R-12-07-26-G4 - 7/26/2012 RESOLUTION NO. R-12-07-26-G4
WHEREAS, the City of Round Rock desires to retain engineering services for the Reuse
Water Transmission Main—Phase IV-B Project, and
WHEREAS, HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide
said services,and
WHEREAS, the City Council desires to enter into said contract with HDR Engineering, 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 HDR Engineering, Inc. for the Reuse Water Transmission Main — Phase
IV-B 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 26th day of July, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: ,
SARA L. WHITE, City Clerk
O:\wdox\SCClnts\0112\1204\MONICIPAL\00254309.DOC/rmc
EXHIBIT
«A»
JRrOUNDROCK,SSION.PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR ENGINEERING,INC. ("Engineer")
ADDRESS: 4401 West Gate Blvd.,Ste.400,Austin,Texas 78745
PROJECT: Reuse Water Transmission Main—Phase IV-11
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on
this the day of ,2012 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., Goveriunent 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 panties hereto, it is agreed as follows:
Engineering Services Contract Rev.05/10
Project ID Number:WROIPH-413 00192831
File Name:0199.1235
00253381
1
t
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 fiilly 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) Worlt 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.
I
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 Three Hundred Sixty-Nine Thousand, Eight Hundred Twenty-Three and No/100
Dollars $369,823.00) 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
f
If
I
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Govermnent 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:
Jeff Bell
Project Manager
2008 Enterprise
Round Rock,Texas 78664
Telephone Number(512) 801-4461
Fax Number(5 12) 218-5563
Email Address jbell@rouiidrocktexas.gov
roundrocktexas.gov
I
4
i
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:
Jason Christensen,P.E.
Project Manager
4401 West Gate Blvd., Ste.400
Austin,Texas 78745
Telephone Number(512)912-5109
Fax Number(512)912-5158
Email Address jason.christensen@hdrine.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
i
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
Rill 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 perforin is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. Iii 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
I�
1
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 fiunished 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 tinder 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
I
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 forrnat 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 liardcopy 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 tinder 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
i
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 pant 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 amoluit 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 {
j
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
i
`{ 3
f {
1
I
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 Insue•ance. 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 firture 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.
I
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: i
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock,TX 78664
,
13
i
i
,
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Jason Christensen,P.E.
Project Manager
4401 West Gate Blvd., Ste. 400
Austin,Texas 78745
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County,Texas,and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas,
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
14
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services fiu•nished 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 terns 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 fiull 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 faithfiil and fi►Il performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APR VED AS T FORM:
By: AN jai)
Alan McGraw,Mayor Step ha L. Sheets, City A torney
ATTEST:
By:
Sara L. White, City Clerk
HDR ENGINE WING, INC.
By:
n ture o r I
ri ed e: 44
15
LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
i
i
r
16
i
EXHIBIT A
City Services
The City of Round Rock shall fiunish to the Engineer the following items, information, and
assistance:
1. Provide copies/files of any existing aerial mapping, boundary and topographic survey data,
and easement documents for the proposed 1.25 million gallon (MG) Reuse Elevated
Storage Tank(EST)site.
2. Provide any relevant preliminary design information related to the EST, such as WaterCad
hydraulic model data.
3. Provide as-built or construction drawings of any existing utilities in the project area and
locate existing utilities as requested by Engineer.
4. Provide design and/or engineer contact information for Phase N-A reuse water line, to
which this project connects.
5. Assist Engineer in visiting the proposed tank site as needed to finalize site layout.
6. Provide timely review of construction drawings, technical specifications, and contract
documents.
7. Provide assistance for coordination with private property owners as necessary.
i
EXHIBIT B
Engineering Services
DESIGN PHASE
Task 1
• Establish the scope and advise the City of geotechnical investigations or any special testing
that, in the opinion of the Engineer, are required for the proper execution of the Project. A
scope of work, fee, and performance schedule for geotechnical field and laboratory services
has been developed and the work will be completed by Raba Kistner Consultants, Inc. under
a subconsultant agreement with the Engineer. HDR's geotechnical engineer will evaluate the
field and lab data and prepare a geotechnical engineering report to characterize sub-surface
conditions at the site for prospective bidders and provide recommendations for design and
construction of the proposed 1.25 MG EST.
Task 2
• Prepare contract Drawings (up to 33 drawing sheets) for construction of the 16-inch Reuse
Water Transmission Main, 1.25 MG EST and 3.0 MGD High Service Pump at the existing
Reuse Water Treatment Facilities, as authorized by the City. HDR will fiirnish the drawings
for review and approval by City; revise the drawings in accordance with comments and
instructions from the City, as appropriate; and submit final copies of the drawings to the City
after receipt of the City's comments and instructions.
• The City has already obtained boundary/easement survey for the 16-inch Reuse Water
Transmission Main and EST site as performed by Inland Geodetics. The Avery Centre
Developer has obtained topographic survey of the water line and tank sites. The Engineer
will use this existing survey information for design drawings. The construction drawings
developed under this contract will be tied to the City of Round Rock's Horizontal and
Vertical Control Network.
Task 3
• Prepare contract Specifications for constriction of the 16-inch Reuse Water Transmission
Main, 1.25 MG EST and 3.0 MGD High Service Pump at the existing Reuse Water
Treatment Facilities, as authorized by the City. The specifications will be prepared in
conformance with the sixteen-division format of the Construction Specification Institute and
will be based upon Engineer's master specifications. The General Conditions and other
Division 0 Contracts and Conditions documents will be the City's standard documents with
the revisions previously suggested by the Engineer and approved by the City: HDR will
furnish the specifications for review and approval by City, its legal counsel and other
advisors; revise the specifications in accordance with comments and instructions from the
City, as appropriate; and submit final copies of the Project Manual to the City after receipt of
the City's comments and instructions.
i
i
1
Task 4
• Furnish to the City, where required by the circumstances of the assignment, the engineering
data necessary for applications for routine permits by local, state and federal authorities (as
distinguished from detailed applications and supporting documents for government grants-in-
aid, state loan programs, planning advances or to meet the requirements of the special
programs of the federal government). The Engineer shall also assist the City in obtaining
approval of the aforementioned routine permit applications from local, state, and federal
authorities.
• Submit contract drawings and specifications to the local and state agencies for approval
(TCEQ plan review). .
• Establish the Engineer's opinion of probable construction cost for the project and advise the
City in writing of any changes to this cost prior to advertising the project.
Task 5
• Attend one kick-off meeting with the City to outline the requirements of the project.
• Attend up to five periodic meetings with the City to present and discuss project progress.
Engineer will provide copies of review drawings (half sized prints), specifications and other
design materials for progress meetings as necessary.
• Coordinate and consult with Welding and Coating Inspection subconsultant.
• Provide project administration (correspondence, documentation, accounting, etc.) for
anticipated five month design phase duration.
• Conduct internal quality assurance monitoring for anticipated five month design phase
duration.
Excluded Services:
a. Additional field surveys as needed to collect information, which in the opinion of
the Engineer, is required for design of the Project. If a need for additional
surveying is identified, Engineer will notify City to receive approval for obtaining
additional survey data.
b. Engineering design services related to expansion of effluent filtration, transfer
pumping and disinfection at the existing Reuse Water Treatment Facilities.
2
i
BIDDING PHASE
Taslc 6
• Assist City in advertising for and obtaining bids or proposals for the work and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents have been
issued, and receive and process deposits for Bidding Documents.
• Respond to bidder questions. This proposal is based on eight Project Manager hours, two
Senior Engineer hours, 12 Project Engineer hours, two Senior Geotech hours and eight
Clerical hours for this subtask.
• Attend one pre-bid conference.
• Issue one addendum as appropriate to interpret,clarify or change the Bidding Documents.
• Attend and conduct one bid opening and prepare bid tabulation sheets.
• Evaluate bids or proposals and prepare letter recommending award of contract to the lowest
qualified bidder.
• Assist the City in assembling and awarding construction contracts for the work. '...
• Provide project administration (correspondence, documentation, accounting, etc.) for
anticipated one month bidding phase duration.
• Provide tip to 20 sets of printed bid documents for bidder review.
CONSTRUCTION PHASE
Task 7
• Consult with and advise City as set forth herein and as provided in the General Conditions
and Supplementary General Conditions of the Contract for Construction included in the
Contract Documents for the project.
• Attend one pre-construction conference prior to commencement of the work.
f
• Prepare tip to five sets of printed conformed Contract Documents.
• Make up to 17 periodic visits to the site to observe the progress and quality of the executed
work and to determine in general if the work is proceeding in accordance with the Contract
Documents. Site visits will include attending and conducting monthly progress/coordination
meetings with the City, Contractor and others, including review of the project schedule.
3
i
• Issue up to 20 clarifications and interpretations of the contract documents in the form of
Requests for Information and Field Orders as appropriate to the orderly completion of
Contractor's work.
• Review and respond to up to 70 submittals from the Contractor. Determine the acceptability
of schedules that the Contractor is required to submit to the Engineer, including the progress
schedule, schedule of submittals, and schedule of values. Review and approve or take other
appropriate action in respect to samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of materials and equipment, and other data which Contractor is required to
submit. Evaluate and determine the acceptability of substitute materials and equipment
proposed by Contractor. Receive,review,and transmit to the City maintenance and operating
instructions,schedules, guarantees, bonds, certificates or other evidence of insurance required
by the contract documents.
_ • Recommend change orders and work change directives to the City, as appropriate, and prepare .
change orders and work change directives to Contractor as required.
• Provide. project administration (correspondence, documentation, accounting,. etc.) for
anticipated 17 month construction phase duration.
• Review up to 18 applications for payment and accompanying supporting documentation from
Contractor, and recommend appropriate payment to Contractor.
• Require such special inspections or tests of Contractor's work as deemed reasonably necessary,
and receive and review all certificates of inspections, tests, and approvals required; render
formal written decisions on all duly submitted issues relating to the acceptability of Contractor's
work or the interpretation of the requirements of the Contract Documents pertaining to the
execution,performance,or progress of Contractor's work.
• Conduct, in company with the City, two inspections, preliminary and final, of the Project for
assessing conformance with the design concept and compliance with the Contract
Documents, determining the substantial completion date for tine Project, and recommending
final payment to the contractor in writing.
• Conduct one site visit to assist City staff during start-up of the project.
• Assist the City with close-out of the construction contract.
• Review and compile as-recorded drawings as received from the Contractor, and produce up
to five sets of printed as-recorded drawings for the City in order to reflect actual construction.
f
4
WELDING AND COATING INSPECTION
Welding and coating inspection will be provided by HOT Inspection Services and will include
the following scope of work.
PRE-CONSTRUCTION PHASE
1. Attend a preliminary conference with the Owner/Engineer regarding the project to discuss
the tank design features that may be required.
2. Technical Specification consulting of tank construction and coating application.
3. Make final review of the coating and tank construction specifications prior to sending
documents out for bidding.
4. Attend the pre-bid and pre-construction meeting.
CONSTRUCTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the progress
and quality of the executed work in accordance with the Contract Documents. In performing
these services, reasonable measures will be taken to protect the Owner/Engineer against
defects and deficiencies in the work of the Contractor. Responsibility for the. actual
supervision of construction operations or for the safety measures that the contractor takes or
should take cannot be guaranteed.
2. HOT proposes to provide an AWS Certified Welding Inspector and NACE Certified Coating
Inspector on the referenced project for the City of Round Rock and HDR Engineering. The
objective of this project is to provide quality assurance surveillance of the erection, welding,
sandblasting, and painting during the construction of the referenced water tank: Inspection
and testing visits will be strategic and at the discretion of the Owner/Engineer. The services
to be provided will include the following:
Welding Fabrication and Erection Inspection
• Review tank project drawings to provide cormnents and recommendations.
• Review welder qualification records, welding procedures, and mill test reports before any
welding commences.
• Verify proper welding electrodes and electrode storage to be used on project.
• Conduct inspections on shop fabricated components.
• Conduct inspection of tank erection practices and fit-up.
• Conduct Certified Welding Inspection per AWWA D100 during construction.
• Approve Radiographic Testing as per AWWA D100 Section 14.
• Witness leak testing of floor welds and penetrations. i
s
5
3. The inspection methods to be implemented for the above inspection will consist of Visual
Testing. All inspections will verify compliance with the Contract Specifications. An AWS
Certified Welding Inspector and NDE Level III will conduct all welding inspections.
4. Shop fabricated items will be inspected on site as they arrive unless the owner requests a
_ shop visit. The fabrication and weld quality will be inspected for compliance to AWWA
D100-96. If the owner requires a shop inspection, it shall consist of a visual inspection of the
fabricating practices and operations to determine compliance with the AWWA Standard. All
travel and labor expenses will be charged as additional expenses.
5. Sandblasting and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre-surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
• Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
• Evaluating cleanliness between coats.
• Witness contractor conduct holiday testing of the inside coating system.
• Evaluate cure.
• Prepare a final inspection report to engineer and owner.
6. The inspection methods to be implemented for the sandblasting and coating inspections will
consist of visual inspections, nail gauging, holiday testing, profile gauging, and atmospheric
measuring. All inspections will verify compliance with the AWWA D102-97 and contract
specifications. The measurement of air temperature, surface temperature, humidity, dew
point, coating thickness and holiday detection will be recorded in an inspector's logbook.
The equipment to obtain such measurements will be supplied by NOT.
7. WORK EXCLUDED: Work required for safely accessing the tank is not included in the
cost of this project. It will be the contractor's responsibility for providing safe access to all
areas of the tank for inspection and testing during the construction. OSHA approved staging
will be necessary for the complete access of the tank.
8. The cost for the above mentioned services is based on a$100.00 per hour fee and is estimated
as listed above for each phase of the project. If re-inspections are necessary due to contractor
performance deficiencies and non-conformance. issues during the construction phase, the
additional time will be documented and billed at the rate above.
s
6
i
i
I
Exhibit C
Work Schedule
2012 2013 2014
TASKS J I J I AIS O N D JIF M AI MI JIJIAISIO N D JIFIMIA M J J AISIOINID
Notice to Proceed-July 26,2012 Council Date I X I I
Engineering Design
Geotechnical Investigation
Additional Surveying of needed) I I
50%Drawings&Specifications-September 14,2012
City Review(5 days)-September 21,1012 I X
90%Drawings&Specifications-October 29,2012
City Completes Review(5 days)-November 5,2012 X
100%Drawings&Specifications-November 28,2012
City Approves and Signs 100%Drawings-December 4,2012 X
Advertise for Bids-December 6,2012(initial
Prebid Meeting-December 20,2012 I I
Bid Project-January 7,2013 I X
HDR Award Recommendation Deadline-
January 11,2013
Council Award of Construction Contract-January 24,2013 X I
Preconstruction Meeting and NTP-January 31,2013
Construction
Substantial Completion-May 2014
Final Completion-June 2014
Project Closeout and As-Built Drawin s
I
Exhibit D
Fee Schedule
Total Total Other
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants TOTALS
Design
Task 1: Geotechnical Investigation 44 $7,180.00 $0.00 $0.00 $7,180.00
Geotechnical Subconsultant 0 $0.00 $0.00 $4.,200.00 $4,200.00
Task 2: Drawings 535 $76,142.00 $2,230.00 $0.00 $78,372.00
Task 3:Specifications 357 $46,362.00 $0.00 $0.00 $46,362.00
Welding and Coatings Subconsultant 0 $3,200.00 $3,200.00
Task 4: Miscellaneous 48 $5,988.00 $0.00 $0.00 $5,988.00
Task 5: Project Management 156 $22,232.00 $0.00 $0.00 $22,232.00
Bidding
Task 6: Bidding Assistance 176 $22,760.00 $3,470.00 $0.00 $26,230.00
Construction
Task 7: Construction Administration 988 $132,040.00 $7,619.00 $0.00 $139,659.00
Welding and Coatings Subconsultant 1 0 1 $0.00 1 $0.00 1 $36,400.00 $36,400.00
GRAND TOTAL: 2304 $312,704.00 $13,319.00 $43,800.00 $369,823.00
i
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
r
7
x:
i
f.
F
k
3
'4a✓°® CERTIFICATE OF LIABILITY INS URANCEDAT
6/1/2013 6/12/2-1-2DIYYYY)
/2012
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 cantor rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Lockton Companies,LLC-1 Kansas City c ME*
444 W.47th Street,Suite 900 PHONE
Kansas City 64112-1906 E AIC No
(816)960-9000 ADDRESS:
INSURFMI AFFORDING COVERAGE NAS)
INSURER A-Hartford Fire Insurance Company19682
INSURED HDRENGINEERING,INC. INSURER 8:St.Paul Fire and Marine Insurance company
1013472 ATTN.LOUIS J.PACHMAN INSURER C:Sentinel Insurance Company,Ltd. 11000
8404 INDIAN HILLS DRIVE INSURER D:Zurich American Insurance Com an 16535
OMAHA,NE 68114-4049
INSURER E:
INSURER F:
COVERAGES HDRIN01 SA CERTIFICATE NUMBER: 11853755 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEINSURED NAMED A80VE 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.
WAIJLN OR
TSRTYPE OF INSURANCE SWyu BR POLICY NUMBER A EFF MIDOYEItP UMITS
A GENERAL LIABILITY N N 37CSEQUO950 6/1/2012 6/1/2013
7C MMERCULGEN nm DAMAGE :,,eo s 1000000
CWIASMADEOOCUR MEOEXP non
X Contractual Liab.
PERSONAL.BAOVINJURY S 1,000,000
GENERAL AGGREGATE S.
GENLAGGREGATE LIMrrAPPUES PER:
PRODUCTS-COMP/OPAGG
POLICY x PRO- X LOC
AA AUTOMOBILE LIABILITY N N 37CSE U0951 AOS) NI12012 611/201] Feeovdenl $
A ANY 2,000
37i+�tCPQXU09��f ill)).� 6/1/2012 6/1/2013 ppDILYtNJURY Per non S
ALL OWNED �EDULEo `� @U+) (/1/2012 6/1/2013 DODBOD ! pe ) 6
A�UTNO ED ILYI URY P
X HIRED AUTOS X ROPERTYDAMAGE S XXXXXXX
s X7Ox3IXXX
B X UMBRELLA LLAB I OCCUR N N ZUP-IOR64084-12-NF 6/1/2012 6/(/2013 EACH OCCURRENCE $ 11000,000
EXCESS UAB C MS,�E (EXCLUDES PROF.LIAB) AGGREGATE
$ 1,000,000
DED I X I RETENWRS SO s
WORKERS COMPENSATION
C ANDEMPLOYERLIABIUTY YIN N
a' 91WEOIII000 7/1/2012 7/1/2013 X TORY IT ER
ANY FO FICPRENOPtIME BERREEXC�LUDE?ESTVE
FNJ NIA E.L.EACH ACCIDENTS 1.000.0`0
(Mandatoy In NH)
if 1,000,000
+s.dssalDauMer EL DISEASE S
D R NOFOPERATiON bebw EL DISEASE-POLICY LBdR S
1-000-000
PROFESSIONAL N EOC926012 6/1/2013 is
D AR N 026.05 6/IR0PER CLAIM:S1,000,000.AGG:
S1,000,000
LIABII.iTY
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES WWII ACORD 101,AddWaal Remarks Schedule,ltmom epuolsrequired) t
RE:DESIGN,BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR CITY OF ROUND ROCKPROJECTTITLED REUSE 1YATER
TRANSMISSION MAIN:PHASE IV-B
CERTIFICATE HOLDER CANCELLATION
F
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
11853755 AUTHORIZED REPRESENTATNE
Pa lAl D LO GK O
CITY OF ROUND ROCK T !f ( ,1Z
ATTN:CITY MANAGER
221 E.MAIN STREET
ROUND ROCK TX 78664
ACORD 25(2010105) The ACORD name and logo aro realslanrd marks of ACORD 1883-2010 A#IDIF CORPORATION.All rights reserved a
z
A
ROUNDROCK,TEW City Council Agenda Summary Sheet
PURPOSE PASSION.PROSPERITY.
Agenda Item No. G4.
Consider a resolution authorizing the Mayor to execute a Contract for Engineering
Services with HDR Engineering, Inc. for the Reuse Water Transmission Main — Phase IV-B
Agenda Caption: Project.
Meeting Date: July 26, 2012
Department: Utilities and Environmental Service
Staff Person making presentation: Michael Thane
Utilities and Environmental Services Director
Item Summary:
This project continues the City's efforts to provide reuse water to the developing Northeast area of Round Rock.
This professional services contract with HDR Engineering, Inc. is for the design and construction services for Phase
IV-B of the Reuse Waterline Improvements Project. This project will include the design of a 1.25 million gallon
Elevated Water Storage Tank and the extension of the Reuse Waterline.The waterline will extend 900 feet from the
end of Phase IV-A, currently in design with Baker-Aiklen as part of the College Park Drive Improvements,to the reuse
tank site. The tank will provide 1.25 million gallons of elevated storage capacity for the Reuse Water System to help
control pressure in the system. In addition, a 3.0 MGD high-service pump will be added to the existing 9 MGD pump
station at the Reuse Water Treatment Facility. Anticipated completion date of this project is scheduled for June of
2014. The City has received a federal grant from the Bureau of Reclamation that will fund 25%of the total cost.
Cost: $369,823
Source of Funds: Self-Financed Water Construction
Date of Public Hearing(if required): N/A
Recommended Action: Approval
i
EXECUTED
ORIGINAL
DOCUMENT
FOLLO
W
4:
A'
2-
ROUND ROCK,TEXAS
PURPOSE.PASSION PROSPERITY �.
CITY OF ROUND ROCK i
CONTRACT FOR ENGINEERING SERVICES
it
FIRM: HDR ENGINEERING,INC. ("Engineer")
ADDRESS: 4401 West Gate Blvd., Ste. 400,Austin,Texas 78745
PROJECT: Reuse Water Transmission Main—Phase IV-B f
l
i'
THE STATE OF TEXAS § l
I
COUNTY OF WILLIAMSON §
U115 CONTR CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on g
this the ay of ,2012 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., Goverrunent 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 f
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
Project ID Number:WROIPH-4B 00192831
Fite Na►ne:0199.1235
00253381
IV IT
l7K
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 frilly 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."
i
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering I
Services."
1
i
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 I
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) Worlc 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. hi
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 frilly and timely
accomplish all Engineering Services required under this Contract in a professional manner. l
i
I
i
3
I
2
f
a
I
(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 Three Hundred Sixty-Nine Thousand Eight Hundred Twenty-Three and No/100
Dollars ($369,823.00) 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.
f
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 r
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.
Yp
ARTICLE 5 E
t.
METHOD OF PAYMENT
F
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 i
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
t
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 satisfactoiy Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination,that tasks were completed.
i,
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.
f'
F
3 j
i
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: !
Jeff Bell
Project Manager
2008 Enterprise
Round Rock,Texas 78664
Telephone Number(512) 801-4461 1
Fax Number(512)218-5563 I
Email Address jbell@rouiidrocktexas.gov
roundrocktexas.gov
4
S
i
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:
s
Jason Christensen, P.E.
Project Manager
4401 West Gate Blvd., Ste. 400
Austin,Texas 78745
Telephone Number(512) 912-5109
Fax Number(512)912-5158
Email Address jason.christensen@hdrina.com
f'
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.
i
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: ! t
f
(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. i
(
5
t
i
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then c
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
fall force and effect within sixty (60) days of receipt of written notice from City to resume the I
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.
i
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.
i
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.
i
6
i
r
ARTICLE 13
SUPPLEMENTAL CONTRACTS i
1
The terns 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 f
been executed. Additional compensation,if appropriate, shall be identified as provided in Article 4.
z;
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 tinder 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.
I
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, tinder 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
I
I�
4
i
1
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 shalt 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 tinder 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 i
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities tinder this Contract.
8
I
's
i
t
F
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
x
City, or any authorized representatives of it, shall have the right at all reasonable times to review j z
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
k
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's connnents on Engineer's preliminary reports shall be addressed in any
final report.
i
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.
F:
ARTICLE 20
is
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing,of both parties.
i f
(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. x
T
(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 i x
not less than thirty(30)days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
i
Should City terminate this Contract as herein provided, no fees other than fees due and payable f
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
I �:
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 I
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, perfored 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
i
i
10
i
i
R
i
I �
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.
f'
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 workproduct 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) Nan-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 frill 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, to the purchase or sale of any product, materials or equipment that will be j
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE I
(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 '
ti
i.
11
k
i
k
f.
i
i
I
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 Insln-ance. Without Iimiting 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). j
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 fiiture 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
1
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.
4
12
t
i
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
a
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 f:
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
i
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:
I
City, :
City of Round Rock
Attention: City Manager !`
221 East Main Street
Round Rock,TX 78664 {
13 _'
i
and to:
Stephan L. Sheets
City Attorney
309 East Main Sheet
Round Rock,TX 78664
Engineer•:
Jason Christensen, P.E.
Project Manager
4401 West Gate Blvd., Ste. 400
Austin,Texas 78745
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 frilly
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 flunished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
raider 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
i
t
i
1
E
(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 f irnished 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. I
(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 i
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 firll 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. s
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its duty authorized City Manager or Mayor, as has Engineer, signing by and through I
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and fill performance of the terms and provisions hereof.
1
CITY OM; ROCK, TEXAS APR VED AS T rORM:
By:
Alan McGraw,Mayor Stepha L. Sheets, City A orney
!E
I
t
ATTEST:
B
Sara L. White, City Clerk
HDR ENGINE ING, INC.
By:
n ture o r l
ri ed e:
4
15 j
I
I(
LIST OF EXHIBITS ATTACHED
(I)Exhibit A City Services
(2) Exhibit B Engineering Services °'
(3)Exhibit C Work Schedule
f
I
(4)Exhibit D Fee Schedule
r:
(5)Exhibit E Certificates of Insurance
e
t
I
I
I
I
I
i
I
1
1
I
I
s
i
i
i
16
I
i
i
EXHIBIT A 3
I
City Services
i
The City of Round Rock shall fiu•nish to the Engineer the following items, information, and
assistance:
1. Provide copies/files of any existing aerial mapping, boundary and topographic survey data
and easement documents for the proposed 1.25 million gallon (MG) Reuse Elevated
4
Storage Tank(EST)site.
2. Provide any relevant preliminary design information related to the EST, such as WaterCad
3
hydraulic model data.
3. Provide as-built or construction drawings of any existing utilities in the project area and
locate existing utilities as requested by Engineer.
4. Provide design and/or engineer contact information for Phase IV-A reuse water line, to
which this project connects.
5. Assist Engineer in visiting the proposed tank site as needed to finalize site layout.
6. Provide timely review of construction drawings, technical specifications, and contract
documents.
7. Provide assistance for coordination with private property owners as necessary.
f
i
I
1
E
EXHIBIT B
Engineering Services
DESIGN PHASE
Task 1
i
• Establish the scope and advise the City of geotechnical investigations or any special testing
that, in the opinion of the Engineer, are required for the proper execution of the Project. A
scope of work, fee, and performance schedule for geotechnical field and laboratory services
has been developed and the work will be completed by Raba Kistner Consultants, Inc. under
a subconsultant agreement with the Engineer. I-IDR's geotechnical engineer will evaluate the
field and lab data and prepare a geotechnical engineering report to characterize sub-surface
conditions at the site for prospective bidders and provide recommendations for design and
construction of the proposed 1.25 MG EST.
Task 2
• Prepare contract Drawings (up to 33 drawing sheets) for construction of the 16-inch Reuse
Water Transmission Main, 1.25 MG EST and 3.0 MGD High Service Pump at the existing
Reuse Water Treatment Facilities, as authorized by the City. HDR will ftirnish the drawings
for review and approval by City; revise the drawings in accordance with comments and
instructions from the City, as appropriate; and submit final copies of the drawings to the City
after receipt of the City's comments and instructions.
• The City has already obtained boundary/easement survey for the 16-inch Reuse Water
Transmission Main and EST site as performed by Inland Geodetics. The Avery Centre
Developer has obtained topographic survey of the water line and tank sites. The Engineer
will use this existing survey information for design drawings. The construction drawings
developed under this contract will be tied to the City of Round Rock's Horizontal and
Vertical Control Network.
Task 3
• Prepare contract Specifications for construction of the 16-inch Reuse Water Transmission
Main, 1.25 MG EST and 3.0 MGD High Service Pump at the existing Reuse Water
Treatment Facilities, as authorized by the City. The specifications will be prepared in
conformance with the sixteen-division format of the Construction Specification Institute and
will be based upon Engineer's master specifications. The General Conditions and other
Division 0 Contracts and Conditions documents will be the City's standard documents with
the revisions previously suggested by the Engineer and approved by the City. HDR will
furnish the specifications for review and approval by City, its legal counsel and other
advisors; revise the specifications in accordance with comments and instructions from the
City, as appropriate; and submit final copies of the Project Manual to the City after receipt of
the City's comments and instructions.
i
3 �
i
a
Task 4
Furnish to the City, where required by the circumstances of the assignment, the engineering
data necessary for applications for routine permits by local, state and federal authorities (as I
distinguished from detailed applications and supporting documents for government grants-in- i
aid, state loan programs, planning advances or to meet the requirements of the special
programs of the federal government). The Engineer shall also assist the City in obtaining
approval of the aforementioned routine permit applications from local, state, and federal
authorities.
• Submit contract drawings and specifications to the local and state agencies for approval
(TCEQ plan review).
• EstabIish the Engineer's opinion of probable construction cost for the project and advise the
City in writing of any changes to this cost prior to advertising the project.
Task 5
• Attend one kick-off meeting with the City to outline the requirements of the project.
• Attend rip to five periodic meetings with the City to present and discuss project progress.
Engineer will provide copies of review drawings (half sized prints), specifications and other
design materials for progress meetings as necessary.
• Coordinate and consult with Welding and Coating Inspection subconsultant.
• Provide project administration (correspondence, documentation, accounting, etc.) for
anticipated five month design phase duration.
• Conduct internal quality assurance monitoring for anticipated five month design phase
duration.
Excluded Services:
a. Additional field surveys as needed to collect information, which in the opinion of
the Engineer, is required for design of the Project. If a need for additional
surveying is identified, Engineer will notify City to receive approval for obtaining
additional survey data.
b. Engineering design services related to expansion of effluent filtration, transfer !
pumping and disinfection at the existing Reuse Water Treatment Facilities.
E
I
r
i
2
• I
4
BIDDING PHASE
Task 6 s
!
• Assist City in advertising for and obtaining bids or proposals for the work and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents have been
issued,and receive and process deposits for Bidding Documents.
i
0
• Respond to bidder questions. This proposal is based on eight Project Manager hours, two
Senior Engineer hours, 12 Project Engineer hours, two Senior Geotech hours and eight
Clerical hours for this subtask.
• Attend one pre-bid conference.
• Issue one addendum as appropriate to interpret,clarify or change the Bidding Documents.
• Attend and conduct one bid opening and prepare bid tabulation sheets.
• Evaluate bids or proposals and prepare letter recommending award of contract to the lowest
qualified bidder.
• Assist the City in assembling and awarding construction contracts for the work.
• Provide project administration (correspondence, documentation, accounting, etc.) for
anticipated one month bidding phase duration.
• Provide up to 20 sets of printed bid documents for bidder review.
CONSTRUCTION PHASE
Task 7
• Consult with and advise City as set forth herein and as provided in the General Conditions
and Supplementary General Conditions of the Contract for Construction included in the
Contract Documents for the project.
• Attend one pre-construction conference prior to commencement of the work.
c
• Prepare up to five sets of printed conformed Contract Documents.
• Make up to 17 periodic visits to the site to observe the progress and quality of the executed
work and to determine in general if the work is proceeding in accordance with the Contract
Documents. Site visits will include attending and conducting monthly progress/coordination
meetings with the City, Contractor and others, including review of the project schedule.
3
l
}
I �
i
i
• Issue up to 20 clarifications and interpretations of the contract documents in the form of
Requests for Information and Field Orders as appropriate to the orderly completion of
Contractor's work.
• Review and respond to up to 70 submittals from the Contractor. Determine the acceptability
of schedules that the Contractor is required to submit to the Engineer, including the progress
schedule, schedule of submittals, and schedule of values. Review and approve or take other
appropriate action in respect to samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of materials and equipment, and other data which Contractor is required to I
submit. Evaluate and determine the acceptability of substitute materials and equipment
proposed by Contractor. Receive,review, and transmit to the City maintenance and operating
instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required
by the contract documents. j
• Recommend change orders and work change directives to the City, as appropriate, and prepare
change orders and work change directives to Contractor as required.
i
• Provide project administration (correspondence, documentation, accounting, etc.) for
anticipated 17 month construction phase duration.
i
• Review up to 18 applications for payment and accompanying supporting documentation from
Contractor, and recommend appropriate payment to Contractor.
• Require such special inspections or tests of Contractor's work as deemed reasonably necessary,
and receive and review all certificates of inspections, tests, and approvals required; render
formal written decisions on all duly submitted issues relating to the acceptability of Contractor's
work or the interpretation of the requirements of the Contract Documents pertaining to the
execution,performance,or progress of Contractor's work.
3
• Conduct, in company with the City, two inspections, preliminary and final, of the Project for
assessing conformance with the design concept and compliance with the Contract
Documents, determining the substantial completion date for the Project, and recommending
final payment to the contractor in writing.
• Conduct one site visit to assist City staff during start-up of the project.
• Assist the City with close-out of the construction contract.
• Review and compile as-recorded drawings as received from the Contractor, and produce up
to five sets of printed as-recorded drawings for the City in order to reflect actual construction.
i
E
i
4 I
i
i
i
I
I
I
WELDING AND COATING INSPECTION
Welding and coating inspection will be provided by HOT Inspection Services and will include
s
the following scope of work.
PRE-CONSTRUCTION PHASE
1. Attend a preliminary conference with the Owner/Engineer regarding the project to discuss
the tank design features that may be required.
2. Technical Specification consulting of tank construction and coating application.
3. Make final review of the coating and tank construction specifications prior to sending f
documents out for bidding.
i
4. Attend the pre-bid and pre-construction meeting. i
3
i
CONSTRUCTION PHASE
i
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the progress
and quality of the executed work in accordance with the Contract Documents. In performing
these services, reasonable measures will be taken to protect the Owner/Engineer against
defects and deficiencies in the work of the Contractor. Responsibility for the actual j
supervision of construction operations or for the safety measures that the contractor takes or
should take cannot be guaranteed.
2. HOT proposes to provide an AWS Certified Welding Inspector and NACE Certified Coating
Inspector on the referenced project for the City of Round Rock and HDR Engineering. The
objective of this project is to provide quality assurance surveillance of the erection, welding,
sandblasting, and painting during the constriction of the referenced water tank. Inspection
and testing visits will be strategic and at the discretion of the Owner/Engineer. The services
to be provided will include the following:
i
I
Welding Fabrication and Erection Inspection
• Review tank project drawings to provide comments and recommendations.
• Review welder qualification records, welding procedures, and mill test reports before any
welding commences.
• Verify proper welding electrodes and electrode storage to be used on project.
• Conduct inspections on shop fabricated components.
Conduct inspection of tank erection practices and fit-up.
• Conduct Certified Welding Inspection per AWWA D100 during construction.
• Approve Radiographic Testing as per AWWA D100 Section 14.
• Witness leak testing of floor welds and penetrations. r
5
1
s
E
3. The inspection methods to be implemented for the above inspection will consist of Visual
Testing. All inspections will verify compliance with the Contract Specifications. An AWS
Certified Welding Inspector and NDE Level III will conduct all welding inspections.
4. Shop fabricated items will be inspected on site as they arrive unless the owner requests a
shop visit. The fabrication and weld quality will be inspected for compliance to AWWA j
D100-96. If the owner requires a shop inspection, it shall consist of a visual inspection of the
fabricating practices and operations to determine compliance with the AWWA Standard. All j
travel and labor expenses will be charged as additional expenses.
i
5. Sandblasting and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre-surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
• Evaluating cleanliness between coats.
• Witness contractor conduct holiday testing of the inside coating system.
Evaluate cure.
• Prepare a final inspection report to engineer and owner.
6. The inspection methods to be implemented for the sandblasting and coating inspections will
consist of visual inspections, mil gauging, holiday testing, profile gauging, and atmospheric
measuring. All inspections will verify compliance with the AWWA D102-97 and contract
specifications. The measurement of air temperature, surface temperature, humidity, dew
point, coating thickness and holiday detection will be recorded in an inspector's logbook.
The equipment to obtain such measurements will be supplied by HOT.
7. WORK EXCLUDED: Work required for safely accessing the tank is not included in the
cost of this project. It will be the contractor`s responsibility for providing safe access to all
areas of the tank for inspection and testing during the construction. OSHA approved staging
will be necessary for the complete access of the tank.
8. The cost for the above mentioned services is based on a$100.00 per hour fee and is estimated
as listed above for each phase of the project. If re-inspections are necessary due to contractor
performance deficiencies and non-conformanceissues during the construction phase, the
additional time will be documented and billed at the rate above.
6
Exhibit C
Work Schedule
2012 2013 2014
TASKS JIJ AIS7 O N D JIFIM AI MI JIJIAISIO N D JIFIMIA M J I J AISI01NID
Notice to Proceed-July 26,2012 Council Date I X
Engineering Design
Geotechnical Investigation 1
Additional Surveying(f needed) I 1
60%Drawings&Specifications-September 14,2012
City Review(5 days)-September 21,1012 I X I I
900/6 Drawings&Specifications-October 29,2012 I
City Completes Review(5 days)-November 5,2012 X
100%Drawings&Specifications-November 28,2012 I
City Approves and Signs 100%Drawings-December 4,2012 X
Advertise for Bids-December 6,2012(initial) I
Prebid Meeting-December 20,2012
Bid Project-January 7,2013 I X
HDR Award Recommendation Deadline-January 11,2013
Council Award of Construction Contract-January 24,2013 X f
Preconstruction Meeting and NTP-January 31,2013 _
Construction
Substantial Completion-May 2014 I I
Final Completion-June 2014 I I
Project Closeout and As-Buik Drawings
Exhibit D
Fee Schedule
Total Total Other
TOTALS
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultant
s;
Design
Task 1: Geotechnical Investigation 44 $7,180.00 $0.00 $0.00 $7,180.00
Geotechnical Subconsultant 0 $0.00 $0.00 $4,200.00 $4,200.00
Task 2: Drawings 535 $76,142.00 $2,230.00 $0.00 $78,372.00
Task 3: Specifications 357 $46,362.00 $0.00 $0.00 $46,362.00
Welding and Coatings Subconsultant 0 $3,200.00 $3,200.00
Task 4: Miscellaneous 48 $5,988.00 $0.00 $0.00 $5,988.00
Task 5: Project Management 156 $22,232.00 $0.00 $0.00 $22,232.00
Bidding
Task 6: Bidding Assistance 176 $22,760.00 $3,470.00 $0.00 $26,230.00
Construction
Task 7: Construction Administration 988 $132,040.00 $7,619.00 $0.00 $139,659.00
Welding and Coatings Subconsultant 0 $0.00 $0.00 $36,400.00 $36,400.00
GRAND TOTAL: 2304 $312,704.00 $13,319.00 $43,800.00 $369,823.00
f-
�I!
P
3
s'r
s
EXHIBIT E
}
Certificates of Insurance
Attached Behind This Page
f
f
Y
3,
2
3�5
f
{
Y
{
Y
f:
k'
{
i
s
p
}
I
@6
i
r
AC" CERTIFICATE OF LIABILITY INSURANCE44.� .&M.W3 D6/12/2012�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS k'
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES i
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
I k
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies,LLC-1 Kansas City
IINSURER
444 W.47th Street,Suite 90D NE AXX No:
Kansas City 64112-1906(816)960 9000 INSURERS AFFORDING COVERAGE NAICs
A:Hartford Fire Insurance Company 19682 i
INSURED INSURER B:St.Paul Fire and Marine Insurance Company HDRENGINEERING,INC.
1013472 E
ATTN:LOUIS J.PACHMAN INsuRER c:Sentinel Insurance Company,Ltd. 11000 i
8404 INDIAN HILLS DRIVE INsuRERD:Zurich American Insurance Company 16535
OMAHA,NE 681144049 INSURER E:
INSURERF:
COVERAGES HDRIN01 SA CERTIFICATE NUMBER: 11853755 REVISION NUMBER: 7UIXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD 3
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. j
INBR SUOR POLJCYEFF POLICYEXP LIMITS !
LTR TYPE OF INSURANCE POLICY NUMBER MIO MID
A GENERAL LIABILITY N N 37CSEQUO950 6/1/2012 6/1/2013 EACH OCCURRENCE
DAMAGE TO RENTED
X MMERCIALGENFILITY PREMISES Eaooamanee S 1,000,000
i
CLNMS-MADE WOCCUR MEG EXP lAmr one person) $ 10-000
X Contractual Liab. PERSONAL&ADV"m' S 11000,000
GENERAL AGGREGATE S 1000,000
i
GM AGGREGATE LIMIT APPLIES PER- PRODUCTS-compiopAGO s 2000.000
POLICY X PRO X LOC $
A AuroMoslLE LIABILITY N N 37CS>QU0951(AOS) 611/2012 6/1/20131000.000
37CSB(Q2U0952(Fll1) 6/(/2012 6/1/2013 (Ese°�°nt S
A ANY AUTO 37MCP U1t60(&II 611/2012 6/1/2013 BODILY INJURY(Per pew) S
ALL"EDN BOD YINJURYIPereoddant f
X
HIRED AUTOS X AUTAUTOS AUTOS
OS NED PROPERTY DAMAGE S XXXXXXX
s XXXXXXX
i
B X UMBRELLA LLAB X OCCUR N N ZUP-IOR64084-12-NF 611/2012 61(/2013 EACH OCCURRENCE $ 1,000,000
EXCESS L1A8 MADE (EXCLUDES PROF.LIAB) AGGREGATE $ -
DED I X I RETENTIONS $0 5 xxxxxxx
C WORKERS COMPENSATION Y!6/ N 91WEOIII000 7/1/2012 7/1/2013 X TORY MIT ER
AHD EMPLOYERS'LIABILITY
ANYPROPRIETORMARTNERIEXECUTWE NIA EL FACHACCIOENr S 1,000,000OFFICENMEMBER EXCLUDED? EL DISEASE-Fa EMPLOYE S 000.000
(Mandatory In HH) 1
If dasai0eMI E.L.DISEASE-POLICYLUdR S
R OFOPERARQN beiow
D ARCHS&ENCS N N EOC926002"5 6/1/2012 6/1/1013 PER CLAIM;$1,000,000.AGG:
PROFESSIONAL $1,000,000.
LIABILITY
DESCRIPTION OF OPERATIONS ILOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mom spaulsrequired)
RE:DESIGN,BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR CITY OF ROUND ROCK PROJECT TITLED REUSE WATER
TRANSMISSION MAIN:PHASH IV-B
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
11853755 AUTHORIZED REPRESENTATIVE
LO r0d
CITY OF ROUND ROCK
ATTN:CITY MANAGER
221 E.MAIN STREET j
ROUND ROCK TX 78664
i
ACORD 25(2010/05) The ACORD name and logo aro registered marks of ACORD 1988-2010 WID CORPORATION.All rights reserve l
i
I
I