R-02-09-26-11D2 - 9/26/2002ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
Contract No.
G. O. Bond 2002 —South Creek Channel Imp.
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the 26 day of the month of September, 2002, by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664 -5299, (hereinafter referred to as "City "), and Espey Consultants, Inc.,
whose principal place of business is located at 3809 South 2nd Street, Suite B -300, Austin, TX -78704
(hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional
engineering services.
NOW, THEREFORE, WITNESSETH:
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;
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:
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
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ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be
Performed by Engineer."
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement may be accomplished within the specified time and at the specified
cost. The Work Schedule shall provide specific work sequences and definite review times by City and
Engineer of all work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close of
business on the 26 day of the month of May, 2003, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of
termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably
anticipates, that the work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time
extension by City prior to expiration of this Agreement.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work
delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
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ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of Fifty thousand six hundred fifty - eieht U. S. Dollars ($50,658.00) as shown in
Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written
Supplemental Agreement in the event of a change in scope, additional complexity from that originally
anticipated, or change in character of work as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is in progress. Engineer
shall prepare and submit to City, not more frequently than once per month, a progress report as
referenced in Article 4 above. Such progress report shall state the percentage of completion of work
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of work tasks
identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and
sufficient in its determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its
negligence.
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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 City receives the supplies, materials,
equipment, or within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials,
equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than
that which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by City in the event:
A. There is a bona fide dispute between City and Engineer conceming the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier conceming supplies, materials, or equipment delivered or
the services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Agreement or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
City shall issue a written authorization to proceed with work identified in the Scope of
Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer
relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Daniel Halden, P.E. [Name]
City Engineer [Title]
2008 Enterprise Drive [Address]
Round Rock, Texas 78664 [City, State, Zip]
(512) 218 -5555 [Telephone Number]
(512) 218 -5563 [Facsimile Number]
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Brian Reis, P.E. [Name]
Proiect Manager [Title]
3809 S. 2nd St., Suite B -300 [Address]
Austin, TX 78704 [City, State, Zip]
(512) 326 -5659 [Telephone Number]
(512) 326 -5723 [Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, confer with City at City's
election. Engineer shall prepare and present such information as may be pertinent and necessary, or as
may be requested by City, in order for City to evaluate features of the work. At the request of City or
Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations
designated by City. When requested by City, such conferences shall also include evaluation of
Engineer's services and work.
Should City determine that the progress in production of work does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the work, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; and such disclosure shall be
accompanied by statement of actions taken or contemplated, and City assistance needed to
resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the work schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, then such
suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is
beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for
actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly
associated with the performance of the work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems it necessary to request changes to previously satisfactorily completed work or
parts thereof which involve changes to the original scope of services or character of work under this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work authorized hereunder as are necessary to correct errors
appearing therein, when required to do so by City. No additional compensation shall be due for such
work.
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ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement if City
determines that there has been a significant change in (1) the scope, complexity or character of the
service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Tenn."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Agreement are the exclusive property of City and shall be furnished
to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Agreement. Engineer, at
his/her /its own expense, may retain copies of such documents or any other data which he/she /it has
famished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of
all services, and adequate and sufficient personnel and equipment to perform the services as required.
All employees of Engineer shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or
whose conduct becomes detrimental to the work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he/she /it presently has adequate qualified
personnel in his/her /its employment for performance of the services required under this Agreement, or
will obtain such personnel from sources other than City. Engineer may not change the Project Manager
without prior written consent of City.
Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
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ARTICLE 15
PERSONNEL, EOUIPMENT AND MATERIAL
ARTICLE 16
SUBCONTRACTING
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the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work performed or being performed hereunder and the premises on which it is
being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor,
then Engineer shall provide and require its subcontractors to provide all reasonable facilities and
assistance for the safety and convenience of City or other representatives in the performance of their
duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Agreement may be terminated before the stated termination date by any of the following
conditions.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perfonn the services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the
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work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work
at termination will be based on a percentage of the work completed at that time. Should City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
Engineer in performing the work to the date of default, the amount of work required which was
satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City
of employing another firm to complete the work required and the time required to do so, and other
factors which affect the value to City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the scope of services under this
Agreement.
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ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Agreement,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of
the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attomeys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make
necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be
done without compensation. City shall determine Engineer's responsibilities for all questions arising
from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent
correction of any such errors or omissions or for clarification of any ambiguities until after the
construction phase of the project has been completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON - COLLUSION. FINANCIAL INTEREST PROHIBITED
(1) Non - collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement without liability or, in its discretion and at its sole election,
to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(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.
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(3)
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
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ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Agreement is in effect minimum insurance coverage in the amount of One Million
Dollars ($1,000,000.) from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in
the amount of One Million Dollars ($1,000,000.), including the required provisions and additional
policy conditions as shown immediately below in Subsection (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -
renewal or any material change in coverage, a notice thereof shall be given to City by
certified mail to:
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) Companies issuing the insurance policies shall have no recourse against City for payment of
any premiums or assessments for any deductibles which all are at the sole responsibility and
risk of Engineer.
The term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees
and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
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held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever
nature.
(5) Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Engineer shall be bome solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such certificates of insurance are evidenced herein as Exhibit F
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Agreement may only be amended or supplemented by mutual agreement of the parties
hereto in writing.
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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. The City reserves the right to review all records it deems
relevant which are related to this Agreement.
All notices to either party by the other required under this Agreement shall be personally
delivered or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attomey
309 East Main Street
Round Rock, TX 78664
Engineer:
Brian K. Reis, P.E.
Managing Engineer
Espey Consultants, Inc.
3809 South 2 Street, Ste. B -300
Austin, TX -78704
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that
any failure of Engineer to complete the services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of City's additional legal rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
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ARTICLE 33
ENGINEER'S ACCOUNTING RECORDS
ARTICLE 34
NOTICES
ARTICLE 35
GENERAL PROVISIONS
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performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Agreement shall be govemed by and construed in accordance with the laws and court decisions of
the State of Texas.
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he /she has executed this Agreement and that he /she has full and
complete authority to enter into this Agreement on behalf of the firm. The above - stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
R- o,2- o9- ,-9, -i/nz , approved by the City Council on the e24 day of the month of
SG rnpF„( , 2002, and Engineer, Espey Consultants Inc., signing by and through
his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns
and representatives for the faithful and full performance of the terms and provisions hereof.
ATTE T:
By:
City Secretary
ENGINE
By : 7ilG.
Au horized Signature
Printed Name: )3,/a 14A1 k. 12E /s
ATTEST:
ARTICLE 36
SIGNATORY WARRANTY
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By:
Corporate Secretary
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CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
LIST OF EXHIBITS ATTACHED
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
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CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT A
"Services to be Performed by City."
The scope of services to be performed by the City is to facilitate the preliminary engineering for
channel and drainage improvements generally shown in Exhibit B, by administering this contract and
reviewing the work performed by the engineer.
1. The City shall provide to the engineer, without charge, copies as needed of all available maps,
plans, as-built drawings and any other information relevant to the project.
2. The City shall provide "Right of Entry" (Landowner permission) if necessary for the engineer or
his subconsultants to access private property for right -of -way and design surveys or other
reasons to perform the work.
3. The City shall have a representative attend any public meetings held relative to the project and
will be responsible for fees for any space rental required for said meetings.
4. The City shall meet with the engineer on a periodic basis to review the progress of the work, to
answer questions from the engineer, and for the purpose of commenting on the work.
16
The scope of this project includes the development of channel improvement options within both of the
large channels in the South Creek Subdivision (Dry Branch and Dry Branch Tributary No. 1),
improvements at Green Slopes, and improvements at Gattis School Road (see Attachment 1). This
Phase I scope is limited to analysis and development of preliminary design alternatives, including cost
estimates, for consideration by staff. It does not include detailed design or development of construction
plans which will be included in a Phase 11 scope.
South Creek Channel Improvements — Work
includes development of preliminary design
alternatives that include clearing, shaping, installation
of pilot channel, modification of concrete box
culverts, installation of maintenance access points, and
re- vegetation. The purpose is to maintain, or increase,
conveyance capacity of the channel systems and
improve the channel systems in the interest of
appearance and future maintenance. This phase will
also include the identification of water and wastewater
lines, including services that are in conflict with the
proposed improvements.
1. Data Collection — EC will collect and
review associated reports and construction
plans made available by the City of Round
Rock. EC will identify field survey and
mapping needs, and obtain necessary field
design surveys through a subconsultant.
However, additional field survey may be
necessary in Phase 11 based on the results
in Phase I.
2. Hydrologic Analysis — EC will conduct a
hydrologic analysis of the watersheds
using HEC -1. The analysis will include 1)
current conditions (existing land use and
existing detention facilities); 2) ultimate
conditions with existing detention (ultimate build out of the watershed and existing detention
facilities); and 3) ultimate conditions without detention. EC will compare the results of the
CAM Documents Vdh\screck channel imp- G02002- espeydoc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT B
"Services to be performed by the Engineer."
17
Dry Branch: Loo ing upstream at Mimosa Trai from
confluence with Tributary No 1.
Dry Branch Tributary No. 1: Upstream from Logan Street.
analyses as appropriate in order to support computed peak flow rates. Peak flow rates will be
computed for the 2 -year, 10 -year, 25 -year, and 100 -year design storms. EC will evaluate
various design storms (TP- 40/HYDRO -35, City of Austin and USGS) and distribution
(balanced, SCS Type III, etc.), and make a final recommendation to the City of Round Rock
regarding the most appropriate design storm for use on this project.
3. Hydraulic Analysis — Based on the field survey information, EC will develop a hydraulic
model (HEC -RAS) of Dry Branch, and revise the hydraulic model on Dry Branch Tributary
No. 1 prepared by EC as part of the AW Grimes Road improvement project as appropriate.
Using computed peak flow rates from the hydrologic analysis (Task 2), EC will compute
water surface profiles for the 2 -year, 10 -year, 25 -year, and 100 -year design storms. The final
published water surface profiles in this study will include all design storms for the existing
conditions, and, based on consultation between the City and the Engineer, either the 100 -year
profile from the ultimate conditions with existing detention or the ultimate conditions without
detention.
4. Preliminary Design — Based on the conveyance requirements of the system, EC will develop
design alternatives to improve low flow conditions through the channels utilizing an
appropriate application of low flow pilot channels, channel bottom configurations and side
slope design. EC will develop 2 to 3 typical channel sections and corresponding plan views
of the systems. The pilot channel design options may include a concrete alternative, natural
channel design features (riffles and pools), dry stack walls, rock cut, etc. The design may
also include modification to grade control structures (e. g. culverts, weirs, etc.). While the
limits of the project are shown on Attachment 1, improvements may extend downstream
from these reaches as necessary to obtain adequate outfall depth.
5. Preliminary Design Report — EC will prepare a preliminary design report that includes
hydrologic and hydraulic model output, discussion of analyses, cost estimates and
recommendations. The report will also include a summary of any permit requirements,
special considerations to be included in the design phase, and project phasing plan. EC will
submit a draft report and a final report to the City.
6. Public Presentations — EC will attend and coordinate, with the assistance of a subconsultant,
one (1) public meeting to discuss the project scope and solicit input. EC will also be
available to make 1 presentation to council.
South Creek Improvements at Green Slopes Park —
The street drainage and stone sewer collection system
near the intersection of Greenlawn Boulevard and
Parkside Drive that outfalls into Dry Branch Tributary
No. 1 routinely experiences ponding/flooding during
storm events. The purpose of this project is to assess
this local drainage condition and prepare preliminary
design alternatives aimed at alleviating the adverse
conditions for consideration by the City of Round
Rock. The selected design alternative may or may not
be included in the Phase I1 design.
18 Greenlawn Blvd: Looking southerly toward outfall (left
side of picture).
1. Data Collection - EC will collect and review available reports and construction plans made
available by the City of Round Rock. EC will identify field survey and mapping needs, and
obtain necessary field design surveys through a subconsultant.
2. Analysis — EC will estimate design flow rates
for this system and prepare hydraulic
calculations to estimate existing conveyance
conditions and deficiencies with the existing
system. EC will analyze tailwater conditions
on Dry Branch Tributary No. 1, and their
effects on this tributary outfall system.
3. Recommendations — EC may prepare up to 2
preliminary design alternatives for
consideration by the City of Round Rock. The
recommendations will be included in a
summary letter with supporting design
sketches and construction cost estimates.
South Creek Improvements at Gattis School Road
— Dry rock rip -rap placed immediately upstream and
downstream of Gattis School Road along Dry Branch
Tributary No. 1 has been dislodged due to shear forces
incurred during significant flood events. While some
of the material is still in place, some areas do not
adequately serve to protect the channel banks in
critical areas including bends.
1. Data Collection - EC will collect and review
available reports and construction plans made
available by the City of Round Rock. EC will
identify field survey and mapping needs, and
obtain necessary field design surveys through
a subconsultant.
2. Analysis — EC will estimate design flows,
compute hydraulic grade lines and the
corresponding shear stresses through this
channel reach.
3. Recommendations — EC may develop up to 3
stable channel revetment alternatives for
consideration by the City of Round Rock. EC
may consider standard rip rap design methods
developed by the Corps of Engineers, gabions,
turf reinforcement mats, etc. The
C:AMy DocumentsldMscreek channel imp- G02002- espey.doc
19
Greenlawn Blvd.: Looking downstream along outfall to
Dry Branch Tributary No. 1..
Dry Branch Tributary No. 1:
Gattis School Road.
Looking upstream toward
Dry Branch Tributary No. 1; Looking upstream toward
Gattis School Road (western bank).
recommendations will be included in a summary letter with supporting design sketches and
construction cost estimates.
20
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Southcreek Channel Improvement
Attachment 1
ROUND ROCK, TEXAS
P.0 RPM WA., ProW13111,
October 1
Authorization to Proceed
December 17
Draft Report
January 30
Final Report
Date to be determined
Public Meeting
C: \My Documents \dh\screek channel imp- G02002-espey.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT C - WORK SCHEDULE
21
I LABOR COST DETAIL
Man -Hour Estimate by Labor Classification
Subtotals
Time Cost
(hrs) ($)
Description Principal
Project Engineering
Manager Staff Technician Clerical
South Creek Channel Improvements
1 Data Collection
8 16 8
32
$ 764
2 Hydrologic Analysis 2
12 48 16
78
$ 1,922
3 Hydraulic Analyis
4 16 12
32
$ 702
4 Preliminary Design 2
24 40 16
82
$ 2,118
5 Report 1
8 24 24 16
73
$ 1,537
6 Public Presentations (3 meetings) 4
12 12 8 4
40
$ 1,152
South Creek at Green Slopes Park
1 Data Collection
2 4 2
8$ 191
2 Analysis
4 20 2
26
$ 631
3 Recommendations
8 16 8
32
$ 764
South Creels at Gettis School Road
1 Data Collection
2 4 2
8$ 191
2 Analysis
12 28 8
48
$ 1,174
3 Recommendations
12 24 12
48
$ 1,146
subtotals: 9
average raw labor rate: $ 73.00
108 252 118 20
$ 32.00 $ 23.50 $ 16.50 $ 15.50
507
$ 12,292
subtotal by labor classification: $ 657
$ 3,456 $ 5,922 $ 1,947 $ 310
Direct Labor Overhead Rate (Fringe Benefit) 31% X Labor
$ 3,811
General and Administrative Overhead Rate 138% X Labor
$ 16,963
profit (12% of total labor cost)
$ 3,968
II SUMMARY
Labor
$ 37,033
Expenses (mileage, courier, reproduction, etc.):
$ 500
Subconsultants (includes 5% markup)
Martha Ferrero Juch, P. E., Inc.
$ 7,140
Austin Surveyors
$ 5,985
All City Surveying
$ 3,990
TOTAL:
$ 50,658
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT D — FEE SCHEDULE
22
C:\My Documents\dh\screek channel imp - 602002- espey.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT E - WORK AUTHORIZATIONS
(Behind this page)
23
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT F - CERTIFICATES OF INSURANCE
(Behind this page)
24
•
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Texas Associates Insurors
1114 Lost Creek Blvd. Ste. 400
Austin, TX 78746
512 - 328 -7676
INSURED Espey Consultants Inc.
3809 5. 2nd #B -300
Austin, TX 78704
THIS IS TO CERTIFY THAT the Insured named above is
the business operations hereinafter described, for the types
the standard policies used by the companies, and further
noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER
GENERAL LIABILITY
A Occurrence Form 65SBAER7175 04/01/02
AUTOMOBILE LIABILITY
A Hired & Non -Owned 65SBAER7175 04/01/02
Liability
EXCESS LIABILITY
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
A Workers Compensation 65WECZK3818 04/01/02
OTHER
B Professional Liability PRA113965755 04/16/02
C
DATE DATE
04/01/03
04/01/03
04/01/03
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS/EXCEPTIONS
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attn: Bob L. Bennett, Ir., AICP
Cert of Insrr CORR .dac
Date: September 11, 2002
COMPANIES AFFORDING COVERAGE
A Hartford Insurance Company
B CNA Insurance Companies
D
insured by the Companies listed above with respect to
of insurance and in accordance with the provisions of
hereinafter described. Exceptions to the policies are
LIMITS
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
$ 2, 000, 000.
$ 2, 000, 000.
$ 1,000,000.
$ 1,000,000.
FIRE DAMAGE (Ay one fire) $ 300, 000.
MED. EXPENSE (Any ono person) $ 10,000.
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per occident) $
PROPERTY DAMAGE $
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
04/16/03 Per Claim $1,000,000.
Aggregate $1,000,000.
$
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability.
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
ZED REPRESENTATIVE
$ 1,000,000.
1,000,000.
$ 1,000,000.
$ 1,000,000.
Mayor
Nyle Maxwell
Mayor Pro -tem
Tom Nielson
Council Members
Alan McGraw
Carrie Pin
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
October 21, 2002
Mr. Brian K. Reis, P.E.
Project Manager
Espey Consultants, Inc.
3809 South 2nd Street, Ste. B -300
Austin, TX 78704
Dear Mr. Reis:
The Round Rock City Council approved Resolution No. R- 02- 09 -26-
11D2 at their regularly scheduled meeting on September 26, 2002.
This resolution approves an Agreement for Engineering Services with
Espey Consultants, Inc., for the G.O. Bond 2002 South Creek Channel
Improvement.
Enclosed is a copy of the resolution and original Agreement for your
files. If you have any questions, please do not hesitate to contact
Danny Halden at 218 -6610.
Sincerely,
Christine R. Martinez
City Secretary
Enclosure
X71
CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664
Phone: 512.218.5400 • Fax: 512.218.7097 • www.cisound-rock.tx.us
RESOLUTION NO. R- 02- 09 -26- d 1 D oU
WHEREAS, the City of Round Rock desires to retain engineering
services for the G. O. Bond 2002 South Creek Channel Improvement, and
WHEREAS, Espey Consultants, Inc. has submitted an Agreement for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Espey Consultants, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Engineering Services with Espey
Consultants, Inc., for the G. O. Bond 2002 South Creek Channel
Improvement, a copy of said agreement being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended
RESOLVED this 26th day of Septembe 20s
N f, i
ST:
CHRISTINE R. MARTINEZ, City Secr ary
O: \wdox \RESOLUTI \R2092602.WP /cmc
Cit
Mayor
f Round Rock, Texas
ROUND ROCK, TEXAS
PURPOSE PASSION. PROSPERITY
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
RECITALS:
Contract No.
G. O. Bond 2002 —South Creek Channel Imp.
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the 26 day of the month of September, 2002, by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664 -5299, (hereinafter referred to as "City "), and Espey Consultants, Inc.,
whose principal place of business is located at 3809 South 2nd Street, Suite B -300, Austin, TX -78704
(hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional
engineering services.
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement conceming the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
1
EXHIBIT
II All
ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform engineering services as identified in Exhibit 13 entitled "Services to be
Performed by Engineer."
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement may be accomplished within the specified time and at the specified
cost. The Work Schedule shall provide specific work sequences and definite review times by City and
Engineer of all work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term, This Agreement shall be from the date hereof and shall terminate at the close of
busin on the 26 day of the month of May. 2003, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of
termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably
anticipates, that the work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time
extension by City prior to expiration of this Agreement.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work
delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
2
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of Fifty thousand six hundred fifty -eight U. S. Dollars ($50,658.00) as shown in
Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written
Supplemental Agreement in the event of a change in scope, additional complexity from that originally
anticipated, or change in character of work as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is in progress. Engineer
shall prepare and submit to City, not more frequently than once per month, a progress report as
referenced in Article 4 above. Such progress report shall state the percentage of completion of work
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of work tasks
identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and
sufficient in its determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which City receives the supplies, materials,
equipment, or within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials,
equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than
that which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by City in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Agreement or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
City shall issue a written authorization to proceed with work identified in the Scope of
Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer
relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Daniel Halden, P.E. [Name]
City Engineer [Title]
2008 Enterprise Drive [Address]
Round Rock, Texas 78664 [City, State, Zip]
(512) 218 -5555 [Telephone Number]
(512) 218 -5563 [Facsimile Number]
4
City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Brian Reis, P.E. [Name]
Project Manager [Title]
3809 S. 2nd St. Suite B -300 [Address]
Austin, TX 78704 [City, State, Zip]
(512) 326 -5659 [Telephone Number]
(512) 326 -5723 [Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, confer with City at City's
election. Engineer shall prepare and present such information as may be pertinent and necessary, or as
may be requested by City, in order for City to evaluate features of the work. At the request of City or
Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations
designated by City. When requested by City, such conferences shall also include evaluation of
Engineer's services and work.
Should City determine that the progress in production of work does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the work, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; and such disclosure shall be
accompanied by statement of actions taken or contemplated, and City assistance needed to
resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the work schedule goals sooner
than anticipated.
C:\My Documents \dMsc eek channel imp- G02002cspey.doc
5
ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, then such
suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he/she /it has been directed to perform is
beyond the scope of this Agreement and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City fmds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for
actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly
associated with the performance of the work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems it necessary to request changes to previously satisfactorily completed work or
parts thereof which involve changes to the original scope of services or character of work under this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work authorized hereunder as are necessary to correct errors
appearing therein, when required to do so by City. No additional compensation shall be due for such
work.
6
The terms of this Agreement may be modified by written Supplemental Agreement if City
determines that there has been a significant change in (1) the scope, complexity or character of the
service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Term."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work performed.
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Agreement are the exclusive property of City and shall be furnished
to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Agreement. Engineer, at
his/her /its own expense, may retain copies of such documents or any other data which he/she /it has
furnished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of
all services, and adequate and sufficient personnel and equipment to perform the services as required.
All employees of Engineer shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or
whose conduct becomes detrimental to the work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he /she/it presently has adequate qualified
personnel in his/her /its employment for performance of the services required under this Agreement, or
will obtain such personnel from sources other than City. Engineer may not change the Project Manager
without prior written consent of City.
Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
C:U9y Documents Wh\screek channel imp- G02002- espey.doc
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
ARTICLE 14
OWNERSHIP OF DOCUMENTS
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
ARTICLE 16
SUBCONTRACTING
7
the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work performed or being performed hereunder and the premises on which it is
being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor,
then Engineer shall provide and require its subcontractors to provide all reasonable facilities and
assistance for the safety and convenience of City or other representatives in the performance of their
duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Agreement may be terminated before the stated termination date by any of the following
conditions.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should City terminate this Agreement as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the
8
work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work
at termination will be based on a percentage of the work completed at that time. Should City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
Engineer in performing the work to the date of default, the amount of work required which was
satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City
of employing another firm to complete the work required and the time required to do so, and other
factors which affect the value to City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the scope of services under this
Agreement.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Agreement,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of
the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
C:M7y Documents\dh\screek channel imp- G02002cspey.doc
9
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make
necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be
done without compensation. City shall determine Engineer's responsibilities for all questions arising
from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent
correction of any such errors or omissions or for clarification of any ambiguities until after the
construction phase of the project has been completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON - COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non - collusion. Engineer warrants that he/she /it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Agreement, and that he /she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement without liability or, in its discretion and at its sole election,
to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(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.
10
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Agreement is in effect minimum insurance coverage in the amount of One Million
Dollars ($1,000,000.) from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in
the amount of One Million Dollars ($1,000,000.), including the required provisions and additional
policy conditions as shown immediately below in Subsection (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -
renewal or any material change in coverage, a notice thereof shall be given to City by
certified mail to:
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
C:Vvly Documents dh screek channel imp.G02002- espey.doc
ARTICLE 26
INSURANCE
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) Companies issuing the insurance policies shall have no recourse against City for payment of
any premiums or assessments for any deductibles which all are at the sole responsibility and
risk of Engineer.
(3) The term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees
and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
11
held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever
nature.
(5) Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Engineer shall be home solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such certificates of insurance are evidenced herein as Exhibit F
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Agreement may only be amended or supplemented by mutual agreement of the parties
hereto in writing.
12
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Agreement.
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attomey
309 East Main Street
Round Rock, TX 78664
Engineer:
Brian K. Reis, P.E.
Managing Engineer
Esnev Consultants, Inc.
3809 South 2 Street, Ste. B -300
Austin, TX -78704
C:W7y Documents\dh\onion branch studycspey.doc
ARTICLE 33
ENGINEER'S ACCOUNTING RECORDS
ARTICLE 34
NOTICES
All notices to either party by the other required under this Agreement shall be personally
delivered or mailed to such party at the following respective addresses:
ARTICLE 35
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that
any failure of Engineer to complete the services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of City's additional legal rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
13
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Agreement shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he /she has executed this Agreement and that he /she has full and
complete authority to enter into this Agreement on behalf of the firm. The above - stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
, approved by the City Council on the day of the month of
, 2002, and Engineer, Espev Consultants, Inc., signing by and through
his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns
and representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS:
By:
Mayor
ATTEST:
By:
City Secretary
ENGINEER:
By:�
Au homed ignature
Printed Name: i3ja lair k • T257S
ATTEST:
ARTICLE 36
SIGNATORY WARRANTY
By:
Corporate Secretary
14
C:U4y Documents'dh \screek channel imp - 602002- espey -dec
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
LIST OF EXHIBITS ATTACHED
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
15
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT A
"Services to be Performed by City."
The scope of services to be performed by the City is to facilitate the preliminary engineering for
channel and drainage improvements generally shown in Exhibit B, by administering this contract and
reviewing the work performed by the engineer.
1. The City shall provide to the engineer, without charge, copies as needed of all available maps,
plans, as -built drawings and any other information relevant to the project.
2. The City shall provide "Right of Entry" (Landowner permission) if necessary for the engineer or
his subconsultants to access private property for right -of -way and design surveys or other
reasons to perform the work.
3. The City shall have a representative attend any public meetings held relative to the project and
will be responsible for fees for any space rental required for said meetings.
4. The City shall meet with the engineer on a periodic basis to review the progress of the work, to
answer questions from the engineer, and for the purpose of commenting on the work.
16
EXHIBIT B
"Services to be performed by the Engineer."
The scope of this project includes the development of channel improvement options within both of the
large channels in the South Creek Subdivision (Dry Branch and Dry Branch Tributary No. 1),
improvements at Green Slopes, and improvements at Gattis School Road (see Attachment 1). This
Phase I scope is limited to analysis and development of preliminary design alternatives, including cost
estimates, for consideration by staff. It does not include detailed design or development of construction
plans which will be included in a Phase II scope.
South Creek Channel Improvements — Work
includes development of preliminary design
alternatives that include clearing, shaping, installation
of pilot channel, modification of concrete box
culverts, installation of maintenance access points, and
re- vegetation. The purpose is to maintain, or increase,
conveyance capacity of the channel systems and
improve the channel systems in the interest of
appearance and future maintenance. This phase will
also include the identification of water and wastewater
lines, including services that are in conflict with the
proposed improvements.
1. Data Collection — EC will collect and
review associated reports and construction
plans made available by the City of Round
Rock. EC will identify field survey and
mapping needs, and obtain necessary field
design surveys through a subconsultant.
However, additional field survey may be
necessary in Phase II based on the results
in Phase L
2. Hydrologic Analysis — EC will conduct a
hydrologic analysis of the watersheds
using HEC -1. The analysis will include 1)
current conditions (existing land use and
existing detention facilities); 2) ultimate Pry eranc Tn.utary No. 1: Upstream m Logan Street
conditions with existing detention (ultimate build out of the watershed and existing detention
facilities); and 3) ultimate conditions without detention. EC will compare the results of the
C:uwy oocumvosl h\screek channel inm{102002-espey.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
17
g upstream at m;mosa Tnv
confluence with Tributary No. 1.
analyses as appropriate in order to support computed peak flow rates. Peak flow rates will be
computed for the 2 -year, 10 -year, 25 -year, and 100 -year design storms. EC will evaluate
various design storms (TP- 40/HYDRO -35, City of Austin and USGS) and distribution
(balanced, SCS Type III, etc.), and make a final recommendation to the City of Round Rock
regarding the most appropriate design storm for use on this project.
3. Hydraulic Analysis — Based on the field survey information, EC will develop a hydraulic
model (HEC -RAS) of Dry Branch, and revise the hydraulic model on Dry Branch Tributary
No. 1 prepared by EC as part of the AW Grimes Road improvement project as appropriate.
Using computed peak flow rates from the hydrologic analysis (Task 2), EC will compute
water surface profiles for the 2 -year, 10 -year, 25 -year, and 100 -year design storms. The final
published water surface profiles in this study will include all design storms for the existing
conditions, and, based on consultation between the City and the Engineer, either the 100 -year
profile from the ultimate conditions with existing detention or the ultimate conditions without
detention.
4. Preliminary Design — Based on the conveyance requirements of the system, EC will develop
design alternatives to improve low flow conditions through the channels utilizing an
appropriate application of low flow pilot channels, channel bottom configurations and side
slope design. EC will develop 2 to 3 typical channel sections and corresponding plan views
of the systems. The pilot channel design options may include a concrete alternative, natural
channel design features (riffles and pools), dry stack walls, rock cut, etc. The design may
also include modification to grade control structures (e. g. culverts, weirs, etc.). While the
limits of the project are shown on Attachment 1, improvements may extend downstream
from these reaches as necessary to obtain adequate outfall depth.
5. Preliminary Design Report — EC will prepare a preliminary design report that includes
hydrologic and hydraulic model output, discussion of analyses, cost estimates and
recommendations. The report will also include a summary of any permit requirements,
special considerations to be included in the design phase, and project phasing plan. EC will
submit a draft report and a final report to the City.
6. Public Presentations — EC will attend and coordinate, with the assistance of a subconsultant,
one (1) public meeting to discuss the project scope and solicit input. EC will also be
available to make 1 presentation to council.
South Creek Improvements at Green Slopes Park —
The street drainage and storm sewer collection system
near the intersection of Greenlawn Boulevard and
Parkside Drive that outfalls into Dry Branch Tributary
No. 1 routinely experiences ponding/flooding during
storm events. The purpose of this project is to assess
this local drainage condition and prepare preliminary
design alternatives aimed at alleviating the adverse
conditions for consideration by the City of Round
Rock. The selected design alternative may or may not
be included in the Phase II design.
18 Greenlawn Blvd: Looking southerly toward outfall (left
side of picture).
1. Data Collection - EC will collect and review available reports and construction plans made
available by the City of Round Rock. EC will identify field survey and mapping needs, and
obtain necessary field design surveys through a subconsultant.
2. Analysis — EC will estimate design flow rates
for this system and prepare hydraulic
calculations to estimate existing conveyance
conditions and deficiencies with the existing
system. EC will analyze tailwater conditions
on Dry Branch Tributary No. 1, and their
effects on this tributary outfall system.
3. Recommendations — EC may prepare up to 2
preliminary design alternatives for
consideration by the City of Round Rock. The
recommendations will be included in a
summary letter with supporting design
sketches and construction cost estimates.
South Creek Improvements at Gattis School Road
— Dry rock rip-rap placed immediately upstream and
downstream of Gattis School Road along Dry Branch
Tributary No. 1 has been dislodged due to shear forces
incurred during significant flood events. While some
of the material is still in place, some areas do not
adequately serve to protect the channel banks in
critical areas including bends.
1. Data Collection - EC will collect and review
available reports and construction plans made
available by the City of Round Rock. EC will
identify field survey and mapping needs, and
obtain necessary field design surveys through
a subconsultant.
2. Analysis — EC will estimate design flows,
compute hydraulic grade lines and the
couesponding shear stresses through this
channel reach.
3. Recommendations — EC may develop up to 3
stable channel revetment alternatives for
consideration by the City of Round Rock. EC
may consider standard rip rap design methods
developed by the Corps of Engineers, gabions,
turf reinforcement mats, etc. The
C:UNy Documents \ dhlscreek charmer imp- GO2002-espey.doc
19
Greenlawn Blvd: Looking downstream along outfall to
Dry Branch Tributary No. l..
pry Branch Tributary No. 1: Looking upstream toward
Gatti; School Road.
pry Branch Tributary No. l: Looking upstream toward
Gattis School Road (western bank).
recommendations will be included in a summary letter with supporting design sketches and
construction cost estimates.
20
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11p1 {1111111
�1111{Illll{{11U I�/��/
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Southcreek Channel Improvement
Attachment 1
October 1
Authorization to Proceed
December 17
Draft Report
January 30
Final Report
Date to be determined
Public Meeting
C:\My Documents \dh\screek channel imp- G02002cspey.doc
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT C — WORK SCHEDULE
21
I LABOR COST DETAIL
Man -Hour Estinmte by Labor Classification
Subtotals
Time Cost
(hrs) (5)
Description Principal
Project Engineering
Manager Staff Technician Clerical
South Creek Channel Improvements
1 Data Collection
8 16 8
32 $ 764
2 Hydrologic Analysis 2
12 48 16
78 $ 1,922
3 Hydraulic Analyis
4 16 12
32 $ 702
4 Preliminary Design 2
24 40 16
82 $ 2,118
5 Report 1
8 24 24 16
73 $ 1,537
6 Public Presentations (3 meetings) 4
12 12 8 4
40 $ 1,152
South Creek at Green Slopes Park
1 Data Collection
2 4 2
8$ 191
2 Analysis
4 20 2
26 $ 631
3 Recommendations
8 16 8
32 $ 764
South Greek at Gatds School Road
1 Data Collection
2 4 2
8$ 191
2 Analysis •
12 28 8
48 $ 1,174
3 Recommendations
12 24 12
48 $ 1,146
subtotals: 9
108 252 118 20
507 $ 12,292
average raw labor rate: $ 73.00
$ 32.00 $ 23.50 $ 16.50 $ 15.50
subtotal by labor classification: $ 657
$ 3,456 $ 5,922 $ 1,947 $ 310
D Labor Overhead Rate (Fringe Benefit) 31% X Labor $ 3,811
General and Administrative Overhead Rate 138% X Labor 5 16,963
profit (12% of total labor cost) $ 3,968
II SUMMARY
Labor
$ 37,033
Expenses (mileage, courier, reproduction, etc.):
5 500
Subconsultants (includes 5 % markup)
Martha Ferrero Juch, P. E., Inc.
$ 7,140
Austin Surveyors
5 5,985
All City Surveying
$ 3,990
TOTAL: $ 50,658
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT D - FEE SCHEDULE
22
C-\My Documenuldh screek channel imp- G02002cspey.dac
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT E - WORK AUTHORIZATIONS
(Behind this page)
23
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
Espey Consultants, Inc.
G. O. Bond 2002 —South Creek Channel Imp.
EXHIBIT F — CERTIFICATES OF INSURANCE
(Behind this page)
24
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Texas Associates Insurors
1114 Lost Creek Blvd. Ste. 400
Austin, TX 78746
512- 328 -7676
INSURED Espey Consultants Inc.
3809 S. 2nd #B -300
Austin, TX 78704
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to
the business operations hereinafter described, for the types of insurance and in accordance with the provisions of
the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are
noted below.
C
D
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
GENERAL LIABILITY
A Occurrence Form 65SBAER7175 04/01/02 04/01/03
AUTOMOBILE LIABILITY
A Hired & Non -Owned 65SBAER7175 04/01/02 04/01/03
Liability
EXCESS LIABILITY
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
A Workers Compensation 65WECZK3818 04/01/02 04/01/03
OTHER
B Professional Liability PRA113965755 04/16/02
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Attn: Bob L. Bennett, Jr., AICP
Celt of Insur CORR .doc
Date:September 11, 2002
COMPANIES AFFORDING COVERAGE
A Hartford Insurance Company
B CNA Insurance Companies
GENERAL AGGREGATE $ 2,000,000.
PRODUCTS- COMP/OP AGG. $ 2,000,000.
PERSONAL &ADV. INJURY $ 1,000,000.
EACH OCCURRENCE $ 1.000.000.
FIRE DAMAGE (Any one fire) $ 300,000.
MED. EXPENSE (Any ‘nn person) $ 1
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
EACH OCCURRENCE $
AGGREGATE $
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
04/16/03 Per Claim $1,000,000.
Aggregate $1,000,000.
SIG' '' URE OF AUTH ZED REPRESENTATIVE
T .:,
Tide, artner •
$ 1,000,000.
1,000,000.
s 1,000,000.
s 1,000,000.
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employes' Liability.
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty
(30) days written notice to the certificate holder named below.
DATE: September 20, 2002
SUBJECT: City Council Meeting — September 26, 2002
ITEM: *11.D.2. Consider a resolution authorizing the Mayor to execute an
Agreement for Engineering Services with Espey Consultants, Inc.
for the G.O. Bond 2002 South Creek Channel Improvement project.
Resource: Jim Nuse, Chief of Operations/Assistant City Manager
Danny Halden, City Engineer
History: The channels traversing through South Creek subdivision are difficult to maintain
and are critical for carrying floodwaters safely through the subdivision. Dry
Branch Tributary No. I, running west-east through South Creek, abuts the Clay
Madsen Recreation Center on the west and there are stability/maintenance
problems with the stone side slope armoring in the vicinity of Gattis School Road.
Also, in the area of Greenslopes abutting the western side of Dry Branch
Tributary No. 1, Greenlawn Boulevard and several duplexes have experienced
flooding in the past. In November 2001, voters approved the issuance of bonds
for engineering and construction of improvements for the South Creek Channels
area
Funding:
Cost: $50,658.00
Source of funds: GO Bond —2002
Outside Resources: Espey Consultants, Inc.
Impact/Benefrt: Identify design alternatives to improve channel and drainage systems in
the interest of flood control, appearance and to facilitate maintenance.
Public Comment: N/A
Sponsor: N/A