Contract - RPS - 6/26/2014I.ROUND ROCK, TEXAS
PURPOSE PASS1011 PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: RPS ("Engineer")
ADDRESS: 4801 Southwest Paiiiivay, Parkwav 2, Suite 150, Austin, TX 78735
PROJECT: Kensington and Windv Park Channels
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THIS -CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the20"day of OC , 201.4 by and between the CITY OF ROUND ROCK, a Texas home7
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.TC.A., Government Code §225.4.002(2)(A)(vii) tinder Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers, and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective .obligations of the parties;
NOW, THEREFORE, WITNESSETH:.
That for and in :consideration of the mutual promises contained herein and other good and
Valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the. respective parties Hereto, it is agreed as follows:
Engineering Services Contract
0199.1436; 00304182
R-2014-1543
Rev. 04/11
00192831
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fiilly a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perforin the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review tines by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(X) Terra. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it deterinuies, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. Atter execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as Rill compensation for
all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D.
Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of Ninety -Eight Thousand Eight Hundred Forty and 55/100 Dollars,
($98,840.55). 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 `Engineering
Services". Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified hi Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
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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 (3 0) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal finds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Danny Halden, P.E.
City Engineer
2008 Enterprise Drive
Round Rock, TX 78664
Office Ntunber (512) 218-6610
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Mobile Number (512) 801-4459
Fax Number (512) 218-5536
Email Address dhalderr@roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Paul Morales, P.E.
Sr. Project Manager
4801 Southwest Parkway
Parkway 2, Suite 150
Austin, TX 78735
Telephone Number (512) 326-5659
Fax Number (512) 326-5723
Email Address paul.rnnorales@rpsgroup.coni
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not Iimited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE I I
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it'necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terns of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs tinder this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documnents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights tinder the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in time Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fiilfill its obligations as set forth
herein.
(4) By City, for reasons of its own and, not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of tine Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct frons the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work tinder this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements: Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such fiuture coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawfid assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts bet%veen the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the paries hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Paul Morales, P.E.
Sr. Project Manager
4801 Southwest Parkway
Parkway 2, Suite 150
Austin, TX 78735
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or Rimished by Engineer and its employees under this
Contract will be the care and shill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(S) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services Rimished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(G) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has frill and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY JOUND ROCK, TEXAS 4Stepha
D AS TO ORM:
By:
Alan McGraw, Mayor Sheets, City Attorney
ATTEST:
By:�6YJML
Sara L. White, City Clerk
RPS
By:
IS(gnaturelbf Principal
Printed Name: MtAAI
15
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
The City will provide the following information and other assistance to the Engineer (RPS) that the
City deems appropriate and necessary:
1. Any readily available pertinent existing information relating to the sei vices to be performed
by the Engineer; the City will provide one copy of such information in a format chosen by
the City.
2. Clear direction and/or response to questions or requests made by the Engineer in the course
of the Engineer's performance of services.
3. Timely review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, if any, to the Engineer resulting from said
reviews.
4. The City will provide one copy of the hydrology and hydraulic models, sub -basin
boundaries, cross sections, floodplain and floodway extents from the UBC WCID study in
the electronic format through which it was provided to the City; and one copy of readily
available existing GIS data including, aerial photos, topographical data, property boundaries,
roadways, storm sewer systems, subdivision drainage studies or other such relevant data in
the electronic'format in which such data and information is stored at the City. If any data or
information requested by the Engineer is not stored electronically, the City will provide a
hard copy or scanned electronic copy as detertniined by the City.
EXHIBIT B
Enguieering Services
1. PROJECT DESCRIPTION
The objectives of the project are to conduct a hydrologic and hydraulic analysis on
Kensington Place and Windy Park Channels, Tributaries to Dry Branch Creek, to determine
flooding impacts and stream instability issues along the tributaries and to examine possible
solutions for these issues. Kensington Place Channel study limits begin at the water quality
pond upstream of Dell Way and extend to approximately 500 feet downstream of Gattis
School Road. The study limits for Windy Park Channel begin at the water quality pond
located approximately 380 feet upstream of Parkfield Circle and extend to approximately 300
feet downstream of Gattis School Road. Approximately 8,700 linear feet of channel will be
analyzed. The study will identify flooding and stream stability impacts and determine
sustainable alternatives solutions for City staff consideration.
2. SCOPE OF WORK
The scope of work for this project has been divided into the following tasks:
• Task 1: Data Collection and Field Investigation
• Task 2: Hydrology and Hydraulic Analysis
• Task 3: Alternative Solution Development
• Task 4: Study Report
• Task 5: Project Management
2.1 Work Breakdown Structure Tasks and Description
2.1.1 Task 1: Data Collection and Field Investigation
Task Description: RPS will obtain and. review the latest available floodplain and floodway models and
associated GIS data from the ongoing Upper Brushy Creek (UBC) WCID watershed study. RPS assumes
these models and GIS data are available through the City for use as part of this study. Review of the
models will determine the design assumptions for modifications made to the hydrology and hydraulic
models. RPS will also conduct field survey of three (3) road crossings, three (3) drop structures, two (2)
pond outfall structures, as well as ground elevations as indicated in the attached survey scope. These data
will be used in developing and updating the provided models and local drainage analysis. Survey
conducted for hydraulic structures will follow FEMA requirements, which will include hand sketches,
photos of the structures, and ASCII text files, in the anticipation the City may use the revised models as a
future FEMA submittal. Finally, RPS will assess required state and federal environmental permitting
needs for consideration on this project. The environmental assessment will only describe potential permits
and does not include coordination or submittal of such environmental permits. The environmental
assessment will be frilly described in the study report.
RPS will compile and provide a completeness review of all relevant and available data in preparation of
the hydrologic and hydraulic models and local drainage analysis. Should additional information be
required, it will be requested in writing from the City and reviewed for completeness when received. The
City will electronically provide hydrology and hydraulic models, sub -basin boundaries, cross sections,
Page B-Iof 3
floodplain and floodway extents from the UBC WCID study; and readily available existing GIS data
including, aerial photos, topographical data, property boundaries, roadways, storm sewer systems,
subdivision drainage studies or other such relevant data.
2.1.2 Task 2: Hydrology and Hydraulic Analysis
Task Description: RPS will use the WCID hydrologic and hydraulic models and update as necessary for
the Kensington Place Channel and construct a new detailed model for Windy Park Channel in order to
develop baseline models. These models will be used to determine existing impacts along both channels.
Hydrology sub -basins may need to be modified to strategically locate flow points along both channels.
The baseline models will be used to determine water surface elevations for existing 2-, 10-, 25-, 50-, 100-,
500 -year conditions as well as ultimate 25- and 100 -year conditions. Floodplain extents will be
determined for existing 100- and 500 -year and ultimate 25- and 100 -year conditions. RPS will prepare a
preliminary map showing impacted areas for discussion purposes with City staff. A meeting between RPS
and City staff will be held to discuss the baseline conditions and areas of flooding impacts and channel
instability. RPS understands the culvert at Oxford Blvd. is currently under construction and will be
modeled utilizing design plans obtained from the City.
2.1.3 Task 3: Alternative Solution Development
Task Description: RPS will use the identified flooding and channel stability impact locations to develop
channel and local drainage alternatives for consideration. The proposed solutions will be developed with
holistic watershed considerations in mind. RPS will investigate solutions to reduce overtopping of
Greenlawn Blvd. during large storm events which presently cause ponding at the intersection of Gattis
School Rd. and Greenlawn Blvd. In addition, the studies will investigate potential drainage improvements
for the swale behind the businesses on the northeast corner of the Gattis School/Greenlawn intersection as
well as for the drainage swale behind the homes on Breezy Ct. east of Windy Park Tributary. A maxhnum
of three (3) systems of combined alternatives will be modeled/developed for each channel with the goal of
reducing flooding impacts and increasing stream stability. Potential solution techniques could include
channel grading, rock drop structures, culvert crossing improvements, storm sewer improvements, and
detention pond retrofits. Channel aesthetics, environmental permitting needs, constn•actability, and cost
will be considered in conjunction with flood impact reductions when evaluating alternative solutions.
2.1.4 Task 4: Study Report
Task Description: RPS will prepare a detailed study report describing the hydrologic and hydraulic
modeling for the Kensington Place Channel and Windy Park Channel. The study report will provide a
narrative outlining the development of baseline models, identification of channel flooding and instability
issues, evaluation and selection of recommended alternative solutions, assessment of environmental
permitting needs, and development of solution cost estimates. RPS assumes one review of the draft
submittal by City staff in order to finalize the study document.
2.1.5 Tasks: Project Management
Task Description: RPS will provide project management and administration with respect to project
coordination, communication, contract management, scheduling, and status updates.
Page B-2of 3
3. KEY PERSONNEL
A summary of the proposed engineering team including names and titles are presented in
table B-1.
TABLE B-1
SUMMARY OF PROPOSED ENGINEERING TEAM PERSONNEL
NAME
TITLE
Paul Morales
Sr. Project Manager (RPS)
Duke Altman
QA/QC Manager (RPS)
Francisco Arce
Lead Engineer (RPS)
Rachael Weissman
GIS Analyst (RPS)
Jason Devaney
Sr. Enviromnental Scientist (RPS)
Chris Conrad
Survey (McGray & McGary)
Page B-3of 3
Survey Scope
(attacluuent to Exhibit B)
May 23, 2014 Mr -GRAY & McGRAY
LAND SURVEYORS, INC.
Paul Morales, PE, CFM, CPESC
RPS Group
4801 Southwest Pkwy.
Parkway 2, Ste. 150
Austin, TX 78735
(512) 326-5659
VIA EMAIL
paul.morales@rpsgroup.com
RE: Third Revised Proposal for Surveying Services for the Kensington Place Tributary
and Windy Park Tributary Hydrology and Hydraulic Study in Round Rock,
Williamson County, TX
Mr. Morales:
We appreciate the opportunity to provide you with this third revised proposal for surveying
services for the above referenced project. The following represents our understanding of the
scope of services being requested and our fee proposal:
Survey Limits:
♦ Kensington Place Tributary, as shown on your enclosed sketch
♦ Windy Park Tributary, as shown on your enclosed sketch
Scope of Services:
♦ Provide a detailed cross-section on the upstream side of each structure along the survey
limits. Structures will also include a cross-section approximately 100 feet upstream of
structure and one spot elevation on the downstream invert (8 structures).
♦ Provide a cross-section (profile) along the centerline of each bridge or structure along the
survey limits.
♦ Bridge locations and cross-section locations will be provided by you.
♦ Provide flowlines and top of bank elevations along the swale behind the businesses located at
the NE corner of Gattis School Rd. and Greenlawn Blvd. intersection.
♦ Provide inlet and curb elevations at the intersection of Gattis School Rd. and Greenlawn
Blvd.
♦ Provide outfall elevations behind the homes on Breezy Ct.
♦ Provide control per FEMA guidelines and specifications.
♦ Survey will be done on the same datum as the Upper Brushy Creek water. study.
Survey Field Notes:
The survey notes will represent graphically and clearly, in both plan view and profile view, what
was surveyed. All of the information required in the blanks at the top of the field note form, i.e.
5301 HANCOCK DRIVE. SUITE 6
AUSTIN, TEXAS 76731
(512] 461-8591 FAX t612) 451-6791
Mr. Morales
May 23, 2014
Page 2 of 7
rail height, deck thickness, culvert size, etc., will also be provided. The sketches will always be
looking downstream, showing the upstream face of any structure, and will also indicate the
direction of flow as well as show which way is North. The approximate location of every shot
will be shown on the notes along with the appropriate survey code. In rare situations where the
actual shot code is uncertain, the code will be replaced by a footnote and enough information
(pictures, descriptions, additional sketches, etc.) for the engineer to determine the appropriate
shot code.
Any dimensions that are not surveyed will be noted on the field notes. For example, the width of
the bridge deck, shape and dimensions of piers, dimensions of culverts, and thickness of the
culvert walls will not be surveyed but will be indicated on the notes. Sketches will show all
points surveyed with appropriate shot code description and point number.
Additional shots using the LIDAR codes (BRUSH, WOOD, or OPEN) will also be taken, one on
each side of the creek near the last (outermost) shot taken. The codes refer to the conditions
where the shot is taken, and are applied as follows:
OPEN: Cut grass or an open field
BRUSH: Tall grass or brush
WOOD: Shot taken under a wooded canopy
Cross Section Surveys:
The cross section survey will represent the natural ground of the channel, as well as where the
water will go once it goes outside the channel banks. Shots will be taken at the channel banks
(CB), at the top and edge of water (TE), along the bottom of the channel (H2O), and at sufficient
points on the ground (GR) to show the profile of the watercourse. Each cross section will contain
the temporary bench mark (ERM), exactly two CBs, two TEs, at least four GR's, and at least
three H2O shots. GR shots will be taken at significant breaks (corners) in the ground profile, and
at least two will be taken outside of each channel bank. The ground profile for cross section
surveys will extend 50' outside of the channel banks. The number of H2O shots can be as many
as necessary to show all of the changes in elevation of the channel. The notes will indicate where
the pictures are taken from and which direction the photographer is facing.
Bridge Surveys:
Two general features are recorded in a bridge survey, the structure of the bridge and a ground
cross section upstream of the bridge. The structure survey will include a profile of the top of
road, deck dimensions, rails, abutments, and piers (including dimensions and shape). The
hydraulic length of the bridge, which is the distance water must travel underneath the bridge, will
be directly measured and shown on the survey notes. The deck thickness will be directly
measured and recorded.
Top of Road and Low Chord
The top of road TR is defined as the highest -grade line of the road along the structure. In most
cases, this is represented by the crown down the center of the road. The survey of the top of road
shall begin 100' down station of the beginning of the bridge and end 100' up station of the
Mr. Morales
May 23, 2014
Page 3 of 7
bridge. In other words, the survey of the top of road will extend at least 100' beyond either end
of the structure. BEGIN and END shots will be taken on the top of road where the abutment
begins. Every bridge will contain BEGIN and END codes. At least two LC shots will be taken at
the upstream face of the structure where the abutments begin. If the deck thickness varies, such
as short approach spans that have shallower beams, sufficient LC shots will be taken to represent
the geometry of the bridge deck. At points where the deck thickness suddenly changes, LC shots
will be taken near each other at the location where the change occurs. All changes in deck
thickness will be measured and recorded on the field notes. Also, where the deck thickness was
measured on the face of the bridge will be shown on the notes.
Abutments
The beginning of the abutment (at the top of the road) is noted by the codes BEGIN and END.
Like piers, these run from left to right looking downstream. The toe of the abutment (TOE) will
also be surveyed. These shots represent the trapezoidal (or rectangular, in case of some older
bridges) opening of the bridge. All abutment TOE shots will be taken.
Rails
The rail, if one is present, will be surveyed at each corner with enough shots to represent the
geometry of the rail. Only survey the rails that would restrict the flow of water such as concrete
barriers or concrete railing will be surveyed as RAIL. All metal railings that will not restrict the
flow of water such as pedestrian rails will be surveyed as MRAIL.
Piers
Piers are numbered from left to right looking downstream (P1 #.#, P2 #.#, etc.) and are surveyed
at the ground. If a scour hole is present at the pier, survey the pier base as if the hole were filled
in. The dimension of the pier is given in the shot code and shown in feet (P1 2.0 = Pier 1, 2 feet
in diameter). The shape of the piers will be 'noted somewhere on the field notes, but there is no
code for shape. If there is a footing or cap, record the dimensions on the field notes. If the pier
tapers, include the bottom diameter with the shot code and list both the bottom and top diameters
on the field notes.
Ground Cross Section at Face of Bridges
Instead of taking a cross section downstream of the bridge, a downstream invert shot (DS IN) is
taken at the flowline of the channel at an appropriate location downstream of the bridge. The
cross section survey will be taken upstream of the structure. The cross section survey will
represent the natural ground of the channel, as well as where the water will go once it goes
outside the charnel banks. Shots will be taken at the channel banks (CB), at the top and edge of
water (TE), along the bottom of the channel (H2O), and at sufficient points on the ground (GR)
to show the profile of the watercourse. Each cross section will contain the temporary bench mark
(ERM), exactly two CBs, two TEs, at least four GR's, and at least three H2O shots. GR shots
will be taken at significant breaks (corners) in the ground profile, and at least two will be taken
outside of each channel bank. The ground profile will extend 50' outside the channel banks. The
number of H2O shots can be as many as necessary to show all of the changes in elevation of the
channel but no less than three.
Mr. Morales
May 23, 2014
Page 4 of 7
Culvert Surveys:
Two general features are recorded in a culvert survey; the structure of the culvert and a ground
cross section upstream of the culvert. The structure survey will include a profile of the top of
road taken at the crown of the roadway, extending 100' from each end of the structure, the
opening(s) of the culvert, wall thickness, and culvert hydraulic length.
Top of Road The top of road TR is defined as the highest -grade line of the road along the
structure. In most cases, this is represented by the crown down the center of the road. Do not
survey any railing as TR. The survey of the top of road shall begin 100' down station of the
beginning of the. bridge and end 100' up station of the bridge. In other words, the survey of the
top of road will extend at least 100' beyond either end of the structure. Culvert surveys do not
have LC, BEGIN and END shots.
Culverts
Culverts are numbered from left to right looking downstream, and are coded as either circular
pipe (P), elliptical (E), or as a box (B), and the shot code is followed by the culvert opening
dimensions (in feet), height followed by width. The culverts are surveyed by taking shots in the
center of the opening at one of three locations: at the bottom of the opening, at the top of the
opening, or on top of the culvert. Shots are taken at the upstream (U) and downstream (D)
openings of all culverts. If the shot is taken at the bottom of the opening, the shot is coded UIBI,
followed by the dimensions. If the shot is taken at the top of the opening, the code would be
UTBI followed by the dimensions. If the shot is taken at the top of the culvert (top of headwall),
the shot is coded the same as the top of the opening, but the thickness (in feet) of the culvert
headwall follows the dimension of the box. For example:
UIP14.0 Upstream shot, bottom of pipe I
UTP14.0 Upstream shot, top of inside of pipe 1
UTP 14.0 0.5 Upstream shot, top of pipe 1
The downstream shots would have a "D" replace the "U". For a box culvert, replace the "P" with
a "B", and for an elliptical pipe replace the "P" with an "E."
The preferred location of these three is the bottom shot. However, if a culvert contains sediment
the blockage will not be surveyed. The shot will be taken at one of the other two locations. Also,
all shots will be taken from a consistent location at each survey, not mixed within a specific
Mr, Morales
May 23, 2014
Page 5 of 7
survey file. They can be different from structure to structure, but if one barrel of a structure
requires a top of box shot, they all will be shot at the top.
Measure and record the wall thickness. When possible, measure the distance from the
headwall to the top of the culvert. When the culvert is skewed, measure the opening along the
face and also measure the opening perpendicular to the culvert wall. The latter is the correct
measurement.
CaxrrttlYS,i�h" `` SH71)i�t1��
7
S'SreitR €'SO'N ',�
Ground Cross Section at Face of Culverts
Instead of taking a cross section downstream of the bridge, a downstream invert shot (DS 11) is
taken at the flowline of the channel at an appropriate location downstream of the bridge. The
cross section survey will be taken upstream of the structure. The cross section survey will
represent the natural ground of the channel, as well as where the water will go once it goes
outside the channel banks. Shots will be taken at the channel banks (CB), at the top and edge of
water (TE), along the bottom of the channel (H2O), and at sufficient points on the ground (GR)
to show the profile of the watercourse. Each cross section will contain the temporary bench mark
(ERM), exactly two CBs, two TEs, at least four GR's, and at least three H2O shots. GR shots
will be taken at significant breaks (corners) in the ground profile, and at least two will be taken
outside of each channel bank. The ground profile will extend 50' outside the channel banks. The
number of H2O shots will be as many as necessary to show all of the changes in elevation of the
channel but no less than three.
lop aflioad
[U'r�21Q 6 Q U'Ini 10 8 2
Fun
UMI 109 5edrmuntlnlamn UIP435
s�
D 210 tl„
DM1109f" T1B310 8 dTP4 35 0
TR: •- TR• i ii fi ► Tft TR.
UrB230fl0'
UIBI 10 p I-39 i0 62 [lU'A 3-5GR' •GR Pq GR CIL CB h { CH C4R G12 *GR 'GR
Slnarn Flow
ERM:
Mr. Morales
May 23, 2014
Page 6 of 7
An Elevation Reference Mark ERM will be set on the upstream left headwall of each structure.
This will be chiseled as either a square or an X. If an ERM already exists and is shown on any
old Flood Insurance Maps, do not create a new one.
The elevation datum for this project will be NAVD88. All coordinates provided will be Texas
State Plane Coordinates at grid location.
Fee and Schedule:
2 Man Crew:
70 hrs @
$146.00 /hr.= $
10,220.00
RTK Crew:
18 his @
$220.00 /hr.= $
3,960.00
GPS Processing:
5 hrs @
$105.00 /hr: $
525.00
Field Coordinator:
7 hrs @
$95.00 /hr: $
665.00
Sr. Tech:
17 his @
$93.00 /hr.= $
1,581.00
Tech:
35 his @
$72.00 /hr.= $
2,520.00
RPLS:
5 hrs @
$140.00 /hr.= $
700.00
Project Manager:
2 hrs @
$160.00 /lu•.= $
320.00
TOTAL= $
20,491.00
** This proposal currently refers to survey code established for Appendix N. For this
work, however, we will use current survey codes as established by Appendix M.
We can begin this project as soon as notice to proceed is given. We estimate this project will
take approximately 2 to 3 weeks to complete this project, weather and circumstances beyond our
control permitting.
We will not exceed the proposed fee without authorization from you and/or the City of Round
Rock. If more structures are discovered or more cross-sections required, a proposal for
additional services will be needed.
Mr. Morales
May 23, 2014
Page 7 of 7
Thank you for including us on this project. We look forward to the opportunity to work with you
and the City of Round Rock. If you think we have omitted any service you require or
misinterpreted your request, please let ane or Chris Conrad know.
Sincerely, Authorized to Proceed by:
Judith "JMcGray, LS Signature Date
President
TBPLS )Firm #10095500
Print Name Title
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EXHIBIT C
Work Schedule
The schedule below provides approximate durations associated Nvith the anticipated milestones:
Kensington Place and Windy Park Channels
Preliminary Engineering Study
Month
1
Month
2
Month
3
Month
4
Month
5
Month
6
Month
7
Task 1::.Data Collection andTield _Investigatio. n
obtain data and models
Field survey (McGray & McGray)
Environmental field assessment
Review data obtained
-
Review and revise hydrology
Review and revise Kensington Place hydraulics
Develop Windy Park hydraulics
Task 3: Alter.hative:Solution'D.evelopment,
'
Kensington Place alternatives (3, scenarios)
Windy Park alternatives (3 scenarios)
Environmental assessment for. alternatives
Select recommended_ alternatives
Ta*4:"Study,Report:
Develop report
Prepare exhibit
Prepare cost estimates for alternatives
Incorporate City comments
Task.5 Brojecf`:IVlanagement=
Project coordination
Status meetings and project discussion (3
max)
EXHIBIT D
Fee Schedule
Task
Total
Labor Hours
Total
Loaded Labor Cost
Other
Direct Costs
Subconsultants
TOTALS
Task 1: Data Collection and Field Investigation
62
$7,360.00
$90.00
$21,515.55
$28,965.55
Task 2: Hydrology and Hydraulic Analysis
153
$18,100.00
$0.00
$0.00
$18,100.00
Task 3: Alternative Solution Development
188
$25,600.00
$0.00
$0.00
$25,600.00
Task 4: Study Report
142
$18,125.00
$100.00
$0.00
$18,225.00
Task 5: Project Management
54
$7,800.00
$150.00
$0.00
$7,950.00
GRAND TOTAL:
1 599
1 $76,985.00
$340.00
1 $21,515.55
1 $98,840.55
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
ACCPR CERTIFICATE ®F LIABILITY INSURANCE
DATE (FI?
4/29/20144
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certiftcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the tornis and conditions of the policy, certain policies may require ali endorsemont. A statement on this certificate doss not confer rights to the
certiftcate holder In Ilett of such endorsement(s),
PRODUCER
Upstream Insurance Brokers
2020 North Memorial. Way
Houston TX 77007
N+n T,T, CT Rosemary Gonzales
nIIOAATIE
n , (713)869-3100 I+e . (713) 869-9920
MUL
EUD VSs-rgonzalea0upstreaminsurance.com
INSURERS AFFORDING COVERAGE NAICN
IIISURERA;Catlin Specialty Insurance Co 15989
INSURED
Espey Consultants, Inc. dba RPS
41.1 N. Sam Houston Pkwy
Suite 400
Houston TX 77060
INSURER E:Liberty Mutual Insurance Co 23043
INSURERCsAXis Sur lug Insurance Co. 26620
INSURERD.Libertv Mutual Fire Ins Co 23035
INSUREREtACE American Insurance Cc 2267
INSURERF:
CnVFRAr'FS CERTIFICATE NUMBER CL1311103203 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
TRDMR
TYPEOFINSURANCE
DMR%V
B
POLICYNUMER
POLICY
D
POLICY EXP
1hYL
LIdITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
X CO1,9.IEnCIA-GENERALLIABILITY
DAMGE
PREl1SES EnENTEb ooaxrerco $ 1,000,000
MEDEXP(Anyon- person) S 10,000
A
CLAWS -MADE XI OCCUR
X
RG^7.98691-1.114
1/5/2013
1/5/2014
PERSCHAL&ADVINJURY $ 1,000,000
X Prof Liab �- $1114 -CLQ
etre pate: 04/16/96
GENERAL AGGREGATE $ 2,000,000
X Cont Poll- $11•R•1 -Cid
aetro Date: 10/12/2011
GENLAGGREGATE LIMITAPPMESPER
PRODUCTS-COMPIOPAGO $ 2,000,000
$
POLICY FX-1PRO LOC
AUTOMOBILE LIABILITY
O�N�D1 LIMIT 1,000,000
BODILY INJURY (Per person) S
B
X ANYAUTO
ALL OANED SCHEDULED
A1J70$ AUTN M-IVNED
HIRED AUTOS HAUTOS
X
56641439037 023
1/5/2013
11/5/2014
BODILY INJURY (Pcf oWdml) S
PROPERTY DPJ.IAGE $
Petaceldent
S
UMBRELLALIAII
X
OCCUR
EACHOCCURRENCE $ 10,000,000
AGGREGATE $ 10,000,000
C
X
EXCESSLIAB
CLAIMS -ME
X
110748604/01/2013
11/5/2013
1/5/2014
DED RETENTIONS
$
%YORKERS=sPEN$ATIon
AND EMPLOYERS' LIABILITY
ANY PROPRIETORPARTNERIEXECUfIVE j * "j
(MandattoryIn1,111) EXCLUDED? �` ]
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11.1
LI/5/2013
1/5/2014
X OG ST TU- DTH•
E,L EACH ACCIDENT $ 1 000,000
EL DISEASE-EAEMPLOYE $ 1000 000
', IT 1 000 000
$
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DESCRIPTION OF OPERATION$beavE.L_DISFASE-POLICYLLI
al USLLB,BIT L,OCSLh,VoltS
E
Foreign Package
IIF A37916742
1/5/2013
11/5/2014
Seallo:e
DESOPJPTIONOPOPERA*IIOI1SILOCATi0N81VE,i1CLES (Attach ACORDiet,AddiflonaTRemacksScheduTe.lfmoreep3cefsrequlred)
Project: P0045.14 Round Rook Gen Services
The City.of Round Rock is included as Additiona Insured with respect to all policies except Workers'
Compensation and 19mployers' Liability and Professional Liability as required by written contract.
City Manager
City of Round Rook
221. E. Main Street
Round Rock, TX 78664
ACORD 25 (2010106)
IN8026 (201085)-07
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Fontaine/RG
v'Iuaa Lu tO tTaurcv �,vrcrvrcri, a'Iv. nu nBm� , cans vvu.
The ACORD name and logo are registered marks of ACORD
rOREIGN PACKAGE POLICY #PHFD37916742 - 11/5/2013-11/5/2014
Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate Limit/ Products Completed Operations
$1,000,000 Premises Damage Limit
$1,000,000 Personal Injury & Advertising Injury
$ 10,000 medical Payments
$1,000,000 Employee Benefits
Contingent Auto Liability - $1,000,000 CSL
Hired Car Physical Damage - $40,000 Any One Accident
$40,000 Any One Policy Period
Contingent Employers Liability
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
$1,000,000 maritime Employers Liability
$1,000,000 Executive Assistance (including Repatriation)
AD & D/ Medical Employee Coverage
AD & D - $100,000
Medical Expense - $1,500,000
Aggregate - $1,500,000
Commercial Property
$10,000 Personal Property
Employment Practice/ Fiduciary/ Crime
Federal Insurance Co.
Policyll 6803-6809
11/05/2013-11/5/2014
Limits:
EPLI - $3,000,000
Fiduciary - $1,000,000
Crime - $500,000 Each Agreement
Excess Liability drops down and provides Excess on all Primary Liability lines -- follows
form of underlying. All primary liability lines included in schedule of underlying.
Schedule of underlying includes General Liability, Auto Liability, Worker's
Compensation/Employers Liability, Foreign Package, Professional Liability and Contractors
Pollution Liability.
Alternate Employers is included on Worker's Compensation if required by written contract.
Maritime Coverage includes USL&H, Death on the High Seas, Outer Continental Shelf Lands
Act, Jones Act, InRem.
Gulf of Mexico Territorial Extension
General liability includes Separation of Insureds, Blanket Contractual Liability, Broad
Form Property Damage and Independent Contractors.
30 Day Notice of Cancellation/Change
All carriers are rated "A" XV by A. M. Best's,
OFREMARK COPYRIGHT 2000, AIMS SERVICES XNC.
Carriers Affording Coverage—Texas Department of Insurance Number for Each
Companies Affording Coverage
TDI
A
Catlin Specialty Insurance Company
13782143
8
liberty Mutual Insurance Company
47950
C
Axis Surplus Insurance Company
101170
D
liberty Mutual Fire Insurance Company
47900
E
ACG American Insurance Company
42160