• TASK 4: Project Analysis
o At the completion of field data collection activities for each watershed,
Halff will commence project analysis for that completed basin. This effort r
will be performed concurrent to and slightly lag the field collection effort
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o City wide project analysis completion: Aug 2013
• TASK 5: City Wide Assessment(Master Summary Document): Oct 2013 s
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Exhibit D
Fee Schedule
Fee Summary
Task 1: Project Management $ 15,225
Task 2: Pre-Processing $ 11,245
Task 3: Field Data Collection $ 71,971
Task 4: Project Analysis $ 141,662
Task 5:City Wide Assessment $ 32,585
Total Engineering Services $ 272,688
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Direct Cost Estimates
Total Direct Cost Estimates $4,900
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GRAND TOTAL j $ 277,588
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
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