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R-88-1122 - 5/26/1988Form 1270 —REV 11-84 AGREEMENT FOR ELECTRIC SERVICE City of Round Rock, A Municipal Corporation Agreement No. 370 - 036 Account No. 371 - 8197 R86S - n (If not an individual, specify whether corporation (name state), partnership, municipal corporation, other) (hereinafter called "Customer" and Texas Power & Light , a division of Texas Utilities Electric Company a Texas Corporation (hereinafter called "Company "), in consideration of the mutual covenants and agreements herein contained, and of the mutual benefits to be derived herefrom, hereby covenant and agree as follows: 1. Company agrees to provide and Customer agrees to take and pay for all electric power and energy required by Customer for the operation of Customer's business or activity at the premises owned or occupied by Customer at behind the Westinghouse Plant Round Rock , Texas. Electric power and energy provided under this agreement will be furnished by Company to Customer under and pursuant to such Rate Schedule and Service Regulations of Company as may from time to time be fixed and approved, in Company's Tariff for Electric Service, by regulatory authorities as may have jurisdiction at the above referenced premises. SAID RATE SCHEDULE AND SERVICE REGULATIONS ARE PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND ARE ON FILE AND AVAILABLE AT COMPANY OFFICES. 2. Company shall provide electric power up to a demand of 750 kw. The electric service to be delivered hereunder will be of the character commonly described as 277/480 volt, three phase, at 60 hertz, with reasonable variation to be allowed. The electric power and energy to be delivered by Company to Customer shall be provided in accordance with terms and conditions of Rate Schedule MP which may from time to time be amended or succeeded. The term of this agreement shall be for September 1, 1987 to five years from September 1, 1992 , or from date of initial service hereunder, whichever shall be earlier. Unless written notice is given by either party hereto to the other not less than 30 days before expiration of this agreement, it shall be continued for another year and from year to year thereafter until terminated by said written notice served not less than 30 days before the expiration of any one such yearly period. a Customer agrees to grant or secure for Company, at Customer's expense, any rights -of -way on property owned or controlled by Customer and to provide suitable space on said premises for installation of facilities where such rights -of- way and space are necessary to provide electric service to customer. 4. This agreement supersedes all previous agreements, written or verbal, between Company and Customer for the service described herein and shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto, but no assignment by Customer shall be binding upon Company until accepted in writing by Company. This agreement is subject to all laws and governmental regulations and to the provisions of Company's franchises now in effect or which may hereafter become effective. 5. Customer agrees to limit the frequency of motor starts on a single 400 horsepower main ACCEPTED BY COMPANY: ACCEPTED BY CUSTOMER: (OVER) Date Signed Signature Signature Title 'aye( o4 ' EtDU \ Se cr1 0 , 1 4 181 Date Signe (continued from the front) 5. pump motor to three (3) starts per hour with an 80% reduced voltage start, or six (6) starts per hour with a 65% reduced voltage start. AGREEMENT FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between the City of Round Rock, Texas, hereinafter called the "Owner ", and Espey, Huston & Associates, Inc. Consulting Engineers, hereinafter called the "Engineer". RECITALS Owner intends to construct Street and Drainage Improvements to Old Settlers Park at Palm Valley under the City Park C.LP. Such improvements are hereinafter referred to as the "Project ". The estimated cast for the Project is $ 45,800.00 including construction costs, engineering and contingencies. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION if CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development of the Project. A. PRELIMINARY PHASE 1. Attend preliminary conference with the Owner regarding the Project. -1- 2. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions availahlP to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth dearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. 3. When a written report is prepared, furnish the Owner ten (10) copies of the preliminary report, including preliminary layouts, sketches and cost estimates. B. DESIGN PHASE • 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the Engineer's MaGic services, and compensation therefore is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicah1e portions of Section VI D). 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants -in -aid, state loan programs, planning advances or to meet the requirements of special programs of the federal government). 3. Perform field surveys to collect information which in the opinion of the Engineer, is required in the design of the Project. Construction staking for the Construction Improvements is not included in the Basic Charge. 4. Prepare detailed specifications and contact drawings, in pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicahle state and federal agencies for approvaL 5. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 6. Furnish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of twenty -five (25) are to be paid for separately. Additional sets will be paid for in accordance with Attachment No. 3 - Hourly Rate Schedule. 7. Provide information on utilities to be relocated in connection with the Project. The Owner will provide excavation to determine location and depth of underground water and sewer lines. Utilities to be relocated by others shall be noted on the plans. City -owned utilities to be relocated also shall be noted on the plans. Where fPagih1e, relocation of City -owned utilities shall be included in the construction contract. -2- 8. Provide a letter for the Owner's signature to each utility operating within the City of Round Rock advising them of the Project and describing any known relocations to be performed by that utility and setting forth a proposed construction schedule. This letter and a proposed construction schedule. This letter and a complete set of plans shall be delivered to each utility by the Engineer. The Engineer shall provide timely assistance and location stakes as necessary for utility relocations to assure that utility relocations do not delay the Project. 9. Provide easement and right -of -way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawings of the affected properties. 10. Provide field note descriptions to the Owner for any sites) that is required for Owner to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by Owner, barring unforeseen and unusual difficulties associated with the property. C. CONSTRUCTION PHASE 1. Assist the Owner in the advertisement of the Project for bias. 2. Assist the Owner in the opening and tabulating of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. 4. Make periodic visits to the site (as distinguished from the continuous services of a resident Pro'pct Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liahlP in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult and advise with the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. 6. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mi]1 tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. -3- 7. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers in a form accept to the City. 8. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 9. Revise contract drawings, with the assistance of the resident Pro Representatives, or the Owners representative, to provide record drawings of the completed Proct. Furnish one (1) set of reproducible drawings and one (1) set of prints of these revised drawings to the Owner. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received written authorization from the Owner. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or its representatives, to the end that the Proj eL, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the 0 wner shall make available to the Engineer, for use in planning the Proct, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work. AU remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office in Round Rock, Texas, at a price set forth in attachment " -4- A. PRELIMINARY PHASE The percentage for the Preliminary Phase shall be computed as ten percent (10%) of the fee from attachment "A ". Final payment for services in the Preliminary Phase shall be payable upon submission to the Owner of the required report, sketches, and estimates, and upon his acceptance, which shall be within thirty (30) days after submission If a written report is not required, this payment will be due with and in addition to payment stated in the Design Phase. B. DESIGN PHASE The percentage for the Design Phase shall be computed as seventy -five percent. (75%) of the fee from attachment "A ". Final payment for services authorized in the Design Phase shall be due upon the Owners acceptance, which shall be within thirty (30) days after submission When the Project is funded through the Gala of municipal bonds ar through grant funds, payments shall not be due until the funds are in the Owner's possession. C. CONSTRUCTION PHASE The percentage for the Construction Phase shall be computed as fifteen percent (15%) of the fee from attachment "A ". This sum will be paid in monthly instalments in proportion to the construction work completed. Upon completion of all work authorized in the Construction Phase the Engineer will be paid the remainder of the charge for this Phase. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement for hires or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expenses, which services and expense, shall not be considered as covered by the percentage fee stipulated in this Agreement. Compensation for such extra services shall be in accordance with Attachment No. 3 - Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the design of the Project or for revising design or plans when such design and plans prove not to be faasihle for construction. ( SECTION UM OWNERSHIP OF DOCUMENTS All original documents, plan designs, and survey not for completed or partially completed projcts for which Engineer has been compensated shall be the property of Owner and Engineer and reprodurible copies shall be furnished to the Owner upon request. The use of either party of such documents is unrestricted. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liabilii-y or claimed liahility created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shag also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second (2nd) arbitrator. Such two (2) arbitrators shall meet forthwith and agree in writing upon a third (3rd) arbitrator, and shall immediately give the parties written notice of the third (3rd) arbitrator's appointment. B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second (2nd) arbitrator within the required five (5) days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second (2nd) arbitrator. if the first two (2) arbitrators fail to agree upon a third (3rd) arbitrator within ten (10) days from the date the second (2nd) arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third (3rd) arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such awards shall be governed by the Texas General Arbitration Act, Articles 224 through 238 -6, inrinGive Revised Statutes of 1925, as amended. D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X TER MINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty (30) day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement to the date of termination. The Owner shall then pay the Engineer -6- promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shag be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICE AND COMMUNICATIONS All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: Espey, Huston & Associates, Inc. 110 S. Brown Street (P 0 Box 1269) Round Rock, Texas 78664 (78680) 512/ 244 - 3885 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: City of Round Rock 221 E. Main St. Round Rock, Texas 78664 SECTION XII SECTION CAPTIONS Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or applir'ation. SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the Pro will be conveyed through the City's Director of Parks & Recreation Department and Director of Public. Works, and the Engineer shall confer frequently with the Director of Parks & Recreation Department and Director of Public Works throughout the Design Phase of the Project. The date for completion of the Design Ph is 30 calendar days following the execution of this Agreement. -7- SECTION XIV SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice-President shown below, and on behalf by its Mayor (thereunto duly authorized) �0 this the " day o , 19 a Attest: Attest CITY OF ROUND ROCK Mike Robinson, Mayor -8- ATTEST: C25RESEH &A LAND, City Secretary RESOLUTION NO. pax) WHEREAS, the City Council of Round Rock, Texas has executed a contract on January 28, 1988, with Espey, Huston and Associates, Inc. (EH &A) for the design for Old Settler's Park Road and Palm Valley Road, AND WHEREAS, The City Council of Round Rock desires to amend said contract to include construction staking for roadway improvements for the above - mentioned project, 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 amendment to the contract dated January 28, 1988, between the City and Espey, Huston and Associates, Inc., to include construction staking for roading improvements for Old Settler's Park Road and Palm Valley Road, a copy of said amended contract being attached hereto and incorporated herein for all purposes. �/ RESOLVED THIS a2G day of May, 1988. MIKE ROBINSON, Mayor City of Round Rock, Texas ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants May 18, 1988 Mr. Mike Robinson, Mayor City of Round Rock 221 East Main Street Round Rock, TB 78664 RE: Old Settler's Park to Pala Valley Road Design EH &A Job Nos. 11027 and 11080 Dear Mayor Robinson: This letter agreement serves to amend the executed contract of 28 January 1988 between the City of Round Rock and Ropey, Huston & Associates, Inc. (EH &A) to include construction staking for roadway improvements for the above- referenced project. EH &A will contract with Survey Resources, Inc. (SRI), a wholly -owned subsidiary, to perform the folloving Scope of Services: Scope of Services Hubs will be set along one side of the road at specified offsets from the centerline at even 50 -foot (ft.) stations in tangents and 25 -ft. stations in curves, as vell as all P.C.'s and P.T.'s. Offset hubs will also be set at the centerline station of culvert crossings. In each area vhere there is a center median, offset hubs will be set to the curb line of such median. The curb returns of all proposed future road intersections will be staked. Roadway centerline elevations have been published on the construction profile and, accordingly, cut sheets vill be issued to the roadway center- line. If cuts are required to the edge of ribbon curb or any other roadway feature, the calculations necessary to obtain plan elevations for such features will be performed as an additional service on a time- and - materials basis according to the City's standard rate schedule. The above work rill be performed using horizontal and vertical control points, on the site, provided by Baker - Aiklen and Associates, Inc. The control will be assumed to be accurate and correct. All staking vill be performed one time only with restaking to be performed as an additional service. Restaking vill be performed only upon request from the City. 110 South Brown • P.O. Box 1269 • Round Rock, Texas 78680 • (512) 244 -3885 Mr. Mike Robinson, Mayor May 18, 1988 Page 2 ESPEY, HUSTON & ASSOCIATES, INC. The fee for these services will be based upon actual time and materials expended based on the City's standard rate schedule with an estimated budget of $11,500. All additional services including, but not limited to, those outlined above will be on a time- and - materials basis and will not be included as a portion of the fee stated. We estimate that this work can be accomplished in accordance with the following schedule: Phase 1 - Highway 79 to Chandler Creek One week from notice to proceed Phase 2 - Balance of Project Four weeks from notice to proceed The above schedule and the associated fee estimate are based on the premise that the work will proceed in an orderly fashion in that each phase can be accomplished as single unit without interruption. If this Scope of Services and the proposed fee are acceptable to you, please countersign both copies of this amendment in the apace provided and return one to EH &A. This document will serve to amend the executed contract of 28 January 1988. William G. Griffin, P. E. Associate Office Manager Espey, Huston & Associates, Inc. 4i/eh, Nike Robinson Mayor, City of Round Rock DATE: May 23, 1988 SUBJECT: Council Agenda, May 26, 1988 ITEM: 9E Consider a resolution authorizing the Mayor to execute an amendment to a contract with Espey Huston dated January 28, 1988 for road design for Old Settlers Park at Palm Vw11ay. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: This agreement will expand the scope of services, to be provided by Espey Huston, to include construction staking for the park road. Staff recommends approvaL