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R-03-05-08-15E1 - 5/8/2003• ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH § Contract No. THIS AGRE FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the ES day of the month of , 200 3 , by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corpoYation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City "), and Camp Dresser & McKee Inc., whose principal place of business is located at One Cambridge Place 50 Hampshire Street, Cambridge, MA, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Govemment 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: RECITALS: 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: ,e- c3- CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 1 day of the month of August, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 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 Agreement. Engineer shall be paid on the basis of actual salaries paid for actual hours worked for employees performing work associated with this Agreement, plus an overhead rate of 181.7 %, plus a fee of 12% of the salaries and overhead. The Fee Schedule attached hereto as Attachment D includes estimates for the labor and direct cost estimates utilized to compute the maximum amount payable under this Agreement, as provided below. 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, times a factor of 1.10. Payment of monies due for direct cost expenses outlined in Attachment D shall be based on the actual costs. The maximum amount payable under this Agreement, without modification of this Agreement as provided herein, is the sum of Two hundred thirty-three thousand and 00 /100 Dollars, ($233,000.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Attachment B entitled, "Services to be Performed by Engineer" satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. Engineer's Contract- revised 10- 2002 /specs master 3 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 City receives the supplies, materials, equipment, or 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 the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Don Rundell [Name] Chief Utility Engineer [Title] 2008 Enterprise [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining 4 to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Allen D. Woelke, P.E. [Name] Vice President [Title] 12357 -A Riata Trace Parkway, Ste 210 [Address] Austin, Texas 78727 [City, State, Zip] 512- 346 -1100 [Telephone Number] 512 - 345 -1483 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Engineer's Contract- revised 10- 2002/specs master 5 Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. 6 ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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. Engineer's Contract - revised 10 -2002 /specs master 7 ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this 8 Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any mariner affecting the performance of this Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions 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. Engineer's Contract- revised 10- 2002 /specs master 9 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 Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, 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 Agreement, 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: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in limit or scope of coverage, a notice thereof shall be given to the City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, 10 cancellation, non - renewal, or material change in coverage it receives from its insurer. 1. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 2. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members and employees thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 3. 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. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 the City. Such Certificates of Insurance are evidenced as Exhibit "F" herein entitled "Certificates Engineer's Contract - revised 10- 2002/specs master 11 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 Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. 12 All notices to either party by the other required under this Agreement 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: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Camp Dresser & McKee Inc. Attention: Allen D. Woelke, P.E. Vice President 12357 -A Riata Trace Pkwy., Suite 210 Austin, TX 78727 ARTICLE 32 NOTICES 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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement 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 Agreement 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 he in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Engineer's Contract - revised 10- 2002 /specs master 13 the State of Texas. 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 Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on ids, behalf by Resolution No. k_03- 0$- n8 - /5EI , approved by the City Council on the 2C- 2C--r day of the month of `' 2003 , and Engineer, CAMP LIQESSF„e /)7 EE6 • , signing by and through his/her /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. CITY OF ROUND ' OCK, TE , /� 41 O ATTEST: City Secretary Signature of Principal Printed Name: Allen D. Woelke, P.E. ATTEST: By: Co ARTICLE 34 SIGNATORY WARRANTY 14 (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract - revised 10- 2002 /specs master LIST OF EXHIBITS ATTACHED 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all data available pertaining to the collection system including, at a minimum, pipe diameter, pipe roughness, pipe length, pipe inverts, pipe connectivity, and inverts and top of rim of manholes. If pipe material and age are available, they will also be provided. This data will be provided in a GIS format if possible. 3. As needed, provide as- builts to assist in model development. 4. Provide available data pertaining to wastewater flow data, population projection data, water billing records (to be used in flow projections), current CIP information, previous Wastewater Master Plan data, street locations, and available and relevant land use /traffic serial zone (or equivalent) /parcel maps. Whenever possible, this data will be provided in electronic format. As much as possible, data will be provided in an ArcView compatible format. 5. Pertinent collection system data related to future system improvements or expansions. Level of detail will be similar to that outlined in item 2. 6. Pertinent data from previous modeling effort by RJN. 16 EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER Task 1 - WASTEWATER MODEL AND MASTER PLAN 1.1 Data Collection & Review Compile all relevant, available data for the wastewater master plan, including Collection System data, Wastewater Flow data, population projection data, current CIP information, previous Wastewater Master Plans, and available relevant Land Use data. 1.1.1 Collection System Data Review data from RJN effort and any data provided by the City. Identify data gaps to the City in a timely fashion. 1.1.2 Wastewater Flow Data Flow Monitoring Review RJN flow and rainfall monitoring data. This flow data will be used in this effort to characterize infiltration and inflow to the collection system. Dry weather and wet weather parameters will be developed from this monitoring data and will be used in development of projected flows for the Wastewater Master Plan to estimate and project inflow, infiltration and groundwater flow rates. It is assumed that all of the flow and rainfall data will be supplied by RJN in a format necessary for the modeling effort. Water Use Billing Data Wastewater flows are based on two components, base wastewater flow (BWWF) and infiltration/inflow. The BWWF component will be determined by using water customer billing records during the last quarter of 2002. Engineer will geocode billing records to City streets. This effort will be coordinated with the Water Master Plan effort being completed by others. 1.1.3 ClP data Review the current Capital Improvement Plan as a starting point for this effort. Consider applicable CIP data to update the existing collection system coverage. This data will be used to develop a comprehensive picture of the proposed collection system in order to better establish the WWMP recommendations. 1.1.4 Review Previous WWMP Review the previous Wastewater Master Plan, review recommendations followed and note deviations from it, before commencing on this Plan update. 1.1.5 Other data Geocode existing Commercial and Industrial user based on billing record data. Future Commercial and Industrial users will be located based on the Land Use data, while traffic serial zone data will primarily be used for expansion of residential demand assumptions. Engineer's Contract - revised I0- 2002 /specs muter 17 1.1.6 Wastewater Model Software Purchase a one seat individual license of InfoWorks CS and a one seat network license of InfoNet taking advantage of the engineer's discount rate. Model software will be turned over to the City upon completion of the project. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.1 1.2 Develop Wastewater Collection Network Model 1.2.1 Input Collection System Data Use existing GIS data, along with data developed from RJN's previous work, to create a wastewater collection model in InfoWorks. Collection system lines 10 inches and larger will be modeled. In addition, 8 inch lines that serve greater than 80 acres will be evaluated on a case -by- case basis for inclusion in the model. Any data gaps for the modeled system that cannot be provided by the City will be inferred for model purposes. The completed model along with the software will be turned over to the City upon completion of the project. As appropriate, input additional pipes to represent planned system improvements and /or expansion into the existing sanitary sewer model. In addition to digitizing the line and manhole locations, the following data will be included: pipe diameter, pipe length, pipe slope, pipe roughness, invert elevations, and top of ground elevations. Where information is available, material of construction and date constructed will also be included. For the new areas and improvements, use as built drawings to update the model. Add any new or improved lift stations to the model as well as remove any lift stations replaced by gravity service from the model. Lift station information will be taken from as built drawings. 1.2.2 Service Area Map Develop a service area map to be used in the development of future scenarios. 1.2.3 Geocode Water Users Geographically locate the customers based on billing record addresses. By locating end users at a more detailed scale, more accurate results will be assured. This effort will be coordinated with the Water Master Plan effort being undertaken by others. This data will be used to assign flow inputs in the collection system model. 1.3 Dry Weather and Wet Weather Calibration 1.3.1 Dry Weather Calibration Based on the geocoded water usage data, develop projected dry weather base flows (DWBF). These dry weather base flows will be compared to the flows monitored by RJN. Develop calibrated dry weather flows that include dry weather flows and groundwater induced infiltration (BWWF). 1.3.2 Wet Weather Calibration Using the RJN flow monitoring data, develop Inflow and Infiltration (I /I) rates for contributing watersheds. The I/I rates will be reported as gallons /acre /day for sub - watersheds as previously defined by RJN. 18 Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.3. 1.4 Wastewater Master Plan 1.4.1 Future Flows by Population Based on the wastewater flow rates developed in Task 1.3 and future populations based on TSZ (or equivalent) data, project future flow rates for the City residential users. 1.4.2 Land use for Commercial /Industrial tracts As TSZ data does not capture commercial and industrial users, future land use projections will be used to locate the future commercial and industrial tracts. Per acre consumption values will be based on current commercial and industrial flow data. 1.4.3 I/I Projections Meet with the City to agree on the appropriate 11I assumptions. If there is to be an extensive focus on rehabilitating sewer lines, an assumption of I/I reduction could be added. Otherwise, I/I will be based on current conditions, possibly with an increase in I/I flow over time. 1.4.4 Scenario: Existing/2008 /2013/2023 Future Conditions The initial evaluation will focus on system limitations based on existing demands. Then, based on population growth and location, future wastewater flows will be predicted for 3 planning horizons: 2008, 2013, 2023. Flows will be based on future population, per capita flows and infiltration and inflow factors. 1.4.5 Establish/Review Design Criteria Develop recommendations for establishing planning criteria. These criteria will include: • Pipe Design Flow — Peak base wastewater flow plus infiltration and inflow. • Percent Pipe Full at design flow. • Lift Station Capacity • Wet Well Volumes • Wastewater Treatment Plant Capacity 1.4.6 Determine new pipe sizes Determine the ability of the collection system to meet the demand conditions under the three scenarios. Present the results of the analysis in the form of a meeting and discuss the alternatives with City staff. 1.4.7 Lift Stations In addition to pipe sizes, compile recommendations on lift station improvement and expansion needs for the same time horizon. Engineer's Contract- revised 10- 2002/specs master 19 1.4.8 WWTPs Also compile recommendations on wastewater treatment improvement and expansion needs for the same time horizon. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.4. 1. 5 Prepare CIP and Master Plan Maps Prepare the selected projects developed under task 1.4 into a staged Capital Improvements Program. The estimation of probable costs will be presented in today's dollars. This CIP will be a compilation of all City Wastewater needs throughout the planning horizon. Improvements recommended will be summarized and presented in a Wastewater Master Plan Map. This map will be provided in electronic and hard copy form. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.5. Task 2 — FINAL REPORT The wastewater system master plan will be documented in a final report with appropriate figures and exhibits. Ten (10) copies of the final report will be supplied to the City. Electronic files of the model, figures, exhibits and report will be provided to the City. Task 3 — CRF Fee Assistance Engineer will assist the City and its consultant with the preparation of a Capital Recovery Fee analysis Engineer shall attend meetings as directed by City and its consultant. Engineer shall provide information to the City and its consultant related to the wastewater Capital Improvements Program. Task 4 — Management/Meetings Engineer shall attend meetings with Owner as required to coordinate the work. Engineer shall prepare monthly status reports to be submitted with invoices. Task 5 CMOM GAP ANALYSIS The CMOM Gap Analysis requires a separate Notice to Proceed from the Owner before work may commence. 5.1 Information Management Systems (IMS) Audit Existing Conditions Assessment: Review the City's existing information management system. The review will evaluate the IMS system with regard to their ability to assist in accomplishing a CMOM program. Systems to be reviewed include GIS, CMMS and financial. Business Process Model: Define and document business processes as they pertain to CMOM that are supported by the above systems. The business process model will identify procedures and policies that can be modified to improve efficiency of meeting CMOM requirements, define the role of data and information management to support the wastewater collection system and establish a framework for developing optimization recommendations. 20 5.2 CMOM Wastewater Collection System Audit. The audit will consist of the following: - Develop an organizational chart showing the responsibilities and the chain of communications for reporting sanitary sewer overflows. - Evaluate operations procedures for lift station maintenance practices. - Evaluate safety plans and procedures used by staff. - Evaluate the wastewater collection customer service complaints system. - Evaluate the facility operations relevant to the collection system. - Review plans, reports and other relevant materials, and interview selected representative collection system operation and maintenance staff for further details. - Conduct operations evaluation with emphasis on collection system operation, cost, performance and staff deployment practices; SSO procedures; SOP's; use of SCADA and other process control information. 5.3 Organizational Audit. The audit will consist of the following: - Develop an understanding of the current employee /management culture and communication mechanisms. - Prepare a draft Organizational Needs Assessment Memorandum as it relates to the CMOM regulations. 5.4 Compile CMOM Compliance Indicators - Perform a performance indicator benchmarking analysis. - Meet with management to review budgetary and operation data need to prepare analysis. - Review budgetary and operating data and identify additional information needs. Obtain clarification and additional information from City. - Prepare a draft CMOM Performance Indicators memorandum. 5.5 Develop Action Plan for CMOM Compliance - Develop an Action Plan to address the CMOM needs and improvement opportunities. - Prepare a Proposed CMOM Action Plan memorandum. Deliver 5 copies of a Draft Technical Memorandum at the Completion of Task 4. Engineer's Contract - revised 10- 2002/specs master 21 Task Start Completion Notice to Proceed 1- May -03 Data Collection and Review 1- May -03 29- May -03 Wastewater Model Development 22- May -03 19- Jun -03 Model Calibration 19- Jun -03 14- Aug -03 Wastewater Master Plan 14- Aug -03 11- Sep -03 CIP and associated Maps 11- Sep -03 2- Oct -03 Final Report 11- Sep -03 25- Sep -03 Capital Recovery Fee 1- May -03 30- Jul -03 CMOM Gap Analysis 30- Jul -03 27- Nov -03 EXHIBIT C WORK SCHEDULE 22 No. TASKS Labor Cost Other Direct Costs 1 Wastewater Model & Master Plan 1.1 Data Collection and Review $10,740.00 1.2 Wastewater Model Development $14,140.00 1.3 Model Calibration $28,880.00 1.4 Wastewater Master Plan $18,680.00 1.5 CIP and associated Maps $14,720.00 Task 1 Total $87,160.00 2 Final Report $17,520.00 3 Capital Recovery Fee $17,000.00 4 Management/Meetings $16,020.00 5 CMOM Gap Analysis $41,800.00 Total Labor $179,500.00 ODCs (software - $47,439) $53,010.00 Total Cost $179,500.00 $53,010.00 Engineer's Contract- revised 10- 2002 /specs master EXHIBIT D FEE SCHEDULE Total Labor and Other Direct Costs 23 $232,510.00 EXHIBIT E WORK AUTHORIZATIONS N/A 24 • Engineer's Contract- revised 10 -2002 /specs master EXHIBIT F CERTIFICATE OF INSURANCE 25 ZERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES Date: 2/18/03 PRODUCER COMPANIES AFFORDING COVERAGE AON RISE SERVICES, INC. OF MASSACHUSETTS 99 HIGH STREET BOSTON, MA 02110 INSURED CAMP DRESSER & MCBEE INC. ONE'CAMBRIDCE PLACE 50 HAMPSHIRE STREET CAMBRIDGE, MA 02139 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE . EXPIRATION LTR • NUMBER DATE DATE DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 atm: Christine Martinez, City Secretary Revd 2/10/03 - Professional Liability Certiticate.doc B. LLOYD 'S OF LONDON C D Tide: LIMITS B PROPFSSIONALLIAELITY Q %0301367 1/1/03 1/1/04 $1,000,000 Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: THOMAS A LEACH Mayor Nyle Maxwell City Manager Jim Nuse City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. May 13, 2003 Council Members Alan McGraw Carrie Pin Enclosure Scol Knighl Isabel Gallahan Gary Coe Mr. Allen D. Woelke, P.E. Vice President Camp Dresser & McKee, Inc. One Cambridge Place 50 Hampshire Street Cambridge, MA 02139 Dear Mr. Woelke: The Round Rock City Council approved Resolution No. R- 03- 05 -08- 15E1 at their regularly scheduled meeting on May 08, 2003. This resolution approves the agreement for Engineering Services for the development and delivery of a 2003 Wastewater Master Plan. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Clark at 341 -3146. Mayor Pro -tem Christine R. Martinez Tom Nielson City Secretary CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone. 512.218.54.0o • Fax: 512.218.7097 • www.ci.round- rock.lx.us RESOLUTION NO. R- 03- 05- 08 -15E1 WHEREAS, the City of Round Rock desires to retain engineering services for the development and delivery of a 2003 Wastewater Master Plan, and WHEREAS, Camp Dresser & McKee, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Camp Dresser & McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the development and delivery of a 2003 Wastewater Master Plan, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as ameided. NYL ' ELL, Mayor RESOLVED this 8th day of May, 2003. ST:, CHRISTINE R. MARTINEZ, City Secreta 0 ;\ wan: \aesocc \R_osusei .17/ Be City of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE. PASSIM. PROSPEFUTY. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH § § Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200 , 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 Camp Dresser & McKee Inc., whose principal place of business is located at One Cambridge Place 50 Hampshire Street, Cambridge, MA, (hereinafter called "Engineer"), and such Agreement is for the purpose of contracting for professional engineering services. NOW, THEREFORE, WTTNESSETH: 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; 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 1 day of the month of August, 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (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 services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 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 Agreement. Engineer shall be paid on the basis of actual salaries paid for actual hours worked for employees performing work associated with this Agreement, plus an overhead rate of 181.7 %, plus a fee of 12% of the salaries and overhead. The Fee Schedule attached hereto as Attachment D includes estimates for the labor and direct cost estimates utilized to compute the maximum amount payable under this Agreement, as provided below. 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, times a factor of 1.10. Payment of monies due for direct cost expenses outlined in Attachment D shall be based on the actual costs. The maximum amount payable under this Agreement, without modification of this Agreement as provided herein, is the sum of Two hundred thirty -three thousand and 00 /100 Dollars, ($233,000.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Attachment B entitled, "Services to be Performed by Engineer" satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is 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 work 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 work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. Engineer's Contract - revised 10- 2002/specs master 3 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 City receives the supplies, materials, equipment, or within thirty (30) days of the clay on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or 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 to payments made by City 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 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 Agreement 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 City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Don Rundell [Name] Chief Utility Engineer [Title] 2008 Enterprise [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5555 [Telephone Number] (512) 218 -5563 [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining 4 to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Alien D. Woelke, P.E. [Name] Vice President [Title] 12357 -A Riata Trace Parkway, Ste 210 [Address] Austin, Texas 78727 [City, State, Zip] 512- 346 -1100 [Telephone Number] 512- 345 -1483 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, 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 work. 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 Engineer's services and work. Should City determine that the progress in production of work 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 work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work 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. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, 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 work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Engineer's Contract- revised 10 -2002 /specs master 5 Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work 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 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. 6 ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall fumish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the 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 work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she/it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work 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. Engineer's Contract - revised 10- 2002 /specs master 7 ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, 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 Agreement may be terminated before the stated termination date by any of the following conditions. (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 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 services and obligations described herein. Should City terminate this Agreement 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 work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional 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 scope of services under this 8 Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, 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 professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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 harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attomeys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions 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. Engineer's Contract - revised 10- 2002/specs master 9 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 Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement 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 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, 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 Agreement, 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: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in limit or scope of coverage, a notice thereof shall be given to the City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, 10 cancellation, non - renewal, or material change in coverage it receives from its insurer. 1. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 2. The Tenn "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members and employees thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 3. 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. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 the City. Such Certificates of Insurance are evidenced as Exhibit "F" herein entitled "Certificates Engineer's Contract - revised 10- 2002 /specs master 11 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 Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement 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 Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. 12 All notices to either party by the other required under this Agreement 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: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Camp Dresser & McKee Inc. Attention: Allen D. Woelke, P.E. Vice President 12357 -A Riata Trace Pkwy., Suite 210 Austin, TX 78727 ARTICLE 32 NOTICES 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 services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his /her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement 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 Agreement 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 Agreement shall be governed by and construed in accordance with the laws and court decisions of Engineer's Contract - revised 10- 2002/specs master 13 the State of Texas. 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 Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 200, and Engineer, , signing by and through his/her /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. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: By: By: �Lla� 1LSAL IA Signature of Principal Printed Name: Allen D. Woelke, P.E. ATTEST: ARTICLE 34 SIGNATORY WARRANTY 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" Engineer's Contract- revised 10 -2002 /specs master 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all data available pertaining to the collection system including, at a minimum, pipe diameter, pipe roughness, pipe length, pipe inverts, pipe connectivity, and inverts and top of rim of manholes. If pipe material and age are available, they will also be provided. This data will be provided in a GIS format if possible. 3. As needed, provide as- builts to assist in model development. 6. Pertinent data from previous modeling effort by RJN. 16 4. Provide available data pertaining to wastewater flow data, population projection data, water billing records (to be used in flow projections), current CIP information, previous Wastewater Master Plan data, street locations, and available and relevant land use/traffic serial zone (or equivalent) /parcel maps. Whenever possible, this data will be provided in electronic format. As much as possible, data will be provided in an ArcView compatible format. 5. Pertinent collection system data related to future system improvements or expansions. Level of detail will be similar to that outlined in item 2. EXHIBIT B SERVICES TO BE PROVIDED BY THE ENGINEER Task 1 - WASTEWATER MODEL AND MASTER PLAN 1,1 Data Collection & Review Compile all relevant, available data for the wastewater master plan, including Collection System data, Wastewater Flow data, population projection data, current C1P information, previous - Wastewater Master Plans, and available relevant Land Use data. 1.1.1 Collection System Data Review data from RJN effort and any data provided by the City. Identify data gaps to the City in a timely fashion. 1.1.2 Wastewater Flow Data Flow Monitoring Review RJN flow and rainfall monitoring data. This flow data will be used in this effort to characterize infiltration and inflow to the collection system. Dry weather and wet weather parameters will be developed from this monitoring data and will be used in development of projected flows for the Wastewater Master Plan to estimate and project inflow, infiltration and groundwater flow rates. It is assumed that all of the flow and rainfall data will be supplied by RJN in a format necessary for the modeling effort. Water Use Billing Data Wastewater flows are based on two components, base wastewater flow (BWWF) and infiltration/inflow. The BWWF component will be determined by using water customer billing records during the last quarter of 2002. Engineer will geocode billing records to City streets. This effort will be coordinated with the Water Master Plan effort being completed by others. 1.1.3 CIP data Review the current Capital Improvement Plan as a starting point for this effort. Consider applicable CIP data to update the existing collection system coverage. This data will be used to develop a comprehensive picture of the proposed collection system in order to better establish the WWMP recommendations. 1.1.4 Review Previous WWMP Review the previous Wastewater Master Plan, review recommendations followed and note deviations from it, before commencing on this Plan update. 1.1.5 Other data Geocode existing Commercial and Industrial user based on billing record data. Future Commercial and Industrial users will be located based on the Land Use data, while traffic serial zone data will primarily be used for expansion of residential demand assumptions. Engineer's Contract- revised 10- 2002/specs master 17 1.1.6 Wastewater Model Software Purchase a one seat individual license of InfoWorks CS and a one seat network license of InfoNet taking advantage of the engineer's discount rate. Model software will be turned over to the City upon completion of the project. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.1 1.2 Develop Wastewater Collection Network Model 1.2.1 Input Collection System Data Use existing GIS data, along with data developed from RIN's previous work, to create a wastewater collection model in InfoWorks. Collection system lines 10 inches and larger will be modeled. In addition, 8 inch lines that serve greater than 80 acres will be evaluated on a case -by- case basis for inclusion in the model. Any data gaps for the modeled system that cannot be provided by the City will be inferred for model purposes. The completed model along with the software will be turned over to the City upon completion of the project. As appropriate, input additional pipes to represent planned system improvements and/or expansion into the existing sanitary sewer model. In addition to digitizing the line and manhole locations, the following data will be included: pipe diameter, pipe length, pipe slope, pipe roughness, invert elevations, and top of ground elevations. Where information is available, material of construction and date constructed will also be included. For the new areas and improvements, use as built drawings to update the model. Add any new or improved lift stations to the model as well as remove any lift stations replaced by gravity service from the model. Lift station information will be taken from as built drawings. 1.2.2 Service Area Map[pam3] Develop a service area map to be used in the development of future scenarios. 1.2.3 Geocode Water Users Geographically locate the customers based on billing record addresses. By locating end users at a more detailed scale, more accurate results will be assured. This effort will be coordinated with the Water Master Plan effort being undertaken by others. This data will be used to assign flow inputs in the collection system model. 1.3 Dry Weather and Wet Weather Calibration 1.3.1 Dry Weather Calibration Based on the geocoded water usage data, develop projected dry weather base flows (DWBF). These dry weather base flows will be compared to the flows monitored by RJN. Develop calibrated dry weather flows that include dry weather flows and groundwater induced infiltration (BW WF). 1.3.2 Wet Weather Calibration Using the RJN flow monitoring data, develop Inflow and Infiltration (I/I) rates for contributing watersheds. The I/I rates will be reported as gallons /acre /day for sub - watersheds as previously defined by RJN. 18 Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.3. 1.4 Wastewater Master Plan 1.4.1 Future Flows by Population Based on the wastewater flow rates developed in Task 1.3 and future populations based on TSZ (or equivalent) data, project future flow rates for the City residential users. 1.4.2 Land use for Commercial/Industrial tracts As TSZ data does not capture commercial and industrial users, future land use projections will be used to locate the future commercial and industrial tracts. Per acre consumption values will be based on current commercial and industrial flow data. 1.4.3 I/I Projections Meet with the City to agree on the appropriate I/1 assumptions. If there is to be an extensive focus on rehabilitating sewer lines, an assumption of I/I reduction could be added. Otherwise, I/I will be based on current conditions, possibly with an increase in 1/I flow over time. 1.4.4 Scenario: Existing/2008 /2013/2023 Future Conditions The initial evaluation will focus on system limitations based on existing demands. Then, based on population growth and location, future wastewater flows will be predicted for 3 planning horizons: 2008, 2013, 2023. Flows will be based on future population, per capita flows and infiltration and inflow factors. 1.4.5 Establish/Review Design Criteria Develop recommendations for establishing planning criteria. These criteria will include: • Pipe Design Flow — Peak base wastewater flow plus infiltration and inflow. • Percent Pipe Full at design flow. • Lift Station Capacity • Wet Well Volumes • Wastewater Treatment Plant Capacity 1.4.6 Determine new pipe sizes Determine the ability of the collection system to meet the demand conditions under the three scenarios. Present the results of the analysis in the form of a meeting and discuss the alternatives with City staff. 1.4.7 Lift Stations In addition to pipe sizes, compile recommendations on lift station improvement and expansion needs for the same time horizon. Engineer's Contract- revised I0-2002/specs master 19 1.4.8 WWTPs Also compile recommendations on wastewater treatment improvement and expansion needs for the same time horizon. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.4. 1. 5 Prepare CIP and Master Plan Maps Prepare the selected projects developed under task 1.4 into a staged Capital Improvements Program. The estimation of probable costs will be presented in today's dollars. This CIP will be a compilation of all City Wastewater needs throughout the planning horizon. Improvements recommended will be summarized and presented in a Wastewater Master Plan Map. This map will be provided in electronic and hard copy form. Deliver 5 copies of a Draft Technical Memorandum at the completion of Task 1.5. Task 2 — FINAL REPORT The wastewater system master plan will be documented in a final report with appropriate figures and exhibits. Ten (10) copies of the final report will be supplied to the City. Electronic files of the model, figures, exhibits and report will be provided to the City. Task 3 — CRF Fee Assistance Engineer will assist the City and its consultant with the preparation of a Capital Recovery Fee analysis Engineer shall attend meetings as directed by City and its consultant. Engineer shall provide information to the City and its consultant related to the wastewater Capital Improvements Program. Task 4 — ManagementJMeetines Engineer shall attend meetings with Owner as required to coordinate the work. Engineer shall prepare monthly status reports to be submitted with invoices. Task 5 CMOM GAP ANALYSIS The CMOM Gap Analysis requires a separate Notice to Proceed from the Owner before work may commence. 5.1 Information Management Systems (IMS) Audit Existing Conditions Assessment: Review the City's existing information management system. The review will evaluate the IMS system with regard to their ability to assist in accomplishing a CMOM program. Systems to be reviewed include GIS, CMMS and financial. Business Process Model: Define and document business processes as they pertain to CMOM that are supported by the above systems. The business process model will identify procedures and policies that can be modified to improve efficiency of meeting CMOM requirements, define the role of data and information management to support the wastewater collection system and establish a framework for developing optimization recommendations. 20 5.2 CMOM Wastewater Collection System Audit. The audit will consist of the following: - Develop an organizational chart showing the responsibilities and the chain of conununications for reporting sanitary sewer overflows. - Evaluate operations procedures for lift station maintenance practices. - Evaluate safety plans and procedures used by staff. - Evaluate the wastewater collection customer service complaints system. - Evaluate the facility operations relevant to the collection system. - Review plans, reports and other relevant materials, and interview selected representative collection system operation and maintenance staff for further details. - Conduct operations evaluation with emphasis on collection system operation, cost, performance and staff deployment practices; SSO procedures; SOP's; use of SCADA and other process control information. 5.3 Organizational Audit. The audit will consist of the following: - Develop an understanding of the current employee /management culture and communication mechanisms. - Prepare a draft Organizational Needs Assessment Memorandum as it relates to the CMOM regulations. 5.4 Compile CMOM Compliance Indicators - Perform a performance indicator benchmarking analysis. -Meet with management to review budgetary and operation data need to prepare analysis. - Review budgetary and operating data and identify additional information needs. Obtain clarification and additional information from City. - Prepare a draft CMOM Performance Indicators memorandum. 5.5 Develop Action Plan for CMOM Compliance - Develop an Action Plan to address the CMOM needs and improvement opportunities. - Prepare a Proposed CMOM Action Plan memorandum Deliver 5 copies of a Draft Technical Memorandum at the Completion of Task 4. Engineer's Contract-revised 10- 2002 /specs master 21 Task Start Completion Notice to Proceed 1- May -03 Data Collection and Review 1- May -03 29- May -03 Wastewater Model Development 22- May -03 19- Jun -03 Model Calibration 19- Jun -03 14- Aug -03 Wastewater Master Plan 14- Aug -03 11- Sep -03 CIP and associated Maps 11- Sep -03 2- Oct -03 Final Report 11- Sep -03 25- Sep -03 Capital Recovery Fee 1- May -03 30- Jul -03 CMOM Gap Analysis 30- Jul -03 27- Nov -03 EXHIBIT C WORK SCHEDULE 22 No. TASKS Labor Cost Other Direct Costs 1 Wastewater Model & Master Plan 1.1 Data Collection and Review $10,740.00 1.2 Wastewater Model Development $14,140.00 1.3 Model Calibration $28,880.00 1.4 Wastewater Master Plan $18,680.00 1.5 CIP and associated Maps $14,720.00 Task 1 Total $87,160.00 2 Final Report $17,520.00 3 Capital Recovery Fee $17,000.00 4 Management/Meetings $16,020.00 5 CMOM Gap Analysis $41,800.00 Total Labor $179,500.00 ODCs (software - $47,439) $53,010.00 Total Cost $179,500.00 $53,010.00 EXHIBIT D FEE SCHEDULE Total Labor and Other Direct Costs Engineer's Contract - revised 10- 2002 /specs master 23 $232,510.00 EXHIBIT E WORK AUTHORIZATIONS N/A 24 Engineer's Contract - revised 10 -2002 /specs master EXHIBIT F CERTIFICATE OF INSURANCE 25 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE AON RISK SERVICES, INC. OF MASSACHUSETTS 99 RICH STREET A BOSTON, MA 02110 INSURED CAMP DRESSER & MCKEE INC. ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET CAMBRIDGE, MA 02139 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE . EXPIRATION LTR NUMBER DATE DATE B PROFESSIONAL Luxury QK0301367 1/1/03 1/1/04 $1,000,000 DESCRIPTION OP SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER City of Round Rock 221 E. Main Street Round Rock, Texas 78664 atm: Christine Martinez, City Secretary Revd 2/11103 - Professional Liability Certi6cate.doc Date: 2/18/03 g LLOYD 'S OF LONDON C D LIMITS SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: THOMAS A LEACH Tide: Legend • WASTEWATER TREATMENT PLANT • LIFT STATIONS s 2003 WASTEWATER DISTRIBUTION SYSTEM MASTER PLAN SIGRAPNAGS.K.RICK ...GENOA ITME&EXCAHEERING/100317003 NOTE VAIER Oar PUN 11131.7-02 • ■ • DATE: May 2, 2003 SUBJECT: City Council Meeting — May 8, 2003 ITEM: 15. 1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Camp Dresser & McKee, Inc. for the development and delivery of the 2003 Wastewater Master Plan. Resource: Tom Clark, Director of Utilities History: Camp Dresser and Mckee, Inc. (CDM) developed the Lower Brushy Creek Wastewater Master Plan for the Brazos- Colorado Alliance, which uniquely qualifies them to perform this work. This plan included Round Rock's Northeast wastewater service area, with drainage to the future Regional Wastewater Plant in Hutto. The general scope of work under this contract will be to develop a 2003 Wastewater Master Plan for the City of Round Rock. It will identify and evaluate our wastewater system's existing capacity, provide a wastewater model and align our wastewater system with the regional wastewater collection system master plan and address pending Federal Regulations. This Master Plan will identify necessary system improvements to meet the growing demand of the City and will serve as the planning tool for the effective and efficient implementation and scheduling of future wastewater collection system improvements. Finally, this information is needed to update the City's impact fees currently being investigated by HDR Engineering. The study will be conducted in two phases. The first phase will address the master plan specifically, the second phase will address pending federal regulations. Funding: Cost: $ 232,510.00 Source of funds: Capital Project Funds (Self - Financed Utility) Outside Resources: CDM Engineering, Inc. HDR Engineering, Inc. Impact/Benefit: To optimize our wastewater collection system and provide effective planning for the future expansion of our system. Public Comment: N/A Sponsor: N/A