CM-04-09-033Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: Engineering & Development Services Project Manager/Resource: Michael Thane
Contact Person: Latha/Laura Council Meeting Date: N/A
Project Name: South Creek Channel Improvements Funding Source: Capital Project Funds (GO 2001)
ContractorNendor Name: Espey Consultants, Inc. Assigned Attomey: Steve Sheets
Amount: $12,754.00 (contract, agreement,amendment,change order, purchase order,etc.)
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
XX
XX
No E ()it. t_ ✓ A.A.A f"` ;
Non
No RECEIVED SEP 0 9 2004
(see required signatures below before submission to the City Manager)
Initial Construction Contract
▪ Construction Contract Amendment #
Change Order
Q Change in Quantity
Q Unforeseen Circumstances
CInitial Professional Services Agreement
❑ Supplemental Professional Svcs. Agr.
❑ Purchasing/Service Agreement
ElPurchase Order
Item(s) to be purchased:
Amount
$12,754.00
▪ Other (Please clearly identify action on lines below)
Agenda Wording: Consider a resolution authorizing the City Manager to execute an Engineering Contract with
Espey Consultants Inc. for the South Creek Channel Improvements
Comments: The original contract expired. We are renewing the contract without any additional funding request
For Submission to City Manaq Onl
Project Mgr. Signature: %.. 0......1/20......1/2Date: 9 9 at/
Dept. Director Signature: 7(.� sh +-941.u.,., /a pate:
City Attomey Signature: `�.� Date: 41,01/
City Manager Signature:t Date: - •
" L : r al A • proval Is required for all items requesting City Manager's approval.
Finance Approval X❑ Finance -Date and Signature: 09-08-04 L.Olsen
▪ Purchasing -Date and Signature: n/a Howard Baker
g/administration/cmgr-council action.xls 7-14-04
DATE:
SUBJECT:
ITEM:
September 10, 2004
City Manager Approval
Consider an action by the City Manager to execute a Contract
for Engineering Services with Espey Consultants, Inc. for the
South Creek Channel Improvement Project.
Department: Engineering and Development Services
Staff Person:
Michael Thane, Sr. Engineer/Engineering Manager
Justification: Renew the expired contract with Espey Consultants, Inc. for the
design improvements to channel and drainage systems in the interest of flood
control, appearance and to facilitate maintenance. The scope of this project is to
develop construction plans for: Dry Branch Tributary No. 1 channel through South
Creek subdivision up to A.W. Grimes Blvd., Dry Branch channel in South Creek
subdivision from Mimosa Drive to its confluence with Dry Branch Tributary No. 1,
new slope stabilization for Dry Branch Tributary No. 1 near its intersection with
Gattis School Road just west of the Clay Madsen Rec. Center, and drainage
improvements on Greenlawn Blvd. just north of its northern intersection with
Parkside Circle to help alleviate inundation of the area during intense rainfall
events.
Funding:
Cost: $12,754.00
Source of funds: Capital Project Funds (GO Bond 2001)
Outside Resources: Espey Consultants, Inc.
Background Information: Dry Branch Tributary No. 1 channel traversing
through South Creek subdivision is difficult to maintain and is critical for carrying
flood waters safely through the subdivision. This same channel is experiencing
stabilization problems near its intersection with Gattis School Road. Also, there
have been flooding problems in the Greenslopes Subdivision just west of Dry
Branch Tributary No. 1 near the northern intersection of Greenlawn Blvd. and
Parkside Circle. This new agreement will provide design of channel improvements
that will increase channel capacity and improve the appearance and maintainability
of Dry Branch Tributary No. 1. The City Council approved the original agreement
with Espey Consultants, Inc. on September 11, 2003. The contract has expired and
it is necessary to prepare a new contract in order to continue the services. There is
no additional funding involved with this new contract.
Public Comment: N/A
"ROUND ROCK, TEXAS
vU RI'()SE. InsSION PIU19'EAIIT
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM ESPEY CONSULTANTS, INC.
ADDRESS: 3809 S. 2nd Street, Ste. B-300, Austin, TX 78704
PROJECT: SOUTH CREEK CHANNEL IMPROVEMENTS
("Engineer")
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
T I CON CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the y of , 2004 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
File Name: espey-screek channel imp; 72328
1
Rev. 09/07/04
00064494
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 fully 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 perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Twelve Thousand Seven Hundred Fifty -Four & No/100 Dollars ($ 12,754.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
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 in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
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:
Michael Thane, P.E.
Senior Engineer/Engineering Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-3236
Fax Number (512) 218-5563
Email Address mthane(a,round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Brian K. Ries, P.E.
Vice President
3809 S. 2nd Street, Ste. B-300
Austin, TX 78704
Telephone Number (512) 326-5659
Fax Number (512) 326-5723
Email Address dgray(aespeyconsultants.com
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 limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the 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 11
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 terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
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.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
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 fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
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 the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its 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 from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars from a company authorized to do insurance business in Texas and otherwise
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acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
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 future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be 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, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
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:
Brian K. Reis, P.E.
Vice President
Espey Consultants, Inc.
3809 S. 2nd Street, Ste. B-300
Austin, TX 78704
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 furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and 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 F ' tj D ROCK, TEXAS
Christine Martinez, City Secretary
ESPEY CONSULTANTS, INC.
By:
Signature of Principal
Printed Name:
14
APP' ,A EDS TO ORM:
Stepha L. Sheets, City Attorney
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
15
South Creek Channel Improvements — Design Phase
Contract Agreement
EXHIBIT A
South Creek Channel Improvements
"City Services"
The Scope of Services to be performed by the City is to facilitate the engineering, permitting and design
of channel improvements described in Exhibit B, by administering this contract and reviewing the work
performed by the engineer. The City shall:
1. provide to the engineer, without charge, copies as needed of all available maps, plans, as -built
drawings and any other information relevant to the project.
2. provide "Right of Entry" (landowner permission) if necessary for the engineer or his
subconsultants to access private property in order to perform the work.
3. shall meet with the engineer on a periodic basis to review the progress of the work, to answer
questions from the engineer, and for the purpose of commenting on the work.
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August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
EXHIBIT B
South Creek Channel Improvements
"Engineering Services"
The South Creek Subdivision in Round Rock, Texas
includes approximately 256 acres of single family and
multi -family development east of A. W. Grimes
Boulevard and west of Dry Branch. It lies south of
Brushy Creek and north of Gattis School Road, and
was platted in the 1980's. Dry Branch Creek
approximately marks the eastern boundary, and Dry
Branch Tributary Number 1 approximately bisects the
northern and southern half of the development. Dry
Branch Tributary Number 1 extends westerly and
southwesterly crossing A. W. Grimes Boulevard,
Green Slopes Park, Gattis School Road and Louis
Henna Boulevard, and includes a total drainage area of
2.055 square miles. The scope of the improvements to
be designed for this project is divided into three areas
along Dry Branch Tributary No. 1. Each of these
projects as shown on Figure 1 are described in detail
under the following task descriptions.
Task A: Dry Branch Tributary No. 1 Improvements
SOUTH CREEK
CHANNEL
„KAPROVEMENT
HANNE,
OVMEN-
Al"fl.-. SCH£lf
Figure 1: Project Location Map
The scope of this project includes the design of channel improvements at two separate locations along
Dry Branch Tributary No. 1. These improvements will occur through the South Creek Subdivision and
just upstream and downstream of Gattis School Road.
South Creek Channel Improvements — Constitutes the primary focus of the project that
channel extending through the South Creek
Subdivision starting at the South Creek detention pond
outfall and extending upstream to the A.W. Grimes
road crossing. These improvements will improve
channel conveyance, maintainability, and the overall
appearance of the drainage way. These improvements
will also include extending the proposed channel
section upstream along Dry Branch Creek to the
Mimosa Drive culvert crossing. Improvements
include the re -shaping of the existing cross section, the
installation of a pilot channel, modification of existing
concrete box culverts (Dry Branch Tributary No. 1),
utility adjustments, installation of maintenance access
point(s), and re -vegetation. The proposed channel
cross section will require the following utility
adjustments to be made due to routing conflicts as part
of the improvements:
ncludes the large
Figure 2: South Creek 1
Logan St.
oking downstream from
O:IwdarICORRIgnlleng serviscrkehanne1100072312.DOC August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
• 24" Wastewater Line @ confluence of Dry Branch Main and Dry Branch Tributary No. 1 —
Because downstream portions of this line can not be lowered, a 24" new gravity line will be
routed north to the area of the abandoned South Creek Lift Station within the abandoned MoKan
right-of-way for additional line depth. This design will include approximately 3,800 ft of 24"
wastewater line with associated appurtenances.
• Logan Dr, 8" Wastewater Line-- Record as -built information suggest that the lowering of the two
middle box culverts will not impact this line. However in the event that it is impacted, this 8" line
will be re-routed along the south bank of Tributary No. 1 and outfall into the new 24" gravity line
described above.
• Logan Dr. 12" Waterline — This existing line will likely need to be adjusted with the lowering of
the two middle box culverts at Logan Dr. No re-routing of the waterline will be necessary as part
of these improvements.
Channel Improvements at Gattis School Road - In
the upper reach of Dry Branch Tributary No. 1, dry
rock riprap placed immediately upstream and
downstream of Gattis School Road has been dislodged
due to shear forces incurred during significant flood
events. While some of the material is still in place,
some areas do not adequately serve to protect the
channel banks in critical areas including bends.
Erosion of the limestone bed and the channel side
slope toe threatens channel stability and maintenance
is problematic. The limits of these improvements
includes the removal of the original rock stabilization
measure, placement of an erosion control mat on
grassy side slopes, the creation of a pilot channel in
the native bedrock, the installation of rock toe walls in
selected reaches, and the integration of a series of
riffles and pools.
Figure 3: Dry Trib. No. 1 at Gattis School Rd: Looking
upstream toward Gattis School Road (western bank).
Work Breakdown Structure - The scope of this project includes the development of construction plans
for the South Creek Channel Improvements and the Channel Improvements at Gattis School Rd.
A 1. Project Management - EC will act as the main point of contact for the City of Round Rock and
coordinate and participate in four (4) regularly scheduled monthly progress meetings for the
purpose of discussing progress, status of project and addressing comments. EC will also manage,
review, and coordinate all work performed by subcontractors. A project work schedule will be
created and maintained through the duration of the project in a City approved format.
A2. Route Study of New Wastewater Line — EC will coordinate with the City of Round Rock staff
and attend meetings as necessary to conclude the exact alignment of the proposed 24" WW line.
EC will work with a surveyor to obtain the necessary field survey information related to the
proposed route and identify a shorter tie-in location, other utility conflicts and adjacent property
lines and ROW limits.
0:4wdarICORRignheng_sewlscrkchanne1100072312.DOC August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
A3. Coordination with USACE and Notification — EC will coordinate the proposed improvements
with the USACE for compliance with Section 404 of the Clean Water Act. At this time it is
anticipated that an individual permit for the proposed activity will be required. An individual
permit will require 90 to 120 days for review / approval assuming there are no major adjustments
or alternative request made by the USACE.
A4. Preparation of Construction Plans — Based on cost, input from the City of Round Rock, utility
conflict alternatives, geotechnical findings, USACE, availability of materials, etc., EC will adjust
the proposed design as necessary and develop construction plans of the proposed improvements.
Construction plans will include appropriate general notes to contractor, erosion / sedimentation
control measures, provisions for securing existing utilities (manholes, wastewater laterals, etc.),
plan and profiles of the channel, plan and profile of new 24" wastewater line, necessary cross-
sections, general details, structural details, landscape details, etc. as required for construction by
the contractor. EC will coordinate with utility companies; however, no major alignment
adjustments are anticipated other than those described in this scope. EC will prepare one draft set
construction plans and one final set of construction plans with incorporated draft comments.
A5. Preparation of Contract Documents and Specifications — EC will prepare contract documents and
technical specifications using format and standard documents provided by the City of Round
Rock. A construction cost estimate of the engineers opinion of probable cost will also be provided
for the draft submittal and then updated for the final submittal.
A6. Bid Phase Services — EC will provide a master copy of the bid documents for reproduction at the
City of Round Rock's expense. EC will provide assistance at a pre-bid conference, the bid
opening, tabulation of bids, and will make a recommendation of award following review of bid
results.
A7. Stormwater Pollution Prevention Plan — The Texas Pollutant Discharge Elimination System
(TPDES) regulations require that a Stonnwater Pollution Prevention Plan (SWPPP) be prepared
for construction activities that exceed one acre in size. EC will prepare the Stormwater Pollution
Prevention Plan (SWPPP) in accordance with TPDES Permit No. TX150000 and include it within
the project manual.
Task B: Drainage Improvements Near Greenslopes Park
The street drainage and storm sewer collection system
near the intersection of Greenlawn Boulevard and
Parkside Drive that outfalls into Dry Branch Tributary
No. 1 routinely experiences ponding/flooding during
storm events. The scope of this task includes
constructing an additional 6' x 3' (width x height) box
culvert and incorporating two 2 curb cuts (flume) to
intercept street drainage coming down Greenlawn
Blvd. The addition of the 6'x 3' box culvert will result
in lowering the flowline of the Greenlawn Blvd.
outfall channel by one foot and making the necessary
grade transitions Channel grading, a stream bank
breach, and bank stabilization measures along the
bank of Dry Branch Tributary No. 1 will also be
needed to provide the small Greenlawn Blvd. drainage
channel a direct outfall as opposed to its existing route
Figure 4: Near Greenslopes Park loo
Greenlawn Blvd.
ng upstream at
0:IvdoxlCO2RIgnlleng_sery crkchanne1100072712.0OC
August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
that runs behind private residence along side of Dry Branch Tributary No. 1 before out falling
downstream.
Work Breakdown Structure - The scope of this project includes the development of construction plans
for the Drainage Improvements near Greenslopes Park.
B 1. Project Management - EC will act as main point of contact for the City of Round Rock and
coordinate and participate in four (4) regularly scheduled monthly progress meetings for the
purpose of discussing progress, status of project and addressing comments. EC will also manage,
review, and coordinate all work performed by subcontractors. A project work schedule will be
created and maintained through the duration of the project in a City approved format.
B2. Preparation of Construction Plans — EC will prepare construction plans of the proposed channel
improvements. Construction plans will include appropriate general notes to contractor, erosion /
sedimentation control measures, provisions for securing existing utilities (manholes, wastewater
laterals, etc.), plan and profiles of the box culvert and channel, necessary cross-sections, details,
re -grading of unnamed tributary, etc. as required for construction by the contractor. EC will
coordinate with utility companies; however, no major alignment adjustments are anticipated. EC
will prepare one draft set construction plans and one final set of construction plans with
incorporated draft comments.
B3. Preparation of Contract Documents and Specifications — EC will prepare contract documents and
technical specifications using format and standard documents provided by the City of Round
Rock.
B4. Bid Phase Services — EC will provide a master copy of the bid documents for reproduction at the
City of Round Rock's expense. EC will provide assistance at a pre-bid conference, the bid
opening, tabulation of bids, and will make a recommendation of award following review of bid
results.
B5. Stormwater Pollution Prevention Plan — The Texas Pollutant Discharge Elimination System
(TPDES) regulations require that a Stormwater Pollution Prevention Plan (SWPPP) be prepared
for construction activities that exceed one acre in size. EC will prepare the Stormwater Pollution
Prevention Plan (SWPPP) in accordance with TPDES Permit No. TX15OOOO and include it within
the project manual.
General Understanding of Work
1. Design surveys will be needed for the 24" wastewater line, channel improvements at Gattis
School Rd., and the channel work related to the unnamed tributary downstream of Greenlawn
Blvd. All other surveys and the design survey for the portion of Dry Branch Tributary No. 1 just
downstream of A.W. Grimes will be provided by others and are not included in this scope.
2. Utility adjustments or relocations outside of those identified in the above-described scope are not
included.
3. Public coordination of meetings or presentations are not included.
4. Submittals to FEMA and the TCEQ are not included.
5. Environmental or architectural assessments or surveys are not included.
6. Construction phase services are not included.
0.'IwdoxICORRIgnlleng_serviscrkchanne1100071311.DOC August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
EXHIBIT C
South Creek Channel Improvements
"Work Schedule"
The following schedule is the time required upon receipt of 80% complete review comments:
Complete Construction Plans
Preparation of Final Construction Plans and Contract Documents
(includes approximately 5 working day review from CORR)
Advertise, Bid and Award
1 month
1 month
2 months
Total Project Duration 4 months
O. IwdoxICORRIgntieng_servlscrkchanne1100071311.DOC August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
EXHIBIT D
South Creek Channel Improvements
"Fee Schedule"
LABOR COS 1 DETAIL
Description
Man -Hour Estimate by Labor Classification
Subtotals
Time Cost
(hrs) ($)
Engineering
Principal Proj. Man. Staff Technician Clerical
Task A: Dry Branch Trib 01
A l - A7
_
40 40 32 4
118
$ 2,956
Task A Subtotal
2
40 40 32 4
118
$ 2,956
Task 0: Improvements Near Geenslopes Park
BI -135
0
4 8 4
16
$ 382
Task 0 Subtotal
0
4 8 4 0
16
$ 382
A & B subtotals:
2
44 48 36 4
134
$ 3,338
average raw labor rate:
$ 73.00
$ 32.00 S 23.50 $ 16.50 S 15.50
subtotal by labor classification:
$ 146
$ 1,408 $ 1,128 $ 594 $ 62
Direct Labor Overhead Rate (Fringe Benefit) 31% x Labor
$ 1,035
General and Administrative Overhead Rate 138% x Labor
$ 4,606
profit (12% of total labor cost)
$ 1,078
SUMMARY
Labor:
$ 10,057
reproduction:
$ 197
subconsultant (structural services):
$ 2,500
TOTAL
$ 12,754
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August 13, 2004
South Creek Channel Improvements — Design Phase
Contract Agreement
EXHIBIT E
South Creek Channel Improvements
"Certificates of Insurance"
alwdoxICORRIgnlleng_servlscrkchanne1100072312.DOC August 13, 2004
-CERTIFICATE OF LIABILITY INSURANCE Date: 8/18/04
PRODUCER:
Texas Associates Insurors
1120 Capital of TX Hwy S
Building Three, Suite 300
Austin, TX 78746
COMPANIES AFFORDING COVERAGE
INSURED
Ilailfordjnsurano Company
TSItiertti:aC
EsperConsuitants 11 l-C-axtfuitycOtitlitty
THIS IS TO CERTIFY THAT the Insured named above is insured 13y the Companies listed above with respect -
to the business operations hereinafter described, for the types of insurance and in accordance vvith the provisions
of the standard policies used by the conapanieS, and further hereinafter described. Exceptions to the polieteS are
noted below,
CO TYPE OF POLICY EFFECTIVE EXPIRATION EMITS
LTR INSURANCE NUMBER DATE DATE
GENERAL LIAM:mil ssSE.AEttnis 04/�uip4 otiotios GENERAL AGGREGATE S.2,000,000
PRODUOTS.COMP/OP Aqq. $ z,000poo
PERSONAL &ADV. INJURY S.1,000000
EACH OGCURREINCE. S.1,000,000
FIRE DAMAGE (anyone are) S 300000
MED. EXPENSE (Any one person) 10,000
A
AvTothopii•* ospEctri120/ 04/0:1414 :44/.01/44
ccihlowhi):$pLiAytir miqo,lop
BODILY1NJURY.(Per person) $
Bolo( IN3CRY.(PeraccIdent) S.
P.ROTERTY.13AMAGE
„AL
pccEss T.4.Ampri. 6$134:E.g,7175 '0.4(#1104 114/01/05
rfitcCCENcE. $ 2;000;000
AGGREGATE $ 2;000,000
A
lArCiRICERs'- COMPENSATION 65WECZE.308 04/01704 tiotros
AND EMPLOYERS' LIABILITY
STATUT2RY LIMITS $
EACH ACCIDENT $1,000,000.
DI5EASE - POLICY LIMIT S 1,000,000
DISEASE- EACFI EMPLOYEE $:1,000;000
PROPESSIONAL LIABILITY AR0000847 134/16/04 0446108
Aggregate
Per Claim
$2,000,000.
St(i10,o60:
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
The city. M Round Rock is named .as additional insured with respect to all pcilicies except: 'Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNATURr 08 AI TTHORTZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664
00650 -i2�03 Certificate of Liability Insurance
Page 1
Typed
Title:.Agent
. Reynolds