R-2019-0375 - 9/12/2019 RESOLUTION NO. R-2019-0375
WHEREAS, the City of Round Rock desires to retain engineering services for the 2020 Water
Masterplan Update Project,and
WHEREAS, CDM Smith Inc. has submitted a Contract for Engineering Services to provide said
services, and
WHEREAS, the City Council desires to enter into said contract with CDM Smith 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 CDM Smith Inc. for the 2020 Water Masterplan Update Project, a copy
of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of September, 2019.
CRAIG OR A , Mayor
City of koundrock, Texas
ATTEST:
-
<R01-
SARA L. WHITE, City Clerk
0112.1902;00430786
EXHIBIT
"A"
ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CDM SMITH INC. ("Enghwet-11)
ADDRESS: 9430 Research Boulevat-d, Suite 1-200,Austin, TX 78759
PROJECT: 2020 Water Masterplan Update
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR. ENGrNEER'-[NG SERVICES ("Contract") is made and entered into on
this the clay of. , 2019 by and between the CITY OF ROUND ROCK, a Texas home-
WIC Municipal. corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (herei.iiafler referred to as "City"), and Engineer, and such Contract is for the pulpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Prot-essi.onal 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 set-vices; and
WHEREAS, City and Engineer wish to doctiment their agreement concerning the reqUil-0111CIAS
and respective obligations oNhe parties;
NOW, THEREFORE, WITNESSETH:
'fiat fior and in consideration of the n-iutual proinises contained lierein. and other good and
id aaments hereinafter contained to be Kept and
valuable considerations and. the covenants at 0ree
performed by the respective parties hereto, it is agreed as follows.
Time and.IV[atet'ials.E.tiLyii.icei-.iii.g Services C0jjtj-,,jct Rev.08/19
0199,19,16;00429843 00296523
F
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 arc subsequently issued. These form the entire contract, and.all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1.
CITE'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 I3 entitled `'Engineering
Services."
Engineer shall perforin 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 tinder 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 Set-vices. 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. Therein in
accordance with the above described Work Schedule, If Engineer does not perforthh. the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth.below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/It determines, or reasonably
anticipates, that the Engineering.Services will not be completed in accordance with.the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all ti.ecessaty 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 frilly and timely
accomplish all Engineering Services requiredunder this Conti-act in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed.as provided in Article 7,
ARTICLE 4
COINIPENSATION
City shall. pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed-under this Contract.
Engineer shall be paid on the 'basis of actual. hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D,
Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subconsultant. Payment of nionies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided. herein, is. the suili of Three Hundred Seven -Four Thousand Five Hundred Forty-Five and
No/100 Dollars
($374,545.00). Engineer shall prepare and submit to City monthly progress reports in
sufficient detail to support the progress of the work and to support invoices requesting monthly payment.
Any preferred format of City for such monthly progress reports shall be identified. in Exhibit 13 entitled
"Engineering Services", Satisfactory progress of work shall be an.absolute condition of payment.
The maximum amount payable herein may be adjusted. for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
TMETHOD OF PAYMENT
Payments to Engineer shall be made while.Engineering Services are in progress. Engineer shall
prepare and submit to City, not more f1equently than once per month, a.progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Set-vices
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 certifited 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 payrrient does not relieve
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Engineer of the responsibility of correcting any errors and/or omissions resultiner from his/her/its
negligence.
ARTICLE f
PR.OMPI"PAY LENT POLICY
In accordance with Chapter 2251, WF.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the clay ora which the performance of services was complete, or
within thirty (30) days of the day oil 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 pay.nient policy; however, this policy does not
apply i.r:r the event:
A., There is a bona fide dispute betuveen City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
i ate; or
B. The terms of a federal contract, grant, regulation, or statute prevent City frorn malting a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer arid. a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equi.pinent 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 ally, 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 lion-disputed invoices shall be considered correct and payable per
tf:re 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 R 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 l:�:ngineer related to any tasic for which a Notice to Proceed has not been issued.
ARTICLE H
PROJECTTEAM
City's Dcsignated Representative for purposes of this Contract is as follows:
Christopher"Kit" Perkins, P.E.
Project Manager
2008 Enterprise Drive
Round Rock, 'rX 78664
Telephone Number(512) 341-3145
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k
Mobile Nu tuber(512) 676-9047
Fax Number(512) 218-5563
Email Address€aperkinstLroundroc:ktexasol
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:
Allen D. 'Woelke
Vice President
9430:Research.Boulevard, Suite 1-200
.Austin,TX 78759
Telephone Number(512) 346.11.00
Fax Number(512) 345-1483
Email .Address,Woe]keAD�Zi?cdnismith.c1oni.
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 dries 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 theWork Schedule; goals sooner
than.anticipated.
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ARTICLE 1.0
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) caleiidar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived. in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
frill force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such. sixty-day notice may be waived in writing by agreement and signature of
both parties, If this Contract is suspended for more than thirty(30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined .in Article 3, and
the Work Schedule,shall be extended for a time period equal to thesuspension 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 completio.ii date.
ARTICLE I1
ADDITIONAL ENGINEERING SERVICES
1f Engineer fors a reasonable opinion that any work he/she/it has been directed to pei-for-m is
beyond the scope of this Contract and as such constitutes extra work, he/she/it small promptly notify
City in writing. In. the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between. the parties as provided in Article 13. Engineer shall not perform any proposed
additional work. nor incur- any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
,Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES.
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which itivolve changes to the original Engineering Services or character of
Engineering Services under this Contract, their 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
die for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The -terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in. (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Set-vices. Any such Supplemental Contract
must be duly authorized by the City, Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and.agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until -the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed..
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall. be the property of City to be thereafter used in any lawful inanner as City elects.
Notwithstanding any other provision of this Contract to the contrary, Engineer shall retain its rights in its
pre-existin.9 standard drawing details, designs, specifications, databases, computer software, proprietary
information, documents, templates, and any other property owned by Engineer on. the date of this
Contract or developed outside of this Contract.
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 hold harmless Engineer from all
claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be
evidenced on the plans and be signed and scaled by a licensed professional prior to re-use of modified
plans.
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 aniended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Conti-act. Copies may be retained by Engineer. Engineer shall be liable to City for atiy loss of-
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, einployees, Engineers or subcontractors.
.All documents so lost or datuagcd shall be-replaced or restored by Enineer without cost to City.
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Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents 4"or puiposes of constructing, using and maintaining the Project,provided that City
shall comply with its obligations, including prompt-,payment of all suins when due, under this Contract.
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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,
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 En.gi:rieer providing to City any Instruments of Service in electronic -form or Cite
.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 hardeopy 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 1.5
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 thein 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
inmiediately be removed from association with theproject when. so instructed by City. Engineer
certifies that it presently has adequate qualified. personnel in. its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel. from sources other
than City. may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portionof 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 for a, in writing, by City prior to Engineering
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Services being performed under the subcontract. No subcontract shall relieve Engitleer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized.representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
.premises on which it is being performed, If any review or evaluation is made on the premises of
Engineer or a. subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other.representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
.All applicable study reports shall be submitted in preliminary form for approval by City before
any final. report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
ficial report.
ARTICLE 19
VIOLATION OF CONTRACT TERIMS/BREACH OF CONTRACT
Violation of contract terms or breach ofcontract 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
perforin the Engineering Services set forth herein in a satisfactory manner,
(3) :By either party, Upon the failure of the offier 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 completiol`i of all.EngMeering Services and obligations describecl lierein.
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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
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 -.sable to City, the reasonable and necessary 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 fi>.lfill his/her/its contractual obligations, then City may tyke
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 iii. support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) +Com.pliance. 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, minlm:um/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its coirrpliance.
Engineer shall :fZirther obtain all permits and licenses required in the perlorniance 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 Seivices performed. hereunder. City is quali.-lied for exemption pursuant to the provisions
of Section 151,309 of the Texas Lirxrited Sales,.Excise, and Use Tax Act.
(3) As required by Chapter 2270, Glovernment Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel. through the term of this Agreement. For purposes of this
verification, "boycott .Israel" means refusing to deal with, terminating business activities with, or
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otherwise taking any action that is intended to penalize, inflict economic haim on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled 1:erritory, but does not include an action made for ordinary business purposes.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that
the damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent,
or another entity over which Engineer exercises control, 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 to the extent resulting from. 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 fiozn errors; onlissi.ons
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-C'01,LUSION,FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/slle/it leas not employed or retained any company
or persons, other than a bona fide employee working solely fo.r En.giileer, 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 sale election, to 3
deduct from the contract price or compensation., or to otherwise recover, the full amount of such fee,
cornmissioir,.percentage, brokerage fee, gift or contingent fee.
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(2) Financial Ititerest Prohibited, Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, coii.sultants and subcontractors will have no finaricial iintcrest,
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.
A��R[1T�fTICLE 26
(l) Insurance. Engineer, at Engin.cer's sole cost, shall. purchase an.d maintain during the entire
term while this Contract is in effect professional liability insurance cover-age in the minimum amount of
One Million Dollars per clairn froiiri a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of
any notices of expiration, cancellation, non-reinewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting airy 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 ininimum
insurance required i.n .Article 26, Section (1) above, includirig 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 enforcii:ig these i[isiir-atnce
requirements among its subco.nsultants. 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal in coverage, a.nd.such notice thereof shall be given to City by certified mail. to:
C.;ity Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Sell-Insured Retentions of
whatever nature,
(4) Cast of.Insurance. The cost of all insurance requiredherein to be secured and niaintai lied
by Engineer shall be borne solely by Engineer, with certificates of insurance; evidencing such mi.:nlniiiril
coverage iii force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E lierciri
entitled "Certificates of Insurance,"
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ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS .AND ASSIGNS
This 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 Conti-act, ill 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, Cheri such invalidity, illegality or
uneriforceability 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 nlay only be aniend.ed or supplemented by mutual agreer-nent of the pal-ties hereto
in writing.
ARTICLE 31.
ENGINEER'SACCOUNTING RECORDS
Records pertaining to [lie project, and records of accounts between City and. Engineer, shall. be
kept on a generally recogiiized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. 'flare City reserves the right to review all records it deems
relevant which arc related to this Contract.
ARTICLE 32
NoTiCES
All notices to either party by the other required under this Contract shall be personally delivered
or marled to such party at the following respective addresses;
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City:
City of Round Rock
Attention.: City Manager
22.1. East Main Street
Round Rock,TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
X
Round Rock,T 78664
Enaineer:
tn
Allen D. Woelke
Vice President
9430 Research Boulevard, Suite 1-200
Austin,TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is, of the Essence. The Services shall be performed expeditiously as is prudent
considering the ordinary professional. skill and care of a competent engineer. 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 with-in the agreed Work Schedule may constitute a material breach of
this Contract. Engineer shall be ftilly 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
perfomiance 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. Any determination to withhold or
set off shall be made in good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from, performing any of their obligations hereundcr 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
14
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 iii-plied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of informa.tlon available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(b) Opinions and Determinations. Where the terms of this Contract provide for action to be -
based upon opinion,judgment, approval., review, or determination of either party.hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination.to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which lie/she has executed this Contract and. that he/she has Full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed.in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives -tor the faithful and full performance of the terms and provisions hereof.
[signature page follows]
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CITY OF ROUND ROCK, rTEXAS APPROVED AS TO FORM:
By:
Craig Morgan, Mayor Stephan L. Shects, City Attorney
A,r L:lS 's
13y: _.__.-..
Sara L. White,City Clerk
C.D.vt SMS TIJ ZINC;' r
By:
Signature of Priv i I .toh
Printed Na-.11e: � � �-
1.6
LIST OF EXHIBITS ATTACHED
(i) 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
a
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EXHIBIT A
City Services
The City of Pound Rock will furnish to the Engineer the following items/information,
• Designate a person to act as City's representative with respect to the services to be performed
or Furnished by the Engineer. This representation will have authority to transmit instructions,
receive information, interpret and define City's policies and decisions with respect to
engineering services.
Provide all criteria and full information as to City's requirements for the Task, including as-builts,
and any other information necessary.
* Assist Engineer by placing all available information pertinent to the Task, including previous
reports and any other data relative to the ultimate project if available to the City and necessary
for the Engineer to complete the task.
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EXHIBIT
Engineering Services
Engineering Services tobeprovided:
Task 1: Meetings and Project Management
Several meetings are required to ensure the project is satisfying the project objectives
and OWNER expectations. Meetings anticipated include the following:
� MeedngIa—Pr ject Initiation: In-person meeting with OWNER and ENGINEER project
staff. Duration ofapproximately four(4) hours to review scope and gather information. /
This meeting should also include time for a kick off meeting with the Wastewater master
plan engineer and the impact fee consultant.
• Meeting lb—Water SCADA/Ca I ib ration Discussion and Observation: In-person meeting
with OVVNER's operators and ENGINEER water modelers and |(ey project staff to discuss
and observe operations for the purpose of developing improved operational rules in the
model.To occur immediately after the project initiation meeting and may continue to the
following day. Allow for a total of four/4\ hours.
m Meeting 2—Water Demands Review: Phone meeting with OWNER and ENGINEER key
project staff to discuss oornrnen1s regarding the draft memorandum. Duration of
approximately two /2\ hours'
m Meeting—Discussion of Operational Water Model Results: Phone meeting with OWNER
and ENGINEER water modelers and key project stafftodiscusstheresu|tsoftheexisting
conditions operational model run to determine if additional calibration is needed'
Duration ofapproximately two /2\ hours. '
kv Meeting 4— lD'YearCapital Improvements Plan (C|P) Discussion: In-person meeting with �
OWNER, OVVNER's wastewater master plan consultant, OVVNER's impact fee consultant,
and ENGINEER project stafftodiscusstheprcjectsproposedforthevvaterand
wastewater C/Ps and impact fee development requirements. Duration of approximately
four(4) hours.
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Meeting 5—OVVNER Presentation: In-person meeting to present the master plan to
OWNER and other relevant parties as needed. Adraft presentation will first be presented
to OWNER over the phone. Duration of approximately two (2) hours for the draft
presentation and two (2) hours for the final presentation.
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Additional Meetings: Other meetings where ENGINEER needs to be present includes one
/1\ City Council Meeting, and Lip to four /4\ Impact Fee Committee Meetings.
The project management portion of this task involves the day-to-day ENGINEER
administrative, technical, and financial management of the project activities to ensure
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that the project budget, schedule, scope, and quality objectives are met.This effort
includes coordinating meetings, management of staff and quality milestones, and
preparation of monthly invoices and progress reports.
Delivei,ables:
■ Meeting agendas/minutes/action items
Task 2: Data Collection
Data from OWNER and online sources will need to be collected including GIS, water
billing, water production, SCADA, existing and future land use, development, and
population/water service connection growth data. A brief memorandum will be produced
that outlines the data needs. ENGINEER will review the data and follow-up with OWNER
regarding our understanding of the data or any missing data. This task also includes
appropriate organization of the data and developing necessary databases.
Deliverables:
■ Data request spreadsheet/memorandum
Task 3: Water Demand Updates
OWNER'S wastewater consultant will take the lead for developing population and land
use development projections. ENGINEER's responsibility will be to combine
existing/updated demand allocations (part of Task 5) with population and land use
projections to develop resulting base water demands for future scenarios. ENGINEER will
additionally review long-range demand projections in the context of changing customer
habits and other factors to estimate the range of future per capita demands that may be
expected, particularly for water supply planning(see Task 4).
ENGINEER will analyze historical water use patterns using statistical methods to explore
and measure the impacts of variables known to influence demand such as weather,
household characteristics, changes in plumbing fixture flow rates, affluence, allowable
outdoor watering schedules, and drought. Using results of the statistical analysis,
ENGINEER will forecast GPCD based on shifts in these variables. Particularly, the analysis
will be used to project GPCD increases based on a repeat of a significant drought event
considering water conservation achievements and outdoor watering restrictions in place
since 2011. ENGINEER will collect weather and demographic data needed to conduct the
analysis and will utilize up to 12 years of OWNER'S historical water use data.
Existing demands for year 2019 will be based on the latest 12 months of complete data
available as of the start of the study, normalized to adjust for average weather. "Fhe City's
production/billing data will be used to determine total demand for 2019. and non-
revenue water(NRW). Water demand will also be projected for future conditions,
specifically 2025, 2030 and 2040, using two service area assumptions:
1. Service within the existing Certificate of Convenience and Necessity(CCN) area
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2. Expanded service beyond the CCN to County load 1.10 in the northeastern portion of
the extra-territorial jurisdiction (ETJ)
Irrigation meter data will be collected as well as water use data from the City's reclaimed
water customers,
Deliverables:
• Base condition existing and future demands (2019, 2025,2030, 2040)
■ Factors that describe demand responses for alternative weather conditions
Task 4: 'later Conservation Impacts
ENGINEER will review aWNER's existing Water Conservation Plan and Drought
Contingency Plan and LIP to 12 years of annual production data, and historical billing data
as available from the billing system and/or previous water master plans. ENGINEER will
consider regional socio-economic issues, regional trends, climate trends and projections,
conservation projections, price of water impacts, state plumbing codes, local ordinances
and other factors to determine a reasonable range of expected per capita water demand
for the future, concentrating on 2040 and 2070. These projections will include a "most
likely" trend line and an anticipated potential range, including a high end that involves
drought scenario planning.
Deliverables:
K Baseline per capita demand projection and expected ranges through 2070
Task : Water Resources/Treatment Supply Projections
ENGINEER will evaluate long-term water demand projection envelopes as defined in Task
3/Task 4 to compare to existing and potential water supply contracts and treatment
capacity. This evaluation is an update to previous evaluations on long-term water demand
and supply. Potential supply sources will include both long-term "permanent" contracts to
meet base demand projections and options for emergency "short-term" supply to meet
potential drought conditions. An updated technical memorandum will be produced and
included as an appendix to the water master plan report,This task will identify water
supply surpluses or shortages but will not include evaluations for addressing shortages
with specific options. Water resources to be considered include the BRA water contracts
in Lake Georgetown and Lake Stillhouse Hollow, Edwards Aquifer Groundwater,
LCRA/BCRUA contracted water and reclaimed water.
Deliverables:
19 Water Resources/Treatment Supply Technical Memorandum
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Task 6a: Standard Water Model Updates �
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ENG/NEER Will update the existing water distribution system hydraulic model, based on
WaterGEMS by Bentley,to reflect Current system conditions.This task includes
oddinp/updatinga|| pipes based on updates tothe GIS data, especially including new
neighborhoods constructed since the last model update.
To update model demands, ENGINEER will geocode billing system custonner points based
on site address and associate each demand point to a single pipe in the model. (]eocoded
points outside of-the service area will he researched and corrected (we may request
OWNER assistance for a small number of accounts).Also, the top 20 accounts on a
consumption basis will he manually checked to verify the assigned location. Each demand
will then be split evenly to the two nodes at the end of the pipe, Demands will be built up
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in an external data into a format that can be directly loaded into tile �
model.This will include allocation of non-revenue water(NRVV), proposed to be
performed based on pipe Volume (larger, longer pipes will receive a proportionately
higher share of NRW) and optionally by increasing/decreasing allocations by pressure zone
or pipe material.The use of database/spreadsheet in lieu of model tools for demand
allocation allows for a documented record ofwhat the demands should be per scenario.
ENGINEER will run the updated model for base conditions (2019 average day and 2019
rnauinnunn day) and produce an operational narrative with summary graphs to describe
model observations. OVVNER's operators will review the narrative and provide feedback as
to how well the model is simulating actual experience. ENGINEER and OWNER will then
determine whether additional data is needed and if additional adjustments need to be
made tothe model. Meeting] in Task 1 covers the discussions between OWNER and
ENGINEER regarding this task.
ENGINEER will use the updated model to produce a near-term conditions model to
combine existing demands with planned OWNER improvements within the next 2-3 years
(projects in construction or under design)to be able to provide more flexibility for �
evaluating proposed developments. ENGINEER will then use demand projections from �
Task 3/4 to set up the future scenarios for the future planning horizons (2025, 2030, /
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2040\. Each scenario will be produced sequentially so that it will start with the demands
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from the previous scenario. Demands will only be updated for average day scenarios.
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Maximum day scenarios will use a factor times average day. This factor will be determined �
aspart ofTask 3.
Irrigation demands will also begeo|ocated using City provided data on location of the irrigation
meters and monthly irrigation water usage. ENGINEER will also coordinate with the City about '
potential other irrigation customers whose needs could be nnet by the reclaimed water system. �
ENGINEER will create a model of the reclaimed water system consisting of-the pump station at
the Brushy Creek VVVVTP, storage facilities and transrn{ssion/d|s1hbudon system piping.
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Defivmrmblem
m Operational Narrative
* Planning Level Model for Future Scenarios �
* Planning Level Model of the Reclaimed Water System
Task 6b: Operational Water Model Updates (Optional)
This task represents an optional task to make the existing model more operational in
nature. Whereas the original model has been used primarily for planning, an operational
model can be used to perform various"what-if" analyses to address potential operational
changes, down tothe individual pipe and valve level. Operational models will also provide
superior performance for evaluating water age and/or disinfectant residual issues, due to !
the finer level of detail applied in the system and to demands and diurnal patterns.
The model will first be updated to incorporate- all system gate valves as provided from GIS
data.These will be inserted into pipes, which will be split, and set either open or closed !
(boundary valves) based on available GIS data, known boundary locations, and/or
operations input. All isolation valves will be set Lip asthrottle control valves in the model.
The model will be checked and refined at each tank and pump station to more accurately
reflect the actual set-up (sizes, valves, connections), and to realign features so they are
represented approximately to scale instead of exaggerated.
ENGINEER Will use input from the operations meeting toimprove model operational rules,
particularly for high demand days. Different operational rules will be applied for average
conditions versus maximum day conditions, as appropriate, and these will be incorporated
into different scenarios for average day and maximum day runs,
The billing data and database developed under Task 6a will additionally be used to classify
custonnersintucertaintypessothatspecificdernandpaLternucanbeappUed, in |ieuof |
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overall S[ADA'based patterns,This will include using available billing system data and/or
customer names to identify medical, school, restaurant, retail, industrial, and other
account types and associate thenn with more representative demand patterns for those
user types. As part ofthis pattern assignment, single family residential accounts will be
grouped into lower Outdoor water users and higher outdoor water users based on their
seasonal consumption patterns. One pattern will reflect the same pattern in average day
and maxinnurn day scenarios and the second will reflect a peakier seasonal pattern for
nnauinnunn day.
All diurnal patterns will reflect 1_68-hour weekly pattern in lieu of 24-hour repeating
pattern, to reflect variances by day of the week. City AMI data dating back to 2018 may be
useful in this regard to establish unique patterns for large customers or representative
patterns in areas of known high irrigation demands.
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Deliverables:
■ Operational Model for All Scenarios
Task 7: Water System Analysis
ENGINEER will apply the updated model to near-term conditions (2019 and 2025)to
evaluate the capability of the existing system to meet projected demands through 2025.
This task will use average day, maximum day (including peak hour) and maximum day plus
fire flow scenarios to identify deficiencies in the existing (and planned) system.
Deficiencies will be defined by points that cannot maintain required pressures under peak
hour(35 psi) and average day conditions (usually 40+ psi), points that have a hydrant but
cannot deliver 1,000 gpm fire flow for single-family residential during maximum day
conditions, or 1,500 gpm for commercial, multifamily, non-single family residential areas
during maximum day conditions. Fire flow evaluation will be at a residual pressure of 20
psi.
ENGINEER will similarly apply the updated model to longer term scenarios (2030 and
2040) using a combination of the existing model with planned improvements and prior
master plan recommendations to develop a plan for the orderly construction of new
facilities as needed to meet future demands.
ENGINEER will also, as part of the above analysis tasks, consider the following "what-if"
alternatives:
■ The ability of the system to supply customers using only Brushy Creek Regional Utility
Authority(13CRUA)water, particularly in the eastern portion of the system as well as the
ability of the system to supply customers using only the Lake Georgetown water,
particularly in the western portion of the system. This analysis will be conducted using
average day demands.
• Evaluate raw water system delivery capacity with one line or the other out of service
■ Use chlorine residual decay data and textbook wall decay factors to determine how much
BCRUA water the City would need to purchase to maintain an adequate chlorine residual
at the Segment 3 meter vault and the 1431 elevated storage tank (EST)
• Master planned project needs for service to the existing CCN boundary or optionally to
County Road 110 in the northeastern portion of the ETJ
In With OWNER provided data on cost of water produced, ENGINEER will evaluate the
system that provides the most efficient use of water supplies within the constraints of
minimum and maximum supply capabilities and the ability to move-the water from source
to demand points.
ENGINEER will evaluate the ability of the reclaimed water system facilities to meet the existing
and any proposed irrigation water demands.
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Defivemmblea:
w Near-terrn and Long-term Recommended Water System Transmission Projects
m Near-terrn and Long-term Recommended Reclaimed Water System Improvement Projects
Task 8: Evaluate Supply, Storage and Pumping Needs
ENGINEER will apply the demand projections developed by pressure zone and compare
demands toTCEC\requirements to determine long-term supply, storage and pumping
needs per pressure zone.This evaluation will include a determination ofwhether the City
can meet TCE{}requirements based on potential decomnmniss/oningofBowman/McNeil
and Stone Oak tanks.
Deliverables:
a Near-term and Long-term Recommended Water System Projects
Task 9: CT Study
ENGINEER will update the most recent CT study(2009) for the Lake Georgetown Water
Treatment Plant based on the additional dearvve|| capacity added to the treatment
systern. ENGINEER will prepare a draft for review by OWNER and with OWNER approval,
submit the updated [T study to TCE[\for review and approval.
Deliverables:
K Updated [TStudy
Task 10: Develop Capital Improvement Plan (CXP) �
ENGINEER will evaluate relative timing and severity of system deficiencies identified in �
Tasks 7, 0 and 9 to identify and prioritize projects for implementation. Recommended �
projects will be grouped into immediate action (next 2-3 years), near-tern /2025-2030\ i
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and long-term (2030'2040) planning horizons. �
To support [|P planning, ENGINEER will develop opinions of probable construction costs �
for each recommended project, in Year 2020 dollars including engineering and !
contingencies.To support ENGINEER, OWNER will provide construction cost information
frorn recent projects that ENGINEER can rely on when preparing the C|P cost information.
ENGINEER will also produce large scale citywide maps showing proposed projects and
recommended in-service clatey, After development ofthe dnaftC|P, ENGINEER will meet
with OWNER to discuss the draft including project timing, phasing and costs, and will .
update the C|P as necessary based on meeting outcomes. /
ENGINEER will develop a 10-year CIP for the reclaimed water systern in a format similar to the treated
water system C|P.
ENGINEER will nneet with impact fee consu|LanLto discuss the costs and capacity of
proposed projects for the immediate act/on and near-term horizons (i.e. 2020-2030\.
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0efivermbles:
N Draft and Final OPOocument(including maps)
Task 11: Water Master Plan Document
ENGINEER will combine previous tasks and work products into an overarching Water
Master Plan document that will provide system recommendations (treatment, pumping,
storage, transmission)through 2040 and water supply recommendations through 2070. A
draft master plan document will be produced for OWNER review and approval, One paper
copy of the draft and a digital version in PDF format will be provided. Five bound copies of
the final master plan document will be produced, and a digital version will be provided in
PDF format. ENGINEER will provide up to three framed copies of the water master plan
map Suitable for mounting onOVVNER'soffice walls.
Deyverables:
m Draft and Final Water Master Man Reports
• Wall Maps(3)
Task 12: Ad Hoc Services
ENGINEER will provide ad hoc services, anticipated to be primarily modeling efforts, for a
period of up to five years past the end of the water master plan to evaluate additional
deve/opnnentsand/orother °vvhat |fscenar/os" astheyar1se. Duringthisperiod, it /s
recommended that water model demands and piping be updated annually to reflect
changing conditions and tomaintain ocurrent hydraulic model.
Deliverables:
w Technical Memoranda asagreed
• Annual Model Update
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EXHIBIT C
Work Schedule
Schedule
ENGINEER will provide the base services described above in Tasks 1 through 11 within a year of
receipt of a notice-to-proceed, with the Draft Master Plan document proposed to be delivered
by the end of month 9.Task 6 can be performed in about the same time frame with or without
the optional items.
2019 2020
Sep Oct Nov Dec )an fel Mar Apr May Jun Jul Aug
Task1-Alretigrtsand 1'rojottAlaaaye+ner+t _
Task •Data Collection
Task:3-kWater Denanid Uudatrs W,Demand rrolectinrr Ripon
T0.04-[crater Conservation impacts ref aptly projertions(Qaaugh.azo)and variability
Task s-i tiia!tr N,esnurGes/7'reat+nc+rt fSol+pl}+Yrojealons a ter Re:ourre s JSupplVJlie a tient Tech W mn
Task G-Water Atodel Updates rstar t+.oael complete
Task 7.Water Sysfenl Analysi£ WaterTransmisslop fiecommandatlons
Task s-rvalante Supply.Storage.and lumpily Needs IWON&W storage and aamrlae Remmmendaaans
Task 9-LT Rudy Updated Crsludy
Ta5k10-DerelopUP I otaitmanaCnylte�tew
TaskfI-l aterAfastar'Pian ONNNNNNEOM Draft and final Water0.'asterNan
Lrxend:
Rwrn CDM Smith effort
4NIf City effort
WO Shared effort
MJlestone
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EXHIBIT
Fee Schedule �
Fee
ENGINEER will provide the services described above in Tasks 1through 11, fora not-to-exceed
amount of$22O,57O. An estimate ofhours and cost by task is provided below, Invoices will be
prepared based on the Billing Rate Schedule provided below and other direct charges and
outside professionals passed through at ENG|NEER's cost. ENGINEER will prepare invoices
monthly based on hours by personnel category and billing rate in each of the tasks listed below.
The hours and costs by task are an estimate and hOuns and cost by task may vary from the
values provided below. �
Task 12, Ad Hoc Services, includes an allowance of just under 200 hours per year with an
escalated labor cost of 3% per year to account for average salary increases. Task 12 also allows
for a periodic site visit and routine meetings, if requested by the OWNER.The total for five
years ofAdHoc Services is$153,97S. Each year ofAdHoc Services must beauthorized in
writing bythe OWNER. '
The total contract value with Tasks 1through 12is $374,54S
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Task ! Hours Labor i ODCs ' Total
Task 1-Meetings and Project Management. 146 | $ 25,210 $ 2,500 $ 27,710 �
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Task 2'Data Col lection 66 8,5/8 $ 8,570
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Task 3'Water Demand Updates; 148 | $ 19,630 | $ ' $ 29,630 �
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Task 4'Water Conservation Impacts: 198 $ 24,480 ^ $ ' $ 24,480
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Task 5-Water Resource s/Tr atment/5upp|yPnojecbons/ 82 $ 11,020 $ ' $ 11,020
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Task 6a Water Mode| Updates; I86 $ 23,050 $ $ 23,050 �
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Task 6b-Operational Model Updates! 234 $ �2,170 $ 82,170 |
Task 7'Water System Analysis 260 | $ 37\620 / $ $ 37,620
Task 8-Evaluate Supply,Storage,and Pumping Needs 52 7,900 / $ 7,900 �
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Task g'[TStudy, 46 $ 7\060 $ $ 7,060 �
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Task 1O'Deve|op[|P 92 | $ 1.3,100 / $ $ 13,100 �
Taxk11-Water Master Plan.
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Base Project Totals 1,320 [ $ 213,070 / $ 2,500 | $ 220,570 �
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� TaskIz-AdHocSemices-FiveYears| �
Year1| 196 27,872 ! $ 1,208 ! $ 29,072 |
Year 2; 196 | $ 28,708 / $ 1,200 29,908 )
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Year 3. 196 / $ 29,569 / $ 1,200 30,769
Yea r4� 196 $ 30/456 $ 1,200 $ 31,656 � 1
Years 196 | $ 31,370 | $ 1,200 $ 32,570 |
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. 5-YearAdHoc Services Totals: 980 } 147,975 ' 6,000 / 153,975 |
Billing Rate ScheduleTechnical Specialist 295
Senior Technical Advisor 280
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Personnel Category Billing Rate
Project Manager 295
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Engineer 8 240
-Engineer 7 220
-Engineer 6 200
Engineer 5 180
Engineer 4 160
Project Engineer 1/2 130
-Senior Technician/CADD 135
Drafter 115
-Senior Administration 110
Contract Administration 100
Clerical 90
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
® DATE(MMIDDIYYYY)
'44r_:4CWzL> CERTIFICATE F LIABILITY INSURA NCE �$I2o/zQi9
THIS CERTIFICATE 1S 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
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REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. n
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certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
tJAME:
Aon Risk Services Northeast, Inc. PHONE
—� IX 10i
Boston MA Office {A1c.Nu.Ext}: (866) 283-7122 Ac. (0) 363-O{ANo.); -- �'
53 state street E-MAIL v
Suite 2201 ADDRESS: _
Boston MA 02109 USA
INSURER(S)AFFORDING COVERAGE NALC t'1
INSURED INSURERA: --Liberty Mutual Fire Ins Co i 23035
CDM Siwith Inc. INSURER a: Liberty Insurance Corporation 42404
75 state Street, Suite 701
Boston MA 02109 USA INSURER C. LM Insurance Corporation 33600
INSURERD: Lloyd's Syndicate No. 2623 AA1128623
INSURER E: ACE Property & Casua'lty Insurance Co. 20699
INSURER F:
COVERAGES CERTIFICATE NUMBER: 57007790'1598 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI,THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown areas requested
I SR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY E POLICY EXP LIMITS
LTR INSD JVVD P.!MIDD/YYW MMIDDIYYYY
B X COMMERCIAL GENERAL LIABILITY 1 B7 11BST Z 04`3 1/ 1 � 19 i if 2020 EACH OCCURRENCE $2,000,000
I_.... C)AMSAGG I RENTED -�
CLAIMS-MP.DE I X OCCUR PREMISESEa accurrence) �1,000,000
LLL ME:O EXP(Any one person) $10,000
PERSONAL,°.ADV INJURY $2,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 r
POLICY a PRO-
]LOG PRODUCTS-COMPIOP AGG --
JEG'1" 4,000,000
0
OTHER:
C)
A AS2•-611-B8T8Z6•-069 01/01/201.9 01/01/2020 COMBINED SINGLE LIMIf `O
AUTOMOBILE LIABILITY C ent} $2,000,000
X ANY AUTO BODILY INJURY(Per person) O
...._.......... z
OWNED SCHEDULED BODILY INJURY(Per accident)
AUTOS ONLY __ AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE
rJ
ONLY AUTOS ONLY Per eccident� ____ v-
tu
E X UMBRELLALIAS X OCCUR Xl}0C:23191087003 O1i0712n1.9(1.1/01/2020 EACH OCCURRENCES
EXCESS L-IAB CLAIMS-MADE AGGREGATE $5,000,000
--
[)ED I RETENTION _
C WORKERS COMPENSATION AND WA561DB8T8Z6019 01./01/2019 0.1./01/2020 X PER STATUTE 0TH•
FMPLOYERS'LIABILITY Y_I N AOS ER
C ANY PROPRIETOR I PARTNERi EXECUTIVE N UIC'iG11BS r8Z602r} {)1/01/2019 0110112020 E.L.EACH ACCIDENT $1.,000,000
oFFICERIMEMBER EXCLUDED? N I A ---.--
(Mandatory in NH) UJI E.L..DISEASE-EA EMPLOYEE $1,000,000
IF yes,describe under -
DESCRIPTION OF OPERAriONS below E.L.DISEASE-POLICY L IMIT $1,000,000---
D Archit&Eng ProfEP
SDEF1900033 01/01/2019 01/01/2020 Each claim $1,000,000----
rofessiDnaljclaims bade Aggregate $1.,000,000
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re: city of Round Rock - 2019 Water Master, Pian update.
Sig
% f
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL 13E DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
-�
City of Round Rock AUTHORIZED REPRESENTATIVE
Attn: City Manager
221 East Main St /1///_ �� v,,,� r��''
Round Izocl< TX 7$664 U5A c � 62'1,eYe,-ft�c.✓/amlZ li sem`
a
@1988.2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i
E
d
AGENCY CUSTOMER ID: 10518329
LOC
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURFD
Aon RiSI( services Northeast, inc. CDM smith inc.
POLICY NUMBER
See certificate Number': 570077901598
CARRIER NAIL CODE
See Cert'ificate Number: 570077901598 EFF ECI IVE DATE'
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S)AFFORDING COVERAGE MAIC#
INSURER.
INSURER
INSURER.
INSURER
ADDITIONAL POLICIES If a policy below does not include lin-fit information,refer to the corresponding policy on the ACORD
certificate firm('(.)r policy linlits,
110111cy PO1JCV
INSR ADDI,SUBR POLICY NLFNIRER EFFECTIVE EXPIRX1110N
(xR TYPE OF INSURANCE LNSD NVVT) DATE DATE
(NfN1[)D/YVV1') (Al-kTtDDfYVA'V)
WORKERS COMPENSATION
B N/A WA761DB8T8z6039 01/01/2019 01/01/2020
MA & PR
ACORD 101(2008/01) D 2008 ACORD CORPORATION.All right.s.reserved.
The ACORD name and logo are registered marks of ACORD
/
Policy Number TB7-611 '
Issued byLDBER"IT INSURANCE CORPOIZA1FION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY.
NOTICE{]FCANCELLATION TOTHIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART �
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART '
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROD UCT8/CDMPLETEOOPERATIONS LIABILITY COVERAGE PART i
LIQUOR LIABILITY COVERAGE PART !
COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM
`
Schedule
Name of Other Person(s) –E—mail-Address or mailing address: Number Days Notice:
Organization s):
A Schedule of each person or 30
Organization provided to us by
the First
Named Insured within 15 days of
written cancellation notice
received by
the First Named Insured for any
reason other than nonpayment of
premium
As Required by Written Contract
'
�
|
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown inthe Schedule above. VVowill send notice tuthe email ormailing address listed above
at least 10 daya, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to '
/
provide such advance notification will not extend the policy cancellation dote nor negate cancellation of the,
policy.
All other terms and conditions ofthis policy remain unchanged.
L|yN 99 01 US 11 K)2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material oyInsurance Services Office, |no., with
Policy Number AS2~618-08T8Z0-069
Issued byLIBERTYM0T0AL FIRE INSURANCE CONIPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0FCAREFULLY.
NOTICE QPCANCELLATION T0THIRD PARTIES
This endorsement modifies insurance provided under the following: �
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
�
COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) Email Address or mailing address: Number Days Notice:
Blanket-as required by 30
written contract
A. If we canoel this policy for any reason other than nonpayment of pnamium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the ennoU ormailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no |
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy,
All other terms and conditions ofthis policy remain unchanged.
L|K8 99 81 05 11 8D 2011 Liberty K4uhuo|Group of Companies. All rights reserved. Page i of 1
Includes copyrighted material of Insurance 3en/imaa Office, Inc., with
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
We YAII not cancel this policy until written notice of cancellation has been delivered to those scheduled below
at least:
a) 10 days before the effective date of cancellation,if via cancel for non-payment of premium,fraud,
of misrepresentation;or
b) ZQ days before the effective date of the cancellation if we cancel the insurance afforded by this
policy fbr any other reason.
failure to provide notice under this endorsement Wit not affect the validity of the cancellation except as It
relates to the pert or organization listed below.
NAME MDKSS
CDIVI Smith, Inc. 75 State Street
Sub 701
Boston,MA 02109
In no event will the notification be less than the minimum days required for notification by state statute.
Notification will be provided to all parties In a manner as required by state statute,It any.
TtOs endowmard b axw&W by the t INSURANCE CORR.
PMMWM$ a
Eftell"Date 11112019 E41rittion Date 11112020
For attachment toPolfcyNo. WAS-611"MM-019
Counters;gnad b
Authorized R-apfaserdafive
End,Serial No.
WC 99 2013
Page I of 1
Ed.09/01/2010
Copyright 2010 Liberty Mutual Group of Companies.All Rights Reserved