R-09-02-12-10D2 - 2/12/2009RESOLUTION NO. R -09-02-12-10D2
WHEREAS, the City of Round Rock desires to retain engineering
services for the 2009 Water Treatment Plant Rehabilitation and 1.5
MG Clearwell Project, and
WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract
with Camp Dresser & McKee, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract for Engineering Services with Camp
Dresser & McKee, Inc. for the 2009 Water Treatment Plant
Rehabilitation and 1.5 MG Clearwell Project, a copy of said contract
being attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of February, 2009.
ATTEST: �,-
• (LQ, / t
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R90212D2.DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock,
R UND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CAMP DRESSER & MCKEE, INC.
ADDRESS: 12357-A Riata Trace Parkway. Suite 210, Austin, TX 78727
PROJECT: 2009 Water Treatment Plant Rehabilitation and 1.5 MG Clearwell
("Engineer")
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2009 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
0199.7091; 151216
WAO5WTPRHB/
WAO5CLRWEL
EXHIBIT
nAn
1
Rev. 10/08
00064494
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not 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.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Five Hundred Forty Six Thousand Twenty -Five and No/100 Dollars ($546,025.00)
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Don M. Rundell, P.E.
Chief Utility Engineer
Utilities Department
212 Commerce Blvd.
Round Rock, Texas 78664
Telephone Number (512) 218-5554
Fax Number (512) 218-3242
Email Address drundell@round-rock.tx.us
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Steven V. Lynk, P.E.
Associate
12357-A Riata Trace Parkway, Suite 210
Austin, TX 78727
Telephone Number (512) 346-1100
Fax Number (512) 345-1483
Email Address lynksv@cdm.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has famished City under this
Contract.
ARTICLE 15
PERSONNEL, EOUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Steven V. Lynk, P.E.
Associate
Camp Dresser & McKee, Inc.
12357-A Riata Trace Parkway, Suite 210
Austin, TX 78727
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, 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 OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
Sara L. White, City Secretary
CAMP ES S,ER &
By:
Signature of Principal
Printed Name: /%(G
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Stephan L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit 13 Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
The City of Round Rock will furnish to the Engineer the following items/information:
1. Designate a person to act as City's representative with respect to the services to be
performed or furnished by the Engineer. This representation will have authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to Engineer's services.
2. Provide all criteria and full information as to City's requirements for the project, including
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and furnish copies of all design and construction standards which City will
require to be included in the Project Drawings and Specifications.
3. Assist Engineer by placing all available information pertinent to the Project, including
previous reports and any other data relative to the design or construction of the Project at
the Engineer's disposal.
4. Furnish to Engineer, as requested for performance of basic services or as required by the
Contract Documents, the following:
a. Data prepared by or services of others, including without limitation explorations and
tests of subsurface conditions at or contiguous to the site, drawings of physical
conditions in or relating to existing surface of subsurface structures at or contiguous
to the site;
b. The services of an independent testing laboratory to perform all inspections, test and
approvals of samples, materials and equipment;
c. Environmental assessments, audits, investigations and impact statements, and other
relevant environmental or cultural studies as to the Project, the site and adjacent
areas;
d. Arrange for access to and make all provisions for Engineer to enter upon public and
private property as required for Engineer to perform services under this Agreement;
e. Examine all alternate solutions, studies, reports, sketches, proposals and other
documents presented by Engineer;
f. Provide such accounting, bond and financial advisory, independent cost estimating
and insurance counseling services and such legal services as City may require or
Engineer may reasonably request with regard to legal issues pertaining to the Project;
1
g.
Provide labor and safety equipment to open electrical/instrumentation cabinets, open
and protect manholes and/or to operate valves and hydrants as required by the
Engineer; and
h. Give prompt notice to Engineer whenever City observes or otherwise becomes aware
of any development that affects the scope or time of performance or furnishing of
Engineer's services, or any defect or nonconformance in Engineer's services in the
work of any Contractor.
2
EXHIBIT B
Engineering Services
Task 1: Water Treatment Plant Rehabilitation. Provide professional engineering services to
include the following construction improvements:
A. High Service Pump Station (HSPS).
1. Perform alternative analysis for the following options:
a) New roof structure and bridge crane for the north half of the HSPS
b) New roof and bridge crane for the entire building
c) Remove the exterior building, provide no bridge crane and enclose MCC's in A/C
building
2. New wire partition tool storage room and door
3. Chlorine analyzer upgrades (total and free)
4. Additional parking spaces (permeable rock)
5. Exterior lighting modifications
6. Permeable rock roadway to east of HSPS for crane access
7. Old vault removal at northeast corner of HSPS
B. Electrical Room for HSP -007, -008, and -009, and Backwash Pumps
1. New condenser units
C. Electrical Room for HSP -01 0
1. New DX type AC system
D. Standby Generator
1. Cover structure for control station
E. Dewatering Building
1. Roediger belt filter press epoxy coating repair on roller ends
F. Treatment Structures
1. Phase III chain and flight sludge collector replacement
2. Phase IV wear strips and return guide tracks replacement
3. Phase III and IV chain and flight monitoring systems
4. Basin washdown station upgrades on Phase III and IV to duplicate Phase V (i.e., hose
bib, hose and rack).
5. Filter washdown station upgrades on Phase III and IV (i.e., 1-1/2" piping with 1-1/4"
valve).
6. Paint Phase III and IV process equipment (i.e., exterior)
7. Phase III and IV sedimentation basin sludge hoppers improvements
8. Phase III and IV flocculators and sedimentation basin hopper mud valves
9. Phase IV settled water channel plug valve manual operator
10. Phase III, IV and V hose replacement at washdown stations
11. Miscellaneous plumbing repairs (i.e., allowance in bid)
12. Crack repair located on exterior Phase III basin wall (i.e., unit price bid)
13. Phase V filter level transmitter replacement
1
G. Raw Water Pump Station
1. Raw water screen compressor/tank manual burst cleaning system trailer and piping
systems.
Task 2: 1.5 MG Clearwell. Provide professional engineering services related to the design of
the 1.5 MG clearwell as described below:
A. Perform feasibility analysis and present worth analysis of clearwell storage options for site,
including a review of cast -in-place rectangular with pre -stressed circular clearwells.
B. Prepare technical memorandum discussing the storage requirements of the plant and
distribution system, review land constraints and masterplan recommendations.
C. Redesign of HSPS Improvements Project (i.e., pump station and piping systems) to
incorporate results of clearwell feasibility analysis.
D. 1.5 MG clearwell and finished water piping improvements and valving systems.
Preliminary Engineering Phase. This phase involves determination of project scope and
economic and technical evaluation of feasible alternatives. Services during this phase include and
apply to Tasks 1 and Tasks 2 as noted:
1) Reviewing available data and consulting with the OWNER to clarify and define the
OWNER's requirements for the project. (Tasks 1 and 2)
2) Advising the OWNER as to the necessity of providing or obtaining from others additional
data or services. These additional services may include photogrammetry, reconnaissance
surveys, property surveys, topographic surveys, geotechnical investigations and
consultations, compilation of hydrological data, traffic studies, materials engineering,
assembly of zoning, deed, and other restrictive land use information, and environmental
assessments and impact statements. (Tasks 1 and 2)
The scope of work includes the following special services:
a. Topographic survey of the proposed clearwell and HSPS improvements.
ENGINEER shall provide topographic survey of the required area of the water
treatment plant site, clearwell site and interconnecting pipeline route. The
topographic survey will locate all physical features on the site including trees
larger than 6 -inches in diameter. The survey will be performed to allow
development of one foot contours to be used during the design of the facilities and
appurtenances. Survey will be on City of Round Rock coordinate and elevation
system (subcontracted service). (Task 2)
b. Geotechnical analysis of the proposed clearwell area. ENGINEER shall provide
soil borings at the proposed clearwell site and foundation recommendations for
appurtenances (subcontracted service). ENGINEER shall coordinate with
geotechnical engineer so that design requirements are communicated and that
issues encountered during the geotechnical field work are addressed. (Task 2)
c. Preparation of WPAP and submittal to TCEQ including applicable fees. (Task 2)
2
3) Identifying and analyzing requirements of governmental authorities having jurisdiction to
approve the design of the project, and participating in consultations with such authorities.
(Tasks 1 and 2)
4) Providing analyses of the OWNER's needs, planning surveys, and comparative evaluations
of prospective solutions. (Task 1 and 2)
5) Consulting with the OWNER, reviewing preliminary reports, clarifying and defining the
project requirements, reviewing available data, and discussing general scheduling.
Conferences may also be required with approving and regulatory governmental agencies
and affected utilities. (Task 1 and 2)
6) Advising the OWNER as to whether additional data or services are required, and assisting
the OWNER in obtaining such data and services. (Task 1 and Task 2)
7) Preparing preliminary design report in the form of a technical memorandum consisting of
HSPS and clearwell layout options and costs, final design criteria, preliminary drawings,
and written descriptions of the project. A maximum of five copies will be provided to the
OWNER. (Task 1 and Task 2)
8) Preparing revised opinions of probable total project costs. (Task 1 and 2)
Final Design Phase. This phase of project development is undertaken only after the OWNER has
approved the preliminary engineering phase material. The basic services for the final design phase
include:
1) Preparing construction drawings and specifications showing the character and extent of the
project based on the accepted preliminary engineering documents. (Task 1 and 2)
2) Preparing and furnishing to the OWNER a revised opinion of probable total project costs
based on the final drawings and specifications. (Task 1 and 2)
3) Furnishing the necessary engineering data required to apply for regulatory permits from
local, state, or federal authorities. This is distinguished from and does not include detailed
applications and supporting documents for government grant-in-aid or planning grants that
would be furnished as additional services. (Task 1 and 2)
4) Preparing basic documents related to construction contracts for review and approval by the
OWNER (and the OWNER's legal and other advisors). These may include contract
agreement forms, general conditions and supplementary conditions, invitations to bid,
instructions to bidders, insurance and bonding requirements, and preparation of other
contract -related documents. (Task 1 and 2)
5) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other
contract documents. (Task 1 and 2)
3
Bidding Phase. Services under this phase include:
1) Assist OWNER in advertising for and obtaining bids for the contract for construction,
materials, equipment and services; and, where applicable, maintain a record of prospective
bidders to whom Bidding Documents have been issued, conduct pre-bid conference, if any,
and receive and process deposits for Bidding Documents. ENGINEER shall distribute
Drawings and Specifications from their office and maintain a plan holders list. (Task 1 and
2)
2) Provide the OWNER five (5) full-size copies of the bidding Drawings and Specifications.
ENGINEER will collect non-refundable deposits for Drawings and Specifications provided
to Bidders and will use the deposits to defray the reproduction cost to the OWNER.
ENGINEER will provide copies of the Drawings and Specifications at no cost to plan rooms
and other entities that increase the interest in the Project. (Task 1 and 2)
3) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents. (Task
1 and 2)
4) Assisting the OWNER in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers. (Task 1 and 2)
5) When substitution prior to the award of contracts is allowed by the bidding documents,
consultation with and advising the OWNER as to the acceptability of alternate materials and
equipment proposed by the prospective constructors. (Task 1 and 2)
6) Preparing for and conducting the bid openings, preparing bid tabulation sheets, and
providing assistance to the OWNER in evaluating bids or proposals and in assembling and
awarding contracts for construction, materials, equipment, and services. (Task 1 and 2)
Construction Phase. Services under this phase involve consulting with and advising the OWNER
during construction and are limited to those services associated with performing as the OWNER's
representative. Such services comprise:
1) Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed
on behalf of the OWNER. (Task 1 and 2)
2) Reviewing shop and erection drawings submitted by the constructors for compliance with
design concepts. (Task 1 and 2)
3) Reviewing laboratory, shop, and mill test reports on materials and equipment. Attend initial
startup and testing of equipment, etc. (Task 1)
4) Visiting the project site once a month as construction proceeds to observe and report on the
progress and the quality of the executed work. (Task 1 and 2)
4
5) Issuing necessary interpretations and clarifications of contract documents, preparing change
orders requiring special inspections and testing of the work, and making recommendations
as to the acceptability of the work. (Task 1 and 2)
6) Preparing sketches required to resolve problems due to actual field conditions encountered.
(Task 1 and 2)
7) Determining amounts of progress payments due based on degree of completion of the work,
and recommending issuance of such payments by the OWNER. (Task 1 and 2)
8) Preparing Record Drawings from information submitted by the CONTRACTOR. Update
the 2004 Comprehensive Record Drawing of the City's Water Treatment Plant Site.
Provide a hard copy an electronic copy of the AutoCAD readable disk used by CDM to
develop the Record Drawings for the project and provide four (4) full size color copies of
the 2004 Comprehensive Record Drawing plus an electronic copy. (Task 1 and 2)
9) Making Substantial and Final Completion inspections and reporting on completion of the
project, including recommendations concerning final payments to contractor and release of
retained percentages. Provide a Certificate of Substantial Completion to Owner and
Contractor. Final Inspection will determine whether the completed work of the Contractor
is acceptable so that Engineer may recommend, in writing, final payment to Contractor.
(Task 1 and 2)
5
EXHIBIT C
Work Schedule
Notice to Proceed
January 15, 2009
Preliminary Engineering Phase
February 26, 2009
Final Design Phase
May 21, 2009
Bidding Phase
June 18, 2009
Award
July 9, 2009*
Contractor NTP
July 30, 2009*
Construction Phase
February 25, 2010*
* Contingent upon others.
EXHIBIT D
Fee Schedule
Basic Services
Special Services
Preliminary Design
Task 1 - WTP Rehabilitation
$26,480
Task 2 - 1.5 MG Clearwell
$18,340
Surveying
$8,500
Geotechnical
$9,100
WPAP Permitting
$12,210
TCEQ WPAP Fee
$4,000
Design Phase
Task 1 - WTP Rehabilitation
$190,980
Task 2 - 1.5 MG Clearwell
$132,220
Bidding Phase
Task 1 - WTP Rehabilitation
$14,940
Task 2 - 1.5 MG Clearwell
$10,340
Construction Phase
Task 1 - WTP Rehabilitation
$68,655
Task 2 -1.5 MG Clearwell
$50,260
Subtotal
Task 1- WTP Rehabilitation
$301,055
Task 2 -1.5 MG Clearwell
$211,160
$33,810
TOTAL
$546,025
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABIUTY INSURANCE
PRODUCER:Aon Mak Services, Inc. of Massachusetts
One Federal Street
Boston. MA 02110
Phone: 866-283-7122 E-mail:
INSURED: Camp Dresser & McKee
One Cambridoe Place
50 Hamoshlre Place
Cambridoe, MA 02139
Phone: (617) 452-8070 E-mail:
Date:1/16/09
TDI number required. Please refer to the
Texas Dept of Insurance website: )tto://www.tdistate.tx.us/
THIS IS TO CERTIFY THAT the Insured named above is Insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A
A
GENERAL LIABILITY GL0837663213 1/1/09 1/1/10 GENERAL AGGREGATE 52.000,000
PRODUCTS-COMP/OP AGG. 52,000,000
PERSONAL & ADV. INJURY 51,000,000
EACH OCCURRENCE 51,000,000
FIRE DAMAGE (Any one fire) 5100,000
MED. EXPENSE (Any orie person) 510.000
AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT 52,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS UABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE
AGGREGATE
C
55,000,000
55,000,000
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
WC837663314 STATUTORY OMITS $yes
1/1/09 1/1/10 EACH ACCIDENT 51,000,000
DISEASE - POLICY LIMIT 51,000,000
DISEASE - EACH EMPLOYEE 51,000,000
PROFESSIONAL UABILITY QK0901367 1/1/09 —1/1/10 Each Claim 51,000,000
Aggregate 51,000,000
D
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock Is named as additional Insured with respect to policies except 'Workers' ' ' on and Employers'
Liability' and 'Professlonal Liability'. Should any of the above describek• IIeies be cancelled or chang before the explraUon date
thereof, the Issuing company will mall thirty (30) days written notice to the • holder named
CERTIFICATE HOLDER: City Manager
City of Round Rock SIG - I rI c S A • F TEXAS
in Stree
R � RRoock, Texas/ 1 i Il 78664 .\,, Y,l .
Typed Name: Sandra Rev 0
Title: Broker
128384 Page 2
00650 — 12-2008
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
A
Zurich American Ins Co
95322
B
American Zurich Ins Co
88800
C
ACE American Insurance Company
42160
D
Lloyd's of London
10873320
THIS IS TO CERTIFY THAT the Insured named above is Insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A
A
GENERAL LIABILITY GL0837663213 1/1/09 1/1/10 GENERAL AGGREGATE 52.000,000
PRODUCTS-COMP/OP AGG. 52,000,000
PERSONAL & ADV. INJURY 51,000,000
EACH OCCURRENCE 51,000,000
FIRE DAMAGE (Any one fire) 5100,000
MED. EXPENSE (Any orie person) 510.000
AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT 52,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS UABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE
AGGREGATE
C
55,000,000
55,000,000
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
WC837663314 STATUTORY OMITS $yes
1/1/09 1/1/10 EACH ACCIDENT 51,000,000
DISEASE - POLICY LIMIT 51,000,000
DISEASE - EACH EMPLOYEE 51,000,000
PROFESSIONAL UABILITY QK0901367 1/1/09 —1/1/10 Each Claim 51,000,000
Aggregate 51,000,000
D
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock Is named as additional Insured with respect to policies except 'Workers' ' ' on and Employers'
Liability' and 'Professlonal Liability'. Should any of the above describek• IIeies be cancelled or chang before the explraUon date
thereof, the Issuing company will mall thirty (30) days written notice to the • holder named
CERTIFICATE HOLDER: City Manager
City of Round Rock SIG - I rI c S A • F TEXAS
in Stree
R � RRoock, Texas/ 1 i Il 78664 .\,, Y,l .
Typed Name: Sandra Rev 0
Title: Broker
128384 Page 2
00650 — 12-2008
Certificate of Liability Insurance
DATE: February 4, 2009
SUBJECT: City Council Meeting — February 12, 2009
ITEM: 10D2. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with Camp Dresser & McKee, Inc. for the 2009
Water Treatment Plant Rehabilitation and 1.5 MG Clearwell project.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael Thane, P.E., Director of Utilities
This contract is divided into two major tasks. Task 1 is for the work associated with the
rehabilitation of the Water Treatment Plant (WTP) and Task 2 is for the work required for the
1.5 MG Clearwell (water storage tank). The major items associated with Task 1 are to remove
and replace the chain and flight assemblies in Phase 3, replace chain and flight monitoring
system and all mud valves in basins Phase 3 and 4, also prepare and paint all interior and
exterior process equipment. In addition, this task includes demolition of existing "hut"
structure and the construction of a Motor Control Center (MCC) room for high service pumps 1
through 6, including Heating, Venting, and Air Conditioning for the new MCC Room. Task 2 is to
develop construction plans for a new 1.5 MG Clearwell and associated piping improvements.
The completion of the improvements under this contract will provide the City the ability and
reliability to treat and adequately distribute 52 million gallons per day (mgd) of water to all our
customers.
Funding:
Cost: $546,025
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: Camp, Dresser, & McKee, Inc.
Background Information:
With the new 7.5 MG High Service Pump at our WTP (currently under construction), the
rehabilitation of the plant's process structure, the construction of a MCC Room for High Service
Pumps 1 through 6, and the additional 1.5 MG Clearwell, the City's WTP will be able to provide
a firm 52 mgd of potable water to our distribution system now and into the future.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
rROUP,IDCK, TEXAS
r PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CAMP DRESSER & MCKEE, INC. ("Engineer")
ADDRESS: 12357-A Riata Trace Parkway. Suite 210, Austin, TX 78727
PROJECT: 2009 Water Treatment Plant Rehabilitation and 1.5 MG Clearwell
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the 12 day of1 i( , 2009 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, wh se 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 Rev. 10/08
0199.7091; 151216 00064494
WAO5WTPRHB/
WAO5CLRWEL
1
t -Q3 -U2'(1 (0172
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
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 Five Hundred Forty Six Thousand Twenty -Five and No/100 Dollars ($546,025.00)
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
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:
Don M. Rundell, P.E.
Chief Utility Engineer
Utilities Department
212 Commerce Blvd.
Round Rock, Texas 78664
Telephone Number (512) 218-5554
Fax Number (512) 218-3242
Email Address drundell@round-rock.tx.us
4
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:
Steven V. Lynk, P.E.
Associate
12357-A Riata Trace Parkway, Suite 210
Austin, TX 78727
Telephone Number (512) 346-1100
Fax Number (512) 345-1483
Email Address lynksv@cdm.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL, EOUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Steven V. Lynk, P.E.
Associate
Camp Dresser & McKee, Inc.
12357-A Riata Trace Parkway, Suite 210
Austin, TX 78727
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, 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 OF R
OUND ROCK, TEXAS AP' ROVED AS 'ISO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
(AJAR' ((
Sara L. White, City Secretary
CAMP,ESS R &
By:
Signature of Principial
Printed Name: /' ?i 1 A) - it'G'6l d
14
Steph
L. Sheets, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
The City of Round Rock will furnish to the Engineer the following items/information:
1. Designate a person to act as City's representative with respect to the services to be
performed or furnished by the Engineer. This representation will have authority to transmit
instructions, receive information, interpret and define City's policies and decisions with
respect to Engineer's services.
2. Provide all criteria and full information as to City's requirements for the project, including
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and furnish copies of all design and construction standards which City will
require to be included in the Project Drawings and Specifications.
3. Assist Engineer by placing all available information pertinent to the Project, including
previous reports and any other data relative to the design or construction of the Project at
the Engineer's disposal.
4. Furnish to Engineer, as requested for performance of basic services or as required by the
Contract Documents, the following:
a. Data prepared by or services of others, including without limitation explorations and
tests of subsurface conditions at or contiguous to the site, drawings of physical
conditions in or relating to existing surface of subsurface structures at or contiguous
to the site;
b. The services of an independent testing laboratory to perform all inspections, test and
approvals of samples, materials and equipment;
c. Environmental assessments, audits, investigations and impact statements, and other
relevant environmental or cultural studies as to the Project, the site and adjacent
areas;
d. Arrange for access to and make all provisions for Engineer to enter upon public and
private property as required for Engineer to perform services under this Agreement;
e. Examine all alternate solutions, studies, reports, sketches, proposals and other
documents presented by Engineer;
f. Provide such accounting, bond and financial advisory, independent cost estimating
and insurance counseling services and such legal services as City may require or
Engineer may reasonably request with regard to legal issues pertaining to the Project;
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g.
Provide labor and safety equipment to open electrical/instrumentation cabinets, open
and protect manholes and/or to operate valves and hydrants as required by the
Engineer; and
h. Give prompt notice to Engineer whenever City observes or otherwise becomes aware
of any development that affects the scope or time of performance or furnishing of
Engineer's services, or any defect or nonconformance in Engineer's services in the
work of any Contractor.
2
EXHIBIT B
Engineering Services
Task 1: Water Treatment Plant Rehabilitation. Provide professional engineering services to
include the following construction improvements:
A. High Service Pump Station (HSPS).
1. Perform alternative analysis for the following options:
a) New roof structure and bridge crane for the north half of the HSPS
b) New roof and bridge crane for the entire building
c) Remove the exterior building, provide no bridge crane and enclose MCC's in A/C
building
2. New wire partition tool storage room and door
3. Chlorine analyzer upgrades (total and free)
4. Additional parking spaces (permeable rock)
5. Exterior lighting modifications
6. Permeable rock roadway to east of HSPS for crane access
7. Old vault removal at northeast corner of HSPS
B. Electrical Room for HSP -007, -008, and -009, and Backwash Pumps
1. New condenser units
C. Electrical Room for HSP -010
1. New DX type AC system
D. Standby Generator
1. Cover structure for control station
E. Dewatering Building
1. Roediger belt filter press epoxy coating repair on roller ends
F. Treatment Structures
1. Phase III chain and flight sludge collector replacement
2. Phase IV wear strips and return guide tracks replacement
3. Phase III and IV chain and flight monitoring systems
4. Basin washdown station upgrades on Phase III and IV to duplicate Phase V (i.e., hose
bib, hose and rack).
5. Filter washdown station upgrades on Phase III and IV (i.e., 1-1/2" piping with 1-1/4"
valve).
6. Paint Phase III and IV process equipment (i.e., exterior)
7. Phase III and IV sedimentation basin sludge hoppers improvements
8. Phase III and IV flocculators and sedimentation basin hopper mud valves
9. Phase IV settled water channel plug valve manual operator
10. Phase III, IV and V hose replacement at washdown stations
11. Miscellaneous plumbing repairs (i.e., allowance in bid)
12. Crack repair located on exterior Phase III basin wall (i.e., unit price bid)
13. Phase V filter level transmitter replacement
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G. Raw Water Pump Station
1. Raw water screen compressor/tank manual burst cleaning system trailer and piping
systems.
Task 2: 1.5 MG Clearwell. Provide professional engineering services related to the design of
the 1.5 MG clearwell as described below:
A. Perform feasibility analysis and present worth analysis of clearwell storage options for site,
including a review of cast -in-place rectangular with pre -stressed circular clearwells.
B. Prepare technical memorandum discussing the storage requirements of the plant and
distribution system, review land constraints and masterplan recommendations.
C. Redesign of HSPS Improvements Project (i.e., pump station and piping systems) to
incorporate results of clearwell feasibility analysis.
D. 1.5 MG clearwell and finished water piping improvements and valving systems.
Preliminary Engineering Phase. This phase involves determination of project scope and
economic and technical evaluation of feasible alternatives. Services during this phase include and
apply to Tasks 1 and Tasks 2 as noted:
1) Reviewing available data and consulting with the OWNER to clarify and define the
OWNER's requirements for the project. (Tasks 1 and 2)
2) Advising the OWNER as to the necessity of providing or obtaining from others additional
data or services. These additional services may include photogrammetry, reconnaissance
surveys, property surveys, topographic surveys, geotechnical investigations and
consultations, compilation of hydrological data, traffic studies, materials engineering,
assembly of zoning, deed, and other restrictive land use information, and environmental
assessments and impact statements. (Tasks 1 and 2)
The scope of work includes the following special services:
a. Topographic survey of the proposed clearwell and HSPS improvements.
ENGINEER shall provide topographic survey of the required area of the water
treatment plant site, clearwell site and interconnecting pipeline route. The
topographic survey will locate all physical features on the site including trees
larger than 6 -inches in diameter. The survey will be performed to allow
development of one foot contours to be used during the design of the facilities and
appurtenances. Survey will be on City of Round Rock coordinate and elevation
system (subcontracted service). (Task 2)
b. Geotechnical analysis of the proposed clearwell area. ENGINEER shall provide
soil borings at the proposed clearwell site and foundation recommendations for
appurtenances (subcontracted service). ENGINEER shall coordinate with
geotechnical engineer so that design requirements are communicated and that
issues encountered during the geotechnical field work are addressed. (Task 2)
c. Preparation of WPAP and submittal to TCEQ including applicable fees. (Task 2)
2
3) Identifying and analyzing requirements of governmental authorities having jurisdiction to
approve the design of the project, and participating in consultations with such authorities.
(Tasks 1 and 2)
Providing analyses of the OWNER's needs, planning surveys, and comparative evaluations
of prospective solutions. (Task 1 and 2)
5) Consulting with the OWNER, reviewing preliminary reports, clarifying and defining the
project requirements, reviewing available data, and discussing general scheduling.
Conferences may also be required with approving and regulatory governmental agencies
and affected utilities. (Task 1 and 2)
6) Advising the OWNER as to whether additional data or services are required, and assisting
the OWNER in obtaining such data and services. (Task 1 and Task 2)
7) Preparing preliminary design report in the form of a technical memorandum consisting of
HSPS and clearwell layout options and costs, final design criteria, preliminary drawings,
and written descriptions of the project. A maximum of five copies will be provided to the
OWNER. (Task 1 and Task 2)
8) Preparing revised opinions of probable total project costs. (Task 1 and 2)
Final Design Phase. This phase of project development is undertaken only after the OWNER has
approved the preliminary engineering phase material. The basic services for the final design phase
include:
1) Preparing construction drawings and specifications showing the character and extent of the
project based on the accepted preliminary engineering documents. (Task 1 and 2)
2) Preparing and furnishing to the OWNER a revised opinion of probable total project costs
based on the final drawings and specifications. (Task 1 and 2)
3) Furnishing the necessary engineering data required to apply for regulatory permits from
local, state, or federal authorities. This is distinguished from and does not include detailed
applications and supporting documents for government grant-in-aid or planning grants that
would be furnished as additional services. (Task 1 and 2)
4) Preparing basic documents related to construction contracts for review and approval by the
OWNER (and the OWNER's legal and other advisors). These may include contract
agreement forms, general conditions and supplementary conditions, invitations to bid,
instructions to bidders, insurance and bonding requirements, and preparation of other
contract -related documents. (Task 1 and 2)
5) Furnishing to the OWNER a maximum of five copies of drawings, specifications, and other
contract documents. (Task 1 and 2)
3
Bidding Phase. Services under this phase include:
1) Assist OWNER in advertising for and obtaining bids for the contract for construction,
materials, equipment and services; and, where applicable, maintain a record of prospective
bidders to whom Bidding Documents have been issued, conduct pre-bid conference, if any,
and receive and process deposits for Bidding Documents. ENGINEER shall distribute
Drawings and Specifications from their office and maintain a plan holders list. (Task 1 and
2)
2) Provide the OWNER five (5) full-size copies of the bidding Drawings and Specifications.
ENGINEER will collect non-refundable deposits for Drawings and Specifications provided
to Bidders and will use the deposits to defray the reproduction cost to the OWNER.
ENGINEER will provide copies of the Drawings and Specifications at no cost to plan rooms
and other entities that increase the interest in the Project. (Task 1 and 2)
3) Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents. (Task
1 and 2)
4) Assisting the OWNER in determining the qualifications and acceptability of prospective
constructors, subcontractors, and suppliers. (Task 1 and 2)
5) When substitution prior to the award of contracts is allowed by the bidding documents,
consultation with and advising the OWNER as to the acceptability of alternate materials and
equipment proposed by the prospective constructors. (Task 1 and 2)
6) Preparing for and conducting the bid openings, preparing bid tabulation sheets, and
providing assistance to the OWNER in evaluating bids or proposals and in assembling and
awarding contracts for construction, materials, equipment, and services. (Task 1 and 2)
Construction Phase. Services under this phase involve consulting with and advising the OWNER
during construction and are limited to those services associated with performing as the OWNER's
representative. Such services comprise:
1) Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed
on behalf of the OWNER. (Task 1 and 2)
2) Reviewing shop and erection drawings submitted by the constructors for compliance with
design concepts. (Task 1 and 2)
3) Reviewing laboratory, shop, and mill test reports on materials and equipment. Attend initial
startup and testing of equipment, etc. (Task 1)
4) Visiting the project site once a month as construction proceeds to observe and report on the
progress and the quality of the executed work. (Task 1 and 2)
4
5) Issuing necessary interpretations and clarifications of contract documents, preparing change
orders requiring special inspections and testing of the work, and making recommendations
as to the acceptability of the work. (Task 1 and 2)
6) Preparing sketches required to resolve problems due to actual field conditions encountered.
(Task 1 and 2)
7) Determining amounts of progress payments due based on degree of completion of the work,
and recommending issuance of such payments by the OWNER. (Task 1 and 2)
8) Preparing Record Drawings from information submitted by the CONTRACTOR. Update
the 2004 Comprehensive Record Drawing of the City's Water Treatment Plant Site.
Provide a hard copy an electronic copy of the AutoCAD readable disk used by CDM to
develop the Record Drawings for the project and provide four (4) full size color copies of
the 2004 Comprehensive Record Drawing plus an electronic copy. (Task 1 and 2)
9) Making Substantial and Final Completion inspections and reporting on completion of the
project, including recommendations concerning final payments to contractor and release of
retained percentages. Provide a Certificate of Substantial Completion to Owner and
Contractor. Final Inspection will determine whether the completed work of the Contractor
is acceptable so that Engineer may recommend, in writing, final payment to Contractor.
(Task 1 and 2)
5
Notice to Proceed
EXHIBIT C
Work Schedule
Preliminary Engineering Phase
Final Design Phase
Bidding Phase
Award
January 15, 2009
February 26, 2009
May 21, 2009
June 18, 2009
Contractor NTP
Construction Phase
July 9, 2009*
July 30, 2009*
* Contingent upon others.
February 25, 2010*
EXHIBIT D
Fee Schedule
Basic Services
Special Services
Preliminary Design
Task 1 - WTP Rehabilitation
$26,480
Task 2 - 1.5 MG Clearwell
$18,340
Surveying
$8,500
Geotechnical
$9,100
WPAP Permitting
$12,210
TCEQ WPAP Fee
$4,000
Design Phase
Task 1 - WTP Rehabilitation
$190,980
Task 2 - 1.5 MG Clearwell
$132,220
Bidding Phase
Task 1 - WTP Rehabilitation
$14,940
Task 2 - 1.5 MG Clearwell
$10,340
Construction Phase
Task 1 - WTP Rehabilitation
$68,655
Task 2 - 1.5 MG Clearwell
$50,260
Subtotal
Task 1- WTP Rehabilitation
$301,055
Task 2 -1.5 MG Clearwell
$211,160
$33,810
TOTAL
$546,025
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER:Aon Risk Services, Inc. of Massachusetts
One Federal Street
Boston. MA 02110
phone' 868-283-7122 E-mail:
INSURED: Camp Dresser & McKee
One Cambridge Place
50 Hampshire Place
Cambridge, MA 02139
phone: (617) 452-6070 E-mail:
Date:1/16/09
TDI number required. Please refer to the
Texas Dept of Insurance website: htto:/hreaw.tdi.stitte.bc.us/
THIS IS TO CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A
GENERAL LIABILITY GL0837883213 1/1/09 1/1/10 GENERAL AGGREGATE 52,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $1.000.000
EACH OCCURRENCE $1,000.000
FIRE DAMAGE (Any one fire) $100,000
MED. EXPENSE (Any one person) $10,000
A
AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE $5,000,000
AGGREGATE $5,000,000
WORKERS' COMPENSATION WC837663314 STATUTORY LIMITS $yes
AND EMPLOYERS' LIABIUTY 1/1/09 1/1/10 EACH ACCIDENT $1 000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE 51,000,000
B
PROFESSIONAL UABILITY 0K0901367 1/1/09 —1/1/10 Each Claim
D Aggregate $1,000,000
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
$1,000.000
DESCRIPTION OF OPERATIONS/LOCATION8N EHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock Is named as additional insured with respect to
Liability' and 'Professional Liability'. Should any of the above describe
thereof, the Issuing company will mall thirty (30) days written notice to the
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rode, Texas 78864
policies except Workers' .: nation and Employers'
/ides be cancelled or cluing before the expiration date
tate holder named
SIGN' - r lir / /S A • F TEXAS
AikitiL !fit y.�
Typed Name: Sandra
Title: Broker
128384 Page 2
00650 - 12-2008
Ray
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TDI
A
Zurich American Ins Co
95322
B
American Zurich Ins Co
88800
C
ACE American Insurance Company
42160
D
Lloyd's of London
10873320
THIS IS TO CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
LIMITS
A
GENERAL LIABILITY GL0837883213 1/1/09 1/1/10 GENERAL AGGREGATE 52,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $1.000.000
EACH OCCURRENCE $1,000.000
FIRE DAMAGE (Any one fire) $100,000
MED. EXPENSE (Any one person) $10,000
A
AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE $5,000,000
AGGREGATE $5,000,000
WORKERS' COMPENSATION WC837663314 STATUTORY LIMITS $yes
AND EMPLOYERS' LIABIUTY 1/1/09 1/1/10 EACH ACCIDENT $1 000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE 51,000,000
B
PROFESSIONAL UABILITY 0K0901367 1/1/09 —1/1/10 Each Claim
D Aggregate $1,000,000
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
$1,000.000
DESCRIPTION OF OPERATIONS/LOCATION8N EHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock Is named as additional insured with respect to
Liability' and 'Professional Liability'. Should any of the above describe
thereof, the Issuing company will mall thirty (30) days written notice to the
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rode, Texas 78864
policies except Workers' .: nation and Employers'
/ides be cancelled or cluing before the expiration date
tate holder named
SIGN' - r lir / /S A • F TEXAS
AikitiL !fit y.�
Typed Name: Sandra
Title: Broker
128384 Page 2
00650 - 12-2008
Ray
Certificate of Liability Insurance
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