R-03-04-10-12C4 - 4/10/2003RESOLUTION NO. R -03-04-10-12C4
WHEREAS, the City of Round Rock desires to retain engineering
services for the Phase I design of the Avery Farms Wastewater
Interceptor Project, and
WHEREAS, Camp Dresser and McKee, Inc. has submitted an Agreement for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Camp Dresser and 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 an Agreement for Engineering Services with Camp
Dresser and McKee, Inc. for the Phase I design of the Avery Farms
Wastewater Interceptor Project, a copy of said agreement 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 10th day of April, 2003.
ST:.
NYL r�. LL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr-`ary
0:\wdox\RESOLUTI\R30410C4.WPD/SC
ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
Contract No.
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS AGREEMENT FOR ENGINEERING SERVICES ("Agreement") is made and entered
into on this the day of the month of , 200 , 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 Camp Dresser and
McKee Inc., whose principal place of business is located at One Cambridge Place 50 Hampshire
Street Cambridge, MA, (hereinafter called "Engineer"), and such Agreement 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:
Design of 11,600 L.F. of 21 -inch wastewater line extending northward from and existing 24 -inch
wastewater line north of Chandler Creek to provide wastewater service for the areas of a tributary of
Chandler Creek, the Round Rock Higher Education Center, and future development within Williamson
County MUD #11.
EXHIBIT
'Alf
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform Phase 1 — Preliminary Engineering Phase Services as identified in
Exhibit B entitled "Services to be Performed by Engineer."
Phase 2 — Final Design Phase Engineering Services as identified in Exhibit B entitled "Services
to be Performed by Engineer" may be revised after the completion of Phase 1 through a written
Supplemental Agreement. Compensation and Scope of Services for Phase 2 — Final Design Phase
Engineering Services will be authorized by the City through a written Supplemental Agreement.
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close of
business on the 31st day of the month of March, 2005, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her/its request for time
extension by City prior to expiration of this Agreement.
(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 services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
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shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work
delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, for Phase 1 — Preliminary Engineering Services, is the sum of Eighty-nine thousand four
hundred forty dollars and no cents ($89,440.00) as shown in Exhibit D entitled "Fee Schedule." The
lump sum amount payable may be revised only by written Supplemental Agreement in the event of a
change in scope, additional complexity from that originally anticipated, or change in character of work
as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is 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 work
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 work tasks
identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and
sufficient in its determination, that tasks were completed.
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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.
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 City receives the supplies, materials,
equipment, or 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 the supplies, materials,
equipment, or 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 to payments made by City 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 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 Agreement 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
City shall issue a written authorization to proceed with work identified in the Scope of
Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer
relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
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ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Don Rundell, P.E.
Chief Utility Engineer
2008 Enterprise
Round Rock, Texas 78664
(512) 218-5554
(512) 218-5563
[Name]
[Title]
[Address]
[City, State, Zip]
[Telephone Number]
[Facsimile Number]
City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. 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 Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Camp Dresser & McKee Inc.
Allen D. Woelke, P.E.
12357-A Riata Trace Pkwy., Suite 210
Austin, TX 78727
512-346-1100
512-345-1483
[Name]
[Title]
[Address]
[City, State, Zip]
[Telephone Number]
[Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, 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 work. 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
Engineer's services and work.
Should City determine that the progress in production of work 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 work, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; and such disclosure shall be
Engineer's Contract -revised 10-2002/specs master 5
accompanied by statement of actions taken or contemplated, and City assistance needed to
resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the work schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Agreement 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 Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems it necessary to request changes to previously satisfactorily completed work or
parts thereof which involve changes to the original scope of services or character of work under this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work authorized hereunder as are necessary to correct errors
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appearing therein, when required to do so by City. No additional compensation shall be due for such
work.
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement if City
determines that there has been a significant change in (1) the scope, complexity or character of the
service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Term."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at
his/her/its own expense, may retain copies of such documents or any other data which he/she/it has
furnished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at his/her/its own expense, quarters for the performance of
all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified
personnel in his/her/its employment for performance of the services required under this Agreement, or
will obtain such personnel from sources other than City. Engineer may not change the Project Manager
without prior written consent of City.
Engineer's Contract -revised 10-2002/specs master 7
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work 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 Agreement, 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 Agreement may be terminated before the stated termination date by any of the following
conditions.
(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 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.
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(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 services and obligations described herein.
Should City terminate this Agreement 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
work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work
at termination will be based on a percentage of the work completed at that time. Should City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
Engineer in performing the work to the date of default, the amount of work required which was
satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City
of employing another firm to complete the work required and the time required to do so, and other
factors which affect the value to City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional 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 scope of services under this
Agreement.
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 Agreement,
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
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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.
Engineer's Contract -revised 10-2002/specs master 9
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
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its work and shall promptly make
necessary revisions or corrections 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 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
Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement 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.
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ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Agreement is in effect professional liability insurance coverage in the minimum amount
of One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of this Agreement, 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 Agreement, 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:
1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or any change in limit or scope of coverage, a notice thereof shall be given to the
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
2. Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Engineer.
3. The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members and
employees thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
4. 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.
Engineer's Contract -revised 10-2002/specs master
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5. Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(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 the City. Such Certificates of Insurance are evidenced as Exhibit "F"
herein entitled "Certificates
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.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement 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 Agreement 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
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relevant which are related to this Agreement.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Agreement 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
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Camp Dresser & McKee Inc.
Attn.: Allen D. Woelke, P.E.
12357-A Riata Trace Pkwy., 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 services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her/its delays or for failures to use his/her/its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may 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 Agreement 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.
Engineer's Contract -revised 10-2002/specs master
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(3) Enforcement and Venue. This Agreement 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 Agreement shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
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 Agreement and that he/she has full and
complete authority to enter into this Agreement on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
, approved by the City Council on the day of the month of
, 200, and Engineer, , signing by
and through his/her/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:
By:
Mayor
ATTEST:
By:
City Secretary
Signature of Principal
Printed Name: Allen D. Woelke, P.E.
ATTEST:
By:
Corp. e Secr- ary
14
LIST OF EXHIBITS ATTACHED
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
Engineer's Contract -revised 10-2002/specs master
15
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
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
design 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 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, tests 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. Provide as required by the Contract Documents, engineering surveys and staking to
enable Contractor to proceed with the layout of the work, and other special field
surveys;
e. 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;
f. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by Engineer;
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;
g.
16
h. Provide labor and safety equipment to open and protect manholes and/or to operate
valves and hydrants as required by the Engineer; and
i. 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.
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EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
PHASE 1 PRELIMINARY ENGINEERING SERVICES
1. Perform preliminary engineering services in connection with Project in sufficient detail to indicate
clearly the problems involved and the alternate solutions available to the OWNER, to include
preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the
Engineer's recommendations.
2. Perform an environmental assessment and a water of the U.S./Wetland survey and delineation for
the proposed route.
3. Perform an archaeological survey and geomorphological investigation (due to deep Houston
Clays).
4. Perform topographic survey of preliminary alignment.
5. Prepare, conduct and document studies, analyses and reports of the Project in sufficient detail to
clearly indicate the problems involved and reasonable solutions available. Such studies, analyses
and reports to include: preliminary layouts, maps, exhibits, sketches, construction materials and
methods evaluations, schedules, utility coordination plans, design criteria, environmental reviews,
and other investigations pertinent to the evaluation of the Project alternatives. Specifically the
following Project investigations/services:
• Investigate the routing for engineering, cost and environmental feasibility,
•
Provide preliminary plans drawings/maps of alignment indicating
recommended construction methods (cut -and -cover or boring),
Identify, on a preliminary bases, any easements and construction
workspace requirements.
Prepare a preliminary Project Schedule and cost estimate of the probable
Project construction costs.
Furnish five (5) copies of the draft of the Letter Report including all
layouts, sketches, maps, costs estimates, and recommended Project improvements
for review and comment. Furnish five (5) copies of the final Letter Report for
addressing comments.
6. Prepare plan and profile sheets, indicating the preliminary alignment and grade, at a scale in
sufficient enough detail to establish the bases of the design for the waste water interceptor.
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PHASE 2 FINAL DESIGN ENGINEERING SERVICES
Upon completion of Phase 1 services and upon written authorization by OWNER to proceed,
ENGINEER shall provide the following Final Design Services.
1. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and
character of the work to be performed and furnished by Contractor and Specifications (which will
be prepared, where appropriate, in conformance with the sixteen division format of the
Construction Specifications Institute).
2. Provide technical criteria, written descriptions and design data for use in filing applications for
permits with or obtaining approvals of such governmental authorities as have jurisdiction to review
or approve the final design of the Project, and assist OWNER in consultations with appropriate
authorities.
3. Perform soil borings, complete a geotechnical analysis of the project area with the soil borings, and
prepare a report of all findings determined from the borings and analysis.
4. Prepare parcel plat and descriptions for permanent and temporary easements along the project's
route
5. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any
adjustments to Total Project Costs known to ENGINEER as a result of change in scope, extent or
character or design requirements of the Project.
6. After consulting with the City Attorney concerning OWNER's desired format, prepare for review
and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general
conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, and assist in the preparation of other related documents. ENGINEER shall
modify documents in accordance with the recommendations of OWNER.
7. Furnish three copies of the above documents, Drawings and Specifications to and review them with
OWNER.
8. ENGINEER's services under the Design Phase will be considered complete at the date when the
submittals have been accepted by OWNER plus such additional time as may be considered
reasonable for obtaining approval of governmental authorities having jurisdiction to approve the
portions of the Project designed or specified by ENGINEER, if such approval is to be obtained
during the Design Phase.
9. The scope of work consists of the drawings listed in Attachment B-1 to show the extent of the work
to be completed.
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BIDDING PHASE
After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase
documentation (including the most recent opinion of probable Construction Cost), and upon written
authorization from OWNER to proceed, ENGINEER shall:
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, attend pre-bid conference, if any, and receive and process
deposits for Bidding Documents. ENGINEER shall distribute plans and specifications from their
office and keep a plan holders list.
2. Issue addenda as appropriate to clarify, correct or change the Bidding Documents.
3. Consult with OWNER as to acceptability of subcontractors, suppliers and other persons and
entities proposed by Contractor for those portions of the work as to which such acceptability is
required by the Bidding Documents.
4. Attend and preside over a pre bid meeting to present project to prospective bidders and respond to
questions raised by prospective bidders.
5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or
proposals and in assembling and awarding contracts for construction, materials, equipment and
services.
6. The Bidding Phase will terminate and the services to be performed or furnished thereunder will be
considered complete upon commencement of the Construction Phase or upon cessation of
negotiations with prospective Contractors.
CONSTRUCTION PHASE
During the Construction Phase:
1. General Administration of Construction Contract
ENGINEER shall consult with and advise OWNER and act as OWNER's representative as
provided in the Standard General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall
not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's
instructions to Contractor will be issued through ENGINEER who shall have authority to act on
behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said
Standard General Conditions except as otherwise provided in writing.
2. Visits to Site and Observation of Construction
In connection with observations of the work of Contractor while in progress:
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a. ENGINEER shall make visits to the site at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of Contractor's
work. Such visits and observations by ENGINEER are not intended to be exhaustive or to
extend to every aspect of the work in progress, or to involve detailed inspections of the work
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective sampling and
similar methods of observation of the work based on ENGINEER's exercise of professional
judgment as assisted by the OWNER's Project Representative. Based on information
obtained during such visits and such observations, ENGINEER shall endeavor to determine if
such work is proceeding in accordance with the Contract Documents and ENGINEER shall
keep OWNER informed of the progress of the work.
b. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry
out the duties and responsibilities assigned to and undertaken by ENGINEER during the
Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for OWNER a greater degree of
confidence that the completed work of Contractor will conform to the Contract Documents
and that the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents has been implemented and preserved by Contractor. On
the other hand, ENGINEER shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct or have control over Contractor's work nor
shall ENGINEER have authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to comply with
laws, rules, regulations, ordinances, codes or orders (other than orders emanating from
OWNER or ENGINEER with respect to the work, such as change orders) applicable to
Contractor's furnishing and performing the work.
3. Defective Work
During such visits on the basis of such observations, ENGINEER shall have authority and duty to
disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such
work will not produce a completed Project that conforms to the Contract Documents or that it will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents.
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4. Clarifications and Interpretations; Field Orders.
ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of the work. Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER
may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
5. Change Orders and Work Change Directives
ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as
appropriate, and shall prepare Change Orders and Work Change Directives as required. If
requested by OWNER, ENGINEER will be in attendance at the City Council meeting to describe
the necessity for the Change Order.
6. Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in respect of) Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such reviews and approvals or other action will not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and programs incident
thereto.
7. Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute or "or -equal" materials and
equipment proposed by Contractor.
8. Inspections and Tests
ENGINEER may require special inspections or tests of the work, and shall receive and review all
certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances,
codes, orders or the Contract Documents. ENGINEER's review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or procedures of such
inspections, test or approvals comply with the requirements of the Contract Documents.
ENGINEER shall be entitled to rely on the results of such tests.
9. Disagreements between OWNER and Contractor
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating to
the acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER
shall be fair and impartial to OWNER and Contractor to ensure the work complies with the
W:\City of Round Rock\Avery Farm Wastewater Interceptor\Contracts\Engineer's Contract -revised 10-2002.doc
requirements of the Contract Documents, and shall not be liable for the rendering of any decision
made in good faith in such capacity.
10. Applications for Payment
Based on ENGINEER's on-site observations as an experienced and qualified design professional
and on review of Applications for Payment and the accompanying data and schedules:
a. ENGINEER shall determine the amounts that ENGINEER recommends Contractor be paid.
Such recommendations of payment will be in writing and will constitute ENGINEER's
representation to OWNER, based on such observations and review, that, to the best of
ENGINEER's knowledge, information and belief, the work has progressed to the point
indicated, the quality of such work is in accordance with the Contract Documents (subject to
an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to
the results of any subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to Contractor's
being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's
responsibility to observe the work. In the case of unit price work, ENGINEER's
recommendations of payment will include final determinations of quantities and
classifications of such work (subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of ENGINEER contained in Paragraph a. are expressly
subject to the limitations set forth in Paragraph b. and other express or general limitations in
the Agreement and elsewhere.
b. By recommending any payment ENGINEER shall not thereby be deemed to have represented
that on-site observations made by ENGINEER to check the quality or quantity of Contractor's
work as it is performed and furnished have been exhaustive, extended to every aspect of the
work in progress, or involved detailed inspections of the work beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither
ENGINEER's review of Contractor's work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment (including final payment) will impose on
ENGINEER responsibility to supervise, direct or control such work or for the means,
methods, techniques, sequences or procedures of construction or safety precautions or
programs incident thereto, or Contractor's compliance with laws, rules, regulations,
ordinances, codes or orders applicable to Contractor's furnishing and performing the work. It
will also not impose responsibility on ENGINEER to make any examination to ascertain how
or for what purposes Contractor has used the moneys paid on account of the Contract Price, or
to determine that title to any of the work, materials or equipment has passed to OWNER free
and clear of any liens, claims, security interests or encumbrances, or that there may not be
other matters at issue between OWNER and Contractor that might affect the amount that
should be paid.
11. Contractor's Completion Documents
ENGINEER shall receive, review and transmit to OWNER with written comments maintenance
and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance
required by the Contract Documents, certificates of inspection, tests and approvals, and marked -up
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record documents (including Shop Drawings, Samples and other data approved as provided under
Paragraph 6 and marked -up record Drawings) which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment. ENGINEER's review of such
documents will only be to determine that their content complies with the requirements of, and in
the case of certificates of inspections, tests and approvals that the results certified indicate
compliance with, the Contract Documents.
12. Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its intended
use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an inspection to
determine if the work is substantially complete. If after considering any objections of OWNER,
ENGINEER considers the work substantially complete, ENGINEER shall deliver a Certificate of
Substantial Completion to OWNER and Contractor. The Certificate of Substantial Completion
shall only allow OWNER to begin operation of the item constructed hereunder, but shall not
constitute final acceptance of the work or Certificate of Final Completion.
13. Final Notice of Acceptability of the Work
ENGINEER shall conduct a final inspection to determine if the completed work of Contractor is
acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall indicate that the work is
acceptable (subject to the provisions of Paragraph 10.b.) to the best of ENGINEER's knowledge,
information and belief and based on the extent of the services performed and furnished by
ENGINEER under this Agreement.
14. ENGINEER'S Completion Documents
ENGINEER shall utilize the marked -up contract drawings from the Contractor, with the assistance
of the OWNER's representative, to provide Record Drawings of the completed Project.
ENGINEER shall furnish one set of reproducible drawings and one set of prints of these revised
drawings to the OWNER.
As an accommodation to the OWNER, ENGINEER agrees to provide OWNER an electronic copy
of the AutoCAD readable disk used by CDM to develop the Record Drawings for the project. The
Record Drawings shall be provided in AutoCAD format using no version higher than 14. OWNER
is aware of the potential errors that may arise through the electronic copying of the disk. OWNER
recognizes that the information contained on the floppy disk may not include all information which
is included in the Record Drawings. The hard copy of the Record Drawings containing the
engineer's professional engineering stamp shall take precedence over the floppy disk.
The floppy disks are provided to OWNER "as is" and any use of the disk or the information
contained on the disk is at the sole risk of the OWNER and without any liability or legal exposure
to ENGINEER.
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15. Limitations of Responsibilities
ENGINEER agrees to inspect work and perform the duties specified in this contract in a reasonable
manner, but does not guarantee the discovery of Contractor's failure to comply with the Contract
Documents if a reasonable engineer in ENGINEER's position would not have discovered such
failure.
16. Duration of Construction Phase
The Construction Phase will commence with the execution of the construction contract for the
Project or any part thereof and will terminate upon written recommendation by ENGINEER of
final payment.
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EXHIBIT C
WORK SCHEDULE
PHASE 1 PRELIMINARY ENGINEERING SERVICES
Notice to Proceed
Surveying
Geotechnical Investigation
Environmental Assessment
Archeology Survey
Preliminary Engineering Report
Preliminary Engineering
March 17, 2003
March 18, 2003 to April 25, 2003
April 1, 2003 to May 16, 2003
April 1, 2003 to May 1, 2003
April 1, 2003 to May 1, 2003
April 21, 2003 to May 12, 2003
March 18, 2003 to June 30, 2003
PHASE 2 FINAL DESIGN ENGINEERING SERVICES
To commence after Phase 1, Preliminary Engineering Services
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Phase 1 Preliminary Engineering Services
EXHIBIT D
FEE SCHEDULE
Basic Special
Services Services
Preliminary Engineering Report $25,000
Preliminary Engineering 20,000
Environmental Assessment $ 6,000
Geotechnical Investigation 4,000
Archeology Survey 9,800
Surveying 34.640
Subtotal $45,000 $54,440
PHASE 1 TOTAL $89,440
PHASE 2 FINAL DESIGN PHASE SERVICES (To Be Determined After Phase 1 Completion)
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EXHIBIT E
WORK AUTHORIZATIONS (NOT APPLICABLE)
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EXHIBIT F
CERTIFICATE OF INSURANCE
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CERTIFICATE OF LIABILITY INSURANCE
Date: 2/18/03
PROFESSIONAL SERVICES
PRODUCER COMPANIES AFFORDING COVERAGE
AON RISK SERVICES, INC. OF MASSACHUSETTS
99 HIGH STREET A
BOSTON, MA 02110
INSURED
CAMP DRESSER & MCIEE INC .
ONE'CAMBRIDGE PLACE
50 HAMPSHIRE STREET
CAMBRIDGE, MA 02139
B LLOYD'S OF LONDON
C
D
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 INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR • NUMBER DATE DATE
B PROFESSIONAL LIABILrrY QK0301367 1/1/03 1/1/04 $1,000,000
DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail
thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
atm: Christine Martinez, City Secretary
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Typed Name: THS A LEACH
Title:
Rev'd 2/10/13 - Professional Liability Conificate.doc
I
Of f. 0,4
•
4 1 ' a
DATE: April 4, 2003
SUBJECT: City Council Meeting — April 10, 2003
ITEM: 12.C.4. Consider a resolution authorizing the Mayor to execute an Agreement for
Engineering Services with Camp Dresser and McKee, Inc. for the Phase I
design of the Avery Farms Wastewater Interceptor.
Resource: Tom Clark, Director of Utilities
History:
These Phase I engineering services include preliminary design, alignment,
environmental assessments, archeological investigation, geological assessments,
right -of -entry documentation, identifying required easements, design and
property surveying, estimated construction cost and Phase H final design costs.
This wastewater interceptor will serve the proposed Round Rock Higher
Education Center (HEC), and future development within Williamson County
MUD #11. The Phase II scope of engineering services will be to complete the
design of approximately 11,600 linear feet of 21 -inch to 15 -inch diameter Avery
Farms Wastewater Interceptor, including bidding and construction services.
These Phase II services will be done under a Supplemental Agreement to this
contract, which will require Council authorization. Phase One engineering
services to provide preliminary design of a wastewater line to serve the proposed
Round Rock Higher Education Center (HEC), and future development within
Williamson County MUD #11. The total fee for these services is $89,440.00.
Funding:
Cost: $89,440.00
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: Camp, Dresser & McKee, Inc.
Impact/Benefit: To provide wastewater service to the Round Rock Higher Education
Center, and future development within Williamson County MUD #11.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Contract No.
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
THIS AGREEMENT FOR ENGINEERING SERVICES ("Agreement") is made and entered
into on this the 10 day of the month of Ok.11-i , 2003 , 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 Camp Dresser and
McKee Inc., whose principal place of business is located at One Cambridge Place 50 Hampshire
Street Cambridge, MA, (hereinafter called "Engineer"), and such Agreement 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:
Design of 11,600 L.F. of 21 -inch wastewater line extending northward from and existing 24 -inch
wastewater line north of Chandler Creek to provide wastewater service for the areas of a tributary of
Chandler Creek, the Round Rock Higher Education Center, and future development within Williamson
County MUD #11.
2_o3- oU-io-iacq
1
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform Phase 1 — Preliminary Engineering Phase Services as identified in
Exhibit B entitled "Services to be Performed by Engineer."
Phase 2 — Final Design Phase Engineering Services as identified in Exhibit B entitled "Services
to be Performed by Engineer" may be revised after the completion of Phase 1 through a written
Supplemental Agreement. Compensation and Scope of Services for Phase 2 — Final Design Phase
Engineering Services will be authorized by the City through a written Supplemental Agreement.
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close of
business on the 31st day of the month of March, 2005, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her/its request for time
extension by City prior to expiration of this Agreement.
(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 services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
2
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work
delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, for Phase 1 — Preliminary Engineering Services, is the sum of Eighty-nine thousand four
hundred forty dollars and no cents ($89,440.00) as shown in Exhibit D entitled "Fee Schedule." The
lump sum amount payable may be revised only by written Supplemental Agreement in the event of a
change in scope, additional complexity from that originally anticipated, or change in character of work
as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is 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 work
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 work tasks
identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and
sufficient in its determination, that tasks were completed.
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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.
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 City receives the supplies, materials,
equipment, or 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 the supplies, materials,
equipment, or 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 to payments made by City 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 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 Agreement 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
City shall issue a written authorization to proceed with work identified in the Scope of
Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer
relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
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ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Don Rundell, P.E.
Chief Utility Engineer
2008 Enterprise
Round Rock, Texas 78664
(512) 218-5554
(512) 218-5563
[Name]
[Title]
[Address]
[City, State, Zip]
[Telephone Number]
[Facsimile Number]
City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. 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 Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Camp Dresser & McKee Inc.
Allen D. Woelke, P.E.
12357-A Riata Trace Pkwy., Suite 210
Austin, TX 78727
512-346-1100
512-345-1483
[Name]
[Title]
[Address]
[City, State, Zip]
[Telephone Number]
[Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, 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 work. 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
Engineer's services and work.
Should City determine that the progress in production of work 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 work, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; and such disclosure shall be
Engineer's Contract -revised 10-2002/specs master 5
accompanied by statement of actions taken or contemplated, and City assistance needed to
resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the work schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Agreement 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 Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems it necessary to request changes to previously satisfactorily completed work or
parts thereof which involve changes to the original scope of services or character of work under this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work authorized hereunder as are necessary to correct errors
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appearing therein, when required to do so by City. No additional compensation shall be due for such
work.
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement if City
determines that there has been a significant change in (1) the scope, complexity or character of the
service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Term."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at
his/her/its own expense, may retain copies of such documents or any other data which he/she/it has
furnished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at his/her/its own expense, quarters for the performance of
all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified
personnel in his/her/its employment for performance of the services required under this Agreement, or
will obtain such personnel from sources other than City. Engineer may not change the Project Manager
without prior written consent of City.
Engineer's Contract -revised 10-2002/specs master 7
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work 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 Agreement, 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 Agreement may be terminated before the stated termination date by any of the following
conditions.
(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 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.
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(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 services and obligations described herein.
Should City terminate this Agreement 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
work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work
at termination will be based on a percentage of the work completed at that time. Should City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
Engineer in performing the work to the date of default, the amount of work required which was
satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City
of employing another firm to complete the work required and the time required to do so, and other
factors which affect the value to City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional 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 scope of services under this
Agreement.
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 Agreement,
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
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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.
Engineer's Contract -revised 10-2002/specs master 9
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
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its work and shall promptly make
necessary revisions or corrections 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 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
Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement 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.
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ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Agreement is in effect professional liability insurance coverage in the minimum amount
of One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of this Agreement, 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 Agreement, 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:
1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or any change in limit or scope of coverage, a notice thereof shall be given to the
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non -renewal, or material change in coverage it receives from its insurer.
2. Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Engineer.
3. The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members and
employees thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
4. 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.
Engineer's Contract -revised 10-2002/specs master
11
5. Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(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 the City. Such Certificates of Insurance are evidenced as Exhibit "F"
herein entitled "Certificates
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.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement 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 Agreement 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
12
relevant which are related to this Agreement.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Agreement 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
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Camp Dresser & McKee Inc.
Attn.: Allen D. Woelke, P.E.
12357-A Riata Trace Pkwy., 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 services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her/its delays or for failures to use his/her/its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may 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 Agreement 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.
Engineer's Contract -revised 10-2002/specs master
13
(3) Enforcement and Venue. This Agreement 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 Agreement shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
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 Agreement and that he/she has full and
complete authority to enter into this Agreement on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
itscorporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
R-03-021-10- /acy , approved by the City Council on the 10 day of the month of
R -pie L , 2003 , and Engineer, eAtip ce a AND /rk,ec, Y,e. , signing by
and through his/her/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:
ATTEST:
By:
City Secretary
Signature of Principal
Printed Name: Allen D. Woelke, P.E.
LIST OF EXHIBITS ATTACHED
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
Engineer's Contract -revised 10-2002/specs master
15
EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
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
design 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 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, tests 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. Provide as required by the Contract Documents, engineering surveys and staking to
enable Contractor to proceed with the layout of the work, and other special field
surveys;
e. 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;
f. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by Engineer;
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;
g.
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h. Provide labor and safety equipment to open and protect manholes and/or to operate
valves and hydrants as required by the Engineer; and
i. 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.
W:\City of Round Rock\Avery Farm Wastewater Interceptor \Contracts\Engineer's Contract -revised 10-2002.doc
EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
PHASE 1 PRELIMINARY ENGINEERING SERVICES
1. Perform preliminary engineering services in connection with Project in sufficient detail to indicate
clearly the problems involved and the alternate solutions available to the OWNER, to include
preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the
Engineer's recommendations.
2. Perform an environmental assessment and a water of the U.S./Wetland survey and delineation for
the proposed route.
3. Perform an archaeological survey and geomorphological investigation (due to deep Houston
Clays).
4. Perform topographic survey of preliminary alignment.
5. Prepare, conduct and document studies, analyses and reports of the Project in sufficient detail to
clearly indicate the problems involved and reasonable solutions available. Such studies, analyses
and reports to include: preliminary layouts, maps, exhibits, sketches, construction materials and
methods evaluations, schedules, utility coordination plans, design criteria, environmental reviews,
and other investigations pertinent to the evaluation of the Project alternatives. Specifically the
following Project investigations/services:
• Investigate the routing for engineering, cost and environmental feasibility,
•
•
Provide preliminary plans drawings/maps of alignment indicating
recommended construction methods (cut -and -cover or boring),
Identify, on a preliminary bases, any easements and construction
workspace requirements.
Prepare a preliminary Project Schedule and cost estimate of the probable
Project construction costs.
Furnish five (5) copies of the draft of the Letter Report including all
layouts, sketches, maps, costs estimates, and recommended Project improvements
for review and comment. Furnish five (5) copies of the final Letter Report for
addressing comments.
6. Prepare plan and profile sheets, indicating the preliminary alignment and grade, at a scale in
sufficient enough detail to establish the bases of the design for the waste water interceptor.
W:\City of Round Rock\Avery Farm Wastewater Interceptor\Contracts\Engineer's Contract -revised 10-2002.doc
PHASE 2 FINAL DESIGN ENGINEERING SERVICES
Upon completion of Phase 1 services and upon written authorization by OWNER to proceed,
ENGINEER shall provide the following Final Design Services.
1. Prepare for incorporation in the Contract Documents final Drawings showing the scope, extent and
character of the work to be performed and furnished by Contractor and Specifications (which will
be prepared, where appropriate, in conformance with the sixteen division format of the
Construction Specifications Institute).
2. Provide technical criteria, written descriptions and design data for use in filing applications for
permits with or obtaining approvals of such governmental authorities as have jurisdiction to review
or approve the final design of the Project, and assist OWNER in consultations with appropriate
authorities.
3. Perform soil borings, complete a geotechnical analysis of the project area with the soil borings, and
prepare a report of all findings determined from the borings and analysis.
4. Prepare parcel plat and descriptions for permanent and temporary easements along the project's
route
5. Advise OWNER of any adjustments to the opinion of probable Construction Cost and any
adjustments to Total Project Costs known to ENGINEER as a result of change in scope, extent or
character or design requirements of the Project.
6. After consulting with the City Attorney concerning OWNER's desired format, prepare for review
and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general
conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and
instructions to bidders, and assist in the preparation of other related documents. ENGINEER shall
modify documents in accordance with the recommendations of OWNER.
7. Furnish three copies of the above documents, Drawings and Specifications to and review them with
OWNER.
8. ENGINEER's services under the Design Phase will be considered complete at the date when the
submittals have been accepted by OWNER plus such additional time as may be considered
reasonable for obtaining approval of governmental authorities having jurisdiction to approve the
portions of the Project designed or specified by ENGINEER, if such approval is to be obtained
during the Design Phase.
9. The scope of work consists of the drawings listed in Attachment B-1 to show the extent of the work
to be completed.
W:\City of Round Rock\Avery Farm Wastewater Interceptor \Contracts\Engineer's Contract -revised 10-2002.doc
BIDDING PHASE
After acceptance by OWNER of the ENGINEER's Drawings, Specifications and other Design Phase
documentation (including the most recent opinion of probable Construction Cost), and upon written
authorization from OWNER to proceed, ENGINEER shall:
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, attend pre-bid conference, if any, and receive and process
deposits for Bidding Documents. ENGINEER shall distribute plans and specifications from their
office and keep a plan holders list.
2. Issue addenda as appropriate to clarify, correct or change the Bidding Documents.
3. Consult with OWNER as to acceptability of subcontractors, suppliers and other persons and
entities proposed by Contractor for those portions of the work as to which such acceptability is
required by the Bidding Documents.
4. Attend and preside over a pre bid meeting to present project to prospective bidders and respond to
questions raised by prospective bidders.
5. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bids or
proposals and in assembling and awarding contracts for construction, materials, equipment and
services.
6. The Bidding Phase will terminate and the services to be performed or furnished thereunder will be
considered complete upon commencement of the Construction Phase or upon cessation of
negotiations with prospective Contractors.
CONSTRUCTION PHASE
During the Construction Phase:
1. General Administration of Construction Contract
ENGINEER shall consult with and advise OWNER and act as OWNER's representative as
provided in the Standard General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall
not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's
instructions to Contractor will be issued through ENGINEER who shall have authority to act on
behalf of OWNER in dealings with Contractor to the extent provided in this Agreement and said
Standard General Conditions except as otherwise provided in writing.
2. Visits to Site and Observation of Construction
In connection with observations of the work of Contractor while in progress:
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a. ENGINEER shall make visits to the site at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of Contractor's
work. Such visits and observations by ENGINEER are not intended to be exhaustive or to
extend to every aspect of the work in progress, or to involve detailed inspections of the work
beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective sampling and
similar methods of observation of the work based on ENGINEER's exercise of professional
judgment as assisted by the OWNER's Project Representative. Based on information
obtained during such visits and such observations, ENGINEER shall endeavor to determine if
such work is proceeding in accordance with the Contract Documents and ENGINEER shall
keep OWNER informed of the progress of the work.
b. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry
out the duties and responsibilities assigned to and undertaken by ENGINEER during the
Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for OWNER a greater degree of
confidence that the completed work of Contractor will conform to the Contract Documents
and that the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents has been implemented and preserved by Contractor. On
the other hand, ENGINEER shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct or have control over Contractor's work nor
shall ENGINEER have authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to comply with
laws, rules, regulations, ordinances, codes or orders (other than orders emanating from
OWNER or ENGINEER with respect to the work, such as change orders) applicable to
Contractor's furnishing and performing the work.
3. Defective Work
During such visits on the basis of such observations, ENGINEER shall have authority and duty to
disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that such
work will not produce a completed Project that conforms to the Contract Documents or that it will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents.
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4. Clarifications and Interpretations; Field Orders.
ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of the work. Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER
may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
5. Change Orders and Work Change Directives
ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as
appropriate, and shall prepare Change Orders and Work Change Directives as required. If
requested by OWNER, ENGINEER will be in attendance at the City Council meeting to describe
the necessity for the Change Order.
6. Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in respect of) Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such reviews and approvals or other action will not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and programs incident
thereto.
7. Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute or "or -equal" materials and
equipment proposed by Contractor.
8. Inspections and Tests
ENGINEER may require special inspections or tests of the work, and shall receive and review all
certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances,
codes, orders or the Contract Documents. ENGINEER's review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or procedures of such
inspections, test or approvals comply with the requirements of the Contract Documents.
ENGINEER shall be entitled to rely on the results of such tests.
9. Disagreements between OWNER and Contractor
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating to
the acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work. In rendering such decisions, ENGINEER
shall be fair and impartial to OWNER and Contractor to ensure the work complies with the
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requirements of the Contract Documents, and shall not be liable for the rendering of any decision
made in good faith in such capacity.
10. Applications for Payment
Based on ENGINEER's on-site observations as an experienced and qualified design professional
and on review of Applications for Payment and the accompanying data and schedules:
a. ENGINEER shall determine the amounts that ENGINEER recommends Contractor be paid.
Such recommendations of payment will be in writing and will constitute ENGINEER's
representation to OWNER, based on such observations and review, that, to the best of
ENGINEER's knowledge, information and belief, the work has progressed to the point
indicated, the quality of such work is in accordance with the Contract Documents (subject to
an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to
the results of any subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to Contractor's
being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's
responsibility to observe the work. In the case of unit price work, ENGINEER's
recommendations of payment will include final determinations of quantities and
classifications of such work (subject to any subsequent adjustments allowed by the Contract
Documents). The responsibilities of ENGINEER contained in Paragraph a. are expressly
subject to the limitations set forth in Paragraph b. and other express or general limitations in
the Agreement and elsewhere.
b. By recommending any payment ENGINEER shall not thereby be deemed to have represented
that on-site observations made by ENGINEER to check the quality or quantity of Contractor's
work as it is performed and furnished have been exhaustive, extended to every aspect of the
work in progress, or involved detailed inspections of the work beyond the responsibilities
specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither
ENGINEER's review of Contractor's work for the purposes of recommending payments nor
ENGINEER's recommendation of any payment (including final payment) will impose on
ENGINEER responsibility to supervise, direct or control such work or for the means,
methods, techniques, sequences or procedures of construction or safety precautions or
programs incident thereto, or Contractor's compliance with laws, rules, regulations,
ordinances, codes or orders applicable to Contractor's furnishing and performing the work. It
will also not impose responsibility on ENGINEER to make any examination to ascertain how
or for what purposes Contractor has used the moneys paid on account of the Contract Price, or
to determine that title to any of the work, materials or equipment has passed to OWNER free
and clear of any liens, claims, security interests or encumbrances, or that there may not be
other matters at issue between OWNER and Contractor that might affect the amount that
should be paid.
11. Contractor's Completion Documents
ENGINEER shall receive, review and transmit to OWNER with written comments maintenance
and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance
required by the Contract Documents, certificates of inspection, tests and approvals, and marked -up
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record documents (including Shop Drawings, Samples and other data approved as provided under
Paragraph 6 and marked -up record Drawings) which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment. ENGINEER's review of such
documents will only be to determine that their content complies with the requirements of, and in
the case of certificates of inspections, tests and approvals that the results certified indicate
compliance with, the Contract Documents.
12. Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its intended
use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an inspection to
determine if the work is substantially complete. If after considering any objections of OWNER,
ENGINEER considers the work substantially complete, ENGINEER shall deliver a Certificate of
Substantial Completion to OWNER and Contractor. The Certificate of Substantial Completion
shall only allow OWNER to begin operation of the item constructed hereunder, but shall not
constitute final acceptance of the work or Certificate of Final Completion.
13. Final Notice of Acceptability of the Work
ENGINEER shall conduct a final inspection to determine if the completed work of Contractor is
acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall indicate that the work is
acceptable (subject to the provisions of Paragraph 10.b.) to the best of ENGINEER's knowledge,
information and belief and based on the extent of the services performed and furnished by
ENGINEER under this Agreement.
14. ENGINEER'S Completion Documents
ENGINEER shall utilize the marked -up contract drawings from the Contractor, with the assistance
of the OWNER's representative, to provide Record Drawings of the completed Project.
ENGINEER shall furnish one set of reproducible drawings and one set of prints of these revised
drawings to the OWNER.
As an accommodation to the OWNER, ENGINEER agrees to provide OWNER an electronic copy
of the AutoCAD readable disk used by CDM to develop the Record Drawings for the project. The
Record Drawings shall be provided in AutoCAD format using no version higher than 14. OWNER
is aware of the potential errors that may arise through the electronic copying of the disk. OWNER
recognizes that the information contained on the floppy disk may not include all information which
is included in the Record Drawings. The hard copy of the Record Drawings containing the
engineer's professional engineering stamp shall take precedence over the floppy disk.
The floppy disks are provided to OWNER "as is" and any use of the disk or the information
contained on the disk is at the sole risk of the OWNER and without any liability or legal exposure
to ENGINEER.
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15. Limitations of Responsibilities
ENGINEER agrees to inspect work and perform the duties specified in this contract in a reasonable
manner, but does not guarantee the discovery of Contractor's failure to comply with the Contract
Documents if a reasonable engineer in ENGINEER's position would not have discovered such
failure.
16. Duration of Construction Phase
The Construction Phase will commence with the execution of the construction contract for the
Project or any part thereof and will terminate upon written recommendation by ENGINEER of
final payment.
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EXHIBIT C
WORK SCHEDULE
PHASE 1 PRELIMINARY ENGINEERING SERVICES
Notice to Proceed
Surveying
Geotechnical Investigation
Environmental Assessment
Archeology Survey
Preliminary Engineering Report
Preliminary Engineering
March 17, 2003
March 18, 2003 to April 25, 2003
April 1, 2003 to May 16, 2003
April 1, 2003 to May 1, 2003
April 1, 2003 to May 1, 2003
April 21, 2003 to May 12, 2003
March 18, 2003 to June 30, 2003
PHASE 2 FINAL DESIGN ENGINEERING SERVICES
To commence after Phase 1, Preliminary Engineering Services
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EXHIBIT D
FEE SCHEDULE
Basic Special
Services Services
Phase 1 Preliminary Engineering Services
Preliminary Engineering Report $25,000
Preliminary Engineering 20,000
Environmental Assessment $ 6,000
Geotechnical Investigation 4,000
Archeology Survey 9,800
Surveying 34,640
Subtotal $45,000 $54,440
PHASE 1 TOTAL $89,440
PHASE 2 FINAL DESIGN PHASE SERVICES (To Be Determined After Phase 1 Completion)
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EXHIBIT E
WORK AUTHORIZATIONS (NOT APPLICABLE)
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•
EXHIBIT F
CERTIFICATE OF INSURANCE
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•
CERTIFICATE OF LIABILITY INSURANCE
Date: 2/18/03
PROFESSIONAL SERVICES
PRODUCER COMPANIES AFFORDING COVERAGE
AON RISK SERVICES, INC. OF MASSACHUSETTS
99 HIGH STREET A
BOSTON, MA 02110
INSURED
CAMP DRESSER & MCKEE INC.
ONE'CAMBRIDGE PLACE
50 HAMPSHIRE STREET
CAMBRIDGE, MA 02139
B LLOYD'S OF LONDON
C
D
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 INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
LIMITS
B PROFESSIONAL LIABILITY QK0301367 1/1/03 1/1/04 $1,000,000
DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS
Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail
thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
atm: Christine Martinez, City Secretary
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Am, >4k Y,s.,),
Typed Name: THOMAS A LEACH
Title:
Rev'd 2/10/03 - Professional Liability Certificate.doc