CM-2024-079 - 3/8/2024JR01LIONO ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CAROLLO ENGINEERS, INC. ("Engineer")
ADDRESS: 10900 Stonelake Boulevard, Building 2, Suite 126, Austin, TX 78759
PROJECT: Raw Water Treatment Improvements
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
l CONTR OR NGINEERING SERVICES ("Contract") is made and entered into on
this the ay of ', 2024 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-
5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting
for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSE:TH:
That for and in consideration of the mutual promises contained herein and other good and valuable
considerations, and the covenants and agreements hereinafter contained to be kept and performed by the
respective parties hereto, it is agreed as follows:
k,aC-�'7
Time and Materials En sneering 5er�es Contract
0199 202407. 4865-0429-1241
Rev. 02. 22
00296523
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits
are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined
herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a
part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule
so that the Engineering Services under this Contract may be accomplished within the specified time and
at the specified cost. The Work Schedule shall provide specific work sequences and definite review times
by City and Engineer of all Engineering Services. Should the review times or Engineering Services take
longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely
written request for additional time, which shall be subject to the approval of the City Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer
shall notify City in writing as soon as possible if he?shelit determines, or reasonably anticipates, that the
Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required
herein so that construction of the project will be commenced and completed as scheduled. In this regard,
and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed
with sufficient qualified personnel and consultants necessary to fully and timely accomplish all
Engineering Services required under this Contract in a professional manner.
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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
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for all
engineering services performed and to be performed under this 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 monies 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 sum of Eighty -Five Thousand Four Hundred Thirty -Two and N01100 Dollars
($85.432.00). 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 B 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
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress report,
Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form
acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to
City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves
the right to withhold payment pending verification of satisfactory Engineering Services performed.
Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that
tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will
be made within thirty (30) days of the day on which the performance of services was complete, or within
thirty (30) days of the day on which City receives a correct invoice for services, whichever is later.
Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for
payments not made in accordance with this prompt payment policy; however, this policy does not apply
in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies, materials,
or equipment delivered or the services performed that causes the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or the
Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written
Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs
incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Rebecca Vento, P.E.
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 341-3129
Mobile Number (737) 340-7270
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Fax Number NIA
Email Address rVentokroundrocktexas.w
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:
Brenna Wagner, P.E.
Senior Engineer
10900 Stonelake Boulevard, Building 2, Suite 126
Austin, TX 78759
Telephone Number (512) 427-8125
Fax Number N/A
Email Address bwagnercarollo.com.
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices
of City, or at other locations designated by City. When requested by City, such conferences shall also
include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full
force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering
Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If
this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating
this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and the
Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work helshe:`it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City
in writing. In the event City finds that such work does constitute extra work and exceeds the maximum
amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed
between the parties as provided in Article 13. Engineer shall not perform any proposed additional work
nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract.
City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to
additional work not directly associated with the performance of the Engineering Services authorized in
this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be due
for such Engineering Services.
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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 Services. Any such Supplemental Contract must be duly
authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed.
Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written Supplemental
Contract and authorization to proceed. City reserves the right to withhold payment pending verification
of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be used
with respect to this Project. However, it is expressly understood and agreed by and between the parties
hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings,
estimates, specifications, investigations, studies and other documents, completed or partially completed),
shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent
use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the
extent permitted by law, City shall 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
sealed 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 amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed under
this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage
to any such documents while they are in the possession of or while being worked upon by Engineer or
anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All
documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work
and documents for purposes of constructing, using and maintaining the Project, provided that City shall
comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and maintaining
the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service
shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City providing
to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall
by separate written contract set forth the specific conditions governing the format of such Instruments of
Service or electronic data, including any special limitations not otherwise provided in this Contract. Any
electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole
risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of
the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents
conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change and
shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is
incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be
removed from association with the project when so instructed by City. Engineer certifies that it presently
has adequate qualified personnel in its employment for performance of the Engineering Services required
under this Contract, or will obtain such personnel from sources other than City. Engineer may not change
the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises
on which it is being performed. if any review or evaluation is made on the premises of Engineer or a
subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable
facilities and assistance for the safety and convenience of City or other representatives in the performance
of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of
contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering
Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for
Engineering Services at termination will be based on a percentage of the Engineering Services completed
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at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount
charged during the thirty -day notice period shall not exceed the amount charged during the preceding
thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the 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 fulfill his?her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues arising
out of any procurements made by Engineer in support of the Engineering Services under this Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable state, federal and local laws, statutes,
codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies
or tribunals in any manner affecting the performance of this Contract, including without limitation,
minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations.
Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) As required by Chapter 2271, Government 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
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -
controlled territory, but does not include an action made for ordinary business purposes.
(3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into
a contract with a company with at least ten (10) full-time employees for value of at least One Hundred
Thousand and No.' 100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying
that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. The signatory executing this Contract on behalf of the
Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association, and it will not discriminate during the term of this
Contract against any firearm entity or firearm trade association.
(4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into
a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred
Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term
of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not
boycott energy companies, and it will not boycott energy companies during the term of this Contract.
(5) Taxes. Engineer will pay all taxes, if any, required bylaw arising by virtue of the Engineering
Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section
151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold 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.
Engineer shall not be responsible or acts and decisions of third parties, including governmental
agencies, other than Engineer's subconsultants, that impact project completion andior success.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her. its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or
negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and,`or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to City
in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration
for Professional Engineers.
ARTICLE 25
NON -COLLUSION. FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he.,-'she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract,
and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul
this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price
or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, hiseherfits
officers, employees, agents, consultants and subcontractors will have no financial interest, direct or
indirect, in the purchase or sale of any product, materials or equipment that will be recommended or
required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices
of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (I ) above, including the required provisions and additional policy
conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to
assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for
the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements
among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of
these certificates of insurance.
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(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, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever
nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors,
lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this
Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent
of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
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ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephanie L. Sandre
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Brenna Wagner, P.E.
Senior Engineer
10900 Stonelake Boulevard, Building 2, Suite 126
Austin, TX 78759
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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 within the agreed Work Schedule may constitute a material breach of this
Contract. Engineer shall be fully responsible for his.--'her/its delays or for failures to use his.'herlits
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to
perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder
without waiver of any of City's additional legal rights or remedies. 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 hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering, consulting
and related services performed or furnished by Engineer and its employees under this Contract will be
the care and skill ordinarily used by members of Engineer's profession practicing under the same or
similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein,
Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with
the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis of
Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
15
(7) Third Parties. The services to be performed by Engineer are intended solely for the benefit
of City.
(8) City -Provided Information and Services. City shall furnish Engineer available studies,
reports and other data pertinent to Engineer's services; obtain or authorize Engineer to obtain or provide
additional reports and data as required; furnish to Engineer services of other required for the performance
of Engineer's services hereunder, and Engineer shall be entitled to use and reasonably rely upon such
information and services provided by City or others in performing Consultant's services under this
Contract.
ARTICLE 34
LIMITATION OF LIABILITY
Should any of Engineer's services not conform to the requirement of City or of this Contract, then
and in that event City shall give written notification to Engineer; thereafter, (a) Engineer 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 Contract my be terminated for
default.
In no event will Engineer be liable for any loss, damage, cost or expense attributable to negligence,
willful misconduct or misrepresentation of 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 Engineer pursuant to this Contract 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.
ARTICLE 35
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he..she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations and
warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
[signature pager follox]
16
CAROLLO ENGINEERS, INC.
LIM
`--df A4 Ck
Hani E. Michel, P.E., Vice President
CAROLLO ENGINEERS, INC.
By:
Caroline Russel, P.E., Vice President
17
CITY OF ROUND ROCK, TEXAS
By:
Laurie Hadley, City Manager
ATTEST:
B
Meagan Spin , City e
APPROVED AS TO FORM:
Stephanie L. Sandre, City Attorney
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
19
EXHIBIT A
City Services
CITY OF ROUND ROCK
ZEBRA MUSSELS EVALUATION AND WATERIWASTEWATER PFAS STUDY
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.
• Provide all criteria and full information as to City's requirements for the Task, including
as-builts, and any other information necessary. Provide engineer with 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.
• Review and provide comments on the Engineer's deliverables in a timely manner to
allow Engineering team time to incorporate comments and maintain the project
schedule.
EXHIBIT B
Engineering Services
CITY OF ROUND ROCK
ZEBRA MUSSELS EVALUATION AND WATERIWASTEWATER PFAS STUDY
ENGINEERING SERVICES
FEBRUARY 2024
PROJECT DESCRIPTION
The City of Round Rock (Owner) owns and operates a surface water treatment plant (WTP) that
treats water from Lake Georgetown and Stillhouse Hollow Lake. The Owner also owns a
wellsite that pumps water from the Edwards Aquifer and is a part-owner of the Brushy Creek
Regional Utility Authority (BCRUA) WTP which treats water from Lake Travis. The Owner
operates two regional wastewater treatment plants (VWVfPs), the larger of which treats solids
from both facilities.
Zebra mussels have been detected in central Texas watersheds, but not at the Owner's WTP
intakes. The Owner is taking proactive steps to protect their raw water source from the invasive
zebra mussels, as well as to evaluate the presence of perfluoroalkyl substances (PFAS) in their
raw water and wastewater. The Owner is seeking engineering services to:
• Evaluate technologies available to prevent zebra mussels and recommend implementation
of the selected technology at the Owner's Lake Georgetown raw water intake.
• Develop a PFAS sampling plan for the City's water and wastewater sources and evaluate
the results of the sampling effort.
The Owner also requested engineering advisory support on the implications of the proposed
Lead and Copper Rule Improvements (LCRI) on the Owner's ongoing efforts to develop a
lead service line (LSL) inventory to meet requirements under the Lead and Copper Rule
Revisions (LCRRs).
BASIC SERVICES TASKS
Carollo Engineers (Engineer) will perform an alternatives analysis of chemical feed alternatives
for the purpose of zebra mussel mitigation at the Lake Georgetown raw water intake and pump
station owned and operated by the Owner. Additionally, the Engineer will develop a PFAS
sampling plan, evaluate the PFAS sampling results, and make recommendations for treatment,
where necessary. The following tasks are included in this scope of services:
• Task 100 — Project Management
• Task 200 — Zebra Mussel Control Evaluation
• Task 300 — PFAS Sampling and Evaluation
Page 1
+ Task 400 — Other Water Quality Assistance (LCRI)
TASK 100 -- PROJECT MANAGEMENT
Engineer will provide project management services to facilitate efficient project completion.
Engineer's efforts will include the following activities, and will be based on the assumptions
stated, where applicable.
The Engineer will provide project management services specific to the internal team for the
purposes of managing the team to complete the tasks described in this scope of work through
the duration of the contract.
Engineer will prepare and submit to the Owner, in electronic PDF format, a monthly project
status report, summarizing the work completed by Engineer during the previous month,
anticipated work for the following month, current budget and schedule status, and any project
issues requiring discussion or resolution. This task assumes a submission of a maximum of four
(4) status reports during the duration of the project.
Jask 103 — Kickoff Meeting
The Engineer will attend a kick-off meeting at the onset of the project to confirm the scope of
work, review contractual responsibilities, confirm goals, and clarify questions. Scope assumes
one (1) meeting with Owner, with attendance by maximum of two (2) Engineer representatives.
Following the meeting, Engineer will prepare and distribute minutes documenting key discussion
and action items from the meeting.
Task 104 — Project Workshops
Engineer will facilitate and attend two in -person Workshops with the Owner. The purpose of
Workshop #1 will be to discuss the results of the Zebra Mussels alternatives analysis and
evaluation matrix prior to completion of Task 200. The purpose of Workshop #2 will be to review
the findings of the PFAS sampling results and analysis prior to completion of Task 300.
Both workshops will include an overall project status update and will include a forum for any
questions or outstanding issues identified by the Owner or Engineer during the course of the
work. Following the meetings, Engineer will prepare and distribute minutes documenting key
discussion and action items from the meeting. Assume attendance by a maximum of three (3)
Engineer representatives. The scope assumes two (2) workshops total with the Owner.
Task 100 Deliverables:
• Monthly Status Reports and invoices
• Meeting Minutes
Page 2
TASK 200 - ZEBRA MUSSEL CONTROL EVALUATION
Under this task, the Engineer will evaluate and compare alternatives for zebra mussel control at
the Owner's Lake Georgetown intake and pump station, including the existing permanganate
feed system.
Engineer will request, collect, and review data required to evaluate and compare the zebra
mussel control alternatives. Record drawings for the existing permanganate feed system have
been provided and will be referenced to evaluate the feasibility of repurposing existing facilities
for alternate zebra mussel control strategies. Engineer will download available relevant water
quality data from Drinking Water Watch and other publicly available sources.
Task 201 Deliverables:
• Data Request
Engineer will evaluate the following zebra mussel control technologies for implementation at the
Lake Georgetown Raw Water Intake.
• Permanganate (existing system)
• Earthtec QZ
• Copper ion generation
• Generic CuSO4
For each alternative, the Engineer will evaluate water quality impacts (e.g., colored water,
copper concentrations), effectiveness for zebra mussel control, TCEQ and U.S. Army Corps
permitting requirements, compatibility with the existing system, operability, and maintainability.
Conceptual level design criteria will be developed to facilitate an evaluation of the footprint,
capital, and operations and maintenance costs for each alternative. The feasibility of reusing the
existing facilities, including the building, chemical feed piping, chemical feed points, etc. will be
reviewed for each alternative.
The Engineer will prepare a PowerPoint presentation to review the alternatives and evaluation
matrix with the Owner during Workshop #1 (Task 104). An evaluation criteria matrix will be
presented, providing an opportunity for discussion and input on the evaluation criteria and
relative ranking to facilitate short listing and selection of a preferred alternative.
Task 202 Deliverables:
• PowerPoint presentation on Zebra Mussel Control Alternatives
• Evaluation matrix
• Meeting minutes
Page 3
203 — Technical Memorandum
The Engineer will prepare a draft technical memorandum (TM) summarizing the findings of the
zebra mussel control evaluation and the recommended zebra mussel control strategy. Following
receipt of comments from the Owner, the Engineer will prepare a final TM. The draft and final
TM will be delivered to the Owner electronically in .pdf format. Included in the final delivery will
be a comment log documenting the resolution of each of the Owner's comments.
Task 203 Deliverables:
Draft and Final TM
The goal of this sampling study is to develop a focused understanding of PFAS occurrence
within raw drinking water sources, finished water sources, and wastewater treated by the Owner
and evaluate the results of the sampling to make recommendations for the Owner's next steps
for managing PFAS, if necessary.
Engineer will develop a PFAS Sampling Plan, consisting of a sampling matrix that includes
sample frequency, locations, and methods. Sampling locations generally include:
1) Raw water sampling from:
a) Stillhouse Hollow Lake.
b) Lake Georgetown.
c) the City's Edwards Aquifer well site (one sample for three co -located wells).
2) Finished drinking water sampling from:
a) Round Rock WTP.
b) BCRUA finished water delivery point to the City.
3) Brushy Creek Regional WWTP (30 mgd), suggested 3 samples each over three consecutive
days of:
a) Influent.
b) Effluent.
c) Biosolids/Sludge.
The PFAS Sampling Plan will also recommend an analytical method and provide sampling
Standard Operating Procedures (SOPs) and recommend a laboratory to process the samples.
Engineer will submit a draft PFAS Sampling Plan to the Owner for review. The Owner's
comments on the draft Sampling Plan will be captured in the final PFAS Sampling Plan.
Task 301 Deliverables:
• Draft and Final PFAS Sampling Plan
Page 4
Task 302 — Support Samg'ling Activities
The Owner will coordinate and contract directly with the selected laboratory. Engineer staff will
support sampling activities, specifically:
1) Engineer will train Owner staff in proper sampling technique for the first day of sampling
(assume an 8-hour day).
2) Engineer will review laboratory reports, provide a quality control/ quality assurance review
of sample results, and follow up with the lab as needed for quality related questions.
Task 302 Deliverables:
• None
Task 30a — Analysis of Findings
Engineer will review the results from the sample activities and compare them to current and
anticipated regulatory compliance goals, and recommend next steps, if any, needed for the
Owner to proactively achieve anticipated compliance targets. This analysis and
recommendation will be compiled into a TM and summarized in a PowerPoint presentation
given to the Owner at Workshop #2 (Task 104) at the completion of the TM.
Task 303 Deliverables:
• Draft and Final TM
• PowerPoint presentation summarizing the findings and recommendations of the TM
Task 400 --- Other Water Quality Technical Assistance
Engineer will offer technical assistance to the Owner on an as -needed basis on water quality
topics such as the implications of the proposed LCRI on the Owner's ongoing efforts to comply
with the LCRR.
This scope assumes 16 hours of engineering assistance.
EU
The fee associated with this scope is outlined in Exhibit D, attached.
Page 5
EXHIBIT C
Work Schedule
Immediately upon receipt of Notice to Proceed (NTP), Engineer is prepared to proceed with the
following schedule. All major tasks will be completed concurrently.
• Task 201 Data Request;
1 week after NTP
• Task 203 Draft Zebra Mussel TM:
{, 3 months after receipt of all information from data request
• Task 301 Draft Sampling Plan
6 weeks after NTP
• Task 303 Draft PFAS TM
o 3 months after receipt of sample results
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EXHIBIT D
Fee Schedule
Attached Behind This Page
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
A .0 CERTIFICATE OF LIABILITY INSURANCE
7/4/2024
DATE(MMfOorcriYl
2/22/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements .
PRODUCER Lockton Companies
CONTACT
PHONE FAx
A]C Not;
444 W. 471h Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
E-MAIL
ADDRESS:
kcaski@lockton.com
INSURERS AFFORDING COVERAGE
NAIC1!
INSURER A: Zurich American Insurance Company
16535
iNSUREb CAROLLO ENGINEFRS, fNC.
1472613 2795 MITCHELL DR.
INSURER B : Allied World Su!plus Lines Insurance Company
24319
INSURER C :
INSURER D :
WALNUT CREEK CA 94598-1601
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 20314530 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
°
R
POLICY NUMBER
MMIPDfYYYY
MMIODIYYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
Y
Y
GLO 9730569
7/412023
7/4/2024
EACH OCCURRENCE
$ 1 000 DOO
PREMISES Ea occurrence
$ 1 000 000
CLAIMS -MADE FXI OCCUR
MED EXP (Any one rson)
5 25 000
PERSONAL & ADV INJURY
S 11000,000
GENERAL AGGREGATE
S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
POLICY a JEC LOC
PRODUCTS - COMP1oP AGG
s 2,000,000
OTHER:
IS
A
AUTOMOBILE LIABILITY
y
y
BAP 9730571
7/4/2023
7/412024
E°COMBINED SINGLE LIMIT
S 2,000,000
BODILY INJURY (Per person)
S XXXXXXX
X ANY AUTO
BODILY INJURY (Per accident)
$ XXXXXXX
SCHEDULED
A TOSONLYNAUTOS
X HIRED NON -OWNED
PROPERTY DAMAGE
5 XXXXXXX
AUTOS ONLYAUTOS ONLY
IPe(accident)
$1,000
DED: COMPICOLL
UMBRELLA LIAB OCCUR
NOTAPPLICABLE
EACH OCCURRENCE
5 XXXXXXX
AGGREGATE
$ XXXXXXX
EXCESS LIAR CLAIMS -MADE
S XXXXXXX
DED RETENTIONS
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y
WC 9130570
7/4/2023
7/4/2024
PER OTH-
X SAUTE I I ER
E.L. EACH ACCIDENT
S 1000000
YIN
ANY PROPRIETORIPARTNEWEXECUTIVE
OFFICE EMBER EXCLUDED? N
(Mandatory In NH)
N I A
E,L. DISEASE -EA EMPLOYEE
S 1 000,000
it yes. describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
S 1000 000
B
PROFESSIONAL
N
N
0313-9010
7/4/2023
7/4/2024
EACH CLAIM: $1,000,000;
LIABILITY
AGGREGATE: $1,000,000
UNLIMITED PRIOR ACTS
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached It more space Is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED ANDTHE POLICY 'I ERM(S] REPERENC£D.
Raw Water Treatment improvements. City of Round Rack, its officers, employees, and elected officials are additional insureds as respects general liability and auto liability,
and these coverages are primary and non-contributory, as required by written contract. (SITE ATTACHED.)
GLIK I IFIGA I L
20314530
City of Round Rock
Assistant City Manager
221 East Main Street
Round Rock TX 78664-5299
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED
rights reserved.
ACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONWLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (USO Only It more apace Is requlredi
Waiver of subrogation applies to general liability, auto liability, and workers compensation/employer's liability where
allowed by state law and as required by written contract. General Liability, Auto Liability & Workers' Compensation
Deductibles: NIA. Professional Liability Deductible: $500,000. Contractual liability is included in the general liability
subject to the policy terms, conditions and exclusions. Thirty (30) days' notice of cancellation by the insurer will be provided
to the Certificate Holder, ten (10) days' notice in the event of non-payment of premium.
ACORD 25 (2016103) Certificate Holdcr ID: 20314530
Attachment Code; D5731 19 Certificate ID: 20314530
POLICY NUMBER: 0313-9010
ENDORSEMENT
NOTICE OF CANCELLATION TO DESIGNATED ENTITY(IES)
Policy No. 0313-9010
Issued to Carollo Engineers, Inc.
Issued by Allied World Surplus Lines Insurance Company
In consideration of the premium charged, it is hereby agreed that Section Vlll. CONDITIONS,
Subsection H. is amended to include the following:
In the event of cancellation or non -renewal of this Policy, the Company will provide a thirty day
notice to the entity with whom the Named Insured has agreed, pursuant to a prior written
contract, to provide to such entity with a notice of cancellation or non -renewal, Provided,
however, that in the event of cancellation for non-payment of premium, the Company shall
provide to such entity a ten-day notice of cancellation before the effective date of cancellation.
In addition, in the event of a reduction in the Limits of Liability of this Policy not resulting from
payment of Damages or Defense Expenses, the Company will provide a sixty-day notice to the
entity with whom the Named Insured has agreed with, pursuant to a prior written contract, to
provide such entity with a notice of such reduction in limits.
As a condition precedent to providing the notices specified above, the Named Insured will
provide the Company, within ten (10) business days of the Company's request, the names and
addresses of the entities with whom the Named Insured agreed to provide the notices specified
above. In the event the Named Insured omits or fails to provide the foregoing information, the
Company shall not provide such notices.
The Company's failure to provide such notices will not extend the Policy cancellation date,
negate cancellation, non -renewal or reduction in limits, of this Policy. Nor shall such failure be
cause for legal action against the Company.
All other terms, conditions and limitations of this Policy shall remain unchanged.
CEI Manu (06/23)
Attachment Code: D586786 Certificate ID: 20314530
POLICY NUMBER: BAP 9730571
Notification to Others of Cancellation, Nonrenewal
or Reduction of Insurance
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial Automobile Coverage Part
A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than
nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the
first Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will
mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person
or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of insurance
due to payment of claims, we will mail or deliver notice of such reduction or restriction:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if
indicated in the Schedule below.
D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient
proof of such notice.
SCHEDULE
Name and Address of Other Person(s)
I Or anization s :
Number of Days Notice:
All certificate holders where notice of cancellation
Is required by written contract with the Named
30
Insured
All other terms and conditions of this policy remain unchanged.
U- CA- 811-A Cw (05110)
Includes copyrighted material of Insurance Services Office, Inc, with its permission.
Altachment Code: D573129 Certificate ID: 20314530
POLICY NUMBER: GLO 9730569
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
[]r nm=n1ra41nnr-0 I Location And Description Of Completed Operations
Any person or organization, other than an architect,
Any Location or project, other than a wrap-up or other
engineer or surveyor, whom you are required to add as
consolidated insurance program location or project for
an additional insured under this policy under a written
which insurance is otherwise separately provided to
contract mark or written agreement executed prior to
you by a wrap-up or other consolidated insurance
loss,
program
Information required to complete this Schedule, if not shown above will be shown in the Declarations.
A. Section 11— Who Is An Insured is amended B. With respect to the insurance afforded to
to include as an additional insured the
these additional insureds, the following
person(s) or organization(s) shown in the
is added to Section III — Limits Of
Schedule, but only with respect to liability for
Insurance:
"bodily injury" or "property damage" caused,
in whole or in part, by "your work" at the
If coverage provided to the additional
location designated and described in the
insured is required by a contract or
Schedule of this endorsement performed for
agreement, the most we will pay on
that additional insured and included in the
behalf of the additional insured is the
"products -completed operations hazard".
amount of insurance:
However:
1. The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG20371219
1. Required by the contract or agreement;
or
2. Available under the applicable Limits of
Insurance;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance.
Attachment Code: D573181 Certificate TD: 20314530
POLICY NUMBER: GLO 9730569
COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
I Or Oroanizationfsl I Location(s) Of Covered Operations
Any person or organization, other than an architect, Any Location or project, other than a wrap-up or other
engineer or surveyor, whom you are required to add as consolidated insurance program location or project for
an additional insured under this policy under a written which insurance is otherwise separately provided to
contract or written agreement executed prior to loss. you by a wrap-up or other consolidated insurance
program
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
CG20101219
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Attachment Code: D573181 Certificate ID: 20314530
POLICY NUMBER: GLO 9730569
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III -- Limits Of Insurance:
2. Available under the applicable Limits of
Insurance;
whichever is less.
if coverage provided to the additional insured is This endorsement shall not increase the applicable
required by a contract or agreement, the most we Limits of Insurance.
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
CG20101219
Attachment Code: D586787 Certificate ID: 20314530
POLICY NUMBER: GLO 9730569
Notification to Others of Cancellation, Nonrenewal
or Reduction of Insurance
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
Liquor Liability Coverage Part
Products/Completed Operations Liability Coverage Part
A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than
nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first
Named Insured, or the longer number of days notice if indicated in the Schedule below.
B. If we cancel this Coverage Parl(s) by written notice to the first Named Insured for nonpayment of premium, we will mail
or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or
organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance
due to payment of claims, we will mail or deliver notice of such reduction or restriction:
1. To the name and address corresponding to each person or organization shown in the Schedule below; and
2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if
indicated in the Schedule below.
D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of
such notice.
SCHEDULE
Name and Address of Other Person(s)
I Organizations : Number of Days Notice:
All certificate holders where notice of cancellation
is required by written contract with the Named 30
Insured
All other terms and conditions of this policy remain unchanged.
U-GL.1447-A CW (05/10)
Includes copyrighted malarial of Insurance Services Office, Inc., w-th ils permission.
Attachment Code D586789 Certificate ID: 20314530
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34
NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR
REDUCTION OF INSURANCE ENDORSEMENT
This endorsement is used to add the following to Part Six of the policy.
PART SIX
CONDITIONS
A. If we cancel or non -renew this policy by written notice to you for any reason other than nonpayment of
premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal to the name
and address corresponding to each person or organization shown in the Schedule below. Notification to
such person or organization will be provided at least 10 days prior to the effective date of the cancellation or
non -renewal, as advised in our notice to you, or the longer number of days notice if indicated in the
Schedule below.
B_ If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy
of such written notice of cancellation to the name and address corresponding to each person or
organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation.
C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due
to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address
corresponding to each person or organization shown in the Schedule below. Notification to such person or
organization will be provided at least 10 days prior to the effective date of the reduction or restriction, or the
longer number of days notice if indicated in the Schedule below.
D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be
sufficient proof of such notice_
SCHEDULE
Name and Address of Other Person(s)IOrganizations:
All Certificate holders where notice of
cancellation is required by written contract with
the Named
Number of Days Notice:
30
All other terms and conditions of this policy remain unchanged.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise staled.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Policy No. WC 9730570
Insured CAROLLO ENGINEERS, INC. WC 99 06 34
Insurance Company Zurich American Insurance Company
Atlachment Code: D573120 Cewficate 1D: 203145'10
POLICY NUMBER COMMERCIAL AUTO
BAP 9730571 CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated
below.
Named Insured, Zurich American Insurance Company
Endorsement Effective Date: 7/4/2023
SCHEDULE
Name(s) Of Person(s) Or Organization(s);
Any person or organization you are required to waive your rights of recovery in a written contract, agreement or
permit with the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. i
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior
to the "accident" or the "loss" under a contract with
that person or organization.
CA04441013
Attachment Code: D573125 Certificate ID: 20314530
POLICY NUMBER: BAP 9730571
COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the inception dale of the policy unless another date is indicated
below.
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization to whom or which you are required to provide additional insured status or additional
insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to
loss, except where such contract or agreement is prohibited by law.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only 10 the extent that person or organization qualifies
as an "insured" under the Who Is An Insured provision
contained in Paragraph A.I. of Section II — Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section t — Covered Autos Coverages of the Auto
Dealers Coverage Form
CA20481013
Waiver Of Subrogation (Blanket) Endorsement
Policy No. GLO 9730569
Eff. Date of Pol. 7/4/2023
Exp. Date of Pol. 7/4/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive
your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights
applies only with respect to the above contract(s) and shall not be construed to be a waiver with
respect to any other operations in which the insured has no contractual interest.
U-G L-925-A CW (12/01)
Attachment Code: D573128 Certificate ID: 20314530
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization you are required to waive your rights of recovery in a written contract, agreement or
permit with the Named Insured.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated.
(The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.)
Policy No. WC 9730570
Insured CAROLLO ENGINEERS, INC.
Insurance Company Zurich American Insurance Company
WC 00 0313
Attachment Code: D579070 Cerlificate ID: 20314530
POLICY NUMBER: GLO 9730569
Other Insurance Amendment - Primary and Non -Contributory
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
This insurance is primary insurance to and will not seek contribution from any other insurance available to an
additional insured under this policy provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by a written contract or written agreement that this insurance would be primary and would not
seek contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
Providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in
which the additional insured is a Named Insured on such other policy and where our policy is required by written
contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis.
All other terms and conditions of this policy remain unchanged.
U-GL-1327-B CW (04/13)