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CM-2024-110 - 3/29/2024ROUND ROCK TExAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: HAZEN AND SAWYER ("Engineer") ADDRESS: Barton Oaks III, 901 Mopac Expressway South, Suite 305, Austin, TX 78746 PROJECT: Cottonwood Lift Station and Force Main THE STATE OF TEXAS § COUNTY OF WILLIAMSON § TH ' CONTR T FOR :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, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Time and Materials Engineering Services Contract Rev. 02i22 0199.202409;4861-5504-0172 00296523 mil- 2v 211-11e I 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 Sery ices." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (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 Pee 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 -Eight Thousand Five Hundred Twenty -Nine and 491100 Dollars, ($88,529.49). 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 S 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 3 Engineer of the responsibility of correcting any errors andlor 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: Adam Levy, MS, PE Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number (512) 218-5555 Mobile Number (512) 341-3394 4 Fax Number NIA Email Address alevyuzroundrocktexas.gov 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: Marcela Tunon Sion, PE Associate Barton Oaks ill, 901 Mopac Expressway South, Suite 305 Austin, TX 78746 Telephone Number (512) 717-3430 Fax Number NIA Email Address msion; hazenandsawyer.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and./or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/shelit has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, helshelit 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. lti 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. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMSIBREACH 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 9 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 10 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 No1100 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 by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of hislherrits 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 an&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 helshe'it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his?her?its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSITRANCV (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 (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) 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: 12 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. 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. 13 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: Marcela Tunon Sion, PE Associate Barton Oaks 111, 901 Mopac Expressway South, Suite 305 Austin, TX 78746 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 hislhenlits 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 14 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. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. 15 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 pages folloiij V HAZEN AND SAWYER By: ' Signature of Principal Printed Name:�N �LL 17 CITY OF ROUND ROCK, TEXAS By: # Iv ey, City Manager ATTEST: B [eagan S , City erk APPROVED AS TO FORM: Stephanie L. Sandre, City Attorney 11.3 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 Hazen EXHIBIT A CITY SERVICES City of Round Rock February 29. 2024 The City of Round Rock (City) will provide the following information and other assistance to the Engineer that the City deems appropriate and necessary: Any readily available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of the following information in a format chosen by the City: o Flow projections o SewerGEMS model o Relevant record drawings for reference University Heights Lift Station project o Relevant collection system record drawings o Available geotechnical information from recent City projects in the area o Available GiS shapefiles to assist in the preliminary analysis which may include ground surface contours, easement layers, existing parcels, street rights -of -way, existing water and wastewater utilities, and conceptual sewer mains and force mains developed as part of the Master Plan o Preferred generator manufacturer and model (operations and maintenance manual, if available) o Relevant City design standards and details o Contact information for point of contact at Jonah Water Special Utility District, TXDOT, and Oncor • Clear direction and/or response to questions or requests made by the Engineer during the Engineer's performance of services. • Timely review of deliverables that have been properly completed and submitted by the Engineer; and timely provisions of comments, if any, to the Engineer resulting from said reviews. • Meet with the Engineer on an as -needed basis to facilitate performance of the Work. • Arrange for the Engineer and their Sub -Consultants to access public and private property as required to perform services under this contract, if necessary. hazenandsawyer.com Hazen EXHIBIT B ENGINEERING SERVICES Cottonwood Lift Station and Force Main Preliminary Engineering Services — Scope and Fee Proposal Introduction February 21. 2024 The CoRR has identified the need for a new 1.5 MGD lift station to convey flows from projected development north of Chandler Road. In addition, the CoRR's 10-year CIP Wastewater Master Plan Addendum (Master Plan) issued in November 2023 by HDR Engineering, Inc., includes approximately 13,440 LF of 8-inch through 15-inch gravity sanitary sewers, and 4,385 LF of 10-inch force main to convey these flows. Hazen will perform preliminary hydraulic calculations, agency coordination, site, and right-of-way (ROW) analysis, and develop cost estimates for Basis of Design documentation for the project. The Basis of Design will adhere to all applicable federal, state, and local regulations, in compliance with the CoRR's design standards. The level of detail will conform to industry standards for conceptual Basis of Design (<30%) documentation to guide future design phases that include recommendations for the CoRR to acquire real estate and ROW, permit, and develop bid and construction documents for the project. The detailed scope of the services is described below. Task 100 - Preliminary Investigation As part of the this Task, Hazen will perform the following: A review of the existing information provided by the CoRR. At a minimum, the following information will be provided by the CoRR: o Flow projections and SewerGEMS model o Relevant record drawings for reference lift station project (University Heights LS) in PDF o Relevant collection system record drawings o Available geotechnical information from recent CoRR projects in the area o Available GIS shapefiles to assist in the preliminary analysis which may include ground surface contours, easement layers, existing parcels, street rights -of -way, existing water and wastewater utilities, and conceptual sewer mains and force mains developed as part of the Master Plan u Preferred generator manufacturer and model (operations and maintenance manual, if available) o Relevant City design standards and details o Contact information for point of contact at Jonah Water Special Utility District, TXDOT, and Oncor Cottonwood Lift Station and Force _Main City of Round Rock Page 1 of 5 Hazen February 21, 2024 + A review of publicly available well logs for wells in the area. A site visit to document existing conditions of the project area, and identify potential pipeline routes and plift station sites. A desktop evaluation of geotechnical conditions within the project area based on the historical geotechnical data provided by the CoRR and publicly available geotechnical information. Results will inform the evaluation of construction methods and determination of requirements for the detailed geotechnical investigation to be conducted prior to the final design. Task 101 — Confirm Pipeline and Lift Station Sizing This Task will include evaluation of the system proposed in the Master Plan to confine the assumed facilities sizing as follows: Based on the wastewater flow projections provided by the CoRR, Hazen will perform calculations to determine the following: o Required lift station capacity o Required wet well sizing and depth o Sizing and incoming depth of upstream gravity sewer mains o Sizing and outgoing depth of the lift station discharge force main o Preliminary sizing and number of pumps Hazen will identify and incorporate the following: o Provisions for flow metering o Provisions for odor control o Provisions for temporary and permanent power The evaluation will assume the system to be in accordance with TCEQ design criteria for wastewater collection systems, or any CoRR standards that exceed minimum TCEQ requirements. Lift station calculations will include preliminary wet well and pump sizing. It will be assumed that the lift station will be submersible type. To further inform the approximate footprint of the lift station, Hazen will make preliminary assumptions on the number of pumps. The final system head curve development, pump selection, and lift station design are not included in this scope of services. Task 102 — Lift Station Siting Evaluation This Task will include the following: + Hazen will perform a siting evaluation for the proposed lift station. Minimum site requirements will be based on TCEQ and CoRR standards. The site footprint will also be based on typical Cottonwood Lift Station and Force Nfain City of Round Rock Page 2 of 5 Hazen February 21, 2024 existing CoRR lift station sites. Hazen will investigate multiple sites and provide a detailed site evaluation for the top two options based on factors including but not limited to the following: o Floodplain o Site accessibility a Access to utilities (water and power) Impacts to property owners Impacts to upstream gravity sewer installations (additional length, additional creek crossings, etc.) The sites will be evaluated based on the comparison of advantages and disadvantages, and presented to the CoRR. Hazen will meet with the CoRR to receive feedback and collaborate on site selection. • The following sub -tasks are included under Task 102: o One visit to the project location by the design team to visually inspect and document the area with photos. o Coordination with utilities to determine service availability and requirements to obtain services. o Siting recommendation, including relevant site photos, preliminary site maps, and comparison tables. r: One meeting with the CoRR to review and gain consensus on the final site recommendation. Task 103 — Preliminary Pipeline Design Evaluation Based on the lift station siting and preliminary sizing evaluation, Hazen will adjust the preliminary pipeline alignments identified in the Master Plan. Hazen will identify a minimum pipeline depth for the incoming upstream gravity sewer mains and the outgoing discharge force main. This review will focus on major cost items and project constraints, such as linear footage, affected parcels, and creekldrainageway crossings to revise the preliminary pipeline alignment as needed. This will not be a detailed corridor or an alignment study. Task 104 — Regulatory Review and Easement and Land Acquisition Plan As part of this Task, Hazen will complete the following: Identify required permits for the installation of the lift station and pipelines. Document requirements and develop an action plan for each required permit. Cottonwood Lift Station and Force Main City of (Zonnd Rock Page 3 of 5 Hazen February 21, 2024 Document the preliminary real estate acquisition requirements based on the lift station siting and pipeline alignments. Documentation is assumed to include fee simple acquisition requirements of the lift station site and easements for pipelines. • Identify all property owners and approximate area (square footage) required for acquisition from each, and develop a preliminary line list for inclusion in the Basis of Design document. Task 105 — Basis of Design Document The preliminary evaluations will be documented and a Basis of Design developed to address each above - mentioned element of the project. A preliminary Opinion of Probable Construction Cost (OPCC) will be developed for the recommended improvements. Costs for fee simple and easement acquisition shall be based on square foot unit costs provided by the CoRR. The Basis of Design will be documented in a technical memorandum format, and will include maps, drawings, and graphics. The deliverable will be transmitted to the CoRR in an electronic (PDF) format. Meetings The following meetings are assumed for the project: • One, 2-hour kickoff meeting to present, review design concepts and coordination, followed by a site vist • One, 1-hour meeting to discuss and gain consensus on the recommended lift station site (Assumed Virtual or Hybrid) • One, 2-hour Basis of Design Document review and City comment meeting (Assumed Virtual or Hybrid) • Monthly status update calls with CoRR staff throughout project duration (Assumed Virtual or Hybrid) Exclusions The following items are not included in this scope of services: • Land surveying • Geotechnical investigation and soil borings • Environmental, cultural resources, and threatened and endangered species surveys • Wetlands and jurisdictional waters determinations • Future development and flow projections • Final system head curve development • Final pump selection • Preliminary Engineering Report • Detailed design services for pipelines or lift station • Bid/construction drawings and specifications Cottonwood Lift Station and Force Main Cit}' of Round Rock Page 4 of 5 Hazen February 21, 2024 • Easement acquisition support, including contacting property owners, preparation of easement legal descriptions, etc. • Permit assistance (e.g., applying for and obtaining permits) • Future updates to preliminary OPCC • Evaluation of wet weather storage alternatives • Evaluation of upgrades to receiving sewers or other downstream facilities • SCADA connections (CoRR SCADA is cellular) Compensation Hazen proposed to perform the above -stated scope for a fee of $88,530.00, to be paid on a time and materials basis. Schedule Hazen proposes to complete this scope of services within six months of issuance of Notice to Proceed. Cottonwood Lift Station and Force Main City of Round Rock Page 5 of 5 Hazen February 21, 2024 Appendix A: Cottonwood LS and FM CIP Summary Sheet Cottonwood Lift Station and Force INfain City of Round Rock A-1 Capital Improvements Plan Project ID: Cottonwood LS and FM CIP Year: 2025 Vicinity Map: IF x5 *1 r-th *F v,rw JR COI OUN 0 ROCK TExA5 Proiect Description and Location: Build approximately 13,440 LF of 8-inch through 15-inch sanitary sewer line, a new 1.5 MGD capacity lift station and 4,385 LF of 10-inch force main to convey flows on the northeast side of the City. These extensions will be necessary to convey the flows from future new development on the northeast side of the City into the existing wastewater system. Future extensions are expected to serve developmens north of Chandler Road. Planning I gyps nnininn of PrnhahlP Cnnctriirtinn Cnct Description Quantity Unit Unit Price Total 8" PVC Sanitary Sewer Line 2,420 LF $90 $217,800 10" PVC Sanitary Sewer Line 7,190 LF $100 $719,020 15" PVC Sanitary Sewer Line 3,830 LF $160 $612,832 New Cottonwood Lift Station 1 L5 $2,500,000 $2,500,000 10"Force Main 4,385 LF $115 $504,275 Standard Manholes 35 EA $15,000 $525,000 Boring Under Highway 500 LF $750 $375,000 Subtotal. Misc items 10% $545,393 Construction a . ,.. Professional services 25% $1,499,930 Contingency 30% $1,799,796 Market volatilty 10a0 $599,932 Project Total $9,899,000 FN EXHIBIT C WORK SCHEDULE Attached Behind This Page # I�l � ] [ ■ � | 3 a m � � t\ /j- f $ � � ƒ z � ! § , � )§�2/k/k/ 23/ IT \ � �\ )\)\\)}k\�\ )\\ �\ ) ) ;; t g a m § . § m 2& M � ` ^ r - } ; 2a a- t _ } `§ �f ! )� ` a1a2 `�)\k§�\a)Qa�)= � | -_«7§_;irte# z ; jai tK » $kJ\-0 35ate- ®;§"It{�a�•��g2);2a )) k k k k k ■ k■ k k k k % k 40 go \ \ } 43 § § \ � | ! 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W a a v Z I a L rcgr 3 � _ g t r� d �a 3 a- Z � ) § § ■ § # « s . . . . 2 . . . 2 ■ # e § § § � § ■ . „ , e � � ® � � e l � & � { k ■ { f ƒ ■ - R f ! $ � ■ EXHIBIT E CERTIFICATES OF INSURANCE Attached Behind This Page HAZE&SA-01 KGODWIN ACORO' CERTIFICATE OF LIABILITY INSURANCE DATEYYY) 31812028/2024 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 MONTACT Ames & Gough PHONE 8300 Greensboro Drive ice. No, Ext)_,(703) 82T-22T7 fLcc, Noi_(703) 827-2279 Suite 980 -ISkss:.admin@amosgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: American Casualty Co of Reading, PA A(XV)_ 20427 INSURED INSURERB:Continental Insurance Company A(XV) 35289 Hazen and Sawyer INSURER C: Conti nenta I Casualty Company_(CNA) A, XV 20443 498 Seventh Avenue INSURER D : New York, NY 10018 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ^ J OCCUR 7036845683 3/2912023 3/2912024 DAMAGE TO RENTED 11000,000 PREMISES (Ea occurrence) 5 X Contractual Llab. 15,000 MEO EXP (Any one person) 5 PERSONAL & ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 _ POLICY �X� s i LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: I I $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea acadeno $ X ANY AUTO '7036845635 3129/2023 3/29/2024 BODILY INJURY (Per person) $ OWNED SCHEDULED I AUTOSONLYAUTOS SSyyNEp BODILY INJURY (Per accldent), S AUTOS ONLY AI3TOSONLY P�aE�RTYtpAMAGE 5 Comp./Coll. Ded 5 1,000 UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR EXCESSLUIB CLAIMS -MADE AGGREGATE S DED RETENTION $ 5 X STATUTE ERPER H A AND EMPLCOMPENSATION YERS' L AABILIITI YIN 7036845652 3/29/2023 3/2912024 E L EACH ACCIDENT 5 i'000,000 ANY N N f A CPRROlPMRIIETgOFWARTNER(EXECUTIVE EXCLUDED? 1,000,000 IanAatary in NH) E L DISEASE - EA EMPLOYEE 5 IF yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT C Professional Liab. AEH008231489 3/29/2023 3/29/2024 Per Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 401, Additional Remarks Schedule, may be attached if more space Is required) RE: ALL PROJECTSIOPERATIONS The City of Round Rock, TX is included as additional Insured with respect to General Liability and Automobile Liability when required by written contract. General Liability and Automobile Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, and Workers Compensation policies include a waiver of subrogation in favor of the additional Insureds where permissible by state law and when required by written contract. 30-day Notice of Cancellation will be Issued for the General Liability, Automobile Liability, Workers Compensation and Professional Liability policies in accordance with policy terns and SEE ATTACHED ACORD 101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI Of Round Rock, TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 221 East Main Street Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © i988-20i5 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HAZE&SA-01 LOCO. 0 A� ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Ames & Gough 498 Seventh Avenue POUCY NUMBER _ Now York, NY 10018 EE PAGE 1 CARRIER T NAIC CODE EE PAGE 1 ISEE P 1 EFFECTIVE DATE: = PAGE I ADDITIONAL REMARKS ! THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance Description of OperationslLocationsNehicles: conditions. Pollution Liability coverage is provided and included within the Professional Liability policy noted above. It shares the limits of the Professional Liability policy. KGODWIN Page 1 of 1 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD w 0 i ■ r