CM-08-10-251rs"..'-ftotrfo Rock mos
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIR I: ESPY CONSULTANTS iC.
ADDRESS; 3809 S. 2.,, Stree ;Sine B-300 Atm
PROJE roT: 1;6 Br9t '. B;T ' huts ' 1 L0 1R
THE STATE OF TEXAS
COUNTY OF WIL .3IAMSON
THIS CONTRACT FOR ENGINEERING SERVICES (Contract") is made acid entered into on
this theI .,. day of 114,71:7,, ?f 2008 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 spices.
RECITALS:
WHEREAS, V.T.C.. ., 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 engin; and
WHEREAS, City and Engineer desire to contract for such professional engineering =vices; 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
Enitineartng Sees Contract
0191,1.7083; 146565
DR39S MMP
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: sv. 10/08
00064494
CONTRACT DOCUMENT
The Contact Doetunents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supple neattal 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
E G1NEER G:SERVICES
Engineer shall perforin 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 anti 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 des or Engineering
Service 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 Scrim described herein in
accordance with the above described Work Schedule. If Engineer does not perm the Engineering
Services in accordance with the Work Schedule, then City shall have the right tc terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, t, 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 he eligible for reimbursement
Engineer shall notify City in writing as soon as possible if he sh 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 toe all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as sched€rled.
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 ally and timely
accomplish all Engineering Services required under this Contract in a professional manner,
(3) Notice to Proceed.After execution of this Contract, Engineer shall not proceed with
Engineering Serol until authorizer/ in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as Rill compensation for
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 T. <ht dr ,.p•, e l 1 4 .t ti as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Sugplernenal Contract in the event of a change in Engineering ring S ices 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 R. 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 OFPAYMENT
Payments to Engineershall 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 ferry
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Spices identified in Exhibit 13. Progress payments shall be made by City based upon Engineering
Seroioes actually provided and per need. Upon timely mceipt 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
resines 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 time date of the trent 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
momrr PAYMENT POLICY
accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (10) days of the day on which the perfonnanee of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for saviees, whichever is
Igen 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 federai 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
stgaeontractor and its supplier concerning supplies, materials, or equipment delivered or
the Enginecing Services performed which causes the payment to he late; or
D. The invoice is not mailed to City in strict accordant* 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.k, Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit 13 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 whieh a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City, 's Designated Representative for purposes of this Contract is as follows:
Paul Morales
Stormwater Engineer
2008 Enterptise Drive
Round Rotk, Texas 78664
Telephone Number (512) 218-7046
Fax Number (512) 2 8-5563
Email Address pinorales@tound-rock.tx,us
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City% Designated Representaiive shall be authorized to ad on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to docurnet0 submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Eneneees Designated Representative for purposes of this Contract is as follows:
Travis Michel
Project Manager
Espy Consultants, Inc.
3809 S. 2r4 Street, Suite B-300
Austin, TX 78704
Telephone Number (512) 326-5659
Fax Number (512) 326-5723
Email Address tivichel®espeyconsultants.com
ARTICLE 9
EVALUATIN
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and pxesent such information as may be pertinent and
nwessary, 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% 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 detemiine 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 °idle 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 () 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, Ertgineer shall have the option
of terminating this Contract.
if City suspends the Engineering Services, the contract period as detennined in Article 3, and
the ork 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 her City for Engineer to begin Engineoxing Serves, andior during pods when Engineering
Services is suspended, and/or subsequent to the contractcompletion date,
ARTICLE 11
ADDITIONAL _ENGINEERING SERVICES
if Engineer firms a reasonable opinion that any work he/she/it has been directed to perforin is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in ung. Inthe event City finds that such work does constitute extra work and exceeds the
maxim= amount payable, City shall so advise Engineer and a written Supplemental. Contract will be
executed between the parties as provided in Article 13a Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both party, 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.
A.R"CLE 12
CHANGES EiNIEEG Il gi
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the onginrl Engineering Services or character of
Engineering Services under this Contract, then Engineer shall: make such recisions 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 nemsary to
correct errors appearing therein, when required to do so by City. No additional compensation shall he
due r such Engineering Services.
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ARTICLE 13
The tis of this Contract may be modified by written Supplemental Con lad if City
determines that there has been a significant change in (1) the scope, complexity or character of € e
Engineering Spices, or (2) the duration of the Engineering Services. Any such Svplernental Contract
must be duly authorized by the.;ity Engineer r shall not proceed until the Supplemental Contract has
been execute& Additional compensation, if appropriate, ill be identified as provided in Article 4.
It is underswod and agreed by and between both parties that Engineer eer 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 vrefieation of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OE DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or colleted under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon inquest Alt documents prepared by Engineer and all docu encs 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 finished City under this
Contract.
ARTICLE t5
PERSONNEL* EOTJ PMNT AND MATERIAL
Engineer shall fish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perforin 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 then. Any employee of Engineer who in the opinion of
City, is incompetent or whose conduct becomes detrimental :tal 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 SOW= other
than City, Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer #hall 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 westing, 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 lt, shall have the fight at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises cm which it is beteg performed., If any review or evaluation is made on the premises of
Ener or a subcontractor, then Engineer shall provide and require its subeontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
perfomiance of their duti.
ARTICLE 18
SUBMISSION QF REPOITS
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 rte.
ARTICLE 19
'VIOLATION OF CONTRACT `RMS REACH OF CONTRACT
Violation of contract terrrms or breach of contract by Engineer er dill 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
TERIVIINATIQN
'Tis 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
perforin the Engineering Services set forth heroin in a satisfactory manner.
(3) By either party, upon the failure of the other paw tai fulfill its obligations as set forth
herein,
(4) By City, for reasons of its own and not subject to the mutual consent ofngu neer, upon
not less than thirty 00) 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 fps due and payable
at the time of tcmination shall thereafter he paid to Engi€reer. 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 tertrirtation will be based on a percentage of the Engineering
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Services completed a that time Should City terminate this Contract under Subsection (4) inimedintely
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 incurmlby Engineer
in performing the Engineering Services to the data 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
Engineeing Services performed at the time of defUult,
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extingnish 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/hex/its contractual obligations, then City maytake
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 Mewed 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
cOMPLJANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local taws,
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, inchuling
without limitation, minimutniirmdmum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of histherids 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 151309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATIQPi.
Engineer shall save and hold hamiless City and its officers and employees from all claims and
liabilities due to activities of his/heriiftelf and his/lier/its agents or einployees, performod under this
Contract, which are caused by or which result from the negligent error, ornission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or controls
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Engineer shall also save and hOId City hniess from any and all expenses, including but Ilat
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
Eng./neer shall be responsible for the accuracy of hierfits 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 eonstruc€ion phase of the project has been
completed.
�ee
ARTICLE 24
E G1NEWS SEAL
The responsible engineer shall sign, seal and date all appropriate errlpneering 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 . IN, CIAL .I 'I'EREST P 3 "I":
(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 seem this
Contract, and that helshit has not paid or agreed to pay any company or engineer any fee,
emission, 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 recovers the full amount of such fee,
commission, percentage, brokerage fee, gift or c ontingent fee,
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
histherhts 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
mcoromended or required for the construction of the project,
ARTICLE 26
I SURANC 4
(1) Insurance. Engineer, at Engineer's sole cost, shall mei-rase and maintain during the entire
terra. while this Contract is in effect professional liability instrance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise ace/Ratable to City. Engineer shall also notify City, within twentrfow (24) hours of receipt, of
any notices of expiration, cancellation., rion-renewgd, or material change in coverage it rectivos from its
insurer.
(2) Sitheonsuttant hisurance. Without limiting any of the other obligations or liabilities of
Engineer, Engheer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract at the stibconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (I) 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 subcansultant 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 subconsuItants. City shall be entitled, upon request and without expense, to
receive copies of these certifiutes of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the tbilowing
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 =wage, 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 he borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to he filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled '`Certificates of histranee,"
ARTICLE 27
COPYRWITTS
City shall have the royalty -free, nonexclusive and invvocable 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 other without obtaining the
prior mitten 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 ghall 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 patties hereto
in. writing,
ARTICLE 31
ENG1NEERS R.DS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a general}, recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review al records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
Alt 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 Env Main Street
Round Rock, TX 78664
Engineer:
Travis Michel
Project Manager
Espey Consulttmts, Inc.
3$09 S. el Street, Suite 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 Engin= to complete the Engineering Services for cach phase of this Centred within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/heeds delays or for failures to use his/her/its reasonable efforts in acandance 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 perfonn 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 obligati -mu hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment m- delay in
performance must be timely given, and all reasonable efforts undertaken to mifigate 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 Performattoe. The standard of care for all professional engineering,
moulting and related services performed or furnished by Engineer and its employees under this
Contract will he 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 briplied, under this Contact or otherwise,
in connection with the Engineering Services.
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()()pinion of Probable Cot Any opinions of probable project coat or probable construction
cost provided by Engineer are made on the bath of information available to Engine and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional er. ginger.However, since Engineer has no control over the cost of labor, materials;
equipment or services furnished by others, or over the x;antractor() methods of determining pric , or
over ctimpetitive bidding or market conditions, , Engineer does not guarantee that proposals, bids or
actual pmjectar construction cost will not vary from opinions of probable cost Engineer prepares,
(6) Opbilena sad Determinations_ Where the tenns of this Contract provide for action to be
based upon opinion, judgment, approval, review, or deterrninatiou of either party hereto, such terms are
not intended to be and shad never be construed as permitting such spinier, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable,
ARTICEE 34
SIGNATORY WARRANTY
The undersigneil signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organi2ation for which helshe has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the f€rna. The above -stated representations
and warranties are nude for the purpose of inducing City to enter into this Contract,
IN WITNESS WHEREOF, the City of Round Rock has caused this Contact to be signed in its
mate name by its duly auth rim City Manager or Mayor, as bas Engineers signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their sugars, assigns and
representatives for the faithful and hall performance of the terms and provisions hereof
APPROVED AS Tp. FORM:
CITY OF ROUND ROCK, TEXAS
By:
ATI E f
By:
Sara L White, City Secretary
ESPEY CONSULTANTS, C
Suture of" Principal ..
Printed Mame: /
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Stephen L Sheets, City Attorney
(1) Exhibit A City Services
(2) Exhibit B Engineering ices
(3) Exhibit C Work Scherhile
(4) Exhibit D Fee Scheme
(5) Exhibit E Certificates of Insurance
L
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EXHIBIT A
CITY S , tViCES
The NI -owing is a list of services that will be performed by the City of Round Rock for the Dry Branch
Tributary 1 LOMR Submittal Professional Services contract:
. Provide as t n e requested by the Engin= that the City deems appropriate.
EXHIBIT I
ENGINEERING SERVICES
Uoder the October 2003 EC study titled South Creek Channel intpromnents Preliatinaly Engineering
Report, a hydrologic analysis was prepared which developed peak discharges along this channtd for the
existing co tions 50%, 10%, and 1% storm events, and for the ultimate conditions 1% stoma event.
This scope of work is to modify the 2003 hydrologic analysis to include additional storm events and to
generate the appropriate reports requlyd by FEMA for the submittal ofd LOM : request with the revised
2003 hydrologic analysis,
Scope €4 'Work
1.l olo `c A.ra 1, _ s - EC will revise the 2003 hydrologic analysis to include the 2% and 0,2%
peak discharges, This analysis will use the same model paramctt"rs (l.c thug of concentration,
impervious cover, and corm numbers) and HEEC_t format as the previous 2003 analysis
mentioned above and as used an the design of the Turtle Ovek Subdivision and South Creek
Channel Improvements projects,
2 are: and. Submit:: MR — EC will prepare the require: LOMR submittal documents with the
hydrologic analysis section including: location map, drainage area map, curve number
worksheet, time of concentration worksheet, and impervious cover worksheet, The LOMR.
subrnitta documents will also lnciu e model output and applicable FEMA M3 forms. EC will
provide three (3) copies of the LOMR request to the City of Round Rock for review and
sigrtatures of the applicable FEMA forms. EC will the submit one signed LOMR request to
FEMA for their IVVieW, The FEMA review fee tor a LOMB. based on Bridge, Culvert or Channel
Improvements is to be paid by Turtle Cry Development. However, the City may share in the
cost of the FEMA review fee based on best available hydrologic data,
3. Address Ell Co. is w,. EC will track the status of the LOMR and ccardinate with the City
of Round Rock, FEMA and the Turtle Creek Developrornt daring the review process. EC will
work with the designated FEMA reviewer to address comments and provide supplernental
information as requested, and: obtain€ approval of the LOMR. EC assumes a anaxirnum of two (2)
laerations of comments,
General Undershmding of Work
The scope of this project is based on our general understanding of the requ mments of the Federal
Emergency Management Agency. The scope of this project does .not include:
1, Design of drainage improvements, surveying, environmental assessments, or gcotechnical
services;
2. Fees associated with the review and approval of the map revision (e.g., City of Round .Rock, FEMA,
etc,); or
3. Comment tosponse to FEMA beyond the two iterations destribed in the scope of services.
EXHIBIT C
WORK SCHEDULE
Professional engineering services will begin upon tonne auhatization or written notice to proceed fawn
the City. A formal LOMB submittal will be delivered to the City for review atvi suture within l
weeks upon Notice to Proceed, The duration of this contract is dependent upon the FEMA review
process.
EXHIBIT D
FEE SCHEDULE
ons matt abet MU* 'USW
tagintaits
ssgi -Staff
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i Ptydro/et ,43sa yais
Pteroeml Skibmit LONIR
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8veni raw Ia'ar We'
*Wel by , x.2r eta (atm
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4 8 8
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7300 S 32,00 3 23.50 S 1630 $
S 2W-1—$7-4 3 330 $
22 $
22 3
474
474
215
t3 3 Labor Ove ad Rale(Fringe Benefit) $€%a Lr $ 3S2
General nni. Achninistoativefeed Ra 138% x Later $ €,7€
Mgt ON, of total labor ark ov rt ad tot)
€. be r S 3,745
maim S 5£
rsuetior4> S
TOTAL $ 34345
EXHIBIT E
CERTINCATES OF INSURANCE
(Behind this page)
CS TIFICAlre OP LI S1UVY INSURANCE D. , *MbOr 39, 2
elela t'i-
Corisultatas
3800S. fl-.RVIM
rt00,4 0,0116:
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tam; 13e$ at to wlastllat: ilittgletesttlabistitilastri
FA-7-tudisork Special trourancs Compa
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0012522
THISHIS TO OCRTIPY TI4AT the Monad owned alma is #taste by tae Companies wild above *Alt redatect to the baminems olteraetlrns
tssreInalter dax . for the typesaat incorance end#aa eccoodente meth provistans aai tate enunderd Aoki** used by Om campmates.
es.
and bother bet beralnoltar elescrIbot ExceptIons to II* perms tis bete.
TYPE OF POLICY EFFECTIVE
1.18 INsumscte NUMBER DATE
EXPIRKlION
DATE
LOOMS
PROFESSIONAL LlkSSITY
F" C7O025 4-16.08
4-16-09
Oeourrence
AggreOate
Fititeritert
1;2,000,000
S2,000,000
$50,
000
Stuasa#zt any ot'tree above decoribed policies b cancelled or ct; ea'zgetl before the expires date thentot Me Wong will road Eddy
$fie Men notice tothe s hofter nowt beiftr,
CERTVICATE ROWER: Oki mer
City ail Round Rook
/V E. Mem Sweet
R000d Prank Toms MIS4
*Except for t o -pay which is 10 aim.
14018
00650 6.200
sieumetas rkg a s VISMOSAftaes eVATE OF TOM
Typed Name. W. Fl2[r tl$
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ecrilikate of tzsli Immix
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DATE; October 13, 2008
SUBJECT; City Manager - October 17, 2008
ITEM: Consider executing Engineering Services Contract with Espey
Consultants for Dry Branch Tributary 1 LOMR.
Cie r me Engineering & Development Services
Staff Pus= Danny Halden, P.E., City Engineer
Justification;
The City is requesting professional services that are necessary to include the 2003
hydrologic data generated during the South Creek Channel Improvements analysis
in the request to FEMA for a Letter of Map Revision (LOMR) that is being prepared
for the Turtle Creek Development,
fu_nsijaga
Cost: $3,845
Source of funds: Regional Detention Fund
urce a Espey Consultants, Inc.
Bach° n nftrrna i na
Under the October 2003 Espey Consultants, Inc, study titled South Creek Channel
Improvements Preliminary Engineering Report, a hydrologic analysis was prepared
which developed peak discharges along this channel for the existing conditions
50%, 10%, and 1% storm events, and for the ultimate conditions 1% storm event,
The scope of work under this contract is to modify the 2003 hydrologic analysis to
include additional storm events required by FEMA, and to include ali of the new
hydrological data in the submittal for a LOMR for Dry Branch Tributary 1 that is
being requested in conjunction with the Turtle Creek Development,
pu i ent• N/A
B u Sho a Fa}xssai
Upda3 d In.12007