R-13-05-23-I9 - 5/23/2013RESOLUTION NO. R -13-05-23-I9
WHEREAS, the City of Round Rock desires to retain engineering services for the University
Boulevard 36" Water Line — Phase 1 Project, and
WHEREAS, CP&Y, Inc. has submitted a Contract for Engineering Services to provide said
services, and
WHEREAS, the City Council desires to enter into said contract with CP&Y, 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 a Contract
for Engineering Services with CP&Y, Inc. for the University Boulevard 36" Water Line — Phase 1
Project, a copy of said contract 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 amended.
RESOLVED this 23rd day of May, 2013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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SARA L. WHITE, City Clerk
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EXHIBIT
"A„
" ROUND ROCK, TEXAS
PURPOSED SSIO4 PROWERPY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CP&Y, INC. ("Engineer")
ADDRESS: 10415 Morado Circle, Building 1, Suite 200, Austin, TX 78759
PROJECT: University Boulevard 36" Water Line — Phase I
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS 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 corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) utider 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, WITNF,SSETH:
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 Rev. 04/13
0199.1356;00273695 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 filly a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notif}, 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 tivith 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 fiilly 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 shalt 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 suns of Two Hundred Twenty -Eight Thousand Two Hundred Twenty and No/100 Dollars
($228,220.00) as shown in Exhibit D. The hunp 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 carried to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment xwith 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 Drive
Round Rock, TX 78664
Telephone Number (512) 218-6605
Fax Number (512) 218-5563
Email Address ezapata@rourldrocktexas.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 mu•casonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jesse Peri, PE
Project Manager
10415 Mot -ado Circle
Building 1, Suite 200
Austin, TX 78759
Telephone Number (512) 349-0700
Fax Number (512) 349-0727
Email Address jpemi a cpyi.coli
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 sliall 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.
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
fiill 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 wider 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 Seii ices, 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 fitrnished 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 mariner 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 lav, 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 comiection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to there. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Conti -act, 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 Engi ieering 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 times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's continents 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) inlrnediately
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 fillfill his/her/its contractual obligations, then City may take
over (lie 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 Iaws,
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/maximuui 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 fiuther obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Takes. 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/leer/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.
Ito]
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 Iiabilities 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) Nan -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 lie/slte/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. Frigineer, 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) Subeonsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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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 34
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 Fast 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:
Jesse Penn, PE
Project Manager
10415 Morado Circle
Building 1, Suite 200
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence, Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fiilly
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 sante 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 finnislned 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 (lie 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 coutractor(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 represeutative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and Rill performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Alan McGraw, Mayor
ATTEST:
By:
Sara L. White, �3' Cl
CP&Y, INC;'
F
By:
Stephan L. Sheets, City Attorney
�lbitaut}w va ,a+�u,.,,r�a. �`•—J ��� �•�•
Printed''f4ame.
i
15
LIST Or 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 will furnish the following information to the Engineer and/or perform the following tasks:
1. Provide existing reports or data the City has on file concerning the project, if available.
2. Provide any available as -built plans for roadways, existing steel encasement, culverts etc.
impacting the project.
3. Provide any available as -built plans for any water lines that are near to, tie into or might affect
the design of the new line.
4. Provide any available utility, parcel and/or topographic mapping information of the project area.
5. Assist the Engineer, as necessary, in obtaining any required data and information from the State,
County, neighboring Cities and/or other franchise utility companies.
6. Assist the Engineer by requiring appropriate utility companies to expose underground utilities
within the right-of-way, when required.
7. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any development that affects the scope of the Engineer's services.
8. Meet on an as needed basis to answer questions, provide guidance and offer comment.
9. Provide construction inspection and construction testing services including coordination and
scope of services.
10. Pay all fees associated with approvals and/or permits from entities when such approvals and/or
permits are necessary as determined by the City.
IL Pay for costs associated with newspaper public notice for bid advertisennent.
12. Assist with property owner coordination for Right -of Entry.
13. Secure easements (using documents prepared by Engineer) as required for construction of
improvements described in Engineer's final design plans.
14. Obtain necessary permits, including TxDOT permits, as required for performing work and
installing water lines in the state right-of-way.
15. Review the Application for Payment and supporting documentation submitted by the Contractor.
16. Provide geotechnical and corrosion assessment services performed by others.
17. Provide modeling support for hydraulic and surge review through City staff and others.
EXHIBIT B
Engineering Services
The University Boulevard 36" Water Line — Phase 1 Project will include Design and construction of approximately 8,000
LF of 36" water line beginning fi•om an existing 36" water line on the ~vest side of FM 1460 & south of University Blvd
through an existing 54" steel encasement pipe under FM 1460, thence easterly along University Blvd. R.O.W. to a point of
termination approximately 7,500 L.F. east of the University Blvd. / F.M. 1460 intersection. The Engineer shall provide lite
necessary engineering and technical services for the completion of environmental studies, public involvement, surveying
and mapping, preliminary engineering technical memorandum development, preparation of plans, specifications and cost
projections for the project.
Engineering services will include preliminary design, design, bid and construction phase services.
The tasks and products are more frilly described in the following TASK OUTLINE.
TASK OUTLINE
BASIC SERVICES
A. PRELIMINARY ENGINEERING
1. PRELIMINARY 'TECHNICAL MEMORANDUM DEVELOPMENT
(a) Meet with City to determine the scope of the project.
(b) Collect available information from the City. Reference Exhibit A.
(c) Include the environmental studies as part of preliminary engineering (see Special Services).
(d) Coordinate subconsultant and City efforts including modeling, surveying and environmental studies.
(e) Attend utility coordination meetings with the City.
(f) Review record drawings for existing water lines, roadways, culverts, roadways bores and the City of Round
Rock Hydraulic Model and master plan.
(g) Work closely with the City and project stakeholders to develop design concept.
(h) Identify the construction easement requirements for the construction of the water line.
(i) Determine the preliminary alignment and walk the site.
0) Identify if any section of the project is within TxDOT ROW, Flood Plain Zone, Railroad ROW, County
ROW, or Recharge Zones.
(k) Prepare Technical Memorandum summarizing the findings of the preliminary engineering phase.
(1) Perform internal QA/QC prior to Technical Memorandum submittal.
(m) Develop Engineer's opinion of probable cost.
B. DESIGN AND BID DOCUMENT PREPARATION
1. PROJECT MEETINGS
(a) Attend, conduct and document six project meetings. Prepare meetiuug minutes including action items to help
maintain project schedule.
(b) Prepare for and attend two meetings with property owners.
2. PREPARATION OF CONSTRUCTION PLANS
(a) Cover sheet, general water line alignment, general notes.
(b) Plan and profile sheets identifying right-of-way, property easement, existing utilities and topographic features.
Scale will be I "=40' horizontal and 1"=4' vertical.
(c) Construction details.
(d) Erosion and sedimentation control sheets.
(e) Prepare project manual according to City's standard front end documents and technical specifications.
(f) Perform internal QA/QC prior to each submittal.
(g) Prepare Design Plans, Specifications, and Engineer's Opinion of Probable Construction Cost at 60%, 90% and
100% design. Include three sets of plans for City review and respond to review comments.
1 of 5
C. BID PHASE SERVICES
1. BID PHASE SERVICES
(a) Conduct pre-bid meeting with City for interested contractors. Provide agenda and sign in sheet.
(b) Distribute bid documents and maintain plan holders' list.
(c) Address and respond to questions and interpretation of bid documents.
(d) Prepare and issue addenda to the bid documents if necessary.
(e) Conduct bid opening at City location, tabulate and review all bids for correctness.
(f) Review qualifications of low bidder and others as needed.
(g) Recommend award of contract or other actions to be taken by the City.
D. CONSTRUCTION PHASE SERVICES
I. CONsTRUC'1'ION PHASE SERVICES
(a) Attend one (1) pre -construction conference with the Owner and the Contractor, review the Contractor's
construction schedule and issue meeting notes to the Owner.
(b) The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of
construction to observe the progress and quality of the Contractor's work. It is assumed for estimation
put -poses that the Engineer will visit the site once a month, four (4) hours per visit, for a total of five (5)
months. Based on the information obtained during such visits, the Engineer will endeavor to determine if the
Contractor's work is proceeding in accordance with the Contract Documents. The purpose of such project site
visits and such observations is to keep the Owner generally informed of the progress of the Contractor's work
and to determine if the completed work of the Contractor conforms in general to the design concept indicated
in (lie Construction Contract Documents. On the other hand, the Engineer shall not, during such visits or as a
result of such observations, supervise, direct, or have control over the Contractor's work nor shall the
Engineer have authority over or responsibility for tine means, methods, techniques, sequences or procedures of
construction selected by the Contractor, for safety precautions and programs incident to the work of (lie
Contractor or for any failure of the Contractor to comply with Hiles, regulations, ordinances, codes or orders
applicable to the Contractor's perfornnance of the work. The Contractor shall have sole authority over and
responsibility for:
(i) the means, methods, techniques, sequences, and procedures of construction
(ii) safety precautions and programs incident to the construction, and
(iii) compliance with rules, regulations, ordinances, codes and orders applicable to the construction. The
Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the
Contractor's failure to furnish and perform its work in accordance with the Construction Contract
Documents.
(c) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the
orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with
tine intent and reasonably inferable front tine Construction Contract Documents.
(d) Make recommendations to the Owner regarding change orders as appropriate and when directed by the
Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result frons
significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included
in this scope of services.
(e) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of
material and test equipment and other data as required by the Construction Contract Documents, but only for
conformance with the design concept indicated in the Construction Contract Documents. Such reviews will
not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions
and programs incident thereto.
(t) Review the Application for Payment and supporting docuntentation submitted by the Contractor after
approval by the inspector, recommend to the Owner the amount that the Contractor is to be paid on moithly
estimates as required by the Construction Contract.
2 of 5
Such recommendation for payment to the Contractor shall not be a representation that the Engineer:
(i) has made exhaustive or continuous on-site observations to check the quality or quantity of the
Contractor's work,
(ii) has reviewed construction means, methods, techniques, sequences, or procedures,
(iii) has reviewed copies of invoices received fionn subcontractors, material suppliers or other data requested
by the Owner to substantiate the Contractor's right to payment,
(iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, 01-
(v)
r(v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any
liens, claims, security interests or encumbrances.
(g) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company
with the Owner's representative and the Contractor, an observation to determine if the work is substantially
complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of
substantial connpletion containing a list of required tasks for the Contractor to complete prior to issuance of
certificate of final completion. Conduct a final walk through together with the Owner and the Contractor to
determine if the work has reached final completion so that the Engineer may recommend final payment to the
Contractor. if appropriate, make recommendations to the Owner for final payment to the Contractor.
(h) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees,
marked up record documents received from the Contractor, which reflect field changes to the bid documents.
The Engineer will review the documents to ascertain, to file best of the Engineer's knowledge and belief, that
the reflected field changes are complete and correct.
(i) Prepare Project record drawings incorporating compiled change orders and field changes that are received
fi•om the Owner and the Contractor. Three (3) sets of prints of "Record Drawings" will be submitted by the
Engineer to the Owner on I I x 17 paper copies.
(j} Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall
deliver the electronic files, on CD, to the Owner. Record drawings on electronic files firrnished to the Owner
are for the convenience of the Owner only. The Record Drawings shall be sole documents relied upon by the
Owner as a reflection of the condition of the project location after completion of the construction activities.
E. PROJECT MANAGEMENT SERVICES
i. PROJECT MANAGEMENT
(a) The Engineer will manage professional services to complete the project Preliminary Engineering phase
including, progress reports, milestones and invoicing.
(b) The Engineer will manage professional services to complete the project Design & Bid Document Prep phase
including, progress reports, milestones and invoicing.
(c) Tine Engineer will manage professional services to complete the project Bid Services phase including,
progress repots, milestones and invoicing.
(d) The Engineer will manage professional services to complete the project Construction Services phase
including, progress reports, milestones and invoicing.
(e) The Engineer will manage professional services to complete the project Special Services phase including,
progress repots, milestones and invoicing.
H. SPECIAL SERVICES
A. ENVIRONMENTAL SERVICES
CP&Y will conduct wetland delineations, a habitat assessment, and cultural resources investigations consistent
with local, state, and federal regulations, as required for the project.
3 of 5
Wetland Delineation
Impacts to jurisdictional wetlands and waters of the U.S. would be permitted under Section 404 of tlue Clean
Water Act by the Fort Worth District of the United States Army Corps of Engineers (USACE). CP&:Y will
conduct a wetland delineation following the 1987 USACE wetland delineation manual procedures and the
Great Plains Regional Supplement to the USACE delineation manual. Once field work has been conducted
Oil the project site, the type of permit required will be determined depending on the area of impacts, if any, to
jurisdictional waters and wetlands. If a Pre-Conslructior Notification to the USACE or Individual Pen•arit is
required, it world be conducted under a separate work authorization.
2. Tlureatened and Endangered Species Habitat Assessment
CII&Y will review technical databases, technical literature, and governmental publications and databases prior
to conducting field surveys to identify federally threatened, endangered, and candidate plant and animal
species in the vicinity of the project area. The habitat assessment includes determining whether suitable
habitat exists within and adjacent to the proposed project area, taking representative photographs of the
project area, and reporting all findings. Protocols for determining required habitat will be performed for the
federally threatened, endangered, and candidate species in Williamson County. Iflnabitat for federally listed
species is identified, coorclinlatioJn with the US. Fish and Iflildife, Service would be conducted under a
supplemental agreement.
Cultural Resources Investigations
The proposed project is being sponsored by the City of Round Rock (the City), a political subdivision of the
state of Texas; as such the project would fall under the jurisdiction of the Antiquities Code of Texas. In
addition, the City may be applying to the US Army Corps of Engineers (USACE) for permitting to construct
project facilities tinder Section 404 of the Clean Water Act; as such, the proposed undertaking may also fall
under the jurisdiction of Section 106 of the National Historic Preservation Act (NHPA). As the project
represents a publicly sponsored undertaking with the potential to impact potentially significant cultural
resources, the City is required to provide for a cultural resource inventory of the APE.
Archival Research
Prior to initiating fieldwork, Horizon will:
Obtain a Texas Antiquities Permit from the Texas Historical Commission (THC). The application
for the Texas Antiquities Permit requires the signature of Horizon's Archeological Principal
Investigator and an authorized representative of the project sponsor.
Perform basic archival research at the THC, the Texas Archeological Research Laboratory (TARL),
the General Land Office (GLO), the National Park Service's (NPS) online National Register
Information System (NRIS), and/or other relevant archives for information on previous cultural
resource investigations conducted in the vicinity of the project's APE and previously recorded
cultural resource sites and historic properties in and near the project's APE.
Review the abovementioned archives; historic, geological, and soil snaps; and aerial surveys and
Photographs prior to initiating fieldwork to evaluate the potential for encountering significant cultural
resources within the project's APE.
Cultural Resource Surrey FieAlwork
Horizon will:
• Perfonn an intensive pedestrian survey of the APE, consisting of surface walkover with surface
inspection and shovel testing at a level of intensity sufficient to meet or exceed the Texas State
Minimum Archeological Survey Standards (TSMASS) and guidelines established by the Council of
Texas Archeologists (CTA) unless field conditions Warrant excavation of more or fewer shovel tests.
• Document any cultural resources encountered to a sufficient degree to make preliminary
determinations of the significance of the resources in terms of their eligibility for inclusion in the
National Register of Historic Places (NRNP) and for designation as State Archeological Landmarks
(SALs).
• Inspect the locales of any previously recorded archeological sites Within the APE and assess their-
current
heircurrent condition.
• Complete and submit State of Texas Archeological Site Data Forms (for new archeological sites) or
State of Texas Archeological Site Update Forms (for previously recorded archeological sites) to
4 of
TARL. Permanent site trinomials will be obtained from TARL for any new archeological sites
documented within the APE during the survey.
Reporting
Horizon will:
• Develop draft and final technical reports detailing the project background, environmental and
cultural setting of the project area, research goals and survey methods, survey results,
recommendations for any cultural resources documented during the survey, and a bibliography of
references cited suitable for review by the THC and any other applicable regulatory agencies.
• Assess the significance of any cultural resources within the project's APE in terms of their potential
eligibility for inclusion in the NRHP and for designation as SALs.
• Submit 2 hard copies of a draft technical report describing the results of the survey to the THC and
any other applicable regulatory agencies for review and comment. Horizon will coordinate review of
the draft report with the regulatory agencies unless the client would prefer to coordinate agency
review.
• Respond to any comments on the draft report offered by the THC and any other applicable regulatory
agencies and produce a final report.
• Submit the final report, including up to 4 hard copies and I electronic copy to the client and the THC
to f i fill the conditions of the Antiquities Permit.
B. SURVEYING SERVICES
Limits: Encompassing a 75 foot strip of route survey fi-om 500 feet south of University Blvd. along the easterly
ROW line of FM 1460 to the existing waterline main near the former CR 114 intersection thence along the
southerly ROW line of University Blvd. for approx. 7500 feet. 'Total distance for the project is approximately
5000 feet in length.
I. Surveyor will prepare a property schematic generated from record data as prepared for the University Blvd.
Improvement Project by Williamson County for the total project as now briefed to include a list of property
owners.
2. Surveyor will attempt recovery of survey datum control as established previously for local CORR, State and
County projects in the immediate vicinity of this project. The values will be reconciled to NAD 83 Texas
State Plane Coordinates, Cental Zone 4203, US Survey feet. Vertical Datum will be relative as to that
established for the above projects and reconciled to the CORR Survey Control System at Station 01-040
located at CR 112.
3. Design and establish horizontal survey traverse as needed for topographic data gathering procedures.
4. Surveyor will perform differential level loops for installation of a benchmark system at strategic locations at
approximate 1000 foot intervals within the project limits only to the extent to augment the University Blvd.
vertical control network already established.
5. Collect spot elevations along the project route including edges of back of curbs, driveways, visible utilities,
drainage structures, centerline of roads, trees 5" and tip, any other hard surfaced improvements within the
defined area, grade breaks, flowlines of watercourses, and other significant features relevant to the project
(MH inverts, if any). The collected data will include spot elevations and breaklines sufficient to generate
and/or merge to a 1 foot contour interval DTM for the project.
6. Surveyor will perform sufficient boundary analysis to prepare deliverables for up to 4 permanent easements
along the project route and within the University Blvd. ROW. This proposal assumes that there will be
preparation of Temporary Construction Easements (if any) and that the easements by minimal description
(signed and sealed) will be parallel and coincident with the existing permanent easement AND that a minimal
sketch depicting the TCE will be delivered as support to the permanent easement description.
7. Deliverables will include an Autocad 31) file with break -lines. A DTM file processed to 1.0 foot contours will
be provided and the associated spot point data in ASCII format. A list of benchmarks and project control
coordinates will be included in list formats and notated in the DTM file.
8. Surveyor will locate and process up to 8 geotechnical boreholes within the project limits. This proposal
assumes a separate mission for collecting this information but is included in the field survey estimates.
5 of
EXHIBIT C
Work Schedule
Task
Duration
Completion Date
Notice to Proceed
N/A
Jun 1, 2013
Initial Data Collection
7
Jun 8, 2013
Topographic Survey
35
Jul 13, 2013
ENV Study
14
Jul 27, 2013
Preliminary Technical Memo TM
21
Aug 17, 2013
City Review of TM
14
Aug 31, 2013
60% Plans Submittals
56
Oct 26, 2013
City Review of 60% Plans
14
Nov 9, 2013
90% Plans Submittals
56
Jan 4, 2014
City Review of 90% Plans
28
Feb 1, 2014
100% Plans Submittal
14
Feb 15, 2014
Bid Phase Services
56
Apr 12, 2014
Notice to Proceed
56
Jun 7, 2014
Construction Phase Services
150
Nov 4, 2014
EXHIBIT D
Fee Schedule
Attached Behind This Page
University Boulevard 36" Water Line - Phaso I
City of Round Rock
Task Description
Total Labor Hours
Total Loaded Labor
Cost
Other Direct Costs
I. BASIC SERVICES
D. CONSTRUCTION PFfASESFRVJCE3__
2 62
30, 11 O.Co
SUB -TOTAL BASIC ENGINEERING SERVICES
1. PEC-1—AL WRVICES
$ �1 1�ko,w
s 1,342,
SUB JOTAL SPECIAL SERVICES
$
SUB -TOTAL (BASIC & SPECIAL SERVIC
ic 22 878.0
$ 1,342.00
GRAND TOTAL (BASIC & SPECIAL SERVICES & EXPENSEk___T___
228,220,11A
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Exhibit D
University Boulevard 36" Water Line - Phase I
City of Round Rock
Expense Item
Unit
Unit Cost
Amount
Total Cost
cxb-6-p-lQtting
Mylar Plots
Plotting
11 X_17" Mylar
8 112-1 X 11" BAN Paper Copiessheet
11" x iFffw- Paper Copies
� P Copies s
-6 1/2"X 11" (*oL�
--_._.-_11" X 17' Color Paper Copies
Film and Development
4 X 6 Digital Color Prints
Standard Postage
Express Mail (Standards
Express Mail LOweni-zed)
Deliveries
-sf
if
If
sheet
sheet
1-,50
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00273705.XLSX Page 1 of 1
EXHIBIT E
Certificate of Insurance
Attached Behind This Page
A CERTIFICATE OF LIABILITY INSURANCE
DATE (MIAJDOIY3
9/10/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the pol)cy(les) must be endorsed. If SUBROGATION 13 WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such ondorsement(s).
PRODUCER
McLaughlin Brudson Insurance Agency, LLP
6600 LSJ Freeway
Suite 220
CO TACT_ Jeff A McLaughlin
9
NAME: cau-_�.—
PHONE FAX
(AJC.tto.Eail, (214_) 503-2212 _ AIC No: (214) 503-8899
E-MAIL
—ADDRESS:__--------- ----------------
Dallas TX 75240
tNSURER(S)AFFOR01 GCOVERAGE NAIL AA_
INSURERA:XL Specialty Insurance Company 37885
222 H. Main St.
INSURED
iNSURERB: Travelers Lloyds Ins. Company 41262
INSURERC: St. Paul Fire & Marine Ins. Co. 24767
CP&y, Inc._
INSURER D: Travelers Indemnity Cc of CT 25682
1820 Regal Row
INSURER E; Hartford Casualty Insurance Co. 29924 _
Ste 200
Dallas TX 75235
y
PACP1951LB95
Valuable Papers
INSURER F :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE M.tAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I TR
TYPE OF INSURANCE
UL
POLICY NUMBER
POLIC EFF
MM1DU
POLiCYEXP
MhVDO
LIMITS
GENERAL LIABILITY
AUTHORIZED REPRESENTATIVErSG.�:ArUaE Of�AGENT LICEtJ5ED 4V STATE OF tF%fS
222 H. Main St.
Typed Name: Jeff A- McLaughlin
Round Rock Tx 78664
V License ID: 1216645
EACH OCCURRENCE s 11000,000
DAMAGE TO RENTED
PREMISES Eao urr S 1,000,000
B
X COLWERCIALGENERALLIABILiTY
CLAMS -MADE FX] OCCUR
X
y
PACP1951LB95
Valuable Papers
6/1/2012
6/1/2013
MED EXP (Any one person) $ 10,000
PERSONAL 1, ADV INJURY $ 11000,000
X Contractual Li_ab
$2,245,000 - -
GENERAL AGGREGATE S 2,000 000 _
X Severability of Int.
GENL AGGREGATE LIMIT APPLIES PER:
POLICY5-1PR0.
LOC
AUTOMOBILE LIABILITY
PRODUCTS . CO'dPlOP AG G S 2,000,000
S
(EA acddeniSlhGLE tMIT 1,000,000
BODILY INJURY (Per person) S
D
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS _..- AUTOS
HIREDAVTOS AUTOS
X
X
DA3865MO55
6/1/2012
6/1/2013
BODILY INJURY (Per accdent) S
MAGE
PROPERTY DAMAGE
Par.M S
S
C
X
UMBRELLA UAB
X
OCCUR
y
Y
ZUP-1OSO485A-12-NF
6/1/2012
6/1/2013
EACH OCCURRENCE s 10,000,000
AGGREGATE s 10,000,000
EXCESS LIAR
CLAIMS -MADE
--
OEO RETENTIONS
WORKERSCOMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPI:IETOP,PARTNERIEXECLMVE YIN
OFFICEWMdEMBER EXCLUDED? O
(Mandatory In NH)
If ygs, describe un der
DESCRIPTION OF OPERATIONS 6nlow
S
YIC STATU• OTH-
X IM
B
N/A
X
46WBZI466I
1/1/2013
1/1/2014
E.L. EACH ACCIDENT S 500,000
E.L. DISEASE •EAEMAPLOYE S 500,000
E.L. DISEASE - POLICY LIMIT 3 500,000
A
Professional Liability
N
X
DPR9706855
4/1/2013
4/1/2014
Per Claiggregate 3,000,000
AnnS
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddRionsl Ramu$k2 Schedule, It more apace Is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. Thirty day notice of
cancellation in favor of the certificate holder on all policies. The City of Round Rock is named as
additional insured with respect to all policies except Workers Compeneation/Bmployera' Liability and
Professional Liability policies as required by contract. RBt University Boulevard 36" Water Line
- Phase I
CERTIFICATE HOLUhK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Round Rock
City Manager-
AUTHORIZED REPRESENTATIVErSG.�:ArUaE Of�AGENT LICEtJ5ED 4V STATE OF tF%fS
222 H. Main St.
Typed Name: Jeff A- McLaughlin
Round Rock Tx 78664
V License ID: 1216645
n �r^ !% rnOonDATIr1Md Ail rinhfc fPSPtVP.d_
ACORD 25 (2010/05) The ACORD name and logo aro registered marks of ACORD
City of Round Rock
,ROUNDROCICTF.XAS
vuAross. n�don rac��n
Agenda Item Summary
Agenda Number: 1.9
Title: Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with CP&Y, Inc. for the University Boulevard 36"
Water Line - Phase I Project.
Type: Resolution
Governing Body: City Council
Agenda Date: 5/23/2013
Dept Director: Michael Thane, Utilities and Environmental Services Director
Cost: $228,220.00
Indexes: Self -Financed Water Construction
Attachments: Resolution, Exhibit A, Map
Text of Legislative File 13-327
The northeast area of Round Rock, specifically east of A.W. Grimes Boulevard and north of County
Road 172, does not currently have water and wastewater utilities in place to serve this area. The
City recently completed Water and Wastewater System Master Plans that have identified the
necessary improvements for utilities in this part of Round Rock.
The University Boulevard Water Line Project is one of the projects that will extend water
infrastructure east of A.W. Grimes Boulevard in order to convey potable water to the northeast
quadrant of Round Rock. This Professional Services Contract is for the Design and Construction
Phase Services of approximately 8,000 Linear Feet (LF) of 36" water line beginning from an existing
36" water line on the west side of A.W. Grimes Boulevard and south of University Boulevard through
an existing 54" steel encasement pipe under A.W. Grimes Boulevard, thence easterly along
University Boulevard Right -of -Way to a point of termination approximately 7,500 LF east of the
University Boulevard / A.W. Grimes Boulevard intersection. City staff recommends awarding this
contract to CP&Y, Inc. for the amount of $228,220.
Cost: $228,220.00
Source of Funds: Self Financed Water Construction
Staff recommends approval.
City of Round Rock Page 1 Printed on 5/21/2013
EXECUTED
ORIGINAL II'i
DOCUMENT
FOLLOW
IrROUND ROCK, TEXAS
ASMOR PROSPER"
FIRM: CP&Y. INC.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
ADDRESS: 10415 Morado Circle, Building 1, Suite 200, Austin, TX 78759
PROJECT: University Boulevard 36" Water Line — Phase 1
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THI,�J CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this they ` %day of AAA19r= 2013 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Govermnent Code §2254.002(2)(A)(vii) tinder 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 Rev. 04/13
0199.1356; 00273695 00192831
9--13 -05-231
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 filly a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE I
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/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 fiilly and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by 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 Two Hundred Twenty -Eight Thousand Two Hundred Twenty and No/100 Dollars
($228,220.00) 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 earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. Tile 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. Tile 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 Drive
Round Rock, TX 78664
Telephone Number (512) 218-6605
Fax Number (512) 218-5563
Email Address ezipata@rotiiidrocktexas.gov
rouiidrocktexas.gov
4
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 unycasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jesse Penn, PE
Project Manager
10415 Morado Circle
Building 1, Suite 200
Austin, TX 78759
Telephone Number (512) 349-0700
Fax Number (512) 349-0727
Email Address jpenn@cpyi.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.
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. Stich thirty -day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
fiill 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 raider 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.
6
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 Supp]emental 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 finnished 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.
7
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in comiection 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 finnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the dirties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE lb
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.
8
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable tinges 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 oil 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 nnrtual agreenlent 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 fiilfill 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 tinge 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
9
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, minimunr/maxinuum 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 fiuther 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.
10
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 mai' 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified avail 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.
12
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
13
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Jesse Penn, PE
Project Manager
10415 Morado Circle
Building 1, Suite 200
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fiilly
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 fiunished 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 sarne 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.
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(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 ftill 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 hill performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS AP VED AS FORM:
By:
Alan cGraw, Mayor tep i i L. Sheets, City Attorney
AT'
By:
CPQ
By:
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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 will furnish the following information to the Engineer and/or perform the following tasks:
1. Provide existing reports or data the City has on file concerning the project, if available.
2. Provide any available as -built plans for roadways, existing steel encasement, culverts etc.
impacting the project.
3. Provide any available as -built plans for any water lines that are near to, tie into or might affect
the design of the new line.
4. Provide any available utility, parcel and/or topographic mapping information of the project area.
5. Assist the Engineer, as necessary, in obtaining any required data and information from the State,
County, neighboring Cities and/or other franchise utility companies.
6. Assist the Engineer by requiring appropriate utility companies to expose underground utilities
within the right-of-way, when required.
7. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any development that affects the scope of the Engineer's services.
8. Meet on an as needed basis to answer questions, provide guidance and offer comment.
9. Provide construction inspection and construction testing services including coordination and
scope of services.
10. Pay all fees associated with approvals and/or permits from entities when such approvals and/o•
permits are necessary as determined by the City.
11. Pay for costs associated with newspaper public notice for bid advertisement.
12. Assist with property owner coordination for Right -of Entry.
13. Secure easements (using documents prepared by Engineer) as required for construction of
improvements described in Engineer's final design plans.
14. Obtain necessary permits, including TxDOT permits, as required for performing work and
installing water lines in the state right-of-way.
15. Review the Application for Payment and supporting documentation submitted by the Contractor.
16. Provide geotechnical and corrosion assessment services performed by others.
17. Provide modeling support for hydraulic and surge review through City staff and others.
EXHIBIT B
Engineering Services
The University Boulevard 36" Water Line — Phase 1 Project will include Design and construction of approximately 8,000
LF of 36" water line beginning from an existing 36" water line on the west side of FM 1460 & south of University Blvd
through an existing 54" steel encasement pipe under FM 1460, thence easterly along University Blvd. R.O.W. to a point of
termination approximately 7,500 L.F. east of the University Blvd. / F.M. 1460 intersection. The Engineer shall provide the
necessary engineering and technical services for the completion of environmental studies, public involvement, surveying
and mapping, preliminary engineering technical memorandum development, preparation of plans, specifications and cost
projections for the project.
Engineering services will include preliminary design, design, bid and construction phase services.
The tasks and products are more filly described in the following TASK OUTLINE.
TASK OUTLINE
I. BASIC SERVICES
A. PRELIMINARY ENGINEERING
1. PRELIMINARY TECHNICAL MEMORANDUM DEVELOPMENT
(a) Meet with City to determine the scope of the project.
(b) Collect available information from the City. Reference Exhibit A.
(c) Include the environmental studies as part of preliminary engineering (see Special Services).
(d) Coordinate subconsultant and City efforts including modeling, surveying and environmental studies.
(e) Attend utility coordination meetings with the City.
(f) Review record drawings for existing water lines, roadways, culverts, roadways bores and the City of Round
Rock Hydraulic Model and master plan.
(g) Work closely with the City and project stakeholders to develop design concept.
(h) Identify the construction easement requirements for the construction of the water line.
(i) Determine the preliminary alignment and walk the site.
(j) Identify if any section of the project is within TxDOT ROW, Flood Plain Zone, Railroad ROW, County
ROW, or Recharge Zones.
(k) Prepare Technical Memorandum summarizing the findings of the preliminary engineering phase.
(1) Perform internal QA/QC prior to Technical Memorandum submittal.
(in) Develop Engineer's opinion of probable cost.
B. DESIGN AND BID DOCUMENT PREPARATION
1. PROJECT MEETINGS
(a) Attend, conduct and document six project meetings. Prepare meeting minutes including action items to help
maintain project schedule.
(b) Prepare for and attend two meetings with property owners.
2. PREPARATION OF CONSTRUCTION PLANS
(a) Cover sheet, general water line alignment, general notes.
(b) Plan and profile sheets identifying right-of-way, property easement, existing utilities and topographic features.
Scale will be 1 "=40' horizontal and 1 "=4' vertical.
(c) Construction details.
(d) Erosion and sedimentation control sheets.
(e) Prepare project manual according to City's standard fi-ont end documents and technical specifications.
(f) Perform internal QA/QC prior to each submittal.
(g) Prepare Design Plans, Specifications, and Engineer's Opinion of Probable Construction Cost at 60%, 90% and
100% design. Include tivee sets of plans for City review and respond to review comments.
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C. BID PHASE SERVICES
1. BID PHASE SERVICES
(a) Conduct pre-bid meeting with City for interested contractors. Provide agenda and sign in sheet.
(b) Distribute bid documents and maintain plan holders' list.
(c) Address and respond to questions and interpretation of bid documents.
(d) Prepare and issue addenda to the bid documents if necessary.
(e) Conduct bid opening at City location, tabulate and review all bids for correctness.
(f) Review qualifications of low bidder and others as needed.
(g) Recommend award of contract or other actions to be taken by the City.
D. CONSTRUCTION PHASE SERVICES
1. CONSTRUCTION PHASE SERVICES
(a) Attend one (1) pre -construction conference with the Owner and the Contractor, review the Contractor's
construction schedule and issue meeting notes to the Owner.
(b) The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of
construction to observe the progress and quality of the Contractor's work. It is assumed for estimation
purposes that the Engineer will visit the site once a month, four (4) hours per visit, for a total of five (5)
months. Based on the information obtained (hiring such visits, the Engineer will endeavor to determine if the
Contractor's work is proceeding in accordance with the Contract Documents. The purpose of such project site
visits and such observations is to keep the Owner generally informed of the progress of the Contractor's work
and to determine if the completed work of the Contractor conforms in general to the design concept indicated
in the Construction Contract Documents. On the other hand, the Engineer shall not, during such visits or as a
result of such observations, supervise, direct, or have control over the Contractor's work nor shall the
Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor, for safety precautions and programs incident to the work of the
Contractor or for any failure of the Contractor to comply with rules, regulations, ordinances, codes or orders
applicable to the Contractor's performance of the work. The Contractor shall have sole authority over and
responsibility for:
(i) the means, methods, techniques, sequences, and procedures of construction
(ii) safety precautions and programs incident to the construction, and
(iii) compliance with rules, regulations, ordinances, codes and orders applicable to the construction. The
Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the
Contractor's failure to furnish and perform its work in accordance with the Construction Contract
Documents.
(c) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the
orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with
the intent and reasonably inferable from the Construction Contract Documents.
(d) Make recommendations to the Owner regarding change orders as appropriate and when directed by the
Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from
significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included
in this scope of services.
(e) Review samples, catalog data, schedules, submittals, shop drawings, laboratory, shop and mill tests of
material and test equipment and other data as required by the Construction Contract Documents, but only for
conformance with the design concept indicated in the Construction Contract Documents. Such reviews will
not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions
and programs incident thereto.
(f) Review the Application for Payment and supporting documentation submitted by the Contractor after
approval by the inspector, recormnend to the Owner the amount that the Contractor is to be paid on monthly
estimates as required by the Construction Contract.
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Such recommendation for payment to the Contractor shall not be a representation that the Engineer:
(i) has made exhaustive or continuous on-site observations to check the quality or quantity of the
Contractor's work,
(ii) has reviewed construction means, methods, techniques, sequences, or procedures,
(iii) has reviewed copies of invoices received fi•om subcontractors, material suppliers or other data requested
by the Owner to substantiate the Contractor's right to payment,
(iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or
(v) has determined that title to any of the Contractor's work has passed to the Owner fi•ee and clear of any
liens, claims, security interests or encumbrances.
(g) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company
with the Owner's representative and the Contractor, an observation to determine if the work is substantially
complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of
substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of
certificate of final completion. Conduct a final walk through together with the Owner and the Contractor to
determine if the work has reached final completion so that the Engineer may recommend final payment to the
Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor.
(it) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees,
marked up record documents received from the Contractor, which reflect field changes to the bid documents.
The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that
the reflected field changes are complete and correct.
(i) Prepare Project record drawings incorporating compiled change orders and field changes that are received
fi-om the Owner and the Contractor. Three (3) sets of prints of"Record Drawings" will be submitted by the
Engineer to the Owner on 11x17 paper copies.
(j} Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall
deliver the electronic files, on CD, to the Owner. Record drawings on electronic files furnished to the Owner
are for the convenience of tine Owner only. The Record Drawings shall be sole documents relied upon by the
Owner as a reflection of the condition of the project location after completion of the construction activities.
E. PROJECT MANAGEMENT SERVICES
1. PROJECT MANAGEMENT
(a) The Engineer will manage professional services to complete the project Preliminary Engineering phase
including, progress reports, milestones and invoicing.
(b) The Engineer will manage professional services to complete the project Design & Bid Document Prep phase
including, progress reports, milestones and invoicing.
(c) The Engineer will manage professional services to complete the project Bid Services phase including,
progress reports, milestones and invoicing.
(d) The Engineer will manage professional services to complete the project Construction Services phase
including, progress reports, milestones and invoicing.
(e) The Engineer will manage professional services to complete the project Special Services phase including,
progress reports, milestones and invoicing.
II. SPECIAL SERVICES
A. ENVIRONMENTAL SERVICES
CP&Y will conduct wetland delineations, a habitat assessment, and cultural resources investigations consistent
with local, state, and federal regulations, as required for the project.
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Wetland Delineation
Impacts to jurisdictional wetlands and waters of the U.S. would be permitted under Section 404 of the Clean
Water Act by the Fort Worth District of the United States Army Corps of Engineers (USACE). CP&Y will
conduct a wetland delineation following the 1987 USACE wetland delineation manual procedures and the
Great Plains Regional Supplement to the USACE delineation manual. Once field work has been conducted
on the project site, the type of permit required will be determined depending on the area of impacts, if any, to
jurisdictional waters and wetlands. If a Pre -Construction Notification to the USACE or Individual Permit is
required, it would be conducted ruiner a separate work authorizalion.
Threatened and Endangered Species Habitat Assessment
CP&Y will review technical databases, technical literature, and governmental publications and databases prior
to conducting field surveys to identify federally threatened, endangered, and candidate plant and animal
species in the vicinity of the project area. The habitat assessment includes determining whether suitable
habitat exists within and adjacent to the proposed project area, taking representative photographs of the
project area, and reporting all findings. Protocols for determining required habitat will be performed for the
federally threatened, endangered, and candidate species in Williamson County. If habitat for federally listed
species is identified, coordination with the U.S. Fish and JVildlife, Service would be conducted uncles a
supplemental agreement.
Cultural Resources Investigations
The proposed project is being sponsored by the City of Round Rock (the City), a political subdivision of the
state of Texas; as such the project would fall under the jurisdiction of the Antiquities Code of Texas. In
addition, the City may be applying to the US Army Corps of Engineers (USACE) for permitting to construct
project facilities tinder Section 404 of the Clean Water Act; as such, the proposed undertaking may also fall
under the jurisdiction of Section 106 of the National Historic Preservation Act (NHPA). As the project
represents a publicly sponsored undertaking with the potential to impact potentially significant cultural
resources, the City is required to provide for a cultural resource inventory of the APE.
Archii al Research
Prior to initiating fieldwork, Horizon will:
• Obtain a Texas Antiquities Permit from the Texas Historical Commission (THC). The application
for the Texas Antiquities Permit requires the signature of Horizon's Archeological Principal
Investigator and an authorized representative of the project sponsor.
• Perform basic archival research at the THC, the Texas Archeological Research Laboratory (TARL),
the General Land Office (GLO), the National Park Service's (NPS) online National Register
Information System (NRIS), and/or other relevant archives for information on previous cultural
resource investigations conducted in the vicinity of the project's APE and previously recorded
cultural resource sites and historic properties in and near the project's APE.
• Review the abovententioned archives; historic, geological, and soil maps; and aerial surveys and
photographs prior to initiating fieldwork to evaluate the potential for encountering significant cultural
resources within the project's APE.
Cultaral Resource Surrey Fieldwork
Horizon will:
• Perform an intensive pedestrian survey of the APE, consisting of surface walkover with surface
inspection and shovel testing at a level of intensity sufficient to meet or exceed the Texas State
Minimum Archeological Survey Standards (TSMASS) and guidelines established by the Council of
Texas Archeologists (CTA) unless field conditions warrant excavation of more or fewer shovel tests.
• Document any cultural resources encountered to a sufficient degree to make preliminary
determinations of the significance of the resources in terms of their eligibility for inclusion in the
National Register of Historic Places (NRNP) and for designation as State Archeological Landmarks
(SALs).
• Inspect the locales of any previously recorded archeological sites within the APE and assess their
current condition.
• Complete and submit State of Texas Archeological Site Data Forms (for new archeological sites) or
State of Texas Archeological Site Update Forms (for previously recorded archeological sites) to
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TARL. Permanent site trinomials will be obtained from TARL for any new archeological sites
documented within the APE during the survey.
Reporting
Horizon will:
• Develop draft and final technical reports detailing the project background, environmental and
cultural setting of the project area, research goals and survey methods, survey results,
recommendations for any cultural resources documented during the survey, and a bibliography of
references cited suitable for review by the THC and any other applicable regulatory agencies.
• Assess the significance of any cultural resources within the project's APE in terms of their potential
eligibility for inclusion in the NRHP and for designation as SALs.
• Submit 2 hard copies of a draft technical report describing the results of the survey to the THC and
any otlier applicable regulatory agencies for review and connnent. Horizon will coordinate review of
the draft report with the regulatory agencies unless the client would prefer to coordinate agency
review.
• Respond to any continents on the draft report offered by the T14C and any other applicable regulatory
agencies and produce a final report.
• Submit the final report, including up to 4 hard copies and 1 electronic copy to the client and the THC
to firlfill the conditions of the Antiquities Permit.
B. SURVEYING SERVICES
Limits: Encompassing a 75 foot strip of route survey fi-om 500 feet south of University Blvd. along the easterly
ROW line of FM 1460 to the existing waterline main near the former CR 114 intersection thence along the
southerly ROW line of University Blvd. for approx. 7500 feet. Total distance for the project is approximately
8000 feet in length.
I. Surveyor will prepare a property schematic generated from record data as prepared for the University Blvd.
Improvement Project by Williamson County for the total project as now briefed to include a list of property
owners.
2. Surveyor will attempt recovery of survey datum control as established previously for local CORR, State and
County projects in the immediate vicinity of this project. The values will be reconciled to NAD 83 Texas
State Plane Coordinates, Central Zone 4203, US Survey feet. Vertical Datum will be relative as to that
established for the above projects and reconciled to the CORR Survey Control System at Station 01-040
located at CR 112.
3. Design and establish horizontal survey traverse as needed for topographic data gathering procedures.
4. Surveyor will perform differential level loops for installation of a benchmark system at strategic locations at
approximate 1000 foot intervals within the project limits only to the extent to augment the University Blvd.
vertical control network already established.
5. Collect spot elevations along the project route including edges of back of curbs, driveways, visible utilities,
drainage structures, centerline of roads, trees 8" and up, any other hard surfaced improvements within the
defined area, grade breaks, flowlines of watercourses, and other significant features relevant to the project
(MH inverts, if any). The collected data will include spot elevations and breaklines sufficient to generate
and/or merge to a 1 foot contour interval DTM for the project.
6. Surveyor will perform sufficient boundary analysis to prepare deliverables for up to 4 permanent easements
along the project route and within the University Blvd. ROW. This proposal assumes that there will be
preparation of Temporary Construction Easements (if any) and that the easements by minimal description
(signed and sealed) will be parallel and coincident with the existing permanent easement AND that a minimal
sketcli depicting the TCE will be delivered as support to the permanent easement description.
7. Deliverables will include an Autocad 3D file with break -lines. A DTM file processed to 1.0 foot contours will
be provided and the associated spot point data in ASCII format. A list of benchmarks and project control
coordinates will be included in list formats and notated in the DTM file.
8. Surveyor will locate and process up to 8 geotechnical boreholes within the project limits. This proposal
assumes a separate mission for collecting this information but is included in the field survey estimates.
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EXHIBIT C
Work Schedule
Task
Duration
Completion Date
Notice to Proceed
N/A
Jun 1, 2013
Initial Data Collection
7
Jun 8, 2013
Topographic Survey
35
Jul 13, 2013
ENV Study
14
Jul 27, 2013
Preliminary Technical Memo TM
21
Aug 17, 2013
City Review of TM
14
Aug 31, 2013
60% Plans Submittals
56
Oct 26, 2013
City Review of 60% Plans
14
Nov 9, 2013
90% Plans Submittals
56
Jan 4, 2014
City Review of 90% Plans
28
Feb 1, 2014
100% Plans Submittal
14
Feb 15, 2014
Bid Phase Services
56
Apr 12, 2014
Notice to Proceed
56
Jun 7, 2014
Construction Phase Services
150
Nov 4, 2014
EXHIBIT D
Fee Schedule
Attached Behind This Page
Exhibit D
University Boulevard 36" Water Line - Phase I
City of Round Rock
Task Description
Total Labor Hours
Total Loaded Labor
Other Direct Costs
Cost
L BASIC SERVICES
A. PRELIMINARY ENGINEERING
292
S
34,ti80.00
B. DESIGN AND BID DOCUMENT PREPARATION
740
S
85,190.00
$
C- BID PHASE SERVICES_
94
_ _ 10 030.00
$
D. CONSTRUCTION PHASE SERVICES _
_
282
i
30,110.00
$
E. PROJECT MANAGEMENT
154
$
f7_670 OD
S
F. EXPENSES
$
$
1.342.00
SUB -TOTAL BASIC ENGINEERING SERVICES
1542
S
177,980.00
S
1,342.00
I SPECIAL SERVICES
ACP&Y ENVIRONMENTAL SERVICES _SEGIdENT 1
_
$
5,850.00
$
B. CP&Y ENVIRONMENTAL SERVICES- SEGMENT_ _2 _
_
$— .
0,210.00
$
C. HORIZON ENVIRONMENTAL SERVICES
_$
5,500.00
D. INLAND GEODETICS UP
_
$
31,338.00
S _
SUB -TOTAL SPECIAL SERVICES
$
48,898.00
S
SUB -TOTAL BASIC & SPECIAL SERVICES)
78.001
$
1,342.00
GRAND TOTAL BASIC & SPECIAL SERVICES & EXPENSES
f
228,220.00
00273705.XLSX Page 1 of 6
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Exhibit D
University Boulevard 36" Wager Line - Phase I
City of Round Rock
Expense Item
Unit
Unit Cost
Amount
Total Cost
CADD Plotting
sf
S 1.50
M ar Plots
If
$ 8.00
S
Digital Ortho Plotting
If
_
2.00
11" X 17' Mylar
shell
S 1.00
40
i
40.00
81/2" X 11" BIW Paper Copies
Shea!
$ 0.10
3.70
11" X 17" BIW Paper Copies
Sheet
0.15
600
S
00.00
81/2" X 11" Color Paper Copies
sheet
_
1.00
180
$
1x10.00
11" X 17" Color Paper Copies — —
shed
$ 1.80
40
Z
72.00
Fax Copies
shed
0.10
Film and Development
roll
; 8.00
4 X 6 Digital Color Prints
i O.50
i
Oversized Digital Color Prints
50.00
S
Standard Postage
letter
$ 0.44
Express Mail Standard
each
$ 16.00
4 S
00.00
Express Mail Oversized
each
i 30.00
Deliveries
each
25.00
_
Airfare
each
S 200.00
i
Rental Car
day
i_ 80.00
L4Ldping
day
$ 85.00
i
Meats
day
S 36.00
$
Mileage
mile
$ 0.550
600
339.90
GPS Rental
100.000
2
200.
Cultural Resources Archival Research
each
$ 500.000
0
$
HazMat Database Search
each
200.000
S
Miscellaneous Rolect Related Expenses
NA
at cost
NA
i
SUBTOTAL DIRECT EXPENSES
S
1,342.00
00273705.XLSX Page 1 of 1
EXHIBIT E
Certificate of Insurance
Attached Behind This Page
A� b* CERTIFICATE OF LIABILITY INSURANCE
DATE OD/Y3
4/10/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
McLaughlin Brunson Insurance Agency, LLP
6600 LBJ Freeway
Suite 220
Dallas TX 75240
Jeff A McLaughlin
FAX
A11: (214) 503-1212 AJC No:(214) 503-8899
FAMDRESS:
__
lHSURER S AFFORDING COVERAGE MAIC it
A:XL Specialty Insurance Company 37885
'
INSURED
INSURER e: Travelers Lloyds ina. Company 41262
CP&Y, Inc.
INSURERC: St. Paul Fire &Marine Ins. Co. 24767
INSURER D: Travelers indemnity Cc of CT 25682
1820 Regal Row
Ste 200
Dallas TX 75235
INSURER E: Hartford Casualty Insurance Co. 29424
INSURER F:
PACP1951L895
Valuable Papers
Cr1Vr PAf3FA CFRTIFICATF NUMRERf Cart ID 19507 RLV151VN NUMULK:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
DD
1619
POLICY NUMBER
POLIC EFF
MMMD
POLICYEXP
MWE)D
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE S 1,000,000
DAMAGE TO-111717rM
PR 11 ES Ea mu,,gr4ol $ 1,000,000
B
X COA0.IERCIALGENERAL LIABILITY
CLAMS•IAADE a] OCCUR
y
Y
PACP1951L895
Valuable Papers
6/1/2012
6/1/2013
MED EXP (Anyone person) $ 10,000
PERSONAL& ADV INJURY $ 1,000,000
X Contractual Liab
$2.245,000
GENERAL AGGREGATE $ 2,000,000
X Severability of Int.
GENLAGGREGATE LIMIT APPLIES PER
PRODUCTS •COMPIOPAGG $ 2,000,000
S
POLICY X PRO- LOC
AUTOMOBILE LIABILITY
(Ea.IB�1 dent) :GLE L1A ! 1,000,000
BODILY INJURY (Per person) S
D
X ANY AUTO
Y
Y
B113865M855
6/1/2012
6/1/2013
BODILY INJURY (Per accdent) S
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIREDAUTOS AUTOS
PROPERTY DAMAGE S
Per accident
S
C
X
UMBRELLA UAB
X
OCCUR
Y
Y
ZUP-10SO485A-12-NF
6/1/2012
6/1/2013
EACH OCCURRENCE S 10,000,000
AGGREGATE $ 10,000,000
EXCESS LIAR
CLA&iS4AADE
DEO I I RETENTION $$
$
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNEWEXECUTIVEa
OFFICEP AI£MBER EXCLUDED?
(Mandatory In NH)
NIA
Y
46WBZI9681
1/1/2013
i/1/2019
X WC STATU• DTH-
E.L. EACH ACCIDENT 5 500,000
E.L. DISEASE . EA EPAIII14 S 500,000
E.L. DISEASE • POLICY LIMIT5 500,000
11 yes, describe under
DESCRIPTION OF OPERATIONS below
A
Professional Liability
N
Y
DPR9706055
4/1/2013
4/1/2014
Per Claim/ $ 3,000,000
Annual Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to a deductible. Thirty day notice of
cancellation in favor of the certificate holder on all policies. The City of Round Rock is named as
additional insured with respect to all policies except Workers Compensation/Employers' Liability and
Professional Liability policies as required by contract. RBt University Boulevard 36" Water Line
Phase I
ron•rrcrnA rc unl nro f:ANCFI 1 ATKIIN
W 1Ut1C-YU1U At UKU %,VKrVMAI AVIV. MN rlynLb react vcu.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
n -,,,o , ..F ,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Round Rock
City Manager
221 E. Main St.
AUTHORIZED REPRESENTATIVE/S:GNATUREOF AGENT LICENSED IN STATE OF TEXAS
Typed Name: Jeff A. McLaughlin
Round Rock TX 78664
(% ell License ID: 1216645
W 1Ut1C-YU1U At UKU %,VKrVMAI AVIV. MN rlynLb react vcu.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
n -,,,o , ..F ,