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CM-2015-833 - 7/20/2015AROUND ROCK, TEXAS PURPOSE. PASSION PROSPERITY: CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: LOCKWOOD, ANDREWS & NEWNAM, INC. ("Engineer") ADDRESS: 8911 N. Capital of Texas Hwy, Building 2, Suite 2300, Austin, TX 78759 PROJECT: Oak Bluff Drainage Analysis THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THI CONTRAPT, FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the C flay of b( 1k,1 , 2015 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 0199.1531; 00337892 Rev. 04/13 00296523 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 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 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. 2 (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 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 Forty -Four Thousand Six Hundred and No/100 Dollars, ($44,600.00). 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 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 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which 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: Alysha Girard Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number (512) 218-6646 4 Fax Number (512) 218-5536 Email Address agirard@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: Chad Cormack, PE, CFM Regional Stormwater Manager 8911 N. Capital of Texas Hwy, Building 2, Suite 2300 Austin, TX 78759 Telephone Number (512) 338-2718 Fax Number (512) 338-4942 Email Address cmcormack@lan-inc.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. 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. 101 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 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 under 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 documents 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 under 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 the 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. 7 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 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 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. 10 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 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 (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 11 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 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) 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 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. 12 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Chad Cormack, PE, CFM Regional Stormwater Manager 8911 N. Capital of Texas Hwy, Building 2, Suite 2300 Austin, TX 78759 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. 14 (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, 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 ROUND ROCK TEXAS R VED AS ATOORM. 9 By: xa-Me&aw, -ayk Stepha . Sheets, City Attorney ATTEST: LZLkdv!w.�Sara L. White, City LOCKWOOD, ANDREWS & NEWNAM, INC. By: �of gnature Principal .011 Printed Name: 1"�,reK S} 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 (LAN, Inc.) that the City deems appropriate and necessary: 1. Any readily available pertinent existing information relating to the services 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. Relevant information specific to the Oak Bluff Area including: a. As -Built stormdrain infrastructure b. GIS stormdrain infrastructure c. Historical flood event high water marks, photographs, rainfall data, and flooding complaints d. Previous H&H analysis done in the Oak Bluff area e. GIS landuse data f. GIS structure data with monetary structure values 5. Any field survey data that is needed for the duration of the project Engineering Services 1. PROJECT DESCRIPTION The goal of the Oak Bluff Drainage Study is to support the City in their efforts to assess the flooding issues in the Oak Bluff neighborhood with a focus on but not limited to the Area of Interest shown in Exhibit B-2. To accomplish this goal requires an understanding of the limitations and deficiencies of the existing drainage systems that serve the region and the objective prioritization of improvement recommendations through projects that are both functionally efficient and financially practicable. 2. SCOPE OF WORK The scope of Work for this project has been divided into the following tasks: Task 1: General Project Management Task 2: Data Collection Task 3: Analysis Task 4: Reporting Task 5: Direct Costs and Reimbursable Expenses 2.1 Work Breakdown Structure Tasks and Description 2.1.17rask1: General Project Management Task Description: 2.1.1.1 — General Project Management General project management will be ongoing through the period of the contract and include items such as participation in the development of a Project Management Plan, developing and updating the project schedule, preparing contract correspondence, transmitting deliverables, documenting the quality control process, and other project oversight activities. 2.1.1.2 — Working Meetings with City Staff Working meetings with City staff shall be held to discuss study related issues, review the progress of the work effort, or to address issues which may arise. If requested by the City, the Engineer shall prepare and deliver meeting minutes to the City within five (5) working days after each meeting. The total anticipated number of meetings is three (3). 2.1.2Task2: DataCollection Task Description: 2.1.2.1 — Document Collection The Engineer will collect, review and organize the relevant information related to storm water in the Oak Bluff Region. City provided as-builts, available reports, GIS data, and existing models will all be reviewed for inclusion within the analysis and final report. 2.1.2.2 — Site Visits Site visits will be performed to visually inspect specific problem areas and drainage features identified in the initial review and data collection. A total of one site visit is anticipated. The Engineer will document the site visit with field observation reports and organized photos. The Page B-1 of 6 Engineer shall coordinate with the City before making the site visit so that the City may opt to attend the site visit. 2.1.3Task3: Analysis Task Description: 2.1.3.1 — Existing Conditions Model — Hydrologic Analysis a. "Rain on Mesh Simulation" A high level simulation will be built that drapes a rainfall hyetograph directly on a 2D surface in Infoworks ICM for the 100 -yr rainfall event. The simulation will include the digital drainage infrastructure that can be quickly imported into the model. The results from this simulation will be utilized in the development of the hydrologic and hydraulic parameters that will be used in the detailed analysis. b. Delineate Drainage Areas Drainage areas from any available previous studies will be confirmed and delineated as necessary within the study area based on the LiDAR data, as -built, survey, and site visit information. Drainage areas for inlets within the Oak Bluff region will be delineated to the individual inlet level and offsite contributing drainage areas will be delineated to the manhole level. c. Hydrologic Parameters Hydrologic parameters for drainage areas will be confirmed and modified as necessaryfrom previous studies for runoff volume determination and routing. This effort will involve using City standards, soils data, aerial imagery, and field visits. d. Time of Concentration Determination The time of concentrations from previous studies will be confirmed and determined as necessary for each drainage area. Time of concentration will be calculated according to City design standards e. Runoff Hydrographs Using the drainage areas, runoff hydrographs will be confirmed and developed as necessary. The runoff hydrographs will be developed according to City drainage criteria for 10-, 25- and 100 -year storm events. Individual runoff hydrographs will be developed for each drainage area for each storm event. Each individual hydrograph will be linked to the associated receiving node (inlet, manhole, ditch) in InfoWorks and assigned as an inflow hydrograph. Historic Flood Events Runoff hydrographs for the historic flood events of October 2013 and May 2015 will be developed for each of the drainage areas. Fifteen minute incremental rainfall depths from the nearby Upper Brushy Creek WCID Dam #19 will be used to produce the runoff hydrographs. It is not anticipated that additional rainfall data will be required due to the proximity of the above mentioned rain gage as it is unlikely significant variance in rainfall depth occurs over the relatively small contributing drainage areas to the study region. g. Quality Assurance/ Quality Control Quality Assurance/Quality Control (QA/QC) Plan: hydrologic data will be reviewed by the Engineer for consistency with City requirements and methodology. Page B-2 of 6 2.1.3.2 — Existing Conditions Model — Hydraulic Analysis Storm Sewer Network A modeling node and conduit network will be developed to represent culverts, cross culverts, bridges, dam outlet structures, storm sewer inlets, and storm sewer conduits found within the area. The schematic will be based on available survey data, City GIS information, field visit data, and previously provided data. The offsite contributing storm sewer system will be aggregated and simplified to the manhole level. The conveyance network will be developed and documented using GIS. b. Tail Water Evaluation and Development A tail water condition for each outfall will be evaluated based on City requirements and the best available hydraulic data for Brushy Creek. LAN will review with the City all tail water assumptions and methods chosen. c. Two -Dimensional Modeling Mesh LAN will export LiDAR DTM data from point format to a height -aware shapefile InfoWorks compatible format. Simulation areas requiring increased surface resolution will be determined to more accurately model field conditions and create 2D modeling mesh. d. Overland Flow Roughness Values Overland flow roughness polygon boundaries will be defined within GIS using land use data, aerial imagery, and data acquired from field visits. Appropriate roughness values as defined by City standards will be assigned for each roughness area and roughness polygons will be imported into the dynamic hydraulic model. e. Hydraulic Analysis — Run Model Dynamic hydraulic models will be analyzed for 10-, 25-, and 100 -year storm frequencies. Model errors and warnings will be reviewed and addressed as necessary. Model stability will be evaluated and instabilities reduced in order to provide a highly quality numeric representation of field conditions f. Historic Flood Event Calibration Dynamic hydraulic models will be analyzed for the October 2013 and May 2015 events. Flood inundation results will be compared against the available historic flood data which is expected to include photographs, high water marks, google earth imagery (for 2013 event), and flood complaints. It is expected that all historic flood data will be provided by the City. The hydraulic model parameters will be appropriately calibrated to match the two above flood events within acceptable tolerances. g. Quality Assurance / Quality Control Quality Assurance/Quality Control (QA/QC) Plan: hydraulic and existing conditions data will be reviewed by the Engineer for consistency with City requirements and methodology. The existing conditions model will be evaluated to identify the core problem areas and the infrastructure deficiencies that cause the problems. 2.1.3.3 — Develop Improvement Alternatives Model — Hydraulic Analysis Improvement alternatives will be developed to address drainage deficiencies as defined by the City. Improvements such as storm sewer improvements, open roadway conveyance improvements, and timing modifications will be considered. LAN will give priority to those improvements that maximize the use of existing infrastructure. Improvement benefits will be evaluated on ability to reduce flood frequency and depth to area homes and roadways. Up to Page B-3 of 6 three (3) recommended alternatives comprised of multiple components that bring the drainage and reduce flooding in the area will be evaluated. Problem Area Identification and Conceptual Improvement Alternatives Conceptual improvement alternatives will be developed to address the identified deficiencies. Improvement alternatives will be evaluated on potential benefit, improvement type (roadway, ditch, storm sewer, open channel), construction disruption, and potential cost. Once conceptual improvement alternatives are established, a meeting will be held with City Staff to review the conceptual solutions before detailed modeling begins. b. Model Proposed Improvements Up to three (3) identified improvement alternatives will be modeled in the dynamic 2D hydraulic model for the improvements. Model development for the proposed alternatives will build upon the existing conditions modeling effort. Impacts to adjacent communities and downstream channel impacts will be evaluated for each improvement alternative. The proposed improvements modeling effort is an iterative process that involves evaluation of benefit and impact for different alternatives and subsequent modification and optimization. c. Document Benefits LAN will determine and document the benefits for each of the finalized alternatives. The project benefit will be defined as an increased level of protection as compared to the existing condition and the number of structures removed from flooded conditions in accordance with City prioritization criteria. d. Cost Estimates Planning level cost estimates will be prepared for each of the alternatives. The Engineer will develop an Estimate of Probable Construction Cost (EPCC) for each alternative. The cost estimates should include all major project items such as inlet counts, storm sewer linear footages, major utility relocations and pavement or concrete replacement with an overall 25% contingency. e. Quality Assurance/ Quality Control QA/QC review process will be documented at major milestones. 2.1.3.4 — Model Output and Exhibits Model output and exhibits will be created after all modeling iterations have been completed and the report has reached the draft phase. a. Tabular Output Tables for model input and output information will be created to document the results of the different analysis. Model input information including runoff coefficient calculations, impervious cover calculations, rational peak flow calculations, and subcatchment dynamic peak flow values will be summarized. Model output including ponding depth comparison tables and descriptions of improvement alternatives will be summarized. b. Drainage Area Map A system level existing conditions drainage area map will be produced for the study area. The drainage area map will be presented in a format that clearly shows the storm system node -link layout, actual drainage area, and subareas delineated by boundary line. The drainage area maps will include the drainage area name, Page B-4 of 6 contributing drainage area, time of concentration in minutes, and the 25 -yr rainfall runoff rate. c. Inundation Map Inundation exhibits will be produced for the drainage systems within the project limits that clearly show the storm system node -link layout and inundation areas for the frequency storms studied. These exhibits will include the inundation extents and inundation depths for existing conditions and the preferred alternative. d. Digital Data Submission A DVD or CD of all digital items will be provided. Items are to include the InfoWorks model, GIS exports, and other relevant information used to conduct the analysis. Engineer shall endeavor to provide the maximum Drainage areas, roughness, obstructions, surfaces, and depth grids. 2.1.4Task4: Renortina Task Description: 2.1.4.1 — Draft Preliminary Technical Memo The engineering technical memo will include a discussion of the work performed, general methodology, assumptions applied during the course of study, a discussion of the study goal, the reported drainage problems, possible structural flooding, system capacity issues, a discussion of deviations from general methodology, and a discussion of findings and recommendations. Improvement alternatives will be documented individually and an assessment of project need, benefit, and potential challenges such as ROW or environmental impacts will be addressed. A draft memo will be compiled to include text, model output, and exhibits for the City's review. All Microsoft Word and Excel documents used to generate the draft report are to be included as well as the final models, shapefiles, databases, and worksheets used will be included on a compact disc, DVD or FTP site. 2.1.4.2 — Finalize Technical Memo One (1) round of comments from the City will be used to revise and update draft report and attached exhibits. 2.1.4.3 — Quality Assurance / Quality Control QA/QC review process will be implemented and documented for the draft and final technical memo. 2.1.5TasM Direct Costs andReimbursableEx enses Task Description: 2.1.4.1 — Direct Costs and Reimbursable Expenses Reimbursable expenses will be billed to the Client by invoice. Reimbursements shall be the actual invoice costs. A reimbursable expense budget of $300 has been established as a not -to -exceed amount without prior approval. Reimbursable expenses shall include printing and reproduction, deliveries, and mileage. Page B-5 of 6 2.2 Services Excluded from Proposed Services City of Round Rock and LAN agree that the following services are beyond the Scope of Services described in the tasks above. However, LAN can provide these services, if needed, upon the City's written request as agreed to by both parties in a Supplemental Services Contract. These additional services include the following: Detailed Engineering Design and/or Construction Documents Preliminary and/or draft construction documents Public meetings Survey 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 Chad Cormack Project Manager Matt Manges Senior Project Engineer Derek St. John Project Principal Elias Potts Graduate Engineer Cassandra Pham Graduate Engineer Page B-6 of 6 Oak Bluff Drainage Analysis �__ _ Exibit B2 - �cas 1. tit �i UBC WCID I DAM 19 Area of Interest Storm Drain D ETJ o w O a _ n • y 0.. y O R. R. N K 0 ��+ b CD 0 �• w d CD � CD O O En o CD ? °• n O CL n n o CA J N O CA J N J Cll O O W 0 cn S o J r� O N A Un O W fA O O JI O• r\+ rn O N r rn O v v v ami n�i 7 X Z cn ;h. W N v 'i oX>oc) O =;• m 0 v m m -0 v v 0 o CD D a � C-)� r 0c) O' cn O — U) cn N to n O sV O m a � v coo 3 v m N 3 N m CD m x CD 0 cn CD cn r m U N c N o —� O p O O cn O CO C C y r 0 p � ffl W f� f» m +�- ffl CO o CO W r p 0 0° cn o o a 0 o0C)o - 0 0000° 0 0 y rt v ffl C.) 69 w ffl .9 ffl ffl CD 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 n 0 CD 0 CD O O rt y CA C O' C19 ffl ffl 69 Ga G9 0 0 O O O O O O 7 O O O O O O y 0 0 o 0 0 0 d 3 N co {A 69 0 A N P O W -! 00 w w D O O CO �I N r O O Cil cn O O (n 0 0 0 0 0 0 0 0 0 0 0 0 n o o CD --r Z m CD m O M. co L' m n n. T_ m O E' O II. D d M M 0 S � = v n 0 0 c n W 0 n 77 EXHIBIT E Certificates of Insurance Attached Behind This Page ACORN® CERTIFICATE OF LIABILITY INSURANCE �� 1/1/2016 DATE (MMIDD/YYYY) 12 18/2014 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 NAME CT PHONE(A/O.Fx0: NC, Nod: E-MAIL ADDRESS: Y I 1015651942 I 7 I/I/_015 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Cow j)any 20443 INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1079765 ATTN: MR. DON SCHUETZ INSURER B: Vallee Fore Insuralicc ompat y 20508 INSURER C: St Paul Fire and Marine Insurance Co 24767 INSURER D: National Fire Insurance Co of Hartford 20478 2925 BRIARPARK DRIVE HOUSTON TX 77042 INSURER E: 1015651956 INSURER F: 1/1/2016 CEOMBIINNEeDtSINGLELIMIT $ 1.000.000 COVERAGES LEOAD01 CERTIFICATE NUMBER: 13559(109 REVISION NUMBER: XXXXXXX 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7R TYPE OF INSURANCE ADSL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY T CLAIMS MADE u OCCUR Y Y I 1015651942 I 7 I/I/_015 1/1/2(116 I EACH OCCURRENCE $ 11000.000 G7T6RINTEt-- PREMISES Ea occurrenco $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY L X ; JEC 71 LOC OTHER: GENERAL AGGREGATE $ 2.000.000 PRODUCTS - COMP/OP AGG $ 2.000 000 $ A AUTOMOBILE X X _ X LIABILITY ANY AUTO AUTOS AUTOS AOSCHEDULED HIRED AUTOS X NON -OWNED AUTOS Y y 1015651956 1/1/2015 1/1/2016 CEOMBIINNEeDtSINGLELIMIT $ 1.000.000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $XXXXXXX _(Per acyidenl $XXXXXXX C X UMBRELLA LIAB xOCCUR EXCESS LIAR EI CLAIMS -MADE N N ZUP-14NI9818-15 1/11/2015 1/1/2016 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25.000 000 DED I X I RETENTION$ 10,040 $ XXXXxXX B B WORKERS COMPENSATIONY AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatary in NH) Uyes, describe under DESCRIPTION OF OPERATIONS below N/A 1015651973 (AOS) 1063334422(CA) 1/1/2015 1/1/2015 1/1/2016 1/1/2016 X II PER OTH- j_STATUTE ER E.LEACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,00 000 E.L. DISEASE - POLICY LIMIT 1 $ 1 00() 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: THE CITY OF ROUND ROCK, TEXAS IS NAMED ADDITIONAL INSURED ON A PRIMARY BASIS ON THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT. NVAIVER OF SUBROGATION APPLIES TO GENERAL AND AUTO LIABILITY AND WORKERS COMPENSATION WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. OTHER INSURANCE SHALL NOT APPLY TO ANY COVERAGE IIELD BY THE CITY. 13559009 CITY OF ROUND ROCK ATTN: CITY MANAGER 221 EAST MAIN STREET ROUND ROCK TX 78664 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 01988-2014 ACORD CORPORATION. All riohts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Miscellaneous Attachment: M504158 Certificate ID: 13559009 Named Insured: Lockwood, Andrews & Newnam, Inc COMMERCIAL AUTO CA 20 48 02 99 POLICY NO. 1015651956 THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s): Where required by contract, any other insurance maintained by such an "insured" will be excess of and noncontributory with this coverage form's liability coverage. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Miscellaneous Attachment: M504826 Ccrtificate ID: 13559009 Named Insured: Lockwood, Andrews & Newnam, Inc POLICY NO. WC1015651973 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of operations described in the Schedule where you are required by written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium The premium charge for this endorsement shall be 5 percent of premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium Miscellaneous Attachment: M504827 Certificate ID: 13559009 POLICY NUMBER: 1015651942 NAMED INSURED: LOCKWOOD, ANDREWS & NEWNAM, INC. COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 Miscellaneous Attachment: M504831 Certificate ID: 13559009 Named Insured: Lockwood, Andrews & Newnam, Inc CNA 9-23186-A (Ed. 05/89) POLICY NO. 1015651956 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. 9-23186-A (Ed. 05/89) Miscellaneous Attachment: M504828 Certificate TD: 13559009 Page 1 of 1 Named Insured: Lockwood, Andrews & Newnam, Inc G -140331-C (Ed. 10/10) POLICY NUMBER: 1015651942 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf In the performance of your ongoing operations specified in the "written contract"; or c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. Miscellaneous Attachment: M504829 Certificate ID: 13559009 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract'; b. Described in B.1. above; or C. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or ACOR" CERTIFICATE OF LIABILITY INSURANCE 166� 7/l/2016 DATE (MM/DDIYYYY) 0/19/2015 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 certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NACT NAME: PHONE FAX 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 MAIL°i11E'O) ADDRESS_ _ NOT APPLICABLE INSURER(S) AFFORDING COVERAGE NAIC q INSURER A:Ljoyd:s of London 38253 MED EXP (Any one person) $ XXXXXXX INSURED LOCKWOOD, ANDREWS & NEWNAM, INC. 1055303 ATTN: MR. DON SCHURTZ INSURER B: INSURER C: INSURER D: 2925 BRIARPARK DRIVE HOUSTON, TX 77042 INSURER E INSURER F: COVERAGES LEOADOI CERTIFICATE NUMBER: 13559013 REVISION NUMBER: XXXXXXX 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL S BA POLICY NUMBER POLICY M/�D YYY�MM/LDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE D OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX PREMISESA (EEa occurrence) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX J PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX _ POLICY ❑X JECT a LOC PRODUCTS - COMP/OP AGG $ XXXXXXX 1 $ OTHER: I I I I 1 AUTOMOBILE __ LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ Ea acddem XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ANY AUTO _ ALL AUTOS OWNED SCHEDULED AUTOSBODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $XXXXXXX Per accidenll _ NON -OWNED HIRED AUTOS AUTOS $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE. EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAR CLAIMS -MADE DED RETENTION$ I $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE a NOT APPLTCABLE PER OTH- STATUTE ER EL EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L.DISEASE - EA EMPLOYEE $ XXXXXXX If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ }{X}{}{XXX A PROFESSIONAL N N LDUSA 1504566 7/1/2015 7/1/2016 $2,000,000 EACH CLAIM AND IN LIABILITY THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) CERTIFICATE HOLDER CANCELLATION See Attachment 13559013 CITY OF ROUND ROCK ATTN: CITY MANAGER 221 EAST MAIN STREET ROUND ROCK TX 78664 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 Cc) IQM2014 ACORD CORPORATION- All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ADDITIONAL NAMED INSURED: LOCKWOOD, ANDREWS & NEWMAN, INC. ATTACHING TO AND FORMING PART OF POLICY NO. B0146LDUSA1404566 ISSUE TO: Leo A. Daly Company and as more fully described in the Policy ISSUED BY: Underwriters at Lloyd's, London EFFECTIVE: 12:01 am Standard Time on 1 July, 2014 Endorsement Number: 19 LIMITED AUTHORITY TO ISSUE CERTIFICATES OF INSURANCE ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed as follows: (1) Underwriters authorize Lockton Companies LLC the ("Certificate Issuer") to issue Certificates of Insurance at the request or direction of the Insured. It is expressly understood and agreed that, subject to Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder, create any obligation on the part of the Underwriters, or purport to, or be construed to, alter, extend, modify, amend, or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the one hand, and the terms and conditions of this Policy as set forth herein on the other, the terms and conditions of this Policy as set forth herein shall control. (2) Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this endorsement may provide that in the event the Underwriters cancel or non -renew this Policy or in the event of a Material Change to this Policy, Underwriters shall mail written notice of such cancellation, non- renewal, or Material Change to such Certificate Holder within a specified period of time; provided, however, that the Insurers shall have not be required to provide such notice more than 60 days prior to the effective date of cancellation, non -renewal, or a Material Change. The Insured shall provide written notice to the Underwriters of all Certificate Holders and the number of days' written notice of cancellation, non -renewal, or Material Change, if any, specified in each Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior to expiration of this Policy, and (iii) within 10 days of receipt of a written request from Insurers. Insurers' obligation to mail notice of cancellation, non -renewal, or a Material Change as provided in this paragraph shall apply solely to those Certificate Holders with respect to whom the Insured has provided the foregoing written notice to the Insurers. (3) It is further understood and agreed that Underwriters' authorization of the Certificate Issuer under this endorsement is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or appoint the Certificate Issuer to act as an agent for the Underwriters or bind the Underwriters for any other purpose. The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any Certificate of Insurance pursuant to this endorsement. (4) As used in this endorsement: (i) Certificate of Insurance means a document issued for informational purposes only as evidence of the existence and terms of this Policy in order to satisfy a contractual obligation of the Insured. (ii) Material Change means an endorsement to or amendment of this Policy after issuance of this Policy by the Underwriters that restricts the coverage afforded to the Insured, All other terms and conditions of the Policy remain unchanged. Miscellaneous Attachment: M507672 Ccrtificatc ID: 13559013 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Contract for Engineering Services with Lockwood, Andrews & Newnam, Inc. for the Oak Bluff Drainage Analysis Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 7/17/2015 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Attachments: ESC_OakBluff_LAN_CM7.17.15.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2015-833 Consider executing a Contract for Engineering Services with Lockwood, Andrews & Newnam, Inc. for the Oak Bluff Drainage Analysis Project. Street drainage issues (a.k.a. "front -door flooding") are generally grouped into High Hazard and Low Hazard. High Hazard flooding includes the following: • floodwaters enter homes or businesses • floodwaters make a major roadway, emergency route, or school route impassable Low Hazard flooding includes the following: • inundates yards • enters garages • ponds in local roadways The City is hiring Kasberg, Patrick & Associates, LP (KPA) to help assess the less complex High Hazard street drainage issues. The work will involve minimal drainage analysis to identify the problem scale, the most likely cause, a practical solution, and a high-level estimate. The High Hazard projects will then be prioritized considering the frequency and depth of flooding, number of structures effected, significance of the roadway impacted, and the cost and complexity (e.g. permits, land acquisition) of the City of Round Rock Page 1 Printed on 711712015 Agenda Item Summary Continued (CM -2015-833) likely solution. City Staff would like to hire Lockwood, Andrews & Newnam, Inc. (LAN) to perform a similar but more complex analysis for the Oak Bluff neighborhood. The Oak Bluff area is clearly a High Hazard area as multiple homes flooded several times in the last decade. LAN will utilize 2D (two-dimensional) modeling software to replicate and analyze recent historic storms and typical design storms. The engineer will then identify the most likely cause, a practical solution, and a high-level estimate. Staff recommends approval. City of Round Rock Page 2 Printed on 7/17/2015 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Utilities & Environmental Services Project Mgr/Resource: Alysha Girard F"Icouncil Action: F ORDINANCE Agenda Wording xx City Manager Approval Project Name: Oak Bluff Drainage Analysis ContractorNendor: Lockwood, Andrews & Nevmam, Inc. RESOLUTION 0:\wdox\SCCInts\019911531\MISC\00337947.XLS Updated 6/3/08