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R-03-07-10-10D3 - 7/10/2003RESOLUTION NO. R- 03 -07- 10 -1OD3 WHEREAS, the City of Round Rock desires to retain engineering services for the design of the Hester's Crossing Channel Improvements Project, 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 design of the Hester's Crossing Channel Improvements Project, 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 ended. RESOLVED this 10th day of July, 20 ST : CHRISTINE R. MARTINEZ, City Se S PFOes000p\:: ODMP/ WORL00%/ 0 :/1000/RBSOLOTI /R3071003.WP0/sc etary , Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH ESPEY CONSULTANTS, INC. FOR HESTER'S CROSSING CHANNEL IMPROVEMENTS THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 2003, 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 S. 2° Street, Ste. 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 concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: 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 Engineering Sery Agreement - Rev.4 /1/03 File: Hester's Crossing Eng Sery Agr- 6 -03.doc(00051959) 1 RECITALS: CONTRACT DOCUMENTS EXHIBIT nAn 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. 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 1st day of the month of January, 2004, 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 2 Rev.4 /1 /03 (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." 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 Forty-four thousand three hundred ten ($44,310.00) 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. 3 Rev. 4/1/03 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. 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 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." 4 Rev. 4/1/03 City's Designated Representative for purposes of this Agreement is as follows: Daniel Halden, P.E. City Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -5555 Facsimile Number: (512) 218 -5563 Email Address: dhalden @round- rock.tx.us ARTICLE 8 PROJECT TEAM 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. Project Manager 3809 S. 2nd St., Suite B -300 Austin, TX 78704 Telephone Number: (512) 326 -5659 Facsimile Number: (512) 326 -5723 Email Address: breis @espeyconsultants.com 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: 5 Rev. 4 /1/03 (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. 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 6 Rev. 4/1/03 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. 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 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. 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 furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL 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 7 Rev. 4/1/03 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. ARTICLE 16 SUBCONTRACTING 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 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. 8 Rev. 4/1/03 (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 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 -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 fumish City with satisfactory proof of his /her /its compliance. 9 Rev. 4/1/03 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. 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 Engineenng 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 10 Rev. 4/1/03 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. 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 professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (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 this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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 change in the limit or scope of 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 Engineer shall also notify City, within 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 are the sole responsibility of and at the sole risk of Engineer. 11 Rev. 4/1/03 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees 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 held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be 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 as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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 Rev. 4/1/03 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 Attorney 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 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS ARTICLE 32 NOTICES ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the 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 13 Rev. 4/1/03 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 Majeui . 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 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 2003, 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. CITY OF ROUND ROCK, TEXAS: By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary ESPEY CO " LTAN� C.: By: Signature of Princip ...et Printed Name: 1/ �/�/p r , ARTICLE 34 SIGNATORY WARRANTY 14 Rev. 4/1/03 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 Rev. 4/1/03 EXHIBIT A "Services to be Performed by City" Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement The scope of Services to be performed by the City is to facilitate the engineering, permitting and design of channel improvements described in Exhibit B, by administering this contract and reviewing the work performed by the engineer. The City shall: 1. 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. provide "Right of Entry" (landowner permission) if necessary for the engineer or his subconsultants to access private property in order to perform the work. 3. 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. 4. provide design surveys with appropriate detail for developing construction plans (e. g. elevations /contour information, locate utilities, limits of concrete, fences, etc.)and right of way / easement information. C:IDonements and SettingsIBReis.BREJSILocal Settings1Temporary InternetFileslOLKl9lconrract atrachmenrs.do ReViSed — April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT B "Services to be Performed by the Engineer" The project site includes an unnamed tributary to Lake Creek Tributary 1 that extends north from Hester's Crossing to Old West Dnve (Attachment B -1). It is thought that as a result of the initial construction activities upstream from the site (South of Hester's Crossing) and significant rainfall events over the past 1 to 2 years, significant erosion of the natural channel bed has resulted in stream bed, and subsequently slope failures, through this stream reach. These slope failures have resulted in structural damage to properties including undermining privacy fences, parking lot surfaces and utilities. As an emergency counter - measure, the City of Round Rock has installed and backfrlled 2 corrugated metal pipes in order to stabilize a segment of the failure (Figure 1). The total stream reach length is approximately 1,000 linear feet; however, while erosion has occurred throughout this reach, the most severe channel damage that currently threatens properties is limited to approximately 500 to 600 linear feet. Figure 1 Unnamed Tributary to Lake Creek Tributary 1 (looking upstream) The scope of this project includes the development of construction plans and necessary supporting calculations (e. g. floodplain analysis, velocity calculations, etc.), and coordination with the US Army Corps of Engineers for compliance with Section 404 of the Clean Water Act which regulates the discharge of dredge or fill material in waters of the United States. Espey Consultants, Inc. (EC) will solicit the support of subconsultants to provide geotechnical investigations, coordination with the USACE and soil bio- engineering as necessary to complete this project (does not include field survey or structural engineering). This project will be managed as a Fast Track project that will require the priority allocation of company resources as well as priority response from the City of Round Rock in order to be successful. 1. Coordination with Citv of Round Rock — EC will coordinate with the City of Round Rock staff and attend meetings as necessary to complete this assignment. EC will provide the City with a description and request for the required field survey information for this project. The City of Round Rock will provide field survey services that include, but not limited to, all necessary right of way information, identification of utilities and ground elevations (tied to appropriate permanent bench mark), etc. Field survey information will also need to include slab elevations of adjacent structures. C:IDocuments and SettingslBReis. BREISIL. ocal Settingsgempwnry Internet F,kes10LK19icontract a ttachments.docReVised— April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement 2. Coordination with USACE and Notification - EC, with the support of SWCA, will coordinate the proposed improvements with the USACE for compliance with Section 404 of the Clean Water Act. At this time it is anticipated that the activity will be covered under a "nationwide" permit and will not require an "individual" permit. A nationwide permit will require approximately 45 day review / approval time from the Corps. An individual permit will require 90 to 120 days for review / approval and a significant amount of effort not anticipated or included in this scope of services. 3. Floodplain Analysis - EC will review previous floodplain and design studies (e. g. Flood Insurance Study, La Frontera development plans, etc.), and analyze the current floodplain conditions (and natural floodplain conditions if possible) along this stream reach and determine the hydraulic constraints, if any, for the proposed design. 4. Channel Design Alternatives) - EC will quickly develop a "natural" channel design alternative to restore and stabilize the channel reach for consideration by the City of Round Rock based on a design survey provided by the City of Round Rock, geotechnical investigations provided by Holt Engineering and consultation with a soil boi- engineering expert (Robbin B Sotir & Associates, Inc.),. The design will include (but not limited to) measures to reestablish and/or stabilize the channel bed and side slopes through a series of grade control structures (check dams), toe walls (or rocks), erosion control turf mats, vegetative practices, etc. The design concept developed in this task will be presented to the USACE in support of the Section 404 permit application (nationwide). 5. Preparation of Construction Plans - Based on cost, input from the City of Round Rock and USACE, availability of materials, etc., EC will adjust the proposed design as necessary and develop construction plans of the proposed improvement. Construction plans will include appropriate general notes to contractor, erosion / sedimentation control measures, provisions for securing existing utilities (manholes, wastewater laterals, etc.), plan and profiles of the channel, necessary cross - sections, details, etc. as required for construction by the contractor. EC will coordinate with utility companies; however, no major alignment adjustments are anticipated. EC will prepare one draft set construction plans and one final set of construction plans with incorporated draft comments. 6. Preparation of Contract Documents and Specifications - EC will prepare contract documents and technical specifications using format and standard documents provided by the City of Round Rock. 7. Water Pollution Abatement Plan - EC will prepare a water pollution abatement plan (WPAP) for submittal and review by the TCEQ. EC will work with the TCEQ and modify the WPAP as necessary for compliance with the Edwards Aquifer rules and approval by the TCEQ. The scope of the project does not include: 1. bid phase services; 2. utility adjustments or relocations; 3. construction phase services; or 4. preparation of SW3P for compliance with TPDES. ClDocaments and SettingslBReisBREISILocal SettingslTemporary Internet Files1OLK191conlract aaochments.dacReviSed — April 14, 2003 Task Cost: $1,100 SCOPE OF SERVICES USACE PERMITTING FOR RESTORATION OF UNNAMED TRIBUTARY TO LAKE CREEK ROUND ROCK, TEXAS The unnamed tributary to Lake Creek serves as the outfall channel for an existing storm water detention facility that services the La Frontera Development. Extremely high flows from the facility into the tributary have caused severe erosion along the stream that now threatens structures located adjacent to the stream. It is SWCA's opinion that the restoration of this stream can be authorized under existing USACE Nationwide Permits. This Scope of Services presents SWCA's approach to securing an authorization under one or more of the existing Nationwide Permits. TASK I — FILE REVIEW AND DATA GATHERING SWCA proposes to compile and review all existing, available information pertinent to the stream. This information will include past and present aerial photography, topographic mapping, and any information the City may have on the condition. of the stream prior to the flood event(s). This will include stream cross sections, surveys, photos and any other information that will assist in documenting the condition of the stream prior to the flood event(s). The information gathered in this task will be used to develop the information document described in Task II. TASK II — PREPARE PRE- CONSTRUCTION NOTIFICATION SWCA anticipates that the USACE will require the City to file a Pre - Construction Notification (PCN) for the proposed work. The PCN is essentially an application for authorization under the chosen Nationwide Permit. SWCA will prepare this PCN with input from the City and ECI. The PCN will contain a narrative description of the project and project site providing the project - specific information required by the USACE. It will also contain all necessary plans and specifications along with appropriate photos and other supporting documentation. Task Cost: $2,000 TASK III — SUBMITTAL AND PROCESS OF THE APPLICATION Given the urgency of this project, SWCA proposes to hand - deliver the application to the USACE. SWCA will then maintain close coordination with the USACE staff to insure prompt and expedited processing of the request. SWCA anticipates that this effort will require numerous telephone conversations and multiple meetings with the USACE. Additionally, the various state and federal resource agencies will be given the opportunity to review and comment on the application. SWCA will coordinate with those agencies to insure that their questions or concerns are addressed immediately. SWCA will be available to respond to any requests for additional information or questions that may arise. Task Cost: $5,000 ClDocuments and Set angslBReis.BREISIDesktoplSWCA SCOPE OF SERV ICES revised. doe SWCA, Inc. May 13, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT C "Work Schedule" The following schedule is the time required upon receipt of all field survey information: Analysis / Design / WPAP / Draft Construction Plans 2 months Preparation of Final Construction Plans and Contract Documents 1 month (includes approximately 5 working day review from CORR) , The "typical" time required for a nationwide permit is 45 days from the time complete documentation is submitted for review and approved by the Corps. For scheduling purposes, it is assumed that this time period would begin once the plans have been finalized. However, coordination with the US Army Corps of Engineers would begin immediately upon notice to proceed. 1.5 months Total Project Duration 4.5 months C :IDocuments and SettingslBReis. BREfSILocal SettingstTemporary Internet FilesIOLK191contract attachments.docReWlsed— April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT D "Fee Schedule" C:IDocuments and SethngslsReis.BRE!SI Local SettingslTeniporay lnternetFilesIOLK191contracr a ttachmenrs.dacRevised— April 14, 2003 Description Man -Hour Estimate by Labor Classification Subtotals Tune (Ica) Cost (8) Principal Engineering Proj. Man. Staff Technician Clerical 1 Coordination with City of Round Rock 8 8 16 $ 1,520 2 Coordination with USACE 4 4 2 10 $ 860 3 Floodplain Analyse 1 8 16 4 29 $ 2,420 4 Channel Design Altemative(s) 1 24 32 12 69 $ 5,860 5 Preparation of Construction Plans 40 120 40 200 $ 15,200 6 Preparation of Contract Documents 20 16 24 60 $ 4,480 7 Water Pollution Abatement Plan 4 32 8 44 $ 3,120 subtotals: 2 108 228 66 24 384 $ 33,460 approximate billing rate: $ 140 $ 120 $ 70 $ 50 $ 40 subtotal by labor alassifioalion: $ 280 $ 12,960 $ 15,960 $ 3,300 $ 960 mileage: $ 200 courier: $ 50 reproduotnn: $ 500 subconsukant services( geotechneal, exivironmental (SWCA)) $ 10,100 TOTAL: $ 44,310 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT D "Fee Schedule" C:IDocuments and SethngslsReis.BRE!SI Local SettingslTeniporay lnternetFilesIOLK191contracr a ttachmenrs.dacRevised— April 14, 2003 EXHIBIT E "Work Authorization" Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement CADocuments andSettings1BReis.BREIStLocal SettingslTemporary Internet Fles1OLK191contracrattochmenrs .docRevised— April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing ContractAgreement EXHIBIT F "Certificates of Insurance" CrlDocuments and Seningsl BReis.BRE/SILocalSettrngslTer porary InternetFJesIOLKJ9lcontract a ttachments .docRevised— April 14, 2003 I.. man .u. cm , Fors ■u. cxas r.5wvares a,surors raxpu. h I Z1-tGr 3r , o: Lana roman uate: U/LNLUUS U0:ba AM rage: 2 of 2 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER Texas Associates lnsurors 1120 Capt of TX Hwy So Bldg 3 Ste 300, Austin, TX 78746 INSURED Espey Consultants, Inc. 3809 S. 2nd, #B -300 Austin, TX 78704 PROFESSIONAL LIABILITY DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Christine Martine% City Secretary Revd 2110/03 - Professional Liability Cntificate.dac Date: 6 -23 -03 COMPANIES AFFORDING COVERAGE A CNA Continental Casualty Co. 13 C D THIS TS TO CERTIFY THAT the Insured named ahnve is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE (A) #PRA113965755 4/16/03 to 4/16104 $1,000,000 limit per occurrence Shout d 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. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Gary Grissom Title: Agent 6/23/03 00/23/2003 MON 08:54 [TX /RI NO 9309] 81002 11111111111VAR' a o0 up Of asists stab IS, 1111 - i‘ 1.- • tit io•I fs0.... DR or,.. , c, %0* " •f• , - A 0 IMPROVEMENTS AREA r 1 P- �� t Gp' ` 6 �5�v MOM N IVA Nester's Crossing w-- ► E Channel Improvements S DATE: July 3, 2003 SUBJECT: City Council Meeting - July 10, 2003 ITEM: 10.D.3. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Espey Consultants, Inc. for the Hester's Crossing Channel Improvements Project. Resource: Tom Word, Chief of P. W. Operations Danny Ha!den, City Engineer History: An open channel exists just west of Rawhide Drive between Hester's Crossing and Old West Drive that has experienced significant erosion to the point that abutting properties are being adversely affected. The agreement will provide necessary engineering for design of channel improvements and permitting through regulatory agencies. Funding: Cost: $44,310 Source of funds: Regional Stormwater Detention Program Outside Resources: Espey Consultants, Inc. Impact /Benefit: Provide design of improvements to restore an existing drainage channel and prevent continued erosion. Public Comment: N/A Sponsor: N/A THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH ESPEY CONSULTANTS, INC. FOR HESTER'S CROSSING CHANNEL IMPROVEMENTS THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement") is made and entered into on this the 10 day of the month of tJUL,y , 2003, by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corpotation, 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 S. 2° Street, Ste. B -300, Austin, TX 78704 (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Govemment Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: 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 R — 0 1 7 - 16 L /040,3 Engineering Sery Agreement - Rev.4 /1 /03 File; Hester's Crossing Eng Sery Agr- 6 -03.doc(00051959) CONTRACT DOCUMENTS 1 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. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified m 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 1st clay of the month of January, 2004, 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. 2 Rev .4 /1101 (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." 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 Forty -four thousand three hundred ten ($44,310.00) 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. 3 Rev. 4/1/03 The certified statements shall show the total amount eamed 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. 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 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 Govemment 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." 4 Rev. 4/1/03 Daniel Halden, P.E. City Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -5555 Facsimile Number: (512) 218 -5563 Email Address: dhalden @round- rock.tx.us ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 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. Project Manager 3809 S. 2nd St., Suite B -300 Austin, TX 78704 Telephone Number: (512) 326 -5659 Facsimile Number: (512) 326 -5723 Email Address: breis @espeyconsultants.com 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: 5 Rev. 4/1/03 (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. 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 6 Rev. 4/1/03 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. 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 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. 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 on expense, may retain copies of such documents or any other data which he /she /it has fumished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its on 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 7 Rev. 4/1/03 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. ARTICLE 16 SUBCONTRACTING 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 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. 8 Rev. 4/1/03 (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' \ Titten 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 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 -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. 9 Rev. 4/1/03 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. 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 10 Rev. 4/1/03 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. 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 professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (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 this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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 change in the limit or scope of 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 Engineer shall also notify City, within 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 are the sole responsibility of and at the sole risk of Engineer. 11 Rev. 4/1/03 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees 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 held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be 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 as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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 Rev. 4/1/03 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 Attorney 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 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS ARTICLE 32 NOTICES ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the 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 13 Rev. 4/1/03 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 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. I2-03 - 07 -10- /0.03 approved by the City Council on the 10 day of the month of JULY , 2003, and Engineer, Espey Consultants, Inc., signing by and through his /her /its 8ul authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full perfo ce of the terms and provisions hereof CITY OF R BY: Nyl ATTE T• By yo 41J I./L_' / 11../L14 _ Christine Martinez, City Secretary ESPEY CO Q " LTAN,' C.: By: Signature of Principal / Printed Name: 447 . S ARTICLE 34 SIGNATORY WARRANTY _AT 14 Rev. 411/03 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 Rev. 4/1/03 Channel Restoration and Stabilization Downstream from Hester 's Crossing Contract Agreement EXHIBIT A "Services to be Performed by City" The scope of Services to be performed by the City is to facilitate the engineering, permitting and design of channel improvements described in Exhibit B, by administering this contract and reviewing the work performed by the engineer. The City shall: 1. 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. provide "Right of Entry" (landowner permission) if necessary for the engineer or his subconsultants to access private property in order to perform the work. 3. 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. 4. provide design surveys with appropriate detail for developing construction plans (e. g. elevations /contour information, locate utilities, limits of concrete, fences, etc.)and right of way / easement information. C: (Documents and SettingslBReis.BREISILoca1 SettingslTempora7 Internet Fi1es1OLK191contract attachments. docRevised — April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT B "Services to be Performed by the Engineer" The project site includes an unnamed tributary to Lake Creek Tributary 1 that extends north from Hester's Crossing to Old West Drive (Attachment B -l). It is thought that as a result of the initial construction activities upstream from the site (South of Hester's Crossing) and significant rainfall events over the past 1 to 2 years, significant erosion of the natural channel bed has resulted in stream bed, and subsequently slope failures, through this stream reach. These slope failures have resulted in structural damage to properties including undermining privacy fences, parking lot surfaces and utilities. As an emergency counter - measure, the City of Round Rock has installed and backfilled 2 corrugated metal pipes in order to stabilize a segment of the failure (Figure 1). The total stream reach length is approximately 1,000 linear feet; however, while erosion has occurred throughout this reach, the most severe channel damage that currently threatens properties is limited to approximately 500 to 600 linear feet. Figure 1 Unnamed Tributary to Lake Creek Tributary 1 (looking upstream) The scope of this project includes the development of construction plans and necessary supporting calculations (e. g. floodplain analysis, velocity calculations, etc.), and coordination with the US Army Corps of Engineers for compliance with Section 404 of the Clean Water Act which regulates the discharge of dredge or fill material in waters of the United States. Espey Consultants, Inc. (EC) will solicit the support of subconsultants to provide geotechnical investigations, coordination with the USACE and soil bio- engineering as necessary to complete this project (does not include field survey or structural engineering). This project will be managed as a Fast Track project that will require the priority allocation of company resources as well as priority response from the City of Round Rock in order to be successful. 1. Coordination with Citv of Round Rock — EC will coordinate with the City of Round Rock staff and attend meetings as necessary to complete this assignment. EC will provide the City with a description and request for the required field survey information for this project. The City of Round Rock will provide field survey services that include, but not limited to, all necessary right of way information, identification of utilities and ground elevations (tied to appropriate permanent bench mark), etc. Field survey information will also need to include slab elevations of adjacent structures. C:IDocuments and Serdngs0Reu.BRE1s\ Local Setangslremporarp lniernet F, les\ OLKl 9icont ractattachments.docRevised — April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement 2. Coordination with USACE and Notification — EC, with the support of SWCA, will coordinate the proposed improvements with the USACE for compliance with Section 404 of the Clean Water Act. At this time it is anticipated that the activity will be covered under a "nationwide" permit and will not require an "individual" permit. A nationwide permit will require approximately 45 day review / approval time from the Corps. An individual permit will require 90 to 120 days for review / approval and a significant amount of effort not anticipated or included in this scope of services. 3. Floodolain Analysis — EC will review previous floodplain and design studies (e. g. Flood Insurance Study, La Frontera development plans, etc.), and analyze the current floodplain conditions (and natural floodplain conditions if possible) along this stream reach and determine the hydraulic constraints, if any, for the proposed design. 4. Channel Design Alternative(s) — EC will quickly develop a "natural" channel design alternative to restore and stabilize the channel reach for consideration by the City of Round Rock based on a design survey provided by the City of Round Rock, geotechnical investigations provided by Holt Engineering and consultation with a soil boi- engineering expert (Robbin B Sotir & Associates, Inc.),. The design will include (but not limited to) measures to reestablish and/or stabilize the channel bed and side slopes through a series of grade control structures (check dams), toe walls (or rocks), erosion control turf mats, vegetative practices, etc. The design concept developed in this task will be presented to the USACE in support of the Section 404 permit application (nationwide). 5. Preparation of Construction Plans — Based on cost, input from the City of Round Rock and USACE, availability of materials, etc., EC will adjust the proposed design as necessary and develop construction plans of the proposed improvement. Construction plans will include appropriate general notes to contractor, erosion / sedimentation control measures, provisions for securing existing utilities (manholes, wastewater laterals, etc.), plan and profiles of the channel, necessary cross - sections, details, etc. as required for construction by the contractor. EC will coordinate with utility companies; however, no major alignment adjustments are anticipated. EC will prepare one draft set construction plans and one final set of construction plans with incorporated draft comments. 6. Preparation of Contract Documents and Specifications — EC will prepare contract documents and technical specifications using format and standard documents provided by the City of Round Rock. 7. Water Pollution Abatement Plan — EC will prepare a water pollution abatement plan (WPAP) for submittal and review by the TCEQ. EC will work with the TCEQ and modify the WPAP as necessary for compliance with the Edwards Aquifer rules and approval by the TCEQ. The scope of the project does not include: 1. bid phase services; 2. utility adjustments or relocations; 3. construction phase services; or 4. preparation of SW3P for compliance with TPDES. ClDocumenrs and Settings'BReisBREJSILocal SettingsiTe nrpanry InternetFiles10LK191contract attochments.docRe9ised— April 14, 2003 Task Cost: $1,100 SCOPE OF SERVICES USACE PERMITTING FOR RESTORATION OF UNNAMED TRIBUTARY TO LAKE CREEK ROUND ROCK, TEXAS The unnamed tributary to Lake Creek serves as the outfall channel for an existing storm water detention facility that services the La Frontera Development. Extremely high flows from the facility into the tributary have caused severe erosion along the stream that now threatens structures located adjacent to the stream. It is SWCA's opinion that the restoration of this stream can be authorized under existing USACE Nationwide Permits. This Scope of Services presents SWCA's approach to securing an authorization under one or more of the existing Nationwide Permits. TASK I — FILE REVIEW AND DATA GATHERING SWCA proposes to compile and review all existing, available information pertinent to the stream. This information will include past and present aerial photography, topographic mapping, and any information the City may have on the condition of the stream prior to the flood event(s). This will include stream cross sections, surveys, photos and any other information that will assist in documenting the condition of the stream prior to the flood event(s). The information gathered in this task will be used to develop the information document described in Task II. TASK II — PREPARE PRE- CONSTRUCTION NOTIFICATION SWCA anticipates that the USACE will require the City to file a Pre - Construction Notification (PCN) for the proposed work. The PCN is essentially an application for authorization under the chosen Nationwide Permit. SWCA will prepare this PCN with input from the City and ECI. The PCN will contain a narrative description of the project and project site providing the project- specific information required by the USACE. It will also contain all necessary plans and specifications along with appropriate photos and other supporting documentation. Task Cost: 52,000 TASK III — SUBMITTAL AND PROCESS OF THE APPLICATION Given the urgency of this project, SWCA proposes to hand - deliver the application to the USACE. SWCA will then maintain close coordination with the USACE staff to insure prompt and expedited processing of the request. SWCA anticipates that this effort will require numerous telephone conversations and multiple meetings with the USACE. Additionally, the various state and federal resource agencies will be given the opportunity to review and comment on the application. SWCA will coordinate with those agencies to insure that their questions or concerns are addressed immediately. SWCA will be available to respond to any requests for additional information or questions that may arise. Task Cost: $5,000 C: Documents and SettingslBReis .BREISIDesktop■SWCA SCOPE OF SERVICES revised.doc SW CA, Inc. May 13, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT C "Work Schedule" The following schedule is the time required upon receipt of all field survey information: Analysis / Design / WPAP / Draft Construction Plans 2 months Preparation of Final Construction Plans and Contract Documents 1 month (includes approximately 5 working day review from CORR) The "typical" time required for a nationwide permit is 45 days from the time complete documentation is submitted for review and approved by the Corps. For scheduling purposes, it is assumed that this time period would begin once the plans have been finalized. However, coordination with the US Army Corps of Engineers would begin immediately upon notice to proceed. 1.5 months Total Project Duration 4.5 months ClDacuinents and Set angsiBReis. BREISiLocal SettingslTemporary Internet FileslOLK191contract attachnrents.docRevised— April 14, 2003 Channel Restoration and Stabilization Downstream from Hester 's Crossing Contract Agreement EXHIBIT D "Fee Schedule" C. :IDocuments and SettingslBReis. BREISiLocal SettingslTentporarylnternet F4esIOLK19montract attachments.docRevised April 14, 2003 Description Man -Hour Estimate by Labor Classification 'Tune ( Subtotals Cost (5) Principal Engineering Prom Man. Staff Technician Clerical 1 Coordination with City of Round Rock 8 8 16 $ 1,520 2 Coordination with USACE 4 4 2 10 $ 860 3 Floodplain Analysis 1 8 16 4 29 $ 2,420 4 Channel Design Altemative(sl 1 24 32 12 69 8 5,860 5 Preparation of Construction Plans 40 120 40 200 0 15,200 6 Preparation of Contract Documenls 20 16 24 60 S 4,480 7 Water Pollution Abatement Plan 4 32 8 44 $ 3,120 subtotals: 2 108 228 66 24 384 $ 33,460 approximate baling rate: $ 140 $ 120 $ 70 $ 50 $ 40 subtotal by labor classification: $ 280 $ 12,960 $ 15,960 $ 3,300 $ 960 mileage: $ 200 $ 50 reproduction: $ 500 suboonsuhant services (geoleehniaal, envronmental(SWC A)) $ 10,100 TOTAL. 0 44,310 Channel Restoration and Stabilization Downstream from Hester 's Crossing Contract Agreement EXHIBIT D "Fee Schedule" C. :IDocuments and SettingslBReis. BREISiLocal SettingslTentporarylnternet F4esIOLK19montract attachments.docRevised April 14, 2003 Channel Restoration and Stabilization Downstream from Hester's Crossing Contract Agreement EXHIBIT E "Work Authorization" CADocuments and SettingsWReis,BREIS1Local Settirsgs \Temporary Internet F iesIOLK191contract attochments.docReVised — April 14, 2003 Channel Restoration and Stabilization Downstream from Hester 's Crossing Contract Agreement EXHIBIT F "Certificates of Insurance" C,IDOCUments and SettingslBReis.BREISILocal SettingslTemporary Internet Fil esIDLK191contract attachments.docReVised — April 14, 2003 r i ui,�. r...� �..a of v n ��n n,. i eans.-.ssuuarea rasarors rax1U: (0 1 c)acl 1 1 a: Lama IWmar Date: 0FL3TLUUa U`J:,li AM Yage: L 012 • CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES Date: 6 -23 -03 PRODUCER COMPANIES AFFORDING COVERAGE Texas Associates Insurors 1120 Capt of TX Hwy So A CNA Continental Casualty Co. Bldg 3 Ste 300, Austin, TX 78746 INSURED Espey Consultants, Inc. C 3809 S. 2nd, #S -300 Austin, TX 78704 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE PROFESSIONAL LIABILI'T'Y (A) #PRA113965755 4/16/03 to 4/16/04 $1,000,000 limit per occurrence DESCRIPTION OF SPECIAL ITEMS /EXCEPTIONS Shoul d any of the above described policies be cancelled or changed before the expiration date thereof; the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Christine Martinez, City Secretary Revd 2/10/03 - Professional Liability Certificate.doc SK}NATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Gary Grissom Title: Agent 6/23/03 06/23/2003 MON 08 :54 [TX/R1 NO 9309] a002 11111111111 11 OlAa ov VW, ��� As 0, S SA ��� A rd: + l illia moo ilk � %%t all $ m 0 - 0 0 11111 ._ • at ow LS . W 0 m IMPROVEMENTS AREA w I e O � y \aG SG� . Hester's Crossing A-4 w "— E Channel Improvements s N° K City Manager Jim Nuse City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. July 14, 2003 Mr. Brian K. Reis, P.E. Project Manager Espey Consultants, Inc. 3809 South 2nd Street, Ste. B -300 Austin, TX 78704 Dear Mr. Reis: Council Members Alan McGraw Carrie Pin Enclosure Scot Knight Isabel Gallahan Gary Coe The Round Rock City Council approved Resolution No. R- 03- 07 -10- 10D3 at their regularly scheduled meeting on July 10, 2003. This resolution approves an agreement for Engineering Services for the design of the Hester's Crossing Channel Improvements Project. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5555. Sincerely, Mayor Nyle Maxwell Mayor Pro-tem Sherri onroe Tom Nielson Assistant City Secretary CITY OF ROUND ROCK Administrative Dept., 22i East Main Street • Round Rock, Texas 78664 Phone, 5iz,zi8.540O • Fax 5izz18.7097 • www,ci - round- rocktx,us