CM-13-01-008OM- (3-01-14 RECEIVED
JAN 0 9 2013
City Manager Approval Form
Consider executing a Contract for Engineering Services with CDM Smith for the BCRWWTS East
Item Caption: Treatment Plant Re -Rate Study Project.
Approval Date: January 11, 2013
Department Name: Utilities and Environmental Services Department
Project Manager: Eddie Zapata
Assigned Attorney: Steve Sheets
Item Summary:
The Cities of Austin, Cedar Park, and Leander share ownership of the Brushy Creek Regional Wastewater Treatment System
(BCRWWTS). This re -rate study will determine if there is any available treatment capacity above the current permitted average daily
flow of 21.5 million gallons per day (MGD) in the BCRWWTS East Treatment Plant. If this engineering study shows there is
significant additional capacity available, Phase 2 of this project will be to make a permit amendment to increase the current
permitted average daily flow by the amount that this study supports.
Any resulting increase to the permitted capacity of this plant helps the BCRWWTS push out the date for the next East Treatment
Plant expansion which in turn delays future construction costs which helps keep wastewater rates low for our citizens. There's a
possibility that the study will show that there is no additional capacity in the current plant. The up side to performing this relatively
low cost study however, still makes it worth performing. CDM Smith was selected to perform this study since they were listed as
one of the tops firms in the recent Request for Qualifications process that the Department conducted for rating professional
engineering service firms. In addition, CDM Smith has a wealth of expertise in designing wastewater treatment facilities.
No. of Originals Submitted: 2
Project Name: BCRWWTS East Treatment Plant Re -Rate Study
Cost: $35,000.00
Source of Funds: Self -Financed Wastewater Construction
Source of Funds (if applicable): Select Source Fund
Account Number: ww00rerate
Finance Director Approval: Cheryl Delaney
Date: 1/9/13
Department Director Approval: Michael Thane Date: 1/7/13
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.**
CIP t l n Budget
N/A OK
o❑
N/A OK
Purchasing
a❑
N/A OK
Accounting
El El
N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CDM SMITH ("Engineer")
ADDRESS: 12357-A Riata Trace Parkway, #210, Austin, TX 78727
PROJECT: BCRWWTS East Treatment Plant Re -Rate Study
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TINS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2013 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal colpo ation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
0199.0911; 00264716
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Rev. 05/10
00192831
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review tunes or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Thirty -Five Thousand and No/100 Dollars ($35,000.00) as shown in Exhibit D. The
lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event
of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount eared 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.
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ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Eddie Zapata
Project Manager
2008 Enterprise
Round Rock, TX 78664
Telephone Number (512) 218-6605
Fax Number (512) 218-5563
Email Address ezapata@roundrocktexas.gov
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Allen Woelke
Vice President
12357-A Riata Trace Parkway, #210
Austin, TX 78727
Telephone Number (512) 346-1100
Fax Number (512) 345-1483
Email Address woelkead@cdmsmith.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use 'in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perforin the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its etnployment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable tunes to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time, Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable 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 Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold 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
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
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 Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Allen Woelke
Vice President
12357-A Riata Trace Parkway, #210
Austin, TX 78727
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 Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
14
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROC , TEXAS
By:
SKVtMOIM/OOd at -u3 rtittuloief
ATTEST:
By:
Sara L. White, City Clerk
CDM $1IT
By: l -
c;pgl/eii 1)
Signature of Prin`� /F
Printed Name:-/1�(� `
15
APPRO AS TO FORM:
St
TV -A 4? -1 -(h -c -i
Gil %ur
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
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. City's representative will act as the contact for Engineer for
contract Plant operations as well.
2. Provide all criteria and full information as to City's requirements for the project, including
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and furnish copies of all design and construction standards which City will
require to be included in the Project Drawings and Specifications.
3. Assist Engineer by placing all available information pertinent to the Project, including
previous reports and any other data relative to the design or construction of the Project at
the Engineer's disposal.
4. Furnish to Engineer, as requested for performance of basic services or as required by the
Contract Documents, the following.
a. Provide all data available pertaining to the treatment plant including, at a minimum,
basin dimensions, pipe diameters, equipment specifications, wastewater influent and
effluent data, plant operating data.
b. Provide as -built drawings of the plant if requested.
c. Provide available data on influent and effluent quality and operating data in electronic
format. As much as possible, data will be provided in Microsoft Excel compatible
format.
d. Examine all alternate solutions, studies, reports, sketches, proposals and other
documents presented by Engineer;
e. Give prompt notice to Engineer whenever City observes or otherwise becomes aware
of any development that affects the scope or time of performance or furnishing of
Engineer's services, or any defect or nonconformance in Engineer's services in the
work of any Contractor.
EXHIBIT B
Engineering Services
Project Overview
The Brushy Creek Regional Wastewater Treatment System owns and contracts for the
operation of two wastewater treatment plant located on Brushy Creek in Round Rock,
TX. The plants treat wastewater from the cities of Round Rock, Cedar Park, Austin,
Leander, Brushy Creek MUD and Fern Bluff MUD. The cities of Round Rock, Cedar
Park and Austin have equity positions in the system. The MUDs are customers of the
City of Round Rock and the City of Leander is utilizing a portion of the City of Round
Rock's capacity until it can buy in during the next expansion.
The East Plant is currently permitted and rated for 21.5 mgd average daily flow and a
peak flow of 75 mgd. Planning forecasts indicate that an expansion is required in the
near future. The owners want to determine if there is sufficient treatment capacity in
the existing infrastructure to re -rate the plant to a higher capacity and postpone major
capital expenditures. The primary focus will be on re -rating the plant for average daily
flows, not peak flow.
Project Objectives
Following are the objectives this project is set out to achieve:
1. Determine the capacity of the existing facilities at the East Plant given the influent
loading. Evaluate the capacity of each individual process.
2. Determine the obstacles to re -rating the plant to a target capacity based on the
capacity of each individual process.
3. Determine the improvements necessary to increase the capacity of individual
processes to allow re -rating of the overall plant to a target capacity.
Scope of Work
Brief description of tasks and subtasks follows:
Task 1 Evaluate Capacity of Liquid Treatment Processes
Subtasks:
1. Obtain from plant operations in excel format three years of daily data on the
following:
• influent CBOD,
• influent TSS,
• influent ammonia,
• influent TKN,
1
• MLSS concentration and percent volatile fraction
• Return Sludge Concentration
• and SVI data as available.
Determine based on influent data provided by the OWNER, the historical plant
CBOD, TSS and Ammonia loading.
2. Evaluate the existing process units to determine their treatment capacities. The
process units to be analyzed include Bar Screens, Grit Removal, Aeration Basins,
Secondary Clarifiers, and UV Disinfection. Additionally, return activated
sludge, waste activated sludge, and scum systems will be evaluated as a part of
the liquid treatment processes. The analysis consists of two steps:
• Perform a steady state desk -top analysis using available operating data for the
existing facility, manufacturers' design information (from Brushy Creek
Regional Wastewater Treatment System or manufacturers), published
regulatory guidelines and CDM Smith's experiences with the performance of
these processes, to determine the treatment capacities of existing process units.
The treatment capacities determined by the desk -top analysis will become
baseline in forrnulating improvement alternatives to achieve the targeted rating
for the plant.
✓ Develop stress testing protocol for critical process units such as aeration
basins, secondary clarifiers, to include testing conditions, instrumentation
needs, operational constraints, sampling and lab testing requirements. Assist
in conducting stress testing to determine if these units could perform better
than the treatment capacities predicted by the desk -top analysis. Coordinate
with plant staff for stress testing of the process units in order not to
compromise the level of treatment.
3. Develop an improvement alternative for each process unit that does not have the
capacity to meet the targeted design flow and loading. The improvement
developed will consider both cost and non -cost factors, including compatibility
with existing unit, ease of operation and maintenance, equipment reliability,
system flexibility, implement -ability, and operator's familiarity and experience
with the system.
4. Document the evaluation and the recommended improvements in a Technical
Memorandum (TM) entitled, Liquid Treatment System. This TM will include:
• Recornmended improvements for each process unit
• Conceptual sketches of the recommended improvements to show design
criteria, size of equipment, plans and major sections
• Budgetary cost for planning purpose
2
Submit 10 copies of the draft TM for this task to Brushy Creek Regional
Wastewater Treatment System for review.
5. Concurrently, perform an in-house quality control/quality assurance review. This
task will be done by senior engineers/specialists who have expertise and
experience in the process design for large wastewater treatment facilities. The
review will include technical approach taken by the project team, and
completeness of analysis. Review comments by the technical reviewer(s) will be
shared with Brushy Creek Regional Wastewater Treatment System at the
subsequent workshop for this task.
6. Conduct with Brushy Creek Regional Wastewater Treatment System project
team, a workshop to review the initial improvement alternative. The workshop is
intended to provide the forum in which all stakeholders have the opportunity to
participate and comment on alternative development. With input from the
participants, the recommendation for improvements will be finalized. This
workshop will be held in conjunction with the workshop described in Task 2.
Task 1 Deliverables:
• Draft Technical Memorandum — Liquid Treatment System (10 copies)
• Final Technical Memorandum — Liquid Treatment System (10 copies)
Task 2 Evaluate Solids Handling Capability
Subtasks:
1. The solids handling system consists of:
• Stabilization (Aerobic Holding)
■ Dewatering
Waste Activated Sludge is fed to the aerobic holding tanks for partial
stabilization. The stabilized sludge is dewatered using belt filter presses (BFP).
To determine the capacity requirement of each system for the targeted flow and
loading, the following activities will be conducted:
• Establish bio -solids loading for each process
s Determine additional dewatering needs
2. Develop an improvement alternative when applicable, for each process unit. The
improvement developed will consider both cost and non -cost factors, including
compatibility with existing unit, ease of operation and maintenance, equipment
reliability, system flexibility, implement -ability, and operator's familiarity and
experience with the system.
3
3. Document the evaluation and the recommended improvements in a Technical
Memorandum (TM) entitled, Solids Handling Capability. This TM will include:
• Recommended improvements for each process unit
• Conceptual design of the recommended improvements to show design criteria,
size of equipment, and plans and major sections
• Budgetary cost for planning purpose
Submit 10 copies of the draft TM for this task to Brushy Creek Regional
Wastewater Treatment System for review.
5. Concurrently, perform an in-house quality control/quality assurance review. This
task will be done by senior engineers/specialists who have expertise and
experience in the solids handling facilities for large wastewater treatment
facilities. The review will include technical approach taken by the project team,
and completeness of analysis. Review comments by the technical reviewer(s)
will be shared with Brushy Creek Regional Wastewater Treatment System at the
subsequent workshop for this task.
6. Conduct with Brushy Creek Regional Wastewater Treatment System project
team, a workshop to review the initial improvement alternatives. The workshop
is intended to provide the forum in which all stakeholders have the opportunity to
participate and comment on alternative development. With input from the
participants, the recommendation for improvements will be finalized. This
workshop will be held in conjunction with the workshop described in Task 1.
Task 2 Deliverables:
• Draft Technical Memorandum — Solids Handling Capability (10 copies)
• Final Technical Memorandum — Solids Handling Capability (10 copies)
4
EXHIBIT C
Work Schedule
Notice to Proceed
December 2012
Assist in Conducting Stress Test
March 2013
Draft Technical Memorandum
May 2013
Conduct Workshop
June 2013
Final Memorandum
July 2013
TOTALS
$0.00
$0.00
$35,000.00
$0.00
$0.00
$0.00
$0.00
$35,000.00
C
3
8
0 0 0 0 0 0 0
0
y
0 0 0 0 0 0 0
0
c
0 0 0 0 0 0 0
0
V
64 64 64 64 64 64 64
CO
Other
Direct Costs
O
o
o
O
0 0 0 0 0 0 0
•
0
O O, o 0 0 0
LO
69 69 N 64 64 64 64
N
64
64
Total
Loaded Labor Cost
0
0
O
0
O O d O O O O
0
000000
p
0 0 L0 0 0 0 0
V7
64 63 N 64 64 63 64
N
M
0)
64
64
Total
Labor Hours
0
0
180
0
0
0
0
180
AC Y
Task 1: (e.g. surveying)
Task 2: (e.g. public outreach and concept design development)
Task 3: (e.g. preliminary design/ 30% plans)
Task 4: (e.g. final design/ 60%, 90%, 100% plans)
Task 5: (e.g. bid phase services)
Task 6: (e.g. construction phase services)
Task 7: (e.g. project management)
GRAND TOTAL:
N
LOS
1-'
EXHIBIT E
Certificate of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER:Aon Risk Services, Inc. of Massachusetts
One Federal Street
Boston, MA 02110
Phone; 868-283-7122 E-mail:
INSURED: CDM Smith Inc.
One Cambridge Place
50 Hampshire Place
Cambridge, MA 0219
phone: (6171452-6070 E-mail:
Date:12/31 /12
TOE number required. Please refer to the
Texas Dept of Insurance wobslte: 11..//www.tdi.state.txas/
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 POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
A
LIMITS
GENERAL LIABILITY GL0837663217 1/1/13 111/14 GENERAL AGGREGATE $4,000,000
PRODUCTS-COMP/OP AGG. $4,000,000
PERSONAL & ADV. INJURY 32,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $300,000
MED. EXPENSE (Any one person) $10,000
A
c
AUTOMOBILE LIABILITY BAP 8376631-17 111/13 111/14 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY X00G27048456 1/1/13 1/1114 EACH OCCURRENCE
AGGREGATE
$5,000,000
55,000,000
WORKERS' COMPENSATION WC837663318 STATUTORY LIMITS $yes
AND EMPLOYERS' LIABILITY 1/1/13 1/1114 EACH ACCIDENT 31.000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE $1,000,000
p
PROFESSIONAL LIABILITY QC1301367 1/1113--1/1/14 Each Claim
Aggregate
$1,000,000
$1,000,000
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS: City of Round Rock, BCRWWTS East
Treatment Plant Re -Rate Study.
The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Shoutd any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will malt thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
128384
00650 — 12-2008
SIGNATURE OF A6gNY ICENSED IN STATE OF TEXAS
Typed Near: George Zlfcak
Page 2
Certificate of Liability Insurance
COMPANIES AFFORDING COVERAGE
TOt
A
Zurich American ins Co
95322
B
C
ACE American Insurance Company
42160
10873320
D
Lloyd's of London
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 POLICY EFFECTIVE EXPIRATION
LTR INSURANCE NUMBER DATE DATE
A
LIMITS
GENERAL LIABILITY GL0837663217 1/1/13 111/14 GENERAL AGGREGATE $4,000,000
PRODUCTS-COMP/OP AGG. $4,000,000
PERSONAL & ADV. INJURY 32,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $300,000
MED. EXPENSE (Any one person) $10,000
A
c
AUTOMOBILE LIABILITY BAP 8376631-17 111/13 111/14 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY X00G27048456 1/1/13 1/1114 EACH OCCURRENCE
AGGREGATE
$5,000,000
55,000,000
WORKERS' COMPENSATION WC837663318 STATUTORY LIMITS $yes
AND EMPLOYERS' LIABILITY 1/1/13 1/1114 EACH ACCIDENT 31.000,000
DISEASE - POLICY LIMIT $1,000,000
DISEASE - EACH EMPLOYEE $1,000,000
p
PROFESSIONAL LIABILITY QC1301367 1/1113--1/1/14 Each Claim
Aggregate
$1,000,000
$1,000,000
BUILDERS' RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS: City of Round Rock, BCRWWTS East
Treatment Plant Re -Rate Study.
The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Shoutd any of the above described policies be cancelled or changed before the expiration date
thereof, the issuing company will malt thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
128384
00650 — 12-2008
SIGNATURE OF A6gNY ICENSED IN STATE OF TEXAS
Typed Near: George Zlfcak
Page 2
Certificate of Liability Insurance