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R-11-06-23-10C11 - 6/23/2011RESOLUTION NO. R -11-06-23-10C11 WHEREAS, the City of Round Rock desires to retain engineering services for the Lake Creek 2 Wastewater Line Upgrade Project, and WHEREAS, Bury + Partners, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Bury + Partners, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Bury + Partners, Inc. for the Lake Creek 2 Wastewater Line Upgrade Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00224894.DOC/rmc ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. EXHIBIT CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: BURY+ PARTNERS, INC. ADDRESS: 221 W. 6th Street, Suite 600, Austin, TX 78701 PROJECT: Lake Creek 2 Wastewater Line Upgrade ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2011 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Proctuement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05/10 0199.7174;00223863 00192831 WW02LKCRK2 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These forin the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in. Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Ninety Thousand, Eight Hundred Eighty Eight and No/100 Dollars ($190,888.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each staternent, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Eddie Zapata Project Manager II Infrastructure Development & Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6605 Fax Number (512) 218-5563 Email Address ezapata@round-rock.tx.us round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Thomas Caponi, P.E. Senior Project Manager, Vice -President 221 W. 6th Street, Suite 600 Austin, TX 78701 Telephone Number (512) 328-0011 Fax Nu nber (512) 328-0325 Email Address tcaponi@burypartners.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties, If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's continents on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than .fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Routed Rock, TX 78664 Engineer: Thomas Caponi, P.E. Senior Project Manager, Vice -President 221 W. 6th Street, Suite 600 Austin, TX 78701 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any 'failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer snakes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary BURY+PARTNERS, INC. By: Signature of Principal Printed Name: at- 141 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will furnish the following information to the Engineer and/or perform the following tasks: 1. Provide existing reports or data the City has on file concerning comprehensive master planning, land use, population forecasts and/or private land development within the Lake Creek wastewater collection basin. 2. Provide existing data the City has on file concerning water demands and wastewater flows within the Lake Creek wastewater collection basin. 3. Define service area for the project based on the area map prepared by the Engineer. 4. Provide existing data the City has on file concerning the Project. 5. Provide as -built plans for the existing wastewater lines. 6. Provide as -built plans for City owned utilities within the project area. 7. Provide utility, parcel and/or topographic mapping information of the project area. 8. Assist the Engineer in locating and exposing existing wastewater manholes that are buried. 9. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, and/or other franchise utility companies. 10. Assist the Engineer by requiring appropriate utility companies to expose underground utilities within the right-of-way, when required. 11. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any development that affects the scope of the Engineer's services. 12. Provide construction inspection and construction testing services including coordination and scope of services. 13. Pay all fees associated with approvals and/or permits from entities when such approvals and/or permits are necessary as determined by the City. 14. Pay for costs associated with newspaper public notice for bid advertisement. 15. Secure easements (using documents prepared by Engineer) as required for construction of improvements described in Engineer's final design plans. 1 of 1 EXHIBIT B Engineering Services Our proposed scope of services includes the following specific services: A. Preliminary Engineering Phase The City of Round Rock (City) has identified approximately 2,250 linear feet of existing Lake Creek Phase Two wastewater line to be replaced with a wastewater line with a larger pipe diameter, as determined by the City. The line runs generally from an existing manhole (with City designation LC0966) located halfway between McNeil Road and South Mays Street to a proposed manhole located halfway between Lake Creek Circle and Park Lane. The location and grade of the proposed manhole will be determined by others and approved by the City. For the purpose of submitting this proposal, line sizes are assumed to be one size larger than the current wastewater line and no sewer shed delineation or pipe capacity calculations will be required. This phase is assumed to last no more than two (2) months and no more than three (3) meetings with the City will be required. After a preliminary review with the City Staff, an alignrnent will be recommended for design. Bury+Partners, Inc. (Bury) will provide the following services during the Preliminary Engineering Phase of this project: 1. Compile available record drawings, topographic maps, utility information, right-of- way (ROW) information, and property boundaries. Utility mapping will be based upon information and records obtained from utility owners. 2. Consult with the City of Round Rock, electric and gas utilities and other potentially affected entities to define and clarify the project requirements and available related data. 3. Coordinate and attempt to obtain right -of -entry (ROE) into private properties and secure necessary property encumbrance research (see Section J. Easement Acquisition). If the initial attempt is rejected by the property owner, the City agrees to obtain ROE. 4. Conduct and coordinate necessary field surveys and topographic mapping for design purposes. Obtain field information regarding boundary information sufficient to determine property ownership. The extents of the topographic survey are assutned to be the existing permanent easement width, plus 40 -feet to serve as temporary construction staging areas. Subsurface utility mapping will be based upon information obtained from utility owners (See Section G. Design Survey). 5. Walk the alignments to generally assess the quality of the record information and acquired topographic information, and to identify obvious conflicts and discrepancies with record information. 6. Coordinate and conduct environmental and archeological permitting with a sub -consultant to review previously created reports or analyses to determine any environmental or archeological constraints which may impact the selection of an alignment. Coordinate with the consultant to conduct field investigations, analysis, and reporting necessary to obtain permitting through the Texas Historical Commission, U.S. Fish and Wildlife Department, and the United States Army Corps of Engineers (USACE). This task includes materials screening utilizing the ASTM -standard background environmental search. Williamson County Regional Habitat Conservation Plan (HCP) coordination and permit application (See Section K. Environmental Services) 7. Conduct and coordinate necessary geotechnical investigation for design purposes (See Section 1. Geotechnical Investigations) 8. Attend up to two (2) meetings total with stakeholders including local utility companies or City Staff to examine issues, which might affect the design of the project. Specifically coordinate with TxDOT and Williamson County to secure use of their ROW as necessary for the project, and to define any design requirements these entities may impose on the project. 9. Prepare a letter report containing preliminary (30%) documents consisting of the development of the design criteria, preliminary plan drawings and sketches, and selection of the final horizontal and vertical aligmnent for the wastewater line, considerations involved with the project, alternative solutions available, and our recommendations for the wastewater project. The report will also include an Engineer's opinion of total project costs. 10. Furnish three (3) copies of the letter report to the City, meet to discuss comments, revise and submit a final letter report. B. Final Design Phase The purpose of the Final Design Phase is to complete design, production, and permitting of the proposed wastewater line project. This phase assumes the majority of the project will be constructed within existing easements or on City property, therefore no permanent easements will be required. A total of nine (9) temporary construction easements are included in this proposal. Final Design is anticipated to last up to three (3) months. Once all the Preliminary Engineering Phase is complete, Bury will perform the following tasks: 1. Preparation of a single bid package of engineering construction documents for the design of the wastewater line. 2. Prepare final plan and profile sheets with dimensional control data necessary to construct the wastewater line, including centerline of the proposed alignment, identification of existing improvements (e.g. streets, curbs, sidewalks, driveways, etc.) existing overhead and underground utilities based on available information, and proposed improvements (e.g. connections to other lines, known future improvements, etc.). 3. Provide a Traffic Control Plan for City approval. 4. Provide easement documents to facilitate construction (See Section H. Easements). 5. Coordinate the acquisition of temporary construction easements to facilitate construction (See Section J. Easement Acquisition). 6. Provide three (3) copies of each set of plans to the City of draft contract documents at 75%, 90% and final completion levels for review and approval. 2 7. Prepare take off quantity estimates for bidding purposes. 8. Coordinate with City Staff for the purposes of clearing staff comments and seek approvals for draft and final submittals. 9. Provide the City with a final opinion of probable cost for the wastewater line itnprovements based on final plans and quantity estimates. 10. Attend up to two (2) meetings with City Staff to complete design, address City comments and obtain City approvals. C. TCEQ Permitting (Edwards Aquifer Recharge Zone) The project will require a TCEQ application and permit for a wastewater line within the Edwards Aquifer Recharge Zone. The TCEQ Permitting Phase is assumed to last two (2) months and is anticipated to occur concurrently with the Final Design Phase. A total of two (2) meetings with either the City or TCEQ are included in this phase. To comply with applicable rules and regulations related to the permitting process, Bury will perform the following services: 1. Prepare TCEQ required plans and drawings in accordance with the current Texas Administrative Code Title 30, Part 1, Chapter 213, Subchapter A — Required Edwards Aquifer Protection Plans, Notification, and Exemptions, utilizing standard TCEQ forms where applicable. 2. Prepare an Organized Sewage Collection System Plan (OSCS) utilizing Bury standard pipe calculations and methods previously approved by the TCEQ. 3. Submit & meet with the City or TCEQ to review the plan, document any comments, and obtain City approval signatures. 4. Incorporate any continents and resubmit the permit for TCEQ approval D. Bidding & Award Phase The project will require a public bid for the construction of the wastewater line. The Bidding and Award Phase is assumed to last three (3) months and require up to two (2) meetings with the City. To comply with applicable rules and regulations related to the public bid process, Bury will perform the following services: 1. Assist the City in advertising for and obtaining bids for the project. 2. Where applicable, maintain a record of prospective bidders to whom the Contract Documents have been issued, attend the pre-bid conference (if any), and receive and process Contractor payments for the Bidding Documents. 3. Distribution of plans and specifications to prospective bidders. 4. Interpret the Bidding Docutnents for prospective bidders and issue Addenda as appropriate to clarify, correct, or change the bidding documents. 5. Attend the Pre-bid meeting, Bid opening, prepare Bid tabulations, and assist the City in the evaluation of the bids. 3 6. Evaluate the Contractor's qualifications and prepare a recommendation for Contract Award. E. Construction Phase Bury will provide assistance during construction to observe the progress and quality of Work completed by the Contractor. Observations are not intended to be an exhaustive check or detailed inspection of the Work. Observations will be to become familiar with the Work in progress and to determine the general conformance with the Contract Documents developed for the wastewater line project. It is assumed the City will provide full time inspection to ensure quality of work and conformance to contract documents. Construction is assumed to last nine (9) months and require up to nine (9) construction progress meetings and monthly site visits to observe construction. During the construction observation phase, Bury will provide the following services: 1. Assist the City in completing the Contract Document package and assist in distribution to the contractor(s). 2. Attend the pre -construction conference with the City and Contractor prior to construction. 3. Attend monthly construction meetings and site -visits during the course of the work to observe progress of the contractor's work. 4. Issue clarifications and interpretations to the Contract Documents as appropriate. 5. Recommend change orders as appropriate. 6. Review shop drawings and submittals. 7. Render formal written decisions on all claims of the Contractor related to the interpretation of the Contract Documents. 8. Review and make recoininendations for progress payments for work completed during construction period in accordance with the Contract requirements. 9. Observe testing performed during construction. 10. Coordinate with property owners or utility companies during the course of the work. Any coordination is anticipated to be via telephone, no meetings with these entities are included. 11. Once construction has been substantially completed, complete a final site observation visit and prepare a punch list as required. Once the punch list has been completed, prepare a Certificate of Completion. F. Record Drawings Bury will prepare record drawings for the project as follows: 1. Prepare record drawings for the project based on "red lined" drawings and information provided by the Contractor or his representative. 2. Furnish one 22" x 34" paper copy set of "Record Drawings" to the City. 3. Furnish one CD with "Record Drawings" images. 4 G. Design Survey Bury will perform the following surveys: 1. Topographic • Conduct a topographic survey of the alignment which will be used to complete the design of the proposed improvements. • The topographic survey will be based on an on -the -ground survey and will be produced at a one -foot interval. • The limits of the topographical survey will be the width of the existing easement, plus an additional 40 -feet to determine contractor work space. Cross-sections shall be cut at 100 -foot intervals perpendicular to the alignment. • Survey data will be reflected on the plan and profile drawings. • The topographic survey will establish a maximum of eight (8) project benchmarks. • The topographic survey shall include: a. Identify visible utility infrastructure. b. Marked underground utilities will be identified as to size and type. c. Identify flow lines and top of existing ditches, sanitary sewers, storm sewers and cross structures. Up to fifteen (15) sewer manholes are included in this proposal. 2. Right -Of -Way • Recover and locate the existing ROW based on platted subdivisions along the proposed route. H. Easements Bury will generate the required engineers sketch of each required temporary construction �easemnent. A total of nine (9) easement sketches are assumed. No permanent easements are included in this proposal. Gcotech nicalInvestigation The project will require a. geotechnical investigation to determine the existing soil conditions and recommendations for appropriate bearing values, foundation construction methods, and structural fills and for the proposed wastewater line. Bury will retain a geotechnical subconsultant who will be responsible for all aspects of their report and recommendations. Bury will include portions of their report as information for use by contractors. 1. Field Work • Drill five (5) geotechnical borings, including four (4) borings at each of two (2) proposed horizontal bore locations (bore and exit pits) and a fifth location to be determined. Samples will be to a depth of 15 -feet at the proposed pits and to a depth of 25 -feet at the fifth location. 5 • Contact DigTESS for the location of utilities. • Private lines must be located by the utility owner prior to drilling. • Obtain relatively undisturbed tube samples and standard penetration test samples as appropriate for the soils encountered. • Observe for groundwater seepage during drilling and record level. • Backfill boreholes with cuttings upon completion. J. Easement/ROW Acquisition Services It is anticipated that this project will require the acquisition of up to nine (9) temporary construction easements to allow for construction of the wastewater line. 1. Bury will retain an easetnent/right-of-way acquisition sub -consultant, who will be responsible for coordinating the acquisition of rights -of -entry and temporary construction and permanent easements for the City. 2. The sub -consultant will attempt to obtain rights -of -entry for each property. It is anticipated that these letters will be sent to each property owner during the Preliminary Engineering Phase. 3. The sub -consultant will obtain an Ownership, Encumbrances, and Lien Report for each property for which temporary easements will be required. This report will list existing easements for use in selecting a route and documenting on easement sketches (sketches provided by Bury Survey, see Section fI Easements). It is anticipated that this report will be generated during the Preliminary Design Phase. 4. The sub -consultant will make up to three (3) attempts to secure required easements from each parcel during the offer phase of negotiations. Fees charged by the title company will be the responsibility of the City. The sub -consultant will conduct one (1) meeting with each landowner after the final offer letter in an attempt to reach an agreement in lieu of condemnation. 5. A total of three (3) property appraisals are included in this proposal. Additional appraisals, if required, will be considered additional services and billed at $3,850+10% each. K. Environmental Services Bury will provide as described in the attached Enviromnental Services Scope of Work. 6 EXHIBIT C Work Schedule Attached Behind This Page �I wy � 111#111 i .ice R a4 k R4kW (Li Kk r ►� N tv N N N N N N N N N N N N N Iz,zl. giiiiiii !!!!!!!MO Ell 1111;221 22-4..timi-i 2: • • 0 ���vwn�vgve.p at H N N N N N N N N N 1 M EXHIBIT D Fee Schedule Attached Behind This Page Attachment 'D' 1 Round Rock - Lake Creek 2 Wastewater Line Upgrade Engineering Fees et .r 41 Nri 69 et M b e}` 69 VD v 41 •-. 69 00 N O •-• 09 'c Q\ V1 cn1 69 ... 0 CI .-• 09 00VD N o .-• 04 a\ et ri 69 lel 00 M N 69 et<ra�o%oc�NN.- V1 o 69 Subtotal 22 54 76 15 2 $ 500 169 $ 43,775 $ 23,180 B. Final Design et e} 69 O� r -r oo 69 N V) er 69 00 N N 69 et 111 69 00 N of 69 0. ,--..ND + 69 C� 4-3 69 4 O .-: 69 �O O et 69 Subtotal 17 56 87 85 26 $ 1,250 271 $ 33,487 $ 34,652 C. TCEQ Permitting (Edwards Aquifer Recharge Zone) Nrooqow ►� M cJ 69 N. :O ,O 69 O. ..e ri 69 Cl el 69 Subtotal 4 28 52 20 12 $ 500 116 $ - $ 14.554 D: Bidding & Award 0000• N O r: 69 Cl VD 69 N O - 69 -AMM N 41 c4 69 M O ri 69 N r-. .- 69 Vl 0. M oo 69 64 -(t t� 0 64 M 0 O et 3 0 .0 z 0 Sub -Consultant 00 .N-, r.: 69 O N ,e; 69 N 41 N. v7 64 41 M et 601 O 0 41 M 69 N. ol C O'. 64 F. x O N O N N w 00 et N et •--- 00 N. --+ 00 - 00 C.1 kir), M d �D '0 M '0 N CA M O...3 .- O 00 O M 0 N 52 ..(1-00 N 20 00 r1 •-+ N N. v -- O w .aw as N 6. a .0 E a O 69 0 69 QO 69 64 $ 400 0 64 et 69 $ 300 005 $ N 69 ;,� .1. d (.) rt 00 N1 4D et et et et 00 00 00 N et Senior Eng. Tech III et N N M yet 40 VD 00 C\ et 00 W et L. �y t.1 C .b4 VI Wa W N .-. N .-i 00 et 00 00 et et et N w VD 9-1 VD «-. N .-" 00 Q\ 'D '0 VD 00 N •-.. et N 00 00 et 00 et et L. At X et 00 et N 00 et N VD 00 CO 00 00 00 00 1 et VD N 00 et ZI 00 et et L. O a D 00 N et 00 et M N 00 d' et r1 00 N Preliminary Engineering Compile record drawings Consult with CORK existing utitlity owners Coordinate & obtain ROE (9 Properties) Coordinate and conduct topographic survey 'Walk alternative alignments Coordinate and conduct E&A permitting Coordinate and conduct Geotech Meet w/ City & Stakeholders Prepare letter report w/ 30% design documents e g 15 'a 4 5 ci .... cin Prepare Project Manual Create P&P's Design TCP Provide 9 Easements Coordinate and acquire (9) temp. const. easements Provide 3 draft copies (a. 75%. 90%. Final Provide quantity take -offs Address City comments Provide opinion of probable cost Attend 2 coordination meetings with city, meeting notes 1 1 (Prepare TCEQ required plans 2 Prepare an Organized Sewage Collection System Plan (OSCS) 3 (Submit & Meet with TCEQ _ 4 Make Necessary Revisions & Resubmit t 4 1 2 'Keep bidder log 3 'Distribute plans and specs 4 b u 5 (Attend Pre-bid, Bid opening, prepare bid tab 1 6 Evaluate contractor quals and recommend <41.- rim et V1 '.On00101C) — etre vr VI VOt,.00C\a ..... Engineering Fees ,0et00 (4(4 64CACA Nt000 Subtotal 14 72 84 0 25 $ 1.000 195 $ - $ 25,381 F. Record Drawing Services 0 0 CACAfol 00 00 Subtotal 8 0 4 24 2 $ 500 38 $ - $ 3.215 Sub -Consultant / Engineering Reimbursables Reimbursables Fees VD CD (4 N WI Go 60 VD 00 b N N GA - cD va il M M 1 w4 00 0 0 Total $ 190,887 C S H 0 V .6 a CA H x 421 1/40 Reimbursables $ 1.000 1 5001 d U C 12 w a .w V . 0 a O +-+ nl •O o .--i .--. Senior Eng. Tech III 41 241 S . 0 C A cel 0 N W Q 04 M N 00 DO Project Manager et 00 l N rl Senior Project Manager '4" c'sl 'at et et v 'Pre Construction Meeting V •u0 a ,,o c 'Requests for Information 6 MonthlyProgress press Meetings. Meeting notes I Construction Observation Prepare record drawisszs- Furnish record drawings Furnish CD with record drawings Fri -" (tel M ' v1 --. N M EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 162673 BURYPART ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE TE(MM2011rn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER USI Southwest 7600 B N. Cap of Tx Hwy. #200 Austin, Texas 78731 COONATACT Debi Wylie P No. Ext : 512.651-4159 to , No): 512-467-0113 MAIL PRROOU DRESER--- CUSTOMER ID 1: INSURER(S) AFFORDING COVERAGE NAIC 1 INSURED Bury + Partners - Public Works, Inc. 221 West Sixth Street, Suite 600 Austin, TX 78701 INSURER A: Hudson Insurance Company 25054 INSURER B : GENERAL INSURER C LIABILITY INSURER D : INSURER E : INSURER F : $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1.TR TYPE OF INSURANCE ADDL t(SR UBR ,vvo POLICY NUMBER �rOLICY EFF (1 MMIDD/YYYY) POLICY EXP (MM/DO/YYYYL LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR DAMAGE TO RENTED PREMISES tEa occurrence) $ CLAIMS -MADE MED EXP (My one person) $ PERSONAL 8 AOV INJURY $ GENERAL AGGREGATE $ GENT_ AGGREGATE LIMIT —1 POLICY El PRO - APPLIES PER: n LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ OPERTY h(AGE (Per acddenl) S S $ UMBRELLA LIAB_ EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $_ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, desaibe under DESCRIPTION OF OPERATIONS / N below_ NIA WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.C. DISEASE - POLICY LIMIT S A Professional Lfab Claims Made Pol. AEE7252400 08/15/2010 08/15/2011 $2,000,000 per claim $4,000,000 anni aggr. DESCRIPTION OF OPERATIONS Re: Lake Creek 2 - Wastewater replacement. Waiver of (See Attached Descriptions) / LOCATIONS Subrogation / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is Lie Upgrade - Design and construction administration applies. required) of a wastewater line CERTIFICATE HOLDER City of Round Rock Attn: Eddie Zapata 212 Enterprise Drive Round Rock, TX 786 ACORD 25 (2009/09) 1 of 2 #S5574539/M4685751 CANCELLATION 10 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 64 Albj4" ®19(88 2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SXTZP DESCRIPTIONS (Continued from Page 1) Prof Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of insured. The limit will be reduced by payment of indemnity and expense. AMS 25.3 (2009/09) 2 of 2 #S5574539/M4685751 A '�® CERTIFICATE OF LIABILITY INSURANCE 4/19/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Lieu of such endorsement(s). PRODUCER Anderson Insurance Partners, L. P. CONTACT Jennifer Zachry, CLCS PN0ANo.Egl) (512) 372-8311 I {A/c.No); (512)372-8618 3933 Steck Avenue, Suite 8119 Austin TX 78759 ADDRESS;jzachry@insureaustin.com PRODUCER 00003687 CUSTOMER ID N INSURER(S)AFFORDINGCOVERAGE INSURER A:The Travelers Lloyds Ins CO NAMC11 INSURED Bury+Partners Holdings, Inc. 221 West Sixth Street Austin TX 78701 INSURER B : INSURER C: 1/1/2011 INSURERD: EACH OCCURRENCE INSURER E : DAMAGE TO RENTED PREMISES (Ea occ rrence) INSURERF: _____ COVERAGES CERTIFICATE NUMBER:CL1132303031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR INSR SUM WVO POLICY NUMBER POL EF (MIEN PO DDIYYYY) (MMI LIMITS A GENERAL X LIABIUTY COMMERCIAL GENERAL LIABILITY X OCCUR PACP0275R523 1/1/2011 1/1/2012 EACH OCCURRENCE S 2,000,000 DAMAGE TO RENTED PREMISES (Ea occ rrence) S 2 , 000, 000 _____ CLAIMS -MADE MEG EXP (Any one person) S 10,000 PERSONAL& ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 G£N'L AGGREGATE LIMIT APPPU�ES PER: —1 POLICY [ X�JECT E ILO PRODUCTS =COMP/OP AGG S 4,000,000 $ • AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE UMIT (Ea accident) S BODILY INJURY (Per person) S BODILY INJURY (Peraoddent) S PROPERTY DAMAGE (Per accident) S S S UMBRELLA UAB EXCESS UAB — OCCUR CLAIMS -MADE EACH OCCURRENCE _ S AGGREGATE S DEDUCTIBLE RETENTION S S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y J N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERJMEMBER EXCLUDED? i1 (Mandatory In NH) If yyes descdbs under DESCRiPT(ON OF OPERATIONS below N 1 A I TORY ATUS I OTH- ER E.L. EACH ACCIDENT S E.L DISEASE • EA EMPLOYEE, S . E.L DISEASE - POLICY UMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Lake Creek 2 - Wastewater Line Upgrade - Certificate Holder is listed as additional insured on the above General Liability policy per form COD381. CERTIFICATE HOLDER CANCELLATION City of Round Rock Attn: Eddie Zapata 212 Enterprise Dr. Round Rook, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M Anderson, CIC/JZACH AAc4 4 ee..� 44-a ACORD 25 (2009/09) INS025 (2ooeosa) The ACORD name and logo are registered marks of ACORD 4 9988-2009 ACORD CORPORATION. All rights reserved. Additional Named Insureds Other Named Insureds Bury + Partners DFW, Inc. Corporation, Additional Named Insured Bury + Partners Houston, Inc. Corporation, Additional Named insured Bury + Partners Public Works, Inc. Corporation, Additional Named Insured Bury + Partners San Antonio, Inc. Corporation, Additional Named Insured Bury + Partners, Inc. Corporation, Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC ROUND ROCK, TEXAS PURPOSE, PASSION. PROSPERITY Agenda Item No. 10C11. City Council Agenda Summary Sheet Agenda Caption: Meeting Date: Department: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Bury + Partners, Inc. for the Lake Creek 2 Wastewater Line Upgrade Project. June 23, 2011 Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, P.E. Director of Infrastructure Management Item Summary: This engineering contract with Bury & Partners, Inc. is for design and construction phase services for the proposed wastewater main improvements along Lake Creek from Lake Creek Park to South Mays. These improvements were deemed necessary in the latest Wastewater System Master Plan that was completed in 2008. This project will increase the capacity of approximately 4,800 linear feet of existing 24 -inch and 30 -inch diameter wastewater mains to 30 -inch and 36 -inch diameter wastewater mains. Strategic Plan Relevance: Goal 28.0: Protect public health and protect the environment through proper waste disposal. Cost: $190,888 Source of Funds: Self -Financed Wastewater Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: BURY+ PARTNERS, INC. ADDRESS: 221 W. 6th Street, Suite 600, Austin, TX 78701 PROJECT: Lake Creek 2 Wastewater Line Upgrade ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON THI CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of 34P.,L_/ , 2011 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7174; 00223863 W W02LKCRK2 1 104-1 Rev. 05/10 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incun-ed after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Ninety Thousand, Eight hundred Eighty Eight and No/100 Dollars ($190,888.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Eddie Zapata Project Manager II Infrastructure Development & Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6605 Fax Number (512) 218-5563 Email Address ezapata@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Thomas Caponi, P.E. Senior Project Manager, Vice -President 221 W. 611' Street, Suite 600 Austin, TX 78701 Telephone Number (512) 328-0011 Fax Number (512) 328-0325 Email Address tcaponi@burypartners.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in frill force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not Less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the teen of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Thomas Caponi, P.E. Senior Project Manager, Vice -President 221 W. 6th Street, Suite 600 Austin, TX 78701 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contact shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF OUND ROCK, TEXAS APP ED AS TO F By: )// Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary BURY+PARTNERS, INC. By: fr,r/7/ Signature of Principal Printed Name: u1,GG W�c�f 15 Stepha' L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will furnish the following information to the Engineer and/or perform the following tasks: 1. Provide existing reports or data the City has on file concerning comprehensive master planning, land use, population forecasts and/or private land development within the Lake Creek wastewater collection basin. 2. Provide existing data the City has on file concerning water demands and wastewater flows within the Lake Creek wastewater collection basin. 3. Define service area for the project based on the area map prepared by the Engineer. 4. Provide existing data the City has on file concerning the Project. S. Provide as -built plans for the existing wastewater lines. 6. Provide as -built plans for City owned utilities within the project area. 7. Provide utility, parcel and/or topographic mapping information of the project area. 8. Assist the Engineer in locating and exposing existing wastewater manholes that are buried. 9. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, and/or other franchise utility companies. 10. Assist the Engineer by requiring appropriate utility companies to expose underground utilities within the right-of-way, when required. 11. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any development that affects the scope of the Engineer's services. 12. Provide construction inspection and construction testing services including coordination and scope of services. 13. Pay all fees associated with approvals and/or permits from entities when such approvals and/or permits are necessary as determined by the City. 14. Pay for costs associated with newspaper public notice for bid advertisement. 15. Secure easements (using documents prepared by Engineer) as required for construction of improvements described in Engineer's final design plans. 1 of 1 EXHIBIT B Engineering Services Our proposed scope of services includes the following specific services: A. Preliminary Engineering Phase The City of Round Rock (City) has identified approximately 2,250 linear feet of existing Lake Creek Phase Two wastewater line to be replaced with a wastewater line with a larger pipe diameter, as determined by the City. The line runs generally fiom an existing manhole (with City designation LC0966) located halfway between McNeil Road and South Mays Street to a proposed manhole located halfway between Lake Creek Circle and Park Lane. The location and grade of the proposed manhole will be determined by others and approved by the City. For the purpose of submitting this proposal, line sizes are assumed to be one size larger than the current wastewater line and no sewer shed delineation or pipe capacity calculations will be required. This phase is assumed to last no more than two (2) months and no more than three (3) meetings with the City will be required. After a preliminary review with the City Staff, an alignment will be recommended for design. Bury+Partners, Inc. (Bury) will provide the following services during the Preliminary Engineering Phase of this project: 1. Compile available record drawings, topographic maps, utility information, right-of- way (ROW) information, and property boundaries. Utility mapping will be based upon information and records obtained from utility owners. 2. Consult with the City of Round Rock, electric and gas utilities and other potentially affected entities to define and clarify the project requirements and available related data. 3. Coordinate and attempt to obtain right -of -entry (ROE) into private properties and secure necessary property encumbrance research (see Section J. Easement Acquisition). If the initial attempt is rejected by the property owner, the City agrees to obtain ROE. 4. Conduct and coordinate necessary field surveys and topographic mapping for design purposes. Obtain field information regarding boundary information sufficient to determine property ownership. The extents of the topographic survey are assumed to be the existing permanent easement width, phis 40 -feet to serve as temporary construction staging areas. Subsurface utility mapping will be based upon information obtained from utility owners (See Section G. Design Survey). 5. Walk the alignments to generally assess the quality of the record information and acquired topographic information, and to identify obvious conflicts and discrepancies with record information. 6. Coordinate and conduct environmental and archeological permitting with a sub -consultant to review previously created reports or analyses to determine any environmental or archeological constraints which may impact the selection of an alignment. Coordinate with the consultant to conduct field investigations, analysis, and reporting necessary to obtain permitting through the Texas Historical Commission, U.S. Fish and Wildlife Department, and the United States Army Corps of Engineers (USACE). This task includes materials screening utilizing the ASTM -standard background environmental search. Williamson County Regional Habitat Conservation Plan (HCP) coordination and permit application (See Section K. Environmental Services) 7. Conduct and coordinate necessary geotechnical investigation for design purposes (See Section I. Geotechnical Investigations) 8. Attend up to two (2) meetings total with stakeholders including local utility companies or City Staff to examine issues, which might affect the design of the project. Specifically coordinate with TxDOT and Williamson County to secure use of their ROW as necessary for the project, and to define any design requirements these entities may impose on the project. 9. Prepare a letter report containing preliminary (30%) documents consisting of the development of the design criteria, preliminary plan drawings and sketches, and selection of the final horizontal and vertical alignment for the wastewater line, considerations involved with the project, alternative solutions available, and our recommendations for the wastewater project. The report will also include an Engineer's opinion of total project costs. 10. Furnish three (3) copies of the letter report to the City, meet to discuss comments, revise and submit a final letter report. B. Final Design Phase The purpose of the Final Design Phase is to complete design, production, and permitting of the proposed wastewater line project. This phase assumes the majority of the project will be constructed within existing easements or on City property, therefore no permanent easements will be required. A total of nine (9) temporary construction easements are included in this proposal. Final Design is anticipated to last up to three (3) months. Once all the Preliminary Engineering Phase is complete, Bury will perform the following tasks: 1. Preparation of a single bid package of engineering construction documents for the design of the wastewater line. 2. Prepare final plan and profile sheets with dimensional control data necessary to construct the wastewater line, including centerline of the proposed alignment, identification of existing improvements (e.g. streets, curbs, sidewalks, driveways, etc.) existing overhead and underground utilities based on available information, and proposed improvements (e.g. connections to other lines, known future improvements, etc.). 3. Provide a Traffic Control Plan for City approval. 4. Provide easement documents to facilitate construction (See Section H. Easements). 5. Coordinate the acquisition of temporary construction easements to facilitate construction (See Section J. Easement Acquisition). 6. Provide three (3) copies of each set of plans to the City of draft contract documents at 75%, 90% and final completion levels for review and approval. 2 7. Prepare take off quantity estimates for bidding purposes. 8. Coordinate with City Staff for the purposes of clearing staff comments and seek approvals for draft and final submittals. 9. Provide the City with a final opinion of probable cost for the wastewater line improvements based on final plans and quantity estimates. 10. Attend up to two (2) meetings with City Staff to complete design, address City comments and obtain City approvals. C. TCEQ Permitting (Edwards Aquifer Recharge Zone) The project will require a TCEQ application and permit for a wastewater line within the Edwards Aquifer Recharge Zone. The TCEQ Permitting Phase is assumed to last two (2) months and is anticipated to occur concurrently with the Final Design Phase. A total of two (2) meetings with either the City or TCEQ are included in this phase. To comply with applicable rules and regulations related to the permitting process, Bury will perform the following services: 1. Prepare TCEQ required plans and drawings in accordance with the current Texas Administrative Code Title 30, Part 1, Chapter 213, Subchapter A — Required Edwards Aquifer Protection Plans, Notification, and Exemptions, utilizing standard TCEQ forms where applicable. 2. Prepare an Organized Sewage Collection System Plan (OSCS) utilizing Bury standard pipe calculations and methods previously approved by the TCEQ. 3. Submit & meet with the City or TCEQ to review the plan, document any comments, and obtain City approval signatures. 4. Incorporate any comments and resubmit the permit for TCEQ approval. D. Bidding & Award Phase The project will require a public bid for the construction of the wastewater line. The Bidding and Award Phase is assumed to last three (3) months and require up to two (2) meetings with the City. To comply with applicable rules and regulations related to the public bid process, Bury will perform the following services: 1. Assist the City in advertising for and obtaining bids for the project. 2. Where applicable, maintain a record of prospective bidders to whom the Contract Documents have been issued, attend the pre-bid conference (if any), and receive and process Contractor payments for the Bidding Documents. 3. Distribution of plans and specifications to prospective bidders. 4. Interpret the Bidding Documents for prospective bidders and issue Addenda as appropriate to clarify, correct, or change the bidding documents. 5. Attend the Pre-bid meeting, Bid opening, prepare Bid tabulations, and assist the City in the evaluation of the bids. 3 6. Evaluate the Contractor's qualifications and prepare a recommendation for Contract Award. E. Construction Phase Bury will provide assistance during construction to observe the progress and quality of Work completed by the Contractor. Observations are not intended to be an exhaustive check or detailed inspection of the Work. Observations will be to become familiar with the Work in progress and to determine the general conformance with the Contract Documents developed for the wastewater line project. It is assumed the City will provide full time inspection to ensure quality of work and conformance to contract documents. Construction is assumed to last nine (9) months and require up to nine (9) construction progress meetings and monthly site visits to observe construction. During the construction observation phase, Bury will provide the following services: 1. Assist the City in completing the Contract Document package and assist in distribution to the contractor(s). 2. Attend the pre -construction conference with the City and Contractor prior to construction. 3. Attend monthly construction meetings and site -visits during the course of the work to observe progress of the contractor's work. 4. Issue clarifications and interpretations to the Contract Documents as appropriate. 5. Recommend change orders as appropriate. 6. Review shop drawings and submittals. 7. Render formal written decisions on all claims of the Contractor related to the interpretation of the Contract Documents. 8. Review and make recommendations for progress payments for work completed during construction period in accordance with the Contract requirements. 9. Observe testing performed during construction. 10. Coordinate with property owners or utility companies during the course of the work. Any coordination is anticipated to be via telephone, no meetings with these entities are included. 11. Once construction has been substantially completed, complete a final site observation visit and prepare a punch list as required. Once the punch list has been completed, prepare a Certificate of Completion. F. Record Drawings Bury will prepare record drawings for the project as follows: 1. Prepare record drawings for the project based on "red lined" drawings and information provided by the Contractor or his representative. 2. Furnish one 22" x 34" paper copy set of "Record Drawings" to the City. 3. Furnish one CD with "Record Drawings" images. 4 G. Design Survey Bury will perform the following surveys: 1. Topographic • Conduct a topographic survey of the alignment which will be used to complete the design of the proposed improvements. • The topographic survey will be based on an on -the -ground survey and will be produced at a one -foot interval. • The limits of the topographical survey will be the width of the existing easement, plus an additional 40 -feet to determine contractor work space. Cross-sections shall be cut at 100 -foot intervals perpendicular to the alignment. • Survey data will be reflected on the plan and profile drawings. • The topographic survey will establish a maximum of eight (8) project benchmarks. • The topographic survey shall include: a. Identify visible utility infrastructure. b. Marked underground utilities will be identified as to size and type. c. Identify flow lines and top of existing ditches, sanitary sewers, storm sewers and cross structures. Up to fifteen (15) sewer manholes are included in this proposal. 2. Right -Of -Way • Recover and locate the existing ROW based on platted subdivisions along the proposed route. H. Easements Bury will generate the required engineers sketch of each required temporary construction easement. A total of nine (9) easement sketches are assumed. No permanent easements are included in this proposal. Geotcchnical Investigation The project will require a geotechnical investigation to determine the existing soil conditions and recommendations for appropriate bearing values, foundation construction methods, and structural fills and for the proposed wastewater line. Bury will retain a geotechnical subconsultant who will be responsible for all aspects of their report and recommendations. Bury will include portions of their report as information for use by contractors. 1. Field Work • Drill five (5) geotechnical borings, including four (4) borings at each of two (2) proposed horizontal bore locations (bore and exit pits) and a fifth location to be determined. Samples will be to a depth of 15 -feet at the proposed pits and to a depth of 25 -feet at the fifth location. 5 • Contact DigTESS for the location of utilities. • Private lines must be located by the utility owner prior to drilling. • Obtain relatively undisturbed tube samples and standard penetration test samples as appropriate for the soils encountered. • Observe for groundwater seepage during drilling and record level. • Backfill boreholes with cuttings upon completion. J. Easement/ROW Acquisition Services It is anticipated that this project will require the acquisition of up to nine (9) temporary construction easements to allow for construction of the wastewater line. 1. Bury will retain an easement/right-of-way acquisition sub -consultant, who will be responsible for coordinating the acquisition of rights -of -entry and temporary construction and permanent easements for the City. 2. The sub -consultant will attempt to obtain rights -of -entry for each property. It is anticipated that these letters will be sent to each property owner during the Preliminary Engineering Phase. 3. The sub -consultant will obtain an Ownership, Encumbrances, and Lien Report for each property for which temporary easements will be required. This report will list existing easements for use in selecting a route and documenting on easement sketches (sketches provided by Bury Survey, see Section I -I Easements). It is anticipated that this report will be generated during the Preliminary Design Phase. 4. The sub -consultant will make up to three (3) attempts to secure required easements from each parcel during the offer phase of negotiations. Fees charged by the title company will be the responsibility of the City. The sub -consultant will conduct one (1) meeting with each landowner after the final offer letter in an attempt to reach an agreement in lieu of condemnation. 5. A total of three (3) property appraisals are included in this proposal. Additional appraisals, if required, will be considered additional services and billed at $3,850+10% each. K. Environmental Services Bury will provide as described in the attached Environmental Services Scope of Work. 6 EXHIBIT C Work Schedule Attached Behind This Page En o •Y ~ N g £ i N — • P O � 4 •i f i I.) ii II • 1 LI 1 R 1 1a 1 , K`til w 1 ilk l 0ts.r 1 — —/� I r r�r r= r [�. C.. C C t rolnl g iti. Op�cgcl�\§ 43, az aw ; LL •LL l ^� a lill'ifil"X 11i3.}.kuj _111111iu ' il1uui.i 8 gPNl9N� .. . a^N�Vr . µ i ElykwlL-Hai-u IHH11 4..-. r 111 .§i Emil 4x i'az iii it a 4 R!- 011H ELLS xe H#H11It Ii N.NONNO $ R!l�O, i i i N N N I* I4 N NN U C C r {r �� - N N N i5dt0i§iiiii§ J mil§ Nry N'N NN N N ti N hilipiii§ IM!'!4iic ! illi$ illy ate.P NNN: 1 ! § i u b! d1tnu Ll i 'J1dIhI1aY Q .ii U �F Jt;I h rp %0;77TIV41:5tW4 j!1nilII1 1 4 ii Q -N.....1nbea1=v !I!1 xr.W.^-mPR&MagARR'ER �y �.ly ♦ n AFS ;38AA! EXHIBIT D Fee Schedule Attached Behind This Page Attachment 'D' Round Rock - Lake Creek 2 Wastewater Line Upgrade OA C 'L dN a c2 OA FY1 et *-+ 1�0v�0 69 et M (moi 69 VD et r-+ 69 00 N •-+ 69 t0 01 n on 69 .-., O O\0 �-+ .69 00 N ,. 69 tD OR d N 69 el 00 tn0 N 69 et 'n d' 64 Subtotal 22 54 76 15 2 $ 500 169 $ 43.775 $ 23,180 B. Final Design N (V et+-+VOe4WIVI mi 69 N Oh 00 fit vt t- ep 64 0 00 r�7 64 t0 et �--' 69 VD 00 69 N Oh --'.000 ff 69 N 0' f 4 69 f'1 p •-' 69 — 40 4 69. Subtotal 17 56 87 85 26 $ 1,250 271 $ 33,487 $ 34,652 C. TCEQ Permitting (Edwards Aquifer Recharge Zone) et V) c4 69 00 n ND 40 69 VD o (n 69 VD V7 M c 4 64 Subtotal 4 28 52 20 12 $ 500 116 $ - $ 14.554 D. Bidding & Award O C4 0 ...• 69 O N 00 69 00 N -. 61 t-. N v10+-+ r 69 M VI e4 69 M N .-1 69 41 0'. M 00 69 t 69 et 1. 0 69 M O O ei et tD Ii 0 .0 9 00 0 C .N 15 to 0 U .0 a 00 00 ..4'e [� 6969 0 �O .. N u> ,-. 69 'n M '_.7- 69 $ 13,500 ts- CA 0: Ery F x O Cl O N N •-+ 00 et el et �' 00 0. — 00 ,..ccel 00 V) M et VD on td N 0\ rn 01 O N 00 O on 20 N h et N d N 00 00 N — N N et ,--' 0 --. 76O 0 IA 0. .Q E 15 a 69 $ 200 0 0it 69 001 $ $ 400 $ 100 $ 450 $ 300 005 $ ;,. R. d V el 00 ' 011 'D et ' et et 00 00 00 N ' ' Senior Eng. Tech III et N el rn et 40 VO 00 0' et 00 VD et 6 ,,r W pi .61 W Q N , . N ,-- 00 'tt r 00 00 et 't t! 01 .-. tD .4 tD w . N .-. 00 0'. tD W 1D 00 Cl ,-. et Cl 00 00 et 00 et et 0. d S a ol et 00 et N00 et hl ND 00'00 00 00 00 00 et VD et N 00 et ZI 00 et ct 6 'a O C 00 el ,,,r 00 et M N 00 d' et Cl 00 N Preliminary Engineering Compile record drawings Consult with CORK existing utitlity owners Coordinate & obtain ROE (9 Properties) Coordinate and conduct topographic survey Walk alternative alignments Coordinate and conduct E&A permitting Coordinate and conduct Geotech Meet w/ City & Stakeholders Prepare letter report w/ 30% design documents Submit draft and final letter report Prepare Project Manual 0 �U E Design TCP Provide 9 Easements Coordinate and acquire (9) temp. const. easements Provide 3 draft copies A 75%, 90%, Final Provide quantity take -offs Address City comments• Provide opinion of probable cost Attend 2 coordination meetings with city, meeting notes Prepare TCEQ required plans 9 Prepare an Organized Sewage Collection System Plan (OSCS) Submit & Meet with TCEQ Make Necessary Revisions & Resubmit Po Keep bidder log (Distribute plans and specs Issue Addenda Attend Pre-bid, Bid opening, prepare bid tab Evaluate contractor quals and recommend Q •- Nrnet 41 0n000lo .-•Nrnet'r1 Vonaorno .-,clrnet ---Ncnetv1‘ti:) 00 C •8 0 of d "b0 G' C W IIE. Construction Administration Ni- el ri 00 Ci 4 00 00 V? 64 •-, 0 0 0 kr; (A d�• tri col Subtotal 14 72 84 0 25 $ 1.000 195 $ - $ 25,381 F. Record Drawing Services 0 d M 6:i CO fA 00 69 Subtotal 8 0 4 24 2 $ 500 38 $ - $ 3.215 Sub -Consultant / Engineering Reimbursables Reimbursables Fees Total 81 214 323 144 101 $ 4,250 863 S 81,512 $ 109,376 is p p 00 O rN 69 Q 0 V) 0 V cn Total Hours rn XI ca H L E Ta Fil 0 0 00 0 "^ V In 40 U r--. Senior Eng. Tech III N Engineer Assoc 11 00 b cr) et N 00 00 •Tt' Project Manager ••:t CO el N 24 y.. O 4a OcioD CI) ,s. L. 0 4,x ct Cl 'c • d' et .0' • [Pre Construction Meeting Submittal Review Requests for Information 6 Monthly Progress Meetings. Meeting notes Construction Observation Prepare record drawings Furnish record drawings Furnish CD with record drawings ... e I M .. 41 —, csi en I 0 0) a) c0 0 EXHIBIT E Certificates of Insurance Attached Behind This Page Client#: 162673 BURYPART ACORD,. CERTIFICATE OF LIABILITY INSURANCE D04(MM/DD 1rn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER USI Southwest 7600 B N. Cap of Tx Hwy. #200 Austin, Texas 78731 CONTACT Debi Wylie PHON>= 512.651.4159 FAX 512-467-0113 Ext): (ac, No): Lo, PROODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Bury + Partners - Public Works, Inc. 221 West Sixth Street, Suite 600 Austin, TX 78701 INSURER A: Hudson Insurance Company 25054 INSURER B , INSURER C: DAMAGE TO RENTED PREMISES (Ea occurrence) INSURER D : INSURER E : MED EXP (My one person) INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDL LTR TYPE OF INSURANCE »SR UBR �jyy� POLICY NUMBER POLICY EFF 3(MMIDDIYYYYI POLICY EXP SMM!DDIYYYYj_ LIMITS EACH OCCURRENCE S GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR , DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE MED EXP (My one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEM. AGGREGATE LIMIT APPLIES PER: —1 POLICY I f 1 P -1 LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ S $ UMBRELLA LIAB— EXCESS LIAB OCCUR CLAIMS -MADE _ EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S A Professional Liab Claims Made Poi. AEE7252400 08/15/2010 08/15/2011 $2,000,000 per claim $4,000,000 anni aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space s required) Re: Lake Creek 2 - Wastewater Lie Upgrade - Design and construction administration of a wastewater line replacement. Waiver of Subrogation applies. (See Attached Descriptions) CERTIFICATE HOLDER City of Round Rock Attn: Eddie Zapata 212 Enterprise Drive Round Rock, TX 78664 CANCELLATION 10 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE $? .M. ea, �ewvr�Qtlks�!'- m 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S5574539/M4685751 SXTZP DESCRIPTIONS (Continued from Page 1) Prof Liab: The aggregate limit is the total insurance available for claims presented within the policy period for all operations of insured. The limit will be reduced by payment of Indemnity and expense. AMS 25.3 (2009109) 2 of 2 #S5574539/M4685751 '4R a CERTIFICATE OF LIABILITY INSURANCE DATE /19� �1 NYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Anderson Insurance Partners, L. P. 3933 Steak Avenue, Suite B119 Austin TX 78759 MAS CT Jennifer Zachry, CLCS PHONE (512) 372--8311 I (A1C.No): (512)372-8818 ADD jzachry@insureaustin.com PRODUCER 80003687 CUSTOMER M # INSURER(S) AFFORDI NG COVERAGE INSURER A:The Travelers Lloyds Ins Co NAM# INSURED Bury*Partners Holdings, Inc. 221 West Sixth Street Austin TX 78701 INSURER B : INSURER C: PACP0275R523 INSURER D: 1/1/2012 INSURER E : $ 2,000,000 INSURER F: $ 2, 000, 000 COVERAGES CERTIFICATE NUMBERCL1132303031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID I LTR TYPE OF INSURANCE . jMSRL SUBR yyVD POLICY NUMBER (MOLIc IYYYY) ��CLAIMS. QAIWLI7 " LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 1 X 1 OCCUR PACP0275R523 1/1/2011 1/1/2012 EACH OCCURRENCE $ 2,000,000 DAMAGE 70 RENTED PREMISES(Eaoccurrence) $ 2, 000, 000 -_.... _..J CLA MS -MADE MEDEXP(Anyoneperson) $ 10,000 GENL -1P01 PERSONAL BADV INJURY $ 2, 000, 000 GENERAL AGGREGATE $ 4,000,000 AGGREGATE LIMIT APPLIES PER: ICY 1ii-1JEC(- T ! LOC PRODUCTS - COMP/OP AGG S 4,000,000 $ AUTOMOBILE __- LIABILITY ANY AUTO L (MINED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS UAB - OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DEDUCTIBLE RETENTION S S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes desthbe under DESCRIPTION OF OPERATIONS Y! NER N 1 A 1 TORYTAM U- I I OT E.L. EACH ACCIDENT $ IN E.L. DISEASE - EA EMPLOYEE $ beton E DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) Re: Lake Creek 2 - Wastawater Lino Upgrade Certificate Holder is listed as additional insured on the above General Liability policy per form CGD381. CERTIFICATE HOLDER CANCELLATION City of Round Rook Attn: Eddie Zapata 212 Enterprise Dr. Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M Anderson, CIC/JZACIt AAL u. 4* .. A ACORD 25 (2009109) INS025 (200909) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Bury + Partners DFW, Inc. Corporation, Additional Named Insured Bury + Partners Houston, Inc. Corporation, Additional Named Insured Bury + Partners Public Works, Inc. Corporation, Additional Named Insured Bury + Partners San Antonio, Inc. Corporation, Additional Named Insured Bury + Partners, Inc. Corporation, Additional Named Insured OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC