GM-13-02-06-043 �� BRUSHY CREEK
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGINEERING SERVICES
FIRM: LOCKWOOD_ANDREWS �NEWNAM_INC. ("Engineer")
ADDRESS: 10801 N -th M P E Bld 1 S 't 120 A ti TX 78759
PROJECT: BCRUA Re 1 W t �S 1 P t—PI 2 D W t �II tak S't A 'f d
Plarnrine
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §�
T S CONTR.�T'�'OR ENGINEERING SERVICES ("Conhsct") is mad¢and entered into on
this th�day of l-lJ>� 2013 by and between the BRUSHY CREEK REGIONAL UTILITY
AUTHORITY, a Texas local goveravnent corpoaatioo, whose of£ces are located at 221 East Main
Street, Romrd Rock, Texas 78664-5299, (hereiaaaRer mfenti:d to as "BCRUA"), and Engineer, and such
Contract is for the purpose of contractiarg for professional engineering services.
RECITALS:
WIIEREAS, V.T.Q.A., Gavenmrent Code §2254.002(2)(A)(vii) corder Subchapter A altitled
"Professional Seavicea Procurement Act"provides for the procurement by municipalities of services of
professional engineers;and
WIIHREAS,BCRUA and Engineer desire to contract for such professional enghreering services;
and
WHEREAS, BCRUA and Engineer wish to document their agreement concerning the
requirements and respectiv¢obligations of the parties;
NOW,THEREFORE,WITNESSETH:
That fnr and in considetatiou of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
perFonried by the respective parties hereto, it is agreed as follows:
Enginea:ing Services Connect 2ev.OG/12
Ot40-4634-33;00265996 196074
C!M-/3-62-bG-OAFS 1
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits atmched hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 73) which are subsequently issued. These form the emir¢ contract, and all
are as fully a part of this Contract as if attached to this Contract or acpeated herein.
ARTICLE 1
BCRUA SERVICES
BCRUA shall peafoam or provide services as identified in Exhibit A entitled"BCRUA Seavices."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Seavices as identified in Exhibit B entitled "Engiaaeering
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 Conh^act may be accomplished within the specified
time seed at the specified cost. The Work Schedule shall paovide specific work sequences and definite
review times by BCRUA and Engineer of all Hngineering Services. Should the review times or
Engineering Seavices 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 General Manager. •
ART[CLE 3
CONTRACT TE12M
(1) Term. The Engineer is expected to coanple[e the Engineering Services described herein in
aceardance with tlae above described Work Schedule. If Engineer does not peafonn the Engineering
Services in accordance with tlae Work Schedule, then BCRUA shall leave the right to terminate this
Contract as set forth below in P.aticle 20. So long as the BCRUA elects not to terminate tltis Contract, it
stash continue from day to day until such time as the Engineering Services aro completed. Aaay
Engineering Services performed w-costs iucuracd after the date of termination shall not be eligible for
mimMirsement. Engineer shall notify BCRUA 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 tlaat the Work Schedule is of critical importance,
and agrees to under[ak¢ all necessary efforts to expedite the perForanance of Engineering Seavices
acquired herein so that construction of the project will be commenced and cwnpleted 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 persoamel and consultants necessary to faally and timely
accomplish aLL Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by BCRUA to proceed as parovided ha Article 7.
ARTICLE 4
COMPENSATION
BCRUA shall pay and Engineer agrees to accept the amoamt shown below as fiall compensation
for the Engiaaeering Services performed and to be perFormed under this Contract.
The amount payable under ffiis Contract, without modificatiwa of the Contract as provided
hemiaa, is the sum of F Y -N' TI d S H d� d E' •I tv-TI � ad N /100 D 11
($49.783.001 as shown in Exhibit D. Tlaa ]unap sum amount payable shall be a�vised equitably only by
mitten Supplemental Contract in the event of a change in Engineering Seaviees as authorized by
BCRUA.
Engineer shall prepares and submit to BCRUA monthly progress reports in sufficieart detail to
support the progress of dee Engineerirag Services and to support invoices requesting monthly payment.
Aaay preferred Format of BCRUA for such monthly progress reports shall be identi£ed in Exhibit B.
Satisfacrory progress o£Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
perfnrnaed only if approved by written Supplemental Conh�act.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to BCRUA, not more fi'egmently than once per month, a progress anport 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
o£ such progress report, Engineer shall prepare and submit ogre (7) original and one (1) copy of a
certified invoice in a furan acceptable to BCRUA. This submittal steal] also iuelude a progress
assessment report in a form acceptable to BCRUA.
Paogress payments shall ba made in proportion to the pernentage of completion o£Engineering
Services identified in Exhibit D. Progress payments shall be anade by BCRUA based upon Engineering
Services actually provided and peaYomaed. Upon timely receipt seed apparoval of each statement,BCRUA
shall make a good faith effmk to pay the amount which is due and payable within thiaky (30) days.
BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering
Services peafarmed. Engineer has the responsibility to submit proof to BCRUA,adequate and sufficient
in its determination,that tasks ware completed.
The certified statements shall show the total amount earned to the date of subanission and shall
show the amount dace end payable as of the date of the current smteanent. Final payanent does not relieve
Engineer of the responsibility of correcting any suers and/or omissions resultnag fi�oan his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Croveimnent Code, payment tc Engineer
will be made within thirty (30) days of the day on which the performance of seavices was complete, or
within thirty (30)days of fire day on which BCRUA receives a correct invoice for services, whichever is
later. Engineer anay charge a late fee (fee shall not be greater than that which is paranitted by Texas law)
for payments not made iai accordance with this pmanpt payment policy; however, this policy does not
apply in the event:
A. There is a bona Fde dispute between BCRUA and Engineer concerning Hae supplies,
materials, or equipment delivered or the seavices perFoa�caed that causes the payment tc be
late; or
B. The terms of a federal ooutracq grant,regulation, or statute pacvent BCRUA from makiarg
a timely payment with federal foods; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subconhactor and its supplier concerning supplies, anaterials, or equipment delivered or
the Engineering Services performed which causes the payment tc be late;or
D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the
purdtase order,or this Contract or other such contaach�al agreement.
BCRUA shall docwnent to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoic¢. Any non-disputed invoices shall be consider¢d correct end
payable per the terns of Chapter 2251,V.T.C.A.,Texas 6oveamnent Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a
written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work
performed or costs iarcun-ed by Engineer a�lated to awry task for which a Notice to Paroceed has not been
issued.
ARTICLE 8
PRO.IECT TEAM
BCRUA's Designated Representative for purposes of ffiis Contract is as follows:
Sam P.Robeats,P.E.
Assistant City Maatag¢r�Public Works 8e Development Seavices
City of Cedar Park
450 Cypress Creek Rd. � Cedar Park,Texas 78613
Telephone Number(512)401-5368
Email Address sazn.aobertsQcedatparktaxas.gov
4
BCRUA's Designated Representative shall bo authorized to act on BCRUA's behalf with
respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a
timely maamer pertaining to documents submitted by Engineer in order to avoid urss�easonable delay in
the orderly end segtaential progress of Engineering Services.
Eaagineer's Designated Representative for purposes of this Contract is as follows:
Drew Hardin,P.E.
Regioa>ral Director,Vice President
10801 North MoPac Hxpr-essway,Bldg 1,Suite 120
Austin,T7C 78759
Telephone Number(512) 338-2719
Fax Number(512)338-4942
Eanail Address DPHardin�r len-inc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, fiam time to three duaiarg the progress of the Engineering Services, ceafer with
BCRUA at BCRUA's olectiwa. Engineer shall prepare and present staph information as may be pertinent
aced necessary, or as may be requested by BCRUA, in order far BCRUA to evaluate features of the
Engineering Services. At the request of HCRUA or Engineer, conferences shall be provided at
Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested
by BCRUA, such conferences shall also include evaluation o£the Engineering Services.
Should BCRUA determine that [he progress in Engineering Services does not satisfy the Work
Schedule. then BCRUA shall review the Work Schedule with Engineer to determine coracctive action
required.
Engineer shall promptly advise BCRUA in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, iarcluding but not limited to the
following:
(1) Prableurs, delays, adverse conditions which may materially affect the ability to meet the
objectives of Uta Work Sclredrile, or prechide the attainment ofpaaject Eaagineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and BCRUA 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 YO
SUSPENSION
Should BCRUA desire to suspend the Engineering Seavices, but not to terminate this Contract,
then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal
notification followed by wa-itteaa co�ranation to that effect. Such thirty-day notice may be waived in
writing by agreement and signature of both parties. The Engineering Seavices may be reinstated and
aesumed in fidl fore¢ and effect within sixty (60) days of receipt of written notice from BCRUA to
resume the Engineering Services. Suck sixty-day notice anay be waived in writing by agreement and
signature of both panties. If this Contract is suspended for more than thirty (30) days, Engineer shall
have the option of terminating this Conn-act.
If BCRUA suspends the Engineering Services, the coaariact period as determined in Article 3,
amd the Wark Schedule,shall be extended for a time period equal to the suspension period.
BCRUA assumes no liability for Engineering Services performed or costs incurred prier to the
date authorized by BCRUA For Engineer to begin Engineering Services, and/or duaing periods when
Engineeeing Services is suspended,and/or subsequent to floe contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond t(ae scope of this Contraact and as such constirirtes extra work, 6e/she/it shall proanptly notify
BCRUA in waiting. Tn the event BCRUA finds that such work does constitute extra work and exceeds
the maxianum 9attomnt payable, BCRUA shad so advise Engineer and a written Supplemental Cmntract
will be executed between the patties as panvided in Article l3.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. BCRUA shall not b¢ responsible For actions by Engineer nor for any costs
iaacurred by Eatgineer relating to additional work not directly associated with the perFontnance of the
Engineering Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If BCRUA deems it necessaay to request changes to previously satisfactorily coanpleted
Engineering Services or parts thereof which involve changes to the original Engineea-ing Services or
character of Engineea-ing S¢avices ander this Conn-act, then Engineer shall snake such revisions as
a�quested and as directed by BCRUA. Such revisions shall be considered as additional Engineering
Services end paid for as speciFied under Article i 1.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
cornett earoas appearing therein, when required to do so by BCRUA. No additimtal compensation shall
be due foo-such Engineering Services.
6
ARTICL>; 13
SUPPLEMCNTAL CONTRACTS
The terms of this Contract Wray be modified by written Supplemental Contract if BCRUA
dcterminas that there has been a significant change in Q) the scope, complexity or character of the
Engineering Services, or(2)the duration of the Engineering Services. Any such Supplemental Connect
must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract
has been executed. Additional compensation,if appropriate, shall be identiRed as provided in Articie 4.
It is understood and agreed by seed between both patties that fingineer shall malts no claiau for
extra work done or materials furnished until the BCRUA authorizes fiall exeoution of Hte written
Supplemental Contract and authorization to panceed. BCRUA reserves the right to withhold paymean
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSIIII'OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the teams of this Contract etc the exclusive property of BCRUA and shall be
fiu-nished to HCRUA upma a-equest_All docuanents pnepatred by Engineer and all documents furnished to
Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract.
Engineer, at its own expense, may retain copies of such documents or any other data which it has
fiu-nished BCRUA under Hris Comaect. Any re-ase by BCRUA shall be at the BCRUA's sole risk and
expense and without liability to the Engineer.
ARTICLE 15
PERSONNEL_EOU[PMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Seavices, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such Imowledge seed experiwtce as will
enable thong to perform the duties assigned to them. Awry employee of Engineer who, in Ht¢ opinion of
BCRUA, is incompetent or whose conduct becomes detrianantal to flee Enghaeering Services shaLL
innnediate(y be t�moved from association with the project when so instructed by BCRUA. Engineer
certifies that it presently has adequate qualified peasoamel in its eanployment for performance of [he
Engineering Services required under this Contract, or will obtain such personnel from sources other
than BCRUA. Engineer may not change the Project Manager without prior waitten consent of BCRUA.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or nansFer any portion of the Engineering Seavices under
this Contract without prior written appaoval From BCRUA.All subcontracts shall include the panvisions
required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Hngineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contrract.
7
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
BCRUA, m• any authorized representatives of it, shalt luaus the right at a[I a'easonable times to
review or otherwise evaluate the Engineering Services pea•formed 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 slrall provide and require its subconhsctors to provide all
reasonable facilities and assistance for the safety and convenient¢ of BCRUA or other repa-esentatives
in the perForanance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable shidy reports shall be submitted in preliminary Form fur approval 6y BCRUA
befoa-e any Final report is issued. BCRUA's comments on Engineer's preliminaay reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMSB[i-EACH OF CONTRACT
Violation of contract terns or breach of contraot by Engineer shall 6e grounds For t¢ranhaation of
this Conhnct, and any increased costs arising from Engineer's de Fault, breach of con4act, or violation
of contract teens shall be paid by Engineer-
ARTICLE 20
TERMINATION
This Conhact may be terminated as set forth below.
(1) By nnmaal agreement and consenq in writing, of both parties.
(2) By BCRUA, by notice in writing to Engineer, as a consequence of failure by Engineer
to perforin the Engineering Services set forth herein in a satisfactory mamror.
(3) By either party, upon the failure of the other party [o fulfill its obligations as set forth
lxerein.
(4) By BCRUA, for reasoaas of its own and not subject to the muhud consent of Engineer,
upon not less than thirty (30)days' waitt¢n notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should BCRUA terminate this Contract as herein provided, no fees other than Fees due and
payable at tlae tune of termination shall thereaf4er be paid to Engineer In determining the value of the
Engineering Services performed by Engineer prior to tw�mination, BCRUA shall be the sole judge.
Compensation Foa•Engiaxeering Services at termination will be based on a percentage of the Engineering
8
S¢rvices compl¢ted aC that time. Should BCRUA tevminate this Contract under Subsection (4)
immediately above, then the aanount charged during the thirty-day notice period shall not exceed the
amonart charged during the preceding thirty(30)days.
If Engineer defaults in the per£ormaavee of this Contract or i£BCRUA terminates this Contract
for fault on [he part of Engineer, then BCRUA shall give consideration to the actual costs incurred by
Engineer in performing rise Engineering Sevvices to the dat¢ of default, the amonnt of Engineering
Services required which was satisfactorily completed to date of default, the value of the Engineering
Services which are usable to BCRUA, the cost to BCRUA of employing another fiam to complete the
Engineering Services required aavd the tine¢required to do so,and other factors which affect the value to
BCRUA of the Engineering Services performed a[the time of default.
The termination of this Contract aatd payment of an amonnt in settlement as prescribed above
shall extinguish all rights, duties, and obligatioaas of BCRUA and Engineer under this Conhnct, except
the obligations set fm-th herein in Ar[icle 21 entitled"Compliance with Laws."If the[eranination of this
Contract is due to the Failure of Engineer to fulfill his/hea/its contaactual obligations,then BCRUA easy
take over the panjec2 and prosecute the Engineering Services to completion. In such case,Engineer shall
be liable to BCRUA For any additional and reasmmble costs incurred by BCRUA.
Engineer shall b¢ responsible for the settlemen[ of all contractual and administrative issues
arising out of any procureanents made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 2I
COMPLIANCE WITH LAWS
(I) Compliance. Engineer shall comply wide all applicable federal, state and local laws,
statutes, codes, ovdinances, rales and regulations, and the orders acrd decneas of any court, or
administrative 6odi¢s or tribunals in any mavurer affecting the performance of this Contract, including
without limitation, miniuumv/anaxinnam salary and wage statutes and acgulations, and licensing laws
and regadatiotu. Engineer shall finnish BCRUA wish satisFactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses requiand in the performance of the
Engineering Servic¢s centracled for herein.
(2) Taxes. Engineer will pay all taxes, if any, nequir¢d by law arising by virhte of the
Engineering Services performed hereunder. BCRUA is qualified for exemption pausnant to the
panvisions o£Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless BCRUA and its officers and employes from all claims
and liabilities due to activities of his/hes•/itselF and his/her/its agents or employees,perFonned under this
Contract, which are emased by oa- which result firm the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's diaection or control.
9
Engineer shall also save and hold BCRUA harmless flnm auy and all expenses, including but
not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise
defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities
by Engineer,its agents,or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineea- shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or conec[ions to its work product resulting fi-om erroa-s, omissions,
or negligrnt acts, and same shall be done without compensation. BCRUA shall determine Engineer's
responsibilities For all questions arising from design Drones and/or ondssions. Engineer shall not be
relieved of ansponsibility for subsequent correction of awry such arenas or omissions in its work product,
or for clari{cation of any ambiguities nntil ager tlae construction phase of the project lass barn
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registaation for Professional Engineers.
ARTICLE 25
NON COLLUSION FINANCIAL INTDRTST PROI-IIBITI;D
(1) Non-collusion. Engineer waraants that he/she/it has no[ eanployed or retained any coanpany
or Persons, other than a bona fide employee working solely for Engineer, to solicit or secure tlds
Conu-acq and that he/slre/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 awaad or making of this Cmttract. For breach or violation of this wan-anty, BCRUA resea-ves
and shall have [he right to annul this Contract without liability or, in its discretion and et its sole
election, [o deduct firm the contract price or compensation, or to otheawise recover, the fiafl amount of
such fee,comntissiwa,percentage,brokerage fee, giR or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
ids/taer/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 equipmrnt that will be
a-ecoarunearded or required for the construction of tlae project.
ARTICLE 26
INSURANCE
(I) Insurance. Engineer, at Engiaaeea-'s sole cost, shall purchase and maintain during the entire
term while this Contract is iu effect professional liability insurance coveasge in the anininnun amount of
One Million Dollars pea- claim from a company authorized to do insurance business in Texas and
10
ofherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-Four(24) houas of
receipt, of easy notices of expiration, cancellation, non-renewal, or material change in coverage i[
receives fiom its insurer.
(2) Sulaconsultant Insurance. Without limiting any of the other obligations or liabilities of
Enghaeer, Engineer shall require each aubconsultant performing work under this Contract to maintain
during tlae teen of this Contract, at the subconsultant's own expanse, the same stipulated minimum
insurance requiaed in Article 2G, Section (]) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
Engineer shall obtain and monitor the ceatificates of iau:urance from each subconsultant hr order
to assure compliance with the insurance nequia'enrents. Engineer must a-etain the certificates of insaasnce
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requia'ements among its subconsnitants, BCRUA shall be entitled, upon request and without expeaysq to
receive copies of these cetkificates of insurance.
(3) Insurance Policy Endorsenaenta. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall regaaire that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA
by certified snail to:
BCRUA General Manager
221 East Main Street
Round Roclq TX 78664
(b) The policy clause "Otla¢r Insurance" shall not apply to any insurance coverage currently
held by BCRUA,to any such future coverage,or to BCRUA's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secm-ed and maintained
by Engineer shall be home solely by Engineer, with ceakificates of insurance evidencing such minimum
coverage in force to be Fled with BCRUA. Sach Certificates o£Insurance era evidenced as Exhibit E
herein entitled"Certificates of Insurance"
ARTICLE 27
COPYRIGHTS
BCRUA shall have the avyalty-free,nonexclusive and in-evocable right to reproduc¢,publish or
otherwise use, and to authorize others to use, any repoaks developed by Engineer for goveanmental
purposes.
11
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
suce¢ssoas, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in par[, by opeastion of law or otherwise, without obtaiaaing the
prior written consent of BCRUA.
ARTICLE 29
SEVERABILITY
In the event any one or more of the previsions 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 afI'ec[ 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 cmastihites 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 heacto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to [he project, and recoads of accounts between BCRUA and Engineer, shall
be kept on a generally recognizeA accounting basis and shall ba available to BCRUA or its authorized
representatives at nmtually convenient times. The BCRUA reseaves the right io review all records it
deems relevazit which ana related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally detivercd
or mailed to such party at the followiatg respective addresses:
BCRUA:
Brushy Creek Regional Utility Authority
ACtention:BCRUA Geneaal Manager
221 Hast Main StreeT
Round Rock,TX 78664
12
and to:
St¢pltan L. Sheets
BCRUA Attorney
309 East Main Street
Aonnd Rock,TX 78664
Engineers
Drew Hardin,P.E.
Regional Director,Vice President
10801 North MoPac Expressway,Bldg I, Suite 120
Austin,TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any Failure of Engineer to complete the Hngineering Services for each phase of this Cwatract within
the agreed Work Schedule may constitute a material breach of this Contract. Engiu¢er shall be fully
acspansible for his/hea/its d¢lays or for failm�es to use his/hea/its a-easonable efforts in accordance with
the tarsus of this Contract and the Engineer's standard ofperfonnance as defined herein. Where damag¢
is caused to BCRUA due to Engine¢r's neglig¢nt Failure to perform BCRUA may accordingly withhold,
to the extent of such damage, Engineer's payments hereunder without waiver of any o£ BCRUA's
additioaual legal rights or remedies.
(2) Force MaJem•e. Neillaer BCRUA nor Engineer shall be deemed in violation of this
Contract if prevented from perforaning auy of their obligations hereunder by reasons for which they are
not acsponsible or ciaroumstances beyond their control. However,notice of such impediment or delay in
performaaue nmst be tian¢ly giveur,and all r¢asonable efforts undertaken[o mitigate its effects.
(3) Evfor¢ement and Venue. This ConKact shalt be enforceable in Round Rock, Williamson
Comtty,Texas, and if legal action is necessary by either peaty with respect to the enfoac¢ment 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 constaued in accordance with the laws and court decisions of
tlae Slate of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or fiunished by Engineer and its employees under this
Contract will be the care and skill oadinarily used by membeas of Engineer's profession practicing
uudar the same or similar circumstances at the same tune and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no waaranties, express or implied, under this Cwriract or otherwise,
in connection with the Engineering Services.
13
(5) Op4n4wt of Probable Cost. Any opiassons of probable project cost or probable construction
cost panvided by Engineer are made on the basis of iatforanation available to Engineer and on the basis
of Engineer's experience and qualiFcations and ropresearts its judgment as an¢xperienced and quali£ed
professional engineer. Howevea-, 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 pric¢s, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids oi-
acri�al panj ect or construction cast will not vary$one opinions of probable cost Engineer prepares-
(6) Opinions and Determinations- Where the ierans of this Contract provide for action to be
based upon opinion,judgment,approval,review, or determination of either panty hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment,approval,r¢view,
or detea-minatima to be arbitrary,capricious,or unreasonable.
ARTICLE 34
SZGNATOAY WARRANTY
The undersigned signatory for Engineer hereby represents and waaxants that the signatory is an
officer of the organization for which he/she has ¢xecuted 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 BCRUA to enter into this Conri-act.
IN WITNESS WHEREOF, the BCRUA of Round Rock leas caused this Contract to be signed
in its corporate name by its duly authorized BCRUA Manager or Mayor, as has Engineea-, signing by
and thanngla its duly authorized repreaeutative(s), thereby binding the parties hereto, thein• successors,
assigns and representatives for the faithfial and full perFoatnauce of the terms and provisions hereof.
BBRUSITY IONA�. L UTILITY AUTHORITY AP VED AS FORM:
Steph L- Sheets,BCR A Attorney
�jPtNA Q,�Roq�c R�T1
--zaCPSLr'S F: �h�tFwtn Ge-r�esc�� tl'Ln�14 se-�
BY:
fde a3o V,t_, t-rzr r -
LOCKWOOD,ANDREWS��/N/EWNAM,1NC.
Signariire of Principal
Printed Name:��.a1�0/�
14
T IST OF EXHIBITS ATTACHED
(1)Exhibit A BCRUA Services
(2)Exfiibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certtifiwtes o£Insurance
15
E�""IT A
BCRUA Services
Tha Brushy Creek Regional Utility Authority(BCRUA)wail furnish to the Engineer the following
Items/information:
1. Designate a person to act as BCRUA's representative with respect to the services to ba
performed or furnished by the Engineer. This representation will haJa authority to transmit
instructions, receive information, interpret and define BCRUA's policies antl decisions with
respect to Engineer's services.
2. Provitla all criteria and full information as to BCRUA's req uiramants for the project,
including objectives and constraints, space, capacity antl pertormance requirements,
flexibility and expandability, antl furnish copies of all design and construction standards
which BCRUA will require to be included in the Reports, Project Drawings and
Specifications.
3. Assist Engineer by placing all avallabla information pertinent to the Prc}act, including
previous reports and any other data relative to the design or construction of the Project at
the Engineer's tlisposal.
4. Furnish to Engineer, as requastatl for pertormance of basic services or as required by the
Contract Documents, the following:
a. Data prepared by or services of others, including without limitation explorations and
tests of subsurtace conditions al or contiguous to the alta, drawings of physical
conditions in or relating to existing surtace of subsurtaca structures at or contiguous
to the site;
b. Environmental assessments, audits, investigations and impact statements, and other
relevant environmental or cultural studies as to the Project, the site and adjacent
areas;
c. Examine alt alternate solutions, studies, reports, sketches, proposals and other
documanta presented by Engineer;
d. Provide such accounting, bond and financial advisory, independent cost estimating
and insurance counseling services and such legal services as City may require or
Engineer may reasonably request with regard to legal issues pertaining to the
Project;
e. Give prompt notice to Engineer whenever City observes or otherwise becomes
aware of any development that affects the scope or time of performance or furnishing
of Engineers services, or any defect or nonconformance in Engineer's services in
the work of any Contractor.
5. Payment of ail permitting fees including, but not limited to, TCEO, ROW Permitting,
Texas Historical Commission, USACE,Williamson County Habitat Conservation
Pian, and Wililamson County.
EXFIIBIT B
Engineering Services
GENERAL
The objective of this scope of work is to partorm Professional S¢rvices related to alta acquisition
and general project support services for the Phase 2 heap Water Intake and Pipeline project.
Th¢primary¢laments of the services include:
Acquisition of two properties for the Deep Water Intake and Pump Station Site 4. The
two properties are known as the Gross property and LCRA property.
General project support services as directed by BCRUA.
Specific services included in this Scope of Work are described herein:
SCOPE OF WORK
A. Project Support Sarvlcas. Provide general project support services on a time and material
basis as directed by BCRUA. Services may include, but ora not lim itad to, the following:
t. Proj¢ct administration. Conduct Internal project review meetings; prepare monthly
invoices; and provide project status reports monthly and submit with invoice.
2. Coordination with BCRUA Operations Oversight Committee (DOC) and Board of
Directors
3. Stakeholder coordination including property owners, Villages of Volanta, Travis County,
LCRA, and/or state legistativa officials.
4. Regulatory agency coordination Including Texas ParKs&Wildlife (TPW) and/or Texas
Water�avelopmant Board
5. Alternative 8 evaluation/consideration including TPW Chapter 26 hearing support,
coordination with environmental consultant, and/or other evaluation req uirad through
discussions with stakeholders/regulatory agencies
6. Public presanta{ions to stakeholders, regulatory agencies, and/or BCRUA Board.
7. Development of project and phasing schedule based on revised population projections
provid¢d by Citi¢s.
B. Site Acquisition Services. Acquisition of two properties for the Oaep Water Intake and
Pump Station Sita 4 on a time and material basis- Tha two properties are known as the
Gross property and LCRA property. Services Include:
1. Administration/Coordination. Attend up to three(3) project r¢view meetings; prepare
monthly invoices; provide project status reports monthly antl submit with invoice; provide
project tracking data; set up and maintain files; maintain records of ail payments to lantl
owners; provide copies of all correspondence; coordination with project team/consultants
as needed; and draft standard offer letters,final offer letters, etc. for us¢ (final approval
of format by BCRUA).
2. Negotiation Services. Pro-Offer preparation; site inspections' review construction
plans/anvironmantal documents; review appraisal in preparation for offer(appraisal
s¢rvices not included); contact property owners antl respond to requests for Information;
prepare offer letter antl offer package; review counter offers and make recommendations
1
to the BCRUA; prepare and send final offer letter(if needed); and preparation of
condemnation packet.
3. Title Curative Services. Obtain services of title company to provide title commitments
and till¢policies; review title commitments; review of restrictive covenants 8 other land
restrictions; coordinate title clearing/curative activities; and quality control/quality
assurenca on all curative matters.
4. Closing Services. Order updated comm(tmenE; prepare payment requests; schedule
closing; attend closing; ensure that the title company records all original instruments
immediately after closing in the respective County Clerk's Office; and ensure that title
policy is issued.
CLARIFICATIONS AND EXCLUSIONS
Tha following services era NOT included in this scope of work:
1. Condemnation Support. It is assumed that properties will be acquired through
negotiations. Expert testimony or condemnation support services shall 6a billed as
ind'eeated on Exhibit D—Fee Schedule.
2. Draft standard instruments of conveyance, releases, affidavits, etc. for use (final
approval of format by BCRUA).
3. Land Appraisal_ Appraisal of two propartias for the Deap Water Intake and Pump
Bratton Sita 4 known as the Gross property and LCRA property. Appraisals will estimate
just and adequate comp¢nsation and consider the land planning report as a basis for
acquisition of the propartias.
4. Land Planning. Produce a land planning report for the Gross Property that determines
the maximum development potential of the whole and remainder based on Town of
Volenta regulations, LCRA regulations, physical limitations, general market conditions,
utility availability. Services include:
a. Produce land plans For both Tha whole and the remainder
b. Invastlgata damages tc the remainder and report any found
c. Report findings from above in a written report
d. Coordinate with Client's appraiser to provide the above information in a form usable
by appraiser.
5. Additional boundary survey of proposed sites for purchase.
6. Property value impact study to determine potential impact to surrounding land value.
7. Additional environmental evaluation and/or permitting outside of permits obtained as part
of the 20'12 Environmantai Assessment by Jacobs Engineering.
8. Detailed hydro geological study and/or 9roundwatar tasting to determine impacts to
IndiWdual wells. Assume desktop analysis will be pertormed to identify general aquifers
in project area end characteristics thereof.
9. Obtaining jurisdictional permits from Village of Volente, LCRA, Travis County, and/or
other jurisdictional agencies.
2
E"T"^IT C
Work Schedule
Task Duration Start Complete
NTP 1/18/2073
Pro act Su ort 6 months 1/18/2013 7/18/2013
Land Planning Report 45 days 1/18/2013 3/8/21)13
b others assumed
Appraisal 60 days 1/18/2013 3/21/2013
b others assumed
Board Meetln 5 da a 3/22/2013 3/27/2013
Sfta A uisition TBD 3/28/2013 7/26/2013
E?CFIIBI'I'D
Pee Schedule
Attached Behind This Page
lafie� MUM
COPS 9LOY9 os 191114 bl R 0 90 A 0 0 00 ol Sa9waSI1101
199SS4 94515 OS WKS 6 96 9 sS W U04n1 ald a
g fiWuugd-uaOrslnhOV at5
9L16Z4 DOSS 06 91sys OL ll B nS UO Sg uMuldPOOM V
So!sea
OP114 09194 Omsns milt 00'ClI! OOGUS 001SSS ODW3 cm
sa9waS lui6y rwWuo r»olav3 : OR uONUN O NNid00
IWol madxa 9nSIWoi +o0o11flol U11tw pima ` MOn'+s owi>olad 'ISIJQ mn WWdog
NN
luglnsm ns smoN sage
MWOS 40ddnS LOalad g uog!snboy al!S
3Ntl1NIMVM d330 Z Rd,1070dAlddnSU ISIVNOI03U VWUOS
31n03N0833d•011SINn
EXHIBIT E
Certi£cates of Insutance
Attached Behind This Page
ACORO,a CERTIFICATE OF LIABILITY INSURANCE uloam3 a"�iioru)°z'o
TNL4 CBRTPIOATB IS ISBUEO AH A I,MTTER OF INPORNATON ONLY AN8 CONFE RB NO RIGNTB UPON TNH OERTNOATE NOLOER.TH16
'- CERTiFCAT6006i NOT AFFlRLpTVELY OR N60ATNHLY JVR6NO,EXTfiNO OR ALTER THE COVERgOB AFFOROEO BY TNB POLICIES
RRPRISENTATVEROR PROD VOER.8AN0 TNEECERIiPP:RTE NOLpEgT6 a COMIRAGTBEIWPPN TIE R8YING INHYR6R(Hj,AUlNOR6lo
Nu....mno.N nolao.r..a ABonmxwL iN8VRE0,m.P.Y=yg.y.Naa na.aao.a.a. xeYBRoowTON I3 waIYEo,..q..
`wn`o �`.�a.oaaxwa.eru.v=n.r...X.u.v=Imw.aar Laa.Ra.a aaae...al.aL A.us..�...L...ml....Yrt..m.w...m.o.r..dgn..`.amu..
.N.`io nale..m neY aua.n a.aa...a,..lpL
Duce LOck[m(:wnpanba�l!lgl�an3as Ciry
a 996 W-4TN SS4g f,
(8 Gw)w Ciry M064112-1808 � _.
LOCKWOOD,Ai�OREW3 6 NEWNAM,TNG
]OSTTST �l BRinitPARK ORIVE�
HOUSTON,TX TT[M2
e E LEOADO] u - 6 5 2 E -
TN>818 TO CERTiY TNhTTNE POLCIE E 43TEO BELOW NwV! N 139VE0 TO TXE INHYREO NPIAEO ABOVE FOR THE POLICY priRrOD
INDIOPTEO.NOTWITNSTANOING ANY REOVIPEMENT.TERM OR CONORION OF ANY CONTRwCT OR OTTER DOCVMENT WRH RESPECT TO WIIIGH THIS
EXCIVSIONB wNO CON VN ON3 0G 31/GHEPOLNIC SES_E`MR SH CO N NAY HAVE B EN REDVGEO eV POAIO C�IAHMBREIN 13 SUBJECT TO ALL TIE TEAMS,
8 XXXT'YXX
eF0 LMOE�OCCurt NOT APPL[CAIILE a6 �YX}CXX
JCIOOCJ6IX
XXXKX�
{XY
AVtON aM16 LM86OY
NOTAPPLICAELE' Rv[Pa.ps�.ml B JIXXX'X3.'Y
P� ea �I�VLEY RY IPs amG S J[XXXJ�{]L
Rho ��WNEY t
Ewcw ocenaRo.Ts S X]Q7CXXX
NOTAPPI.[CA9L8
S o Lov6 n.a> Q N NOT'APPLICABLE s SCXJC]OL�CX
�^.�� - JOCJOGU'YX
LrwOILLTYN� lV 1`XX/ CLS 006161]40 6/102012 6//02013 YSdNEWiO.IeN�CHA C�I,VAREOSA�M
DCRVALI'IS AL)"I}30321]1L.4 80AROSY Y`M PLSS�ONS DPPARTMHlYi3r�O OPPICL 91�OF SFS�L AII�DIUI'Y AN�SlIH I(JDNSDLAI. EnCE0.
R QI�RW�3O pY WR[TTT3N COONTRAG`iJ�S QH,0296200'1033000PPILRe)L�APACITES al!£PAOVIpBOA WArVCR OF 3VBRO0AT[ON AS
CERT FlCATO NOtOER CAN CELLATON
uP aaFOp6
AcaoRa...oE.a.N TRE�PYgI`ewcewrPwl'Gwaxa. SE Saweaea IY
'1'1168662 NOR¢eo RcvRPseaiRTrve
' BRUSHY CREEK REGIONAL IJTILT'AUFHORITY '
221 EAST MAIN STREET
ROUND ROCK TX T11G69ST/t
AGGRO PB(4010/06) ® 9 8-400 aC O RPORATION.All NBRIa Iawaryad
TRa ACORO HaNla ap8 lOg0 ita feg16[BNd Ti.ks of AGGRO
ACORO,n CERTIFICATE OF LIABILITY INSURANCE Inrz9t3 n"iiiorzo"li�
+ TM8 CERTFMAT6IB IB6U60 q9 q)ApT19R OG INFORMATON ONLY qN0 CONpER8 NO RIONTS UPDX'ME CERTFIC TE NOLOER TNIS
OHRTFlCATE GOES NOT MFlRNgTVHLYOR NEOATVELY AM6Nq EXTNND OR gLTER iXE COVER1aH LFFOPDEO aY THE POLtCIE6
I HLOW_ lNie CHRTFIDATE OF INSVRgNCE DOH9 N COM[ H6[WEEN THE 139YINB IN9 VRER(31.gVTXOR¢EO
'RHPR6BENTgTVH OR PROOYCHR ANO INE CERTFIfMiE HOLOERE
PORTANR 1(Ne eertlFvnb LeWv I:m gO[RTION<L tNIDURHD.tM pnllvyRval mua[be enborve0. I[SUBROGATION IS\YAIVEq mbjvet to
Na btmn antl eonCNnnn v(qv Polley.ovNeln pnMiee mry[equlrn an vntlaravmmt A sM1Nmxrt en tbla vaNRea{e Cnvs nn[ nRbin to Oho
NMvab RW4ar In Npu opeueM1 crMmeompn[(a). � '
LACER Lt%kion Cwn b LLC-1 KHnpas Cfty -
M4 W.4TN Slreall,,Buie 900
1CBnEva City MOOCt12-'1906 xe
(8l6)060.80W
__ C
LOCKWOOD.ANOREWSB NEWNAM,INC. - 11 e
lOT9T65 gTTM MR DON SCHUETZ e.gt PwptRM1and Mnrhw lnmvn.ke Co
H�OIJSRLON TX�]/M2 VE u NMionwl p(.v lnzum..ee CnafHVMPOM 2 '/8
O EOAOD C S EVI ON NVM9ER:
TN1819 TO CERT] HE POOCIES OF INeVRANCE EO BELO HAVOE e¢ N i98V ED TO THE IXSVREO NNAED ABOVE FOR TME pOIICY PERIOD
ICERTF EO.NOTW[[XSTgNOIND ANY REWIREMENT.TERM OR CONORION FANY CONTRACT OR OTXE0.DOCVMFJiT WITII REBPECAT TO WXFN TRIS
ICpTE MAY aH I8SUEO OR MqY pERTgW.TN61N8VRANCE AFFORDED BY THE POVLIEB DESCRIBED IIEREW 138VBJEDT TO LL THE TERMB.
E%CLV610NF AND CONOITONS OF SVCH POLILM EB. L OWM M\Y XqV BEEN REDVCEO BY PAID CLgN3_
LVa(H
D L y y 10)3031943� _ ]NllOt2 1/1!1013 1 000 00D
X Ne 300 000
snaDH XQ ox SDOO
1 000 ODD
000 O
X ie _
n 2 000 000
A' RRY Y Y 10]5651956 1/1/SOt2 I/12DI3 iID0000D
\' � X w��'YEw .{�fj�EO eNY(ParwY4mt1 3 XXXXXXX
Ower X A��`"('W .n f XXXXJCDC
- s xirrTrYYr
C XOC N N 2UP-14NI9BtB-13-NP VIrz012 UIrz013 a25 9D0
Ra X R Lx9l0 ntsm.\O
..DD�E R s o00 oao
8 �N y ;yDy5513659��((�`q)) ]%V�12 �l%!/2013
H wws N 209��1819 %)) ]/12012 1/12813 p'1000000
oa��e:6nQV..w � a i o00 000
BEn�NpR9N DFDFEpR,.TmNH.Le�..i:nN3[YHH:nLH3.d.�.�.gco3D,�Rwei4�e,aptw a.�wCm'9R�.�Eio r�E`FwR"wE'eUa^r�x w..BT�.H.o.Icv,F,..:ls'
HCRVA Via TEL'lIFIORITIES BOARDS.COMMI8310Ng OBPARTMHO-f8 ANO OYTICERB OF'D�AUTHORITY ANO THE 1NOI VtOVALrert¢tR.aH
MEAIB7'R8.BMP3AYE8S ANO A06NT$TNBREOF BV"ff113Rt OFFICW.CAPACITIBg ARB NAMED qS AO➢ITIONAL INSVREO ON 1T R{
OIINSRAL ALIO AVT AMOHILB LUHII.ffY POLTCIIaS AND PROWO9O A Wp1YtR OF SDBROOATION ON'l'f�OENL+RN..ALTOMOAHR AND
\VOSEKHR•E CORIPEN TION pOLIC1ES AS RHOL11R9D BY WRD-lEN CONTRACT.
CERTtFICATE HOLDER Cq CELL.4TION
wCeoaoumEavrrNTMH pOtIeY pROVg10RyR®coeLNERep IN - -
11369660 iNon¢EO AePRH1HxTAIrvE
BRUSHY CREEK REGIONAL lfi1LITY gUTHORRY
221 FAST MAIN STREET � ..
ROUND ROCK TX T8684S2T1
ACORO S6(3010/06) ® 2010 AC ORPORATION.All ri9hla rasvrvatl
The ACORD nwma anM loOo ara m91s2c[e0 me[ks Of ACORO