CM-2022-247 - 10/14/2022CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
LEAD AND COPPER RULE REVISION COMPLIANCE
WITH
CAROLLO ENGINEERS. INC.
THE STATE OF TEXAS
§
THE CITY OF ROUND ROCK
§ KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON
§
COUNTY OF TRAVIS
§
THIS AGREEMENT for professional consulting services related to lead and copper rule
revision compliance (the "Agreement"), is made by and between the CITY OF ROUND ROCK,
a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round
Rock, Texas 78664-5299 (the "City"), and CAROLLO ENGINEERS, INC., located at 8911
Capital of Texas Highway North, Suite 2200, Austin, Texas 78759 (the "Consultant").
RECITALS:
WHEREAS, professional consulting services related to lead and copper rule revision
compliance (the "Project') are desired by the City; and
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract with Consultant for these services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged. it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated as provided herein.
B. The term of this Agreement shall commence upon the effective date hereof and
terminate upon successful completion of the services, estimated to be October 16, 2024.
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C. City and the Consultant reserve the right to review the Agreement at any time.
and may elect to terminate the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
Consultant has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A," which shall be referred to as the Proposal and Exhibit "A"
titled "Proposal," which shall be referred to as the Scope of Services of this Agreement. Said
attached Exhibit "A" shall be incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Consultant shall perform services in accordance with this Agreement, in
accordance with the appended Proposal and Scope of Services and in accordance with due care
and prevailing consulting industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City and.'or advising
City concerning those matters on which Consultant has been specifically engaged, and may only
be modified by a written Supplemental Agreement executed by both parties as described in
Section 9.0.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant an amount not -to -exceed Thirty -Six Thousand Eight Hundred
Forty -Four and No/100 Dollars ($36,$44.00) as set forth in Exhibit "A."
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
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Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services. but not for taxes based upon Consultant's net income.
6.0 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth in the
attached Exhibit "E." incorporated herein by reference for all purposes.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the performance
of the services under this Agreement are completed, or the date the City receives a correct
invoice for the services, whichever is later. Consultant may charge interest on an overdue
payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes
overdue, in accordance with V.T.C.A.. Texas Government Code. Section 2251.025(b). This
Prompt Payment Policy does not apply to payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor.
subcontractor, or supplier about the service performed that cause the payment
to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the service performed that
causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
9.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement. and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
10.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City or Consultant may
terminate this Agreement for the convenience of the City or Consultant, upon thirty (30) days'
written notice to Consultant or City, with the understanding that immediately upon receipt of
said notice all work being performed under this Agreement shall cease. Consultant shall invoice
the City for work satisfactorily completed and shall be compensated in accordance with the terms
hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall
not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this Project shall become the property of the City upon termination of this Agreement, and shall
be promptly delivered to the City in a reasonably organized form without restriction on future
use. Should the City subsequently contract with a new consultant for continuation of service on
the Project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties. and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City, the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
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time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
11.0 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
12.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise. or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
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(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension. health, vacation pay, sick pay. or other fringe benefit
plan of the City.
13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques. ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
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preclude or limit Consultant from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement. the City will own as its sole
property all written materials created, developed. gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered.
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Consultant shall have the right to retain
copies of the Deliverables and other items for its archives. Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to the
Consultant. "Working papers" shall mean those documents prepared by Consultant during the
course of performing the Project including, without limitation, schedules, analyses,
transcriptions, memos, designed and developed data visualization dashboards and working notes
that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole
and exclusive ownership of its know-how, concepts, techniques, methodologies, ideas, templates,
dashboards, code and tools discovered, created or developed by Consultant during the
performance of the Project that are of general application and that are not based on City's
Confidential Information hereunder (collectively, "Consultant's Building Blocks'). To the
extent any Deliverables incorporate Consultant's Building Blocks, Consultant gives City a non-
exclusive. non -transferable, royalty -free right to use such Building Blocks solely in connection
with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant
may use the deliverables and the Building Blocks for any purpose. Except to the extent required
by law or court order, City will not otherwise use, or sublicense or grant any other party any
rights to use, copy or otherwise exploit or create derivative works from Consultant's Building
Blocks.
City shall have a non-exclusive, non -transferable license to use Consultant's Confidential
Information for City's own internal use and only for the purposes for which they are delivered to
the extent that they form part of the Deliverables.
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14.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industrial standards, and shall be performed in a
professional manner. Consultant shall re -perform any work not in compliance with this
representation.
15.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this
Agreement or (b) include any indirect, incidental, special, punitive or consequential damages,
even if such party has been advised of the possibility of such damages. Such excluded damages
include, without limitation, loss of data, loss of profits and loss of savings of revenue.
16.0 INDEMNIFICATION
Consultant 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/herrits agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error.
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant 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 Consultant, its agents, or employees.
Consultant shall not be responsible for acts and decisions of third parties, including
governmental agencies, other than Consultant's subconsultants, that impact project completion
and/or success.
17.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
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assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
18.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes. and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and.'or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws. the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
20.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, 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 hereunder.
21.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Grayson Roberts
MS4 Technician
Utilities and Environmental Services
3400 Sunrise Road
Round Rock, Texas 78665
(512) 671-2867
groberts`a,roundrocktexas. =ov
The Consultant hereby designates the following representative authorized to act on its
behalf with regard to this Agreement.
Caroline Russell
Associate Vice President
Carollo Engineers, Inc.
8911 Capital of Texas Highway North
Suite 2200
Austin, Texas 78759
(512) 427-8109
crussel lL u. carol lo.com
22.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Carollo Engineers, Inc.
8911 Capital of Texas Highway North
Suite 2200
Austin, TX 78759
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
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AND TO:
Stephanie L. Sandre. City Attorney
309 East Main Street
Round Rock. TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein. exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits. constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
27.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed. whether by Consultant or designated
subconsultants. in a manner acceptable to the City and according to generally accepted business
practices.
28.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.0 MISCELLANEOUS PROVISIONS
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. Consultant agrees
that time is of the essence and that any failure of Consultant to complete the services for each
Phase of this Agreement within the agreed Project schedule may constitute a material breach of
the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement and Consultant's standard of performance as
defined herein. Where damage is caused to City due to Consultant's negligent failure to perform
in these circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
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arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy. civil war, insurrection, riots, fires. floods, explosion. theft. earthquakes, natural disasters
or other casualties, strikes or other labor troubles. which in any way restrict the performance
under this Agreement by the parties.
Opinion of Probable Cost. Any opinions of probable project cost or probable
construction cost provided by Consultant are made on the basis of information available to
Consultant and on the basis of Consultant's experience and qualifications and represents its
judgment as an experienced and qualified professional engineer. However. since Consultant 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, Consultant does not guarantee that proposals, bids, or actual project or construction
costs will not vary from opinions of probably cost Consultant prepares.
Opinions and Determinations. Where the terms of the Agreement 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.
Third Parties. The services to be performed by Consultant are intended solely for the
benefit of the City.
City -Provided Information and Services. The City shall furnish Consultant available
studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant
to obtain or provide additional reports and data as required; furnish to Consultant services of
other required for the performance of Consultant's services hereunder. and Consultant shall be
entitled to use and reasonably rely upon such information and services provided by the City or
others in performing Consultant's services under this Agreement.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts.
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
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IN WITNESS WHEREOF. the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
Ar q.92 g
Li ..�
1
For City, Approved as to Form:
By:
tepha ie L. Sandre, City
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Carollo Engineers, Inc.
By:
Printed Name: lE�ssci
Title:_Aj-!�ocF-r VL�
Date Signed: c-
Exhibit A
City Services
The City of Round 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.
• City will participate in meetings and facilitate the sharing of information, provide guidance, and
respond to requests for information.
• City will provide relevant records, water quality data, and master plan documents to the
Consultant.
• City will provide timely review of deliverables in accordance with the project schedule. City will
provide review comments on deliverables in writing within two weeks of delivery.
EXHIBIT B
ENGINEERING SERVICES
CITY OF ROUND ROCK
LEAD AND COPPER RULE REVISIONS (LCRR) COMPLIANCE
SEPTEMBER 2022
INTRODUCTION
This exhibit outlines the scope of work for Basic Services to be provided to the City of
Round Rock (City) by Carollo Engineers, Inc. (Consultant) for the Lead and Copper Rule
Revisions Compliance Strategy Project (Project).
PROJECT DESCRIPTION
The U.S. Environmental Protection Agency (EPA) published revisions to the Safe
Drinking Water Act (SDWA) Lead and Copper Rule (LCR) in the Federal Register on
January 15, 2021 (86 FR 4198). The LCR Revisions (LCRR) are delineated into six (6)
key focus areas which include the following:
1. Identifying the areas most impacted
2. Strengthening drinking water treatment requirements
3. Replacing lead service lines
4. Increasing sampling reliability
5. Improving risk communication
6. Protecting children in schools and childcare facilities
Several of the revisions require significant, near -term strategies for public water system
compliance. Notably, the LCRR requires that water systems create an inventory of lead
service lines (LSLs), or demonstrated absence of LSLs, by the October 16, 2024
compliance date. These inventories include classification of service lines with unknown
materials as "lead status unknown" as well as service lines with galvanized pipes
formerly or currently downstream of LSLs as "galvanized requiring replacement." Water
systems are required to alert customers annually if they are served by "lead," "lead
status unknown," or "galvanized requiring replacement" service lines.
Additional modifications under the LCRR include a new 10 pg/L trigger level based on
90th percentile lead concentrations, and follow-up requirements for individual tap
samples above 15 pg/L. Under the LCRR, water systems are also required to sample
20% of all schools and childcare facilities each year for five years until all such facilities
have been sampled. Water systems must develop a list of childcare facilities and
elementary schools in advance of the October 16, 2024 deadline.
The City is proactively evaluating steps for compliance with the LCRR. The City
requested that the Consultant prepare this Scope of Services to review LCRR
requirements and to work with City staff to develop and implement a compliance
LCRR Compliance Strategy Page 1 of 7 Exhibit B
strategy. The goal of the strategy is to identify actionable items, along with associated
level of effort and costs, for the City to prepare for LCRR compliance.
The City anticipates implementing LCRR compliance in phases, and the following
Scope of Services comprise an initial 'Phase f' effort of the LCRR Compliance Strategy
and LSL Inventory Development Plan. These Phase I efforts include desktop analyses
and preparation of a Draft/Final LCRR Compliance Strategy and LSL Inventory
Development Plan or Roadmap. It is anticipated that the LCRR Compliance Strategy
will include several actionable tasks, which may be included in a 'Phase II LCRR
Compliance Implementation' effort. In Phase II, the Consultant will support the City on
LSL inventory development, along with other steps to prepare for LCRR Compliance.
ASSUMPTIONS
The Consultant's scope of work is based on the following assumptions:
• It is assumed there will be three meetings for the Phase I project.
• Consultant may request the City to sample and analyze for certain water quality
parameters if not currently available.
• City will participate in meetings and facilitate the sharing of information, provide
guidance, and respond to requests for information.
• City will provide relevant records, water quality data, and master plan
documents to the Consultant.
• City will provide timely review of deliverables in accordance with the project
schedule. City will provide review comments on deliverables in writing within
two weeks of delivery.
SCOPE OF SERVICES (PHASE1)
The scope of services includes the following major tasks for Phase I:
1. Task 100: Project Management and Meetings — Services related to project
management, including project team and schedule controls and monthly invoicing.
2. Task 200: LCRR Data Request and Review — Services related to preparation of data
request and review of LCRR-related water quality data, digital records, and documents
that could be used to support LSL inventory development and other LCRR compliance
actions.
3. Task 300: LCRR Compliance and LSL Inventory Development Plan — Services
intended to support the City with creating a planlroadmap to successfully prepare for
LCRR compliance.
LCRR Compliance Strategy Page 2 of 7 Exhibit B
TASK 100 PROJECT MANAGEMENT AND MEETINGS
Consultant shall:
• Track and monitor the progress of the project, provide monthly status reports
using City templates, invoices, and schedule updates. Consultant will conduct
meetings and distribute meeting notes.
Conduct a project Kickoff Meeting to review project goals, schedule,
communication coordination, and other project items. Consultant will also
review the data request during the meeting and discuss available records that
could be used to help develop an LSL inventory. Each meeting will last
approximately 1 to 1.5 hours.
Meetings:
Meeting 1: Kickoff Meeting
Meeting 2: Data Review and LCRR Impacts Workshop
Meeting 3: Draft LCRR Compliance Strategy Review
Deliverables:
• Meeting agendas (electronic PDF prior to meeting and paper copies for
attendees)
• Meeting minutes and exhibits (electronic PDF)
• Monthly invoices/progress reports (electronic PDF)
TASK 200 LCRR DATA REQUEST AND REVIEW
Consultant will issue a request for historical water quality data and example City records
that will help determine impacts of the LCRR on the City and recommended compliance
strategies. Consultant will review the water quality data to assess historical water quality
challenges related to lead and copper. Additionally, corrosion stability indices and lead
and copper solubility will be modeled using desk -top analysis.
201 Data Request and Analysis
Consultant will develop and submit a request for the City's existing system
conditions that are pertinent to the LCRR Compliance Strategy. The data request
will be submitted prior to the Kickoff Workshop. Items requested for background
may include, but are not limited to:
1. Historical lead and copper monitoring data
2. Locations of historical monitoring data
3. Methods for lead and copper sampling
4. Historical water quality data for the City's water supplies, including treated
water from Lake Georgetown, water from the Brushy Creek Regional Water
Authority (BCRWA) and groundwater. Water quality data of interest
includes lead, copper, pH, alkalinity, calcium, chloride, sulfate, total
LCRR Compliance Strategy Page 3 of 7 Exhibit B
dissolved solids, temperature, and other water quality parameters impacting
corrosion.
5. Representative subset of tax assessor records on property ages, tap cards,
and plumbing permits.
6. Map of distribution system and service line materials (shapefiles)
7. Information on City programs that could be sources of information on
service line materials (e.g., meter replacement program) and the City's
CMMS system as it pertains to any data that could inform the LSL inventory.
8. Information on current LCR communication practices and materials, if
available.
9. Information on any sampling already conducted at schools or childcare
facilities, along with any available City records on the number and locations
of those facilities, if completed.
Deliverahles
• Data request
202 Review Historical Water Quality Data
Consultant will review the historical water quality data provided in Subtask 201.
The data will be analyzed for historical lead and copper concentrations, along with
a map of any historical lead and copper concentrations above the respective action
levels Consultant will use water quality data to calculate corrosion indices and lead
solubility based on the pH and dissolved inorganic carbon (DIC). The review will
help inform whether the City could be impacted by the new 10 µg/L trigger level,
or 15 µg/L find and fix requirements.
Deliverables:
• Map of historical lead concentrations above 15 Ng/L
• Tabular summary of corrosion stability indices
• Graphical lead and copper solubility.
203 Review Historical Records Related to Service Line Material
The LCRR states that water systems must review construction and plumbing
codes, permits, distribution system maps and drawings, historical records on
service connection, meter installation records, and other information to identify
service line materials for the initial inventory. Consultant will work with the City to
review a subset of these records to identify which source(s) of information can be
used to facilitate development of an initial service line inventory. Consultant will
also review the City's GIS system and identify opportunities to pull in records to
facilitate inventory development. Findings will be presented at the Data Review
and LCRR Impacts Workshop to facilitate a discussion with the City on data
management preferences for the LSL inventory (e.g., using ESRI's LSL Inventory
display tools, and/or TCEQ's template).
LCRR Compliance Strategy Page 4 of 7 Exhibit B
Consultant will meet with the City following completion of Task 200 for a Data
Review and LCRR Impacts Workshop to confirm findings prior to proceeding with
development of strategies for compliance. Consultant will incorporate findings from
the data review in PowerPoint slides to share with the City during the Workshop,
along with the tabular summary of LCRR requirements and impacts.
TASK 300 LCRR COMPLIANCE AND LSL INVENTORY DEVELOPMENT PLAN
Consultant will develop a strategy for the City to comply with the LCRR. For each major
rule revision that could impact the City, Consultant will outline the City's current
compliance status and a strategy for compliance.
301 LSL Inventory Guidance
A range of approaches has been proposed/used for utilities to identify LSLs that
can be categorized as either direct or indirect identification. Indirect identification
includes reviewing property records, using machine learning to improve
predictions of LSL locations, or conducting sample profiles correlated to aliquots
of water coming from inside the house, versus the service line. Customer surveys
can also be used, specifically for information on materials used in the privately -
owned portion of the service line. Direct identification methods include inspecting
the service lines at the meter box, using CCTV, and/or excavating or potholing to
confirm service line materials from the curb stop to the house. Consultant will
identify available data with the City which may be incorporated into the LSL
Inventory. Consultant will define the various LSL Inventory methods, data
management approaches, and provide recommendations for the City.
302 Review Communication Strategy
The LCRR requires new public communication steps such as 24-hour notice prior
to the disturbance of an LSL and individual notification of all persons served by a
sampled tap that exceeds the 15 ug/L AL within 72 hours. Consultant will review
current public communication strategies for needed modifications to meet the
various new requirements under the LCRR.
303 Modified Sampling Plan and Locations
Consultant will review potential impacts of the rule revisions on the City's current
LCR monitoring locations and methodologies to provide recommendations for any
changes factoring in available information on LSLs. Consultant will review sample
sites and identify any changes in sample locations based on the LCRR. For
example, the LCRR requires prioritizing sampling at homes with LSLs. Consultant
will also review current sampling protocols for any changes required to comply with
the LCRR. For example, the LCRR requires collection of the 5th liter sample (rather
than the first liter) from homes with LSLs.
Consultant will review LCRR requirements for sampling licensed childcare facilities
and elementary schools and identify steps for City compliance.
LCRR Compliance Strategy Page 5 of 7 Exhibit 8
304 Review Corrosion Control Treatment Requirements
Consultant will review the City's lead data to determine if the City could be
impacted by either the proposed 10 pg/L trigger level for lead or reporting
requirements for individual sample values above 15 pg/L. Consultant will also
review rule changes to identify other possible impacts to the City. For example, the
Consultant will review the current corrosion control treatment approach for
compatibility with LCRR requirements on strengthening corrosion control
treatment.
306 Draft and Final LCRR Compliance Strategy
Consultant will develop a draft and final LCRR Compliance Strategy and LSL
Inventory Development Plan technical memorandum (TM) which culminates
project findings, recommendations, and strategies identified in the previous tasks.
The LCRR Compliance Strategy and LSL Inventory Development Plan is intended
to provide the City with a roadmap for compliance with the new requirements by
the stipulated deadlines (e.g., completion of an LSL inventory by October 16,
2024). The strategy will outline prioritized steps and associated resources
required, conceptual -level costs, and a schedule for completion. A tabular
summary will be included. The steps will be delineated into multiple phases to help
the City prioritize projects/activities for sequential completion.
A workshop will be conducted to review the draft LCRR Compliance Strategy.
Deliverables:
• Draft and final LCRR Compliance Strategy and LSL Inventory Development
Plan TM
ADDITIONAL ENGINEERING SERVICES PHASE 11
Additional engineering services includes ecific tasks that may be reguested by the City
that are not part of services under this task. Scope, schedules, and fees for potential
additional engineering services will be determined by ne otiations between the City and
the Consultant under a future amendment for Phase II services.
Based on the outcomes of Phase I, it is likely that the LCRR Compliance Strategy and
LSL Inventory Development Plan will identify several actionable tasks, which may be
included in the Phase II effort. Potential additional engineering -services include the
following:
• Assisting the City in the development of an LSL inventory by the October 16,
2024 compliance deadline
• Assisting the City in developing an LCRR compliant sampling plan
• Developing City -specific communication materials required under the LCRR
• Developing the LCRR-required list of schools and childcare facilities and
supporting the City in outreach to the schools to prepare for sampling required
under the LCRR
LCRR Compliance Strategy Page 6 of 7 Exhibit B
The Phase II detailed scope of work will be outlined after the LCRR Compliance Plan is
developed.
LCRR Compliance Strategy Page 7 of 7 Exhibit B
Exhibit C
Work Schedule
The estimated project duration is approximately 10 weeks from notice to proceed (NTP)_
Projections of task completion in weeks after NTP, is estimated as follows, -
Task
Expected
Task
Duration
(weeks)
Expected
Completion
(weeks
after NTP)
Engineering Services:
100 — Project Management and Meetings
10
10
200 — LCRR Data Request and Review
4
4
300 — LCRR Compliance and LSL Inventory Development Plan
6
10
Exhibit D - Fee Sche
City of Round Rock
St Technical Editor
Other Direct
Costs (Travel 1
Task Total
Document
Meals)
+I Processing
r Katie Butler Labor Total
Task # Hours Dollars
100 PROJECT MANA
Project Administra
2
6
$1,166
$1,166
Project Meetings
15
$3,260
$600
$3,860
200 LCRR DATA REC
Review Water Qu,
19
$3,606
$3,606
Review Historical
32
$6,382
$6,382
$0
300 LCRR COMPLIAP
0
$0
LSL Inventory Gui
32
$6,381
$6,381
Review Communk
5
$1,014
$1,014
Modified Sampling
5
$960
$960
Review Corrosion
7
$1,360
$1,360
Draft and Final LC
6
64
$12,116
$12,116
8
185
$36,244
$600
$36,844
Exhibit "E"
ROUND ROCK TEXAS
City of Round Rock
Insurance Requirements
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the
duration of the agreement or purchase order resulting from a response to the
Solicitation/Specification, insurance against claims for iniuries to persons or damages to property_
which may arise from or in connection with the performance of the work as a result of the
solicitation by the successful respondent, its agents, representatives, volunteers, employees or
subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by
the
City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City.
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per
occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily injury of $100,000.00 each
person, and
$300,000.00 for each occurrence, and Property Damage Minimum limits of
$50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum $100,000,00
Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Agreement.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
Page 1 of 4 DATED: JULY 2011
Exhibit "E"
ROUND ROCK TEXAS
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the solicitation specification and the insurance endorsements stated
below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary on general and liability coverage.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the interest of each insured may appear) as to general and auto liability
coverage.
1.5.3. Provide thirty days' notice to the City of cancellation, non -renewal, or reduction in coverage.
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify the
City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon
the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees, and
elected officials for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance.
1.5.7. Removed in its entirety.
1.5.8. All copies of the Certificate of Insurance shall reference the project name,
solicitation number or purchase order number for which the insurance is being
supplied.
1 5.9. Vendor shall notify the City in the event of any change in coverage and shall give
such notices not less than thirty days prior notice to the change, which notice shall
be accomplished by a replacement Certificate of Insurance.
1 5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage (''certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
Page 2 of 4 DATED JULY 2011
Exhibit " E"
ROUND ROCK TEXAS
TWCC-84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of
the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'Slperson's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 — includes all
persons or entities performing all or part of the services the CONTRACTOR has undertaken to
perform on the project, regardless of whether that person contracted directly with the
CONTRACTOR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity, which furnishes persons
to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to
a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the agreement.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends
during the duration of the project, the CONTRACTOR shall, prior to the end of the coverage
period, file a new certificate of coverage with the OWNER showing that coverage has been
extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and provide
to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so the
OWNER will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
2.6.2. no later than seven (7) calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage ends during the duration of the project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of the
project and for one (1) year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by mail or personal delivery,
within ten (10) calendar days after the CONTRACTOR knew or should have known, or any
change that reduces the level of coverage of any person providing services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to provide
services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements
Page 3 of 4 DATED: JULY 2011
Exhibit "E"
ROUND ROCK TEXAS
of Texas Labor Code, Section 401.011(44) for all its employees providing services on
the project, for the duration of the project;
2.102 provide to the CONTRACTOR, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of the
person providing services on a project, for the duration of the project:
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
2.10.3.1. obtain from each other person with whom it contracts_ and provide to the
CONTRACTOR:
2.10.3.1.1. a certificate of coverage, prior to the other person beginning work
on the project; and
2.10.3.1.2. a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project
2.10.3.2. retain all required certificates of coverage on file for the duration of the
project and for one (1) year thereafter,
2,10.33. notify the OWNER in writing by certified mail or personal delivery, within ten
(10) calendar days after the person knew or should have known, of any
change that reduces the level of coverage of any person providing
services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform as
required by paragraphs (2.1 thru 2.7), with the certificates of coverage to be
provided to the person for whom they are providing services.
2.10.3.5. By signing the solicitation associated with the specification, or providing, or
causing to be provided a certificate of coverage, the Contractor is
representing to the Owner that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or. in
the case of a self -insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties, or
other civil actions.
2,10.3.6. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the Owner to declare the agreement
void if the Contractor does not remedy the breach within ten (10) calendar
days after receipt of notice of breach from the owner
Page 4 of 4 DATED: JULY 2011
City of Round Rock
IUNDROCK
XA5 Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with Carollo
Engineers, Inc. for Lead and Copper Rule Revision Compliance Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/14/2022
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $36,844.00
Indexes: Self -Financed Water Construction
Attachments: Prof Sery Agree ment_LCRR_partially executed
Department: Utilities & Environmental Services
Text of Legislative File CM-2022-247
The U.S. Environmental Protection Agency made revisions to the Safe Drinking Water Act (SDWA) Lead and
Copper Rule (LCR) on January 15, 2021. These revisions focus on six key areas such as identifying impacted
areas, tightening requirements for drinking water treatment, replacing lead service lines, conducting better
sampling, communicating risk to affected residents, and ensuring child safety at schools and childcare
facilities.
The City of Round Rock is required to comply with the rule revisions by October 16, 2024. Compliance
includes identifying and inventorying all public and private lead service lines. This must include
consolidating all lead service line information into one database that must be made available to the public.
The City is also expected to create an interactive map with this information for residents. Additionally, the
City must sample the water for 20 percent of all schools and childcare facilities every year for five years
until all have been sampled.
Carollo Engineers will also review all data shared by the City to create a roadmap for compliance with the
Lead and Copper Rule Revision. The development of a plan will include guidance to efficiently identify and
track lead service lines. The cost of services is $36,844 for this initial phase. Phase 2 of meeting the LCR will
be determined as a scope is developed and the number of potential lead service lines is estimated.
Cost: $36,844
City of Round Rock Page 1 of 2
Agenda Item Summary Condnued (CM-2022.247)
Source of Funds: Self -Financed Water Construction
City of Round Rock Page 2 of 2