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R-05-12-01-9F4 - 12/1/2005RESOLUTION NO. R -05-12-01-9F4 WHEREAS, the City of Round Rock desires to retain engineering services for the Preliminary Engineering Report for the .Cedar Park/Round Rock/LCRA Regional Water System Improvements, and WHEREAS, .HDR Engineering, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with HDR Engineering, 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 HDR Engineering, Inc. for the Preliminary Engineering Report for the Cedar Park/Round Rock/LCRA Regional Water System Improvements, 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 meetingat 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 1st day of December, 2005. ATTES NY . WELL, '.yor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta @PFDeskcop\::ODMP./WORLDOX/O:/WDOX/RESOLUTI/R51201F4..WPD/xmc _ CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 4401 Westgate Blvd., Suite 400, Austin, Texas 78745 PROJECT: Preliminary Engineering Report for the Cedar Park / Round Rock / LCRA Regional Water • System Improvements THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2005 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 "Round Rock"), the CITY OF CEDAR PARK, a Texas home - rule municipal corporation, whose offices are located at 600 North Bell Blvd., Cedar Park, Texas 78613, (hereinafter referred to as "Cedar Park"), the LOWER COLORADO RIVER AUTHORITY, a Texas River Authority, whose offices are located at 3700 Lake Austin Blvd., Austin, Texas 78703 (hereinafter referred to as "LCRA"), (all collectively referred to hereinafter as "Owners") and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement of services of professional engineers; and and WHEREAS, Owners and Engineer desire to contract for such professional engineering services; WHEREAS, Owners 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 File Name: hdr-cedarpark-Icra;wa05trvraw; 92569 1 Rev. 04/06/05 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 OWNERS' SERVICES Owners shall perform or provide services as identified in Exhibit A entitled "Owners' 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 Owners 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 Owners. 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 Owners shall have the right to terminate this Contract as set forth below in Article 20. So long as the Owners elect 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 Owners in writing as soon as possible if it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the Project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by Owners to proceed as provided in Article 7. ARTICLE 4 COMPENSATION Owners 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. Owners and Engineer agree that the Engineer's compensation will be paid by Owners in the following percentages: Round Rock: 50.50°v 43.5o % LCRA 30794%18.56% 0.9 0 4749/e:951 .5l V Cedar Park 18.56% /$ 49 The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Thirty-two Thousand Five Hundred and No/100 Dollars ($132,500.00) 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 Owners. Engineer shall prepare and submit to Owners 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 Owners 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 Owners, 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 two (2) copies of a certified invoice in a form acceptable to Owners, with the invoice allocated among the Owners in the percentages set forth in Article 4 above. This submittal shall also include a progress assessment report in a form acceptable to Owners. 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 Owners based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, Owners shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to Owners, adequate and sufficient in its determination, that tasks were completed. 3 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 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 Owners receive 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 Owners 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 Owners from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to Owners in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. Owners 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 Owners have issued a written Notice to Proceed regarding such task. The Owners 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 Owners' Designated Representatives for purposes of this Contract are as follows: 4 CITY OF ROUND ROCK Tom C. Clark 212 Commerce Cove Round Rock, Texas 78664 Telephone Number: (512) 341-3146 Fax Number: (512) 218-3242 Email Address: tclark@round-rock.tx.us CITY OF CEDAR PARK Sam Roberts 600 North Bell Blvd. Cedar Park, Texas 78613 Telephone Number: (512) 258-4121 Fax Number: (512) 258-8602 Email Address: roberts@ci.cedar-park.tx.us LOWER COLORADO RIVER AUTHORITY Jim Clarno 3700 Lake Austin Blvd. Austin, Texas 78703 Telephone Number: (512) 473-3386 Fax Number: (512) 397-6722 Email Address: james.clarno@lcra.org Owners' Designated Representatives shall be authorized to act on Owners' behalf with respect to this Contract. Owners or Owners' Designated Representatives shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: HDR ENGINEERING, INC. Neil A. Graff, P.E. Vice President/Project Manager 4401 Westgate Blvd., Suite 400 Austin, Texas 78745 Telephone Number: (512) 912-5111 Fax Number: (512) 912-5158 Email Address: neil.graff@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with Owners at Owners' election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by Owners, in order for Owners to evaluate features of the 5 Engineering Services. At the request of Owners or Engineer, conferences shall be provided at Engineer's office, the offices of Owners, or at other locations designated by Owners. When requested by Owners, such conferences shall also include evaluation of the Engineering Services. Should Owners determine that the progress in Engineering Services does not satisfy the Work Schedule, then Owners shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise Owners 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 Owners 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 Owners desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by Owners 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 all parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from Owners to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of all parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If Owners suspend 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. Owners assume no liability for Engineering Services performed or costs incurred prior to the date authorized by Owners 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 it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, it shall promptly notify Owners in writing. In the event Owners find that such work does constitute extra work and exceeds the maximum amount 6 payable, Owners 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 all parties, of a written Supplemental Contract. Owners 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 Owners deem 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 Owners. 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 Owners. No additional compensation shall be due for such Engineering Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if Owners determine 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 Owners. 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 all parties that Engineer shall make no claim for extra work done or materials furnished until the Owners authorize full execution of the written Supplemental Contract and authorization to proceed. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of Owners and shall be furnished to Owners upon request. All documents prepared by Engineer and all documents furnished to Engineer by Owners shall be delivered to Owners upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished Owners under this Contract. 7 ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of Owners, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by Owners. 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 Owners. Engineer may not change the Project Manager without prior written consent of Owners. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from Owners. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by Owners prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES Owners, or any of their authorized representatives, 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 Owners 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 Owners before any final report is issued. Owners' comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. 8 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 Owners, 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 Owners, for reasons of their 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 Owners 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, Owners shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should Owners 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 Owners terminate this Contract for fault on the part of Engineer, then Owners 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 Owners, the cost to Owners 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 Owners 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 Owners 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 its contractual obligations, then Owners may take over the Project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to Owners for any additional and reasonable costs incurred by Owners. 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. 9 ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish Owners with satisfactory proof of its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. Owners are 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 Owners and their officers and employees from all claims and liabilities due to activities of itself and 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. Engineer shall also save and hold Owners harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by Owners in litigation or otherwise defending claims or liabilities which may be imposed on Owners 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 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. Owners 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. 10 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to Owners 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 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 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, Owners reserve 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, 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 ($1,000.000.00) per occurrence from a company authorized to do insurance business in Texas and otherwise acceptable to Owners. Engineer shall also notify Owners, 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. Owners shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 11 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to Owners by certified mail to: City of Round Rock City Manager 221 East Main Street Round Rock, Texas 78664 City of Cedar Park City Manager 600 North Bell Blvd. Cedar Park, Texas 78613 Lower Colorado River Authority Manager of Water & Wastewater Utility 3700 Lake Austin Blvd. Austin, Texas 78703 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Owners, to any such future coverage, or to Owners' 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 Owners. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS Owners shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of Owners. 12 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 Owners and Engineer, shall be kept on a generally recognized accounting basis and shall be available to Owners or its authorized representatives at mutually convenient times. The Owners reserve the right to review all records they deem 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 of Round Rock: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 13 City of Cedar Park: City of Cedar Park Attention: City Manager 600 North Bell Blvd. Cedar Park, TX 78613 and to: Leonard Smith City Attorney 1103 Cypress Creek Road, Ste. 102 Cedar Park, TX 78613 Lower Colorado River Authority: Lower Colorado River Authority Attention: Manager of Water & Wastewater Utility P. O. Box 220 Austin, TX 78767 and to: Madison Jechow LCRA Assistant General Counsel P. O. Box 220 Austin, TX 78767 Engineer: HDR Engineering, Inc. Neil A. Graff, P.E. 4401 Westgate Blvd., Suite 400 Austin, Texas 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for its delays or for failures to use 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 Owners due to Engineer's negligent failure to perform, Owners may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of Owners' additional legal rights or remedies. 14 (2) Force Majeure. Neither Owners 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 Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing Owners to enter into this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their corporate name by their duly authorized representatives, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. 15 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney ATTEST: By: Christine Martinez, City Secretary CITY OF CEDAR PARK, TEXAS APPROVED AS TO FORM: By: Robert S. Lemon, Mayor Leonard Smith, City Attorney ATTEST: By: LeAnn Quinn, City Secretary LOWER COLORADO RIVER AUTHORITY APPROVED AS TO FORM: By: Scott B. Ahlstrom, PE, PMP Manager of Water & Wastewater Utility HDR E EERINCy, INC. By: 4 Sig ture of Principal Printed Name: Jf,rne f 14141-11, p� 16 Madison Jechow, Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A Owners Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A Owners Services The Owners will provide to the Engineer under this agreement the following items/information/assistance: 1. Provide data related to HDRs scope of work water including water demand projections, existing infrastructure arrangements, available mapping, record drawings, and other similar relevant information. 2. Provide assistance with coordination with other governmental entities including Williamson County, Travis County, TXDOT, and others as necessary for completion of scope of work. 3. Provide assistance with coordination with Private Property Owners as necessary. 4. Provide as -built, construction, or other drawings with information pertaining to the scope of work. 5. Assist Engineer in visiting land acquisition sites, pipeline routes, tie-in locations as needed. 6. Meet with Engineer on regular basis to facilitate communication and completion of work on a fast track schedule. 7. Provide timely review and response for project deliverables and Engineer's requests for information. EXHIBIT B Engineering Services PRELIMINARY ENGINEERING PHASE Task 1— Capacity Determination. It is assumed that three participants will be included in the regional water system — Cedar Park, Round Rock, and the Lower Colorado River Authority (LCRA). HDR will compile water demand projects from each participant and perform a needs assessment to determine the ultimate capacity of the system and the capacity needed by each participant over time. Develop a project phasing plan and schedule of projects to be constructed during the planning horizon. Task 2 — Overall Project Concept. HDR will refine the regional water system concepts developed previously for Round Rock to include updates from Cedar Park and LCRA. The concept for the raw water intake, raw water line, treatment plant, pumping, and transmission configuration will be modified as needed to accommodate participants needs. Participants delivery options, system hydraulics, and operations will be reviewed to develop and establish water delivery locations and participant's hydraulic requirements. Task 3 —Site Location Analysis. Using available aerial mapping, property ownership information, and survey data, HDR will develop recommended routes for the raw intake, raw water pipelines, the water treatment plant site, and transmission pipelines. The site location tasks will be accomplished in parallel with the Tasks 4, 5, and 6, which include sizing and development of technical details for the system components. HDR will also perform a cursory review of permitting issues associated with the recommended sites to identify key permitting issues. Task 4 — Raw Water Facilities. HDR will develop recommendations for the requirements, location, size, layout plan, and equipment to modify Cedar Park's existing floating intake structure in Lake Travis for use in the regional system. Sizing and development of construction requirements for the raw water pipeline from the intake to the recommended treatment plant site will also be completed. Raw water hydraulic analysis will include sizing and consideration of a future deep water intake structure near Volente, but technical concepts or details for the deep water intake will not be developed at this time. Task 5 — Water Treatment Plant. HDR will compile raw water data, review the participant's finished water goals, and evaluate regulatory issues that might impact the new regional water treatment plant. Based on this water quality information, HDR will develop three basic treatment plant process configurations including conventional treatment, modular technology, and low pressure membranes. Plant site layouts for each of the process alternatives will be developed for the selected water treatment plant site. HDR will also develop key treatment plant requirements including chemical systems, operational needs, piloting/procurement issues, and major equipment types Task 6 — Treated Water Delivery System. HDR will utilize Cedar Park's and Round Rock's existing water distribution models to develop concepts for transmission and delivery of treated water from the new regional plant site to the participants' delivery points. This work will be in conjunction with distribution system modeling that Cedar Park has contracted for separately. HDR will size a new transmission pipeline from the regional plant to Round Rock and determine if it is possible to defer construction of this pipeline by using excess capacity in Cedar Park's distribution system for a period of time. HDR will also examine if the transmission pipeline can phased, i.e. construct two parallel lines with one line deferred. Task 7 — Project Schedule. HDR will develop a phasing plan for the project components to meet participants' water demand needs over time. The phasing plan will include timing and phasing of construction projects in the future that will meet the participants' needs. For the initial construction projects, the schedule will include construction contract arrangement and delivery methods, land acquisition issues, possible impacts of permitting issues, procurement needs, design timeline, bidding timeline, and construction timeline Task 8 — Cost Evaluations. HDR will develop opinions of probable cost for the initial construction projects. The cost analysis will also include a method and justification for allocation of project cost to each participant. Task 9 — Recommend Project Configuration. Based on the results of Tasks 1 through 8, HDR will present a recommended regional system configuration and recommended initial phase construction projects. Task 10 — Report Preparation. The results of the Preliminary Engineering Phase will be summarized in a Preliminary Engineering Report (PER). Ten (10) copies of a draft report, and ten (10) copies of a final report will be delivered. Task 11- Meetings, Project Management, and Administration. HDR will attend a project kickoff meeting and routine coordination meeting with the participants. HDR will present the draft and final PER at two separate meetings. Task 11 also includes project management, project administration, and correspondence. EXHIBIT C Work Schedule Draft Preliminary Engineering Report delivered to the City by November 28, 2005 and final report delivered by December 30, 2005. EXHIBIT D Fee Schedule Lump Sum Fee Task 1 — Capacity Determination $6,600 Task 2 — Overall Project Concept $6,000 Task 3 —Site Location Analysis $12,300 Task 4 — Raw Water Facilities $9,500 Task 5 — Water Treatment Plant $25,400 Task 6 — Treated Water Delivery System $13,000 Task 7 — Project Schedule $9,300 Task 8 — Cost Evaluations $10,900 Task 9 — Recommend Project Configuration $1,600 Task 10 — Report Preparation $10,000 Task 11- Meetings, Management, and Admin. $20,700 Task 12 — Reimbursable Expenses $7,200 TOTAL LUMP SUM FEE $132,500 EXHIBIT E Certificates of Insurance SEE ATTACHMENT ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 11E(MM2005 PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED 1013472 HDR ENGINEERING, INC. ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 I INSURER A : ZURICH AMERICAN INS CO - O.P. KS INSURER B : AMERICAN GUARANTEE & LIAB (ZURICH) INSURER C : SENTRY INSURANCE A MUTUAL COMPANY INSURER D : CONTINENTAL CAS (V.O. SCHINNERER) INSURER E : COVERAGES SA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 10,000 X FIRE DAMAGE (Any one fire) CLAIMS MADE X OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL & ADV INJURY $ 1,000,000 $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE:7,r APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECT X LOC B B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP3504584 TAP3504586 06/01/2005 06/01/2005 06/01/2006 06/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX X BODILY INJURY (Per accident) en $ XXXXXXX X PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX B EXCESS LIABILITY AUC3808400 (EXCLUDES PROF. LIAB) 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 $ XXXXXXX XXX X UMBRELLA DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 90-14910-01 90-14910-02 06/01/2005 06/01/2005 06/01/2006 06/01/2006 X TO Y LIMIT OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER ARCHS & ENGS PROFESSIONAL LIABILITY PLA113978408 06/01/2005 06/01/2006 PER CLAIM: $1,000,000. AGG: $1,000,000. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CEDAR PARK -ROUND ROCK-LCRA REGIONAL WATER SYSTEM, PRELIMINARY ENGINEERING. CERTIFICATE HOLDER ADDITIONAL INSURED' INSURER LETTER* CANCELLATION 2435066 CITY OF CEDAR PARK ATTN: CITY MANAGER 600 NORTH BELL BLVD CEDAR PARK, TX 78613 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR—TO- MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT-FAILURE-TO-DO—SO-SHALL AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed in the 'Producer' section above and specify the client code'HDRINO7', © ACO - D CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 DATE 11/03//DDNY) 2005 POLICY NUMBER PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED 1013472 HDR ENGINEERING, INC. ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 I INSURER A : ZURICH AMERICAN INS CO - O.P. KS INSURER B : AMERICAN GUARANTEE & LIAB (ZURICH) INSURER C: SENTRY INSURANCE A MUTUAL COMPANY INSURER D : CONTINENTAL CAS (V.O. SCHINNERER) INSURER E : COVERAGES SA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR 1N NTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 10,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 X FIRE DAMAGE (Any one fire) CLAIMS MADE X OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG RO- POLICY X JECT X LOC B B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP3504584 TAP3504586 06/01/2005 06/01/2005 06/01/2006 06/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX X BODILY INJURY (Per accident) $ XXXXXXX X PROPERTY DAMAGE (Per accident) $ XXX30�XX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX B EXCESS LIABILITY AUC3808400 (EXCLUDES PROF. LIAB) 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 $ xxxxxxx X UMBRELLA DEDUCTIBLE FORM XXXXXXX •$ RETENTION $ $ XXXXXXX C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 90-14910-01 90-14910-02 06/01/2005 06/01/2005 06/01/2006 06/01/2006 X T/ORVTUM TS 2P E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER ARCHS & ENGS PROFESSIONAL LIABILITY PLA113978408 06/01/2005 06/01/2006 PER CLAIM: $1,000,000. AGG: $1,000,000. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CEDAR PARK -ROUND ROCK-LCRA REGIONAL WATER SYSTEM, PRELIMINARY ENGINEERING. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER' CANCELLATION 2435073 LOWER COLORADO RIVER AUTHORITY ATTN: GENERAL MANAGER PO BOX 220 AUSTIN, TX 78767 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL E=AVOR MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed in the 'Producer' section above and specify the client code 'HDRINOI'. o ACO D CORPORATION 1988 CERTIFICATE OF LIABILITY INSURANCE Date: 1113/05 PRODUCER COMPANIES AFFORDING COVERAGE Lockton Companies 444 W. 47th Street, Suite 900 A Zurich American Ins Co. - OP, KS Kansas City, MO 64112 B American Guarantee & Liab (Zurich) INSURED C Sentry Ins. Co. HDR Engineering, Inc. D Continental Cas (VO Schinnerer) 8404 Indian Hills Drive, Omaha, NE 68114-4049 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EIt'1`II,CTTVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY GL03504583 6/1/05 6/1/06 GENERAL -AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG 5 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE 5 1,000,000 FIRE DAMAGE (Any one Sire) S 1,000,000 MED. EXPENSE (Any one person) S 5,000 B AUTOMOBILE LIABILITY BAP3504584 TAP3504586 6/1/05 6/1/06 COMBINED SINGLE L.iMn S 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) 5 PROPERTY DAMAGE S 13 EXCESS LIABILITY (excluded professional liability) AUC3808400-00 6/1/05 6/1/06 EACH OCCURRENCE 5 1,000,000 AGGREGATE S 1,000,000 e WORXERS' COMPENSA TION 90-14910-01 AND EMPLOYERS' LIABIL.rry 6/1/05 6/1/06 STATUTORY LIMITS EACH ACCIDENT DISEASE - POL ICY LIMIT DISEASE - EACH EMPLOYEE $ Statutory S 1,000,000 5 1,000,000 S 1,000,000 D PROFESSIONAL. LJABILtTY PLN113978408 6/1/05 6/1/06 Per Claim: $1,000,000 Aggregate: $1,000,000 DESCRJP TION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS Re: Cedar Park -Round Rock-LCRA Regional Water System, Preliminary Engineering. The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 President Title: Page 1 00650 — 7/2003 Certificate of Liability Insurance `pis �� x �� •sA , r tws d x s� � •h. "+� n � ! r4F. � ��f �' _ B k - I - +x� x a 9�a t',t• P� w �a Y:'. ,�'t I :'h "w"�t.a� ,� •, � .rl. ,. �re � - ,y '��' r w �f �`. ! n x�)'�'q wax g. > �;Y � ��� f� � rx ! 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MMI.n±i"+n r ° �y M Cedar Park,RounM Rock P ';x.`.s' m�': {q a°+: , ,a' ., ` .�,'. +!F� d d �-�, +�, •:, qt�,i 1, i ` , + 1�`.x ¢ DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 9.F.4. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the Preliminary Engineering Report for the Cedar Park/Round Rock/LCRA Regional Water System Improvements. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Utilities Director Justification: The Lake Travis Raw Water Supply System study, completed, in September 2005, recommended that the most cost effective alternative to the City for accessing Lake Travis water was to develop a partnership with the City of Cedar Park and / or LCRA to develop a regional treatment and delivery system. In order for the partnership to develop a long term contractual, a Preliminary Engineering Report is needed to identify the routing, pipe sizes, capacity, probable costs, cost sharing of various components and phasing the project to meet each City's requirements. Funding: Cost: $57,637.50 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: HDR Engineering Background Information: This contract is for a Preliminary Engineering Report on required capacities, regional Water Treatment Plant (WTP) Site Analysis, Raw Water Pump Station Analysis, WTP Configuration, Raw and Treated Water Line Sizing, Project Phasing and Probable Costs for Round Rock, Cedar Park and LCRA in the regional treatment system. Engineering fees will be paid on a percentage of capacity needed by each customer in the improvements. Total cost of the report will be $132,500 with Round Rock's share totaling $57,637.50 The City of Round Rock's percentage is 43.50%, based on an ultimate capacity in the system of 41 MGD. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CONTRACT FOR ENGINEERING SERVICES FIRM: HDR ENGINEERING, INC. ("Engineer") ADDRESS: 4401 Westgate Blvd., Suite 400, Austin, Texas 78745 PROJECT: Preliminary Engineering Report for the Cedar Park / Round Rock / LCRA Regional Water System Improvements THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the /g -day of %1c.6if€3en, , 2005 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 "Round Rock"), the CITY OF CEDAR PARK, a Texas home - rule municipal corporation, whose offices are located at 600 North Bell Blvd., Cedar Park, Texas 78613, (hereinafter referred to as "Cedar Park"), the LOWER COLORADO RIVER AUTHORITY, a Texas River Authority, whose offices are located at 3700 Lake Austin Blvd., Austin, Texas 78703 (hereinafter referred to as "LCRA"), (all collectively referred to hereinafter as "Owners") and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement of services of professional engineers; and WHEREAS, Owners and Engineer desire to contract for such professional engineering services; and WHEREAS, Owners 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 File Name: hdr-cedarpark-lcra;wa05trvraw; 92569 R-05- /2•01- CirLi 1 Rev. 04/06/05 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 OWNERS' SERVICES Owners shall perform or provide services as identified in Exhibit A entitled "Owners' 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 Owners 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 Owners. 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 Owners shall have the right to terminate this Contract as set forth below in Article 20. So long as the Owners elect 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 Owners in writing as soon as possible if it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the Project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by Owners to proceed as provided in Article 7. ARTICLE 4 COMPENSATION Owners 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. Owners and Engineer agree that the Engineer's compensation will be paid by Owners in the following percentages: Round Rock: .8:59%- 43. Sc/o LCRA 4994% 40.51 7= Cedar Park 14,564'o /5.9, The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Thirty-two Thousand Five Hundred and No/100 Dollars ($132,500.00) 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 Owners. Engineer shall prepare and submit to Owners 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 Owners 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 Owners, 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 two (2) copies of a certified invoice in a form acceptable to Owners, with the invoice allocated among the Owners in the percentages set forth in Article 4 above. This submittal shall also include a progress assessment report in a form acceptable to Owners. 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 Owners based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, Owners shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to Owners, adequate and sufficient in its determination, that tasks were completed. 3 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 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 Owners receive 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 Owners 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 Owners from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to Owners in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. Owners 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 Owners have issued a written Notice to Proceed regarding such task. The Owners 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 Owners' Designated Representatives for purposes of this Contract are as follows: 4 CITY OF ROUND ROCK Tom C. Clark 212 Commerce Cove Round Rock, Texas 78664 Telephone Number: (512) 341-3146 Fax Number: (512) 218-3242 Email Address: tclark@round-rock.tx.us CITY OF CEDAR PARK Sam Roberts 600 North Bell Blvd. Cedar Park, Texas 78613 Telephone Number: (512) 258-4121 Fax Number: (512) 258-8602 Email Address: roberts@ci.cedar-park.tx.us LOWER COLORADO RIVER AUTHORITY Jim Clarno 3700 Lake Austin Blvd. Austin, Texas 78703 Telephone Number: (512) 473-3386 Fax Number: (512) 397-6722 Email Address: james.clarno@lcra.org Owners' Designated Representatives shall be authorized to act on Owners' behalf with respect to this Contract. Owners or Owners' Designated Representatives shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: HDR ENGINEERING, INC. Neil A. Graff, P.E. Vice President/Project Manager 4401 Westgate Blvd., Suite 400 Austin, Texas 78745 Telephone Number: (512) 912-5111 Fax Number: (512) 912-5158 Email Address: neil.graff@hdrinc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with Owners at Owners' election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by Owners, in order for Owners to evaluate features of the 5 Engineering Services. At the request of Owners or Engineer, conferences shall be provided at Engineer's office, the offices of Owners, or at other locations designated by Owners. When requested by Owners, such conferences shall also include evaluation of the Engineering Services. Should Owners determine that the progress in Engineering Services does not satisfy the Work Schedule, then Owners shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise Owners 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 Owners 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 Owners desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by Owners 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 all parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from Owners to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of all parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If Owners suspend 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. Owners assume no liability for Engineering Services performed or costs incurred prior to the date authorized by Owners 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 it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, it shall promptly notify Owners in writing. In the event Owners find that such work does constitute extra work and exceeds the maximum amount 6 payable, Owners 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 all parties, of a written Supplemental Contract. Owners 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 Owners deem 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 Owners. 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 Owners. No additional compensation shall be due for such Engineering Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if Owners determine 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 Owners. 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 all parties that Engineer shall make no claim for extra work done or materials furnished until the Owners authorize full execution of the written Supplemental Contract and authorization to proceed. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of Owners and shall be furnished to Owners upon request. All documents prepared by Engineer and all documents furnished to Engineer by Owners shall be delivered to Owners upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished Owners under this Contract. 7 ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of Owners, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by Owners. 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 Owners. Engineer may not change the Project Manager without prior written consent of Owners. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from Owners. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by Owners prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES Owners, or any of their authorized representatives, 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 Owners 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 Owners before any final report is issued. Owners' comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMSIBREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. 8 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 Owners, 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 Owners, for reasons of their 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 Owners 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, Owners shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should Owners 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 Owners terminate this Contract for fault on the part of Engineer, then Owners 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 Owners, the cost to Owners 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 Owners 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 Owners 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 its contractual obligations, then Owners may take over the Project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to Owners for any additional and reasonable costs incurred by Owners. 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. 9 ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish Owners with satisfactory proof of its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. Owners are 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 Owners and their officers and employees from all claims and liabilities due to activities of itself and 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. Engineer shall also save and hold Owners harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by Owners in litigation or otherwise defending claims or liabilities which may be imposed on Owners 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 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. Owners 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. 10 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to Owners 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 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 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, Owners reserve 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, 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 ($1,000.000.00) per occurrence from a company authorized to do insurance business in Texas and otherwise acceptable to Owners. Engineer shall also notify Owners, 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. Owners shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 11 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to Owners by certified mail to: City of Round Rock City Manager 221 East Main Street Round Rock, Texas 78664 City of Cedar Park City Manager 600 North Bell Blvd. Cedar Park, Texas 78613 Lower Colorado River Authority Manager of Water & Wastewater Utility 3700 Lake Austin Blvd. Austin, Texas 78703 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Owners, to any such future coverage, or to Owners' 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 Owners. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS Owners shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of Owners. 12 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 Owners and Engineer, shall be kept on a generally recognized accounting basis and shall be available to Owners or its authorized representatives at mutually convenient times. The Owners reserve the right to review all records they deem 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 of Round Rock: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 13 City of Cedar Park: City of Cedar Park Attention: City Manager 600 North Bell Blvd. Cedar Park, TX 78613 and to: Leonard Smith City Attorney 1103 Cypress Creek Road, Ste. 102 Cedar Park, TX 78613 Lower Colorado River Authority: Lower Colorado River Authority Attention: Manager of Water & Wastewater Utility P. O. Box 220 Austin, TX 78767 and to: Madison Jechow LCRA Assistant General Counsel P. O. Box 220 Austin, TX 78767 Engineer: HDR Engineering, Inc. Neil A. Graff, P.E. 4401 Westgate Blvd., Suite 400 Austin, Texas 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for its delays or for failures to use 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 Owners due to Engineer's negligent failure to perform, Owners may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of Owners' additional legal rights or remedies. 14 (2) Force Majeure. Neither Owners 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 Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing Owners to enter into this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their corporate name by their duly authorized representatives, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. 15 ATTE . T: By: 4 Christine Martinez, City Secretary CITY OF CEDAR PARK, TEXAS ((• By: P/Y -Robert S. Lcmo14, Ailikyef 1 �reraa E:ve,s T�+cr:Y. C;r.' MAv,a5te ATTEST: APPED AS TO F RM: L. . . Stephan . Sheets, City Attorney L AP Kw LeAnn Quinn, City Secretary LOWED COLORADO RIVER AUTHORITY By: cott B. Ahlstrom, PE, PMP Manager of Water & Wastewater Utility HDR ENGINEERIG, INC. By: Signature of Principa Printed Name: J2„z€s K. (Re..,) Hand pth 16 ROVED AS TO FORM: Leonard Smith, ty ttorney APPROVED AS TO FORM: Madison Jechow, Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A Owners Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A Owners Services The Owners will provide to the Engineer under this agreement the following items/information/assistance: 1. Provide data related to HDRs scope of work water including water demand projections, existing infrastructure arrangements, available mapping, record drawings, and other similar relevant information. 2. Provide assistance with coordination with other governmental entities including Williamson County, Travis County, TXDOT, and others as necessary for completion of scope of work. 3. Provide assistance with coordination with Private Property Owners as necessary. 4. Provide as -built, construction, or other drawings with information pertaining to the scope of work. 5. Assist Engineer in visiting land acquisition sites, pipeline routes, tie-in locations as needed. 6. Meet with Engineer on regular basis to facilitate communication and completion of work on a fast track schedule. 7. Provide timely review and response for project deliverables and Engineer's requests for information. EXHIBIT B Engineering Services PRELIMINARY ENGINEERING PHASE Task 1— Capacity Determination. It is assumed that three participants will be included in the regional water system — Cedar Park, Round Rock, and the Lower Colorado River Authority (LCRA). HDR will compile water demand projects from each participant and perform a needs assessment to determine the ultimate capacity of the system and the capacity needed by each participant over time. Develop a project phasing plan and schedule of projects to be constructed during the planning horizon. Task 2 — Overall Project Concept. HDR will refine the regional water system concepts developed previously for Round Rock to include updates from Cedar Park and LCRA. The concept for the raw water intake, raw water line, treatment plant, pumping, and transmission configuration will be modified as needed to accommodate participants needs. Participants delivery options, system hydraulics, and operations will be reviewed to develop and establish water delivery locations and participant's hydraulic requirements. Task 3 —Site Location Analysis. Using available aerial mapping, property ownership information, and survey data, HDR will develop recommended routes for the raw intake, raw water pipelines, the water treatment plant site, and transmission pipelines. The site location tasks will be accomplished in parallel with the Tasks 4, 5, and 6, which include sizing and development of technical details for the system components. HDR will also perform a cursory review of permitting issues associated with the recommended sites to identify key permitting issues. Task 4 — Raw Water Facilities. HDR will develop recommendations for the requirements, location, size, layout plan, and equipment to modify Cedar Park's existing floating intake structure in Lake Travis for use in the regional system. Sizing and development of construction requirements for the raw water pipeline from the intake to the recommended treatment plant site will also be completed. Raw water hydraulic analysis will include sizing and consideration of a future deep water intake structure near Volente, but technical concepts or details for the deep water intake will not be developed at this time. Task 5 — Water Treatment Plant. HDR will compile raw water data, review the participant's finished water goals, and evaluate regulatory issues that might impact the new regional water treatment plant. Based on this water quality information, HDR will develop three basic treatment plant process configurations including conventional treatment, modular technology, and low pressure membranes. Plant site layouts for each of the process alternatives will be developed for the selected water treatment plant site. HDR will also develop key treatment plant requirements including chemical systems, operational needs, piloting/procurement issues, and major equipment types Task 6 — Treated Water Delivery System. HDR will utilize Cedar Park's and Round Rock's existing water distribution models to develop concepts for transmission and delivery of treated water from the new regional plant site to the participants' delivery points. This work will be in conjunction with distribution system modeling that Cedar Park has contracted for separately. HDR will size a new transmission pipeline from the regional plant to Round Rock and determine if it is possible to defer construction of this pipeline by using excess capacity in Cedar Park's distribution system for a period of time. HDR will also examine if the transmission pipeline can phased, i.e. construct two parallel lines with one line deferred. Task 7 — Project Schedule. HDR will develop a phasing plan for the project components to meet participants' water demand needs over time. The phasing plan will include timing and phasing of construction projects in the future that will meet the participants' needs. For the initial construction projects, the schedule will include construction contract arrangement and delivery methods, land acquisition issues, possible impacts of permitting issues, procurement needs, design timeline, bidding timeline, and construction timeline Task 8 — Cost Evaluations. HDR will develop opinions of probable cost for the initial construction projects. The cost analysis will also include a method and justification for allocation of project cost to each participant. Task 9 — Recommend Project Configuration. Based on the results of Tasks 1 through 8, HDR will present a recommended regional system configuration and recommended initial phase construction projects. Task 10 — Report Preparation. The results of the Preliminary Engineering Phase will be summarized in a Preliminary Engineering Report (PER). Ten (10) copies of a draft report, and ten (10) copies of a final report will be delivered. Task 11- Meetings, Project Management, and Administration. HDR will attend a project kickoff meeting and routine coordination meeting with the participants. HDR will present the draft and final PER at two separate meetings. Task 11 also includes project management, project administration, and correspondence. EXHIBIT C Work Schedule Draft Preliminary Engineering Report delivered to the City by November 28, 2005 and final report delivered by December 30, 2005. EXHIBIT D Fee Schedule Lump Sum Fee Task 1 — Capacity Determination $6,600 Task 2 — Overall Project Concept $6,000 Task 3 —Site Location Analysis $12,300 Task 4 — Raw Water Facilities $9,500 Task 5 — Water Treatment Plant $25,400 Task 6 — Treated Water Delivery System $13,000 Task 7 — Project Schedule $9,300 Task 8 — Cost Evaluations $10,900 Task 9 — Recommend Project Configuration $1,600 Task 10 — Report Preparation $10,000 Task 11- Meetings, Management, and Admin. $20,700 Task 12 — Reimbursable Expenses $7,200 TOTAL LUMP SUM FEE $132,500 EXHIBIT E Certificates of Insurance SEE ATTACHMENT CERTIFICATE OF LIABILITY INSURANCE Date: 11/3/05 PRODUCER COMPANIES AFFORDING COVERAGE Lockton Companies 444 W. 47th Street, Suite 900 A Zurich American Ins Co. - OP, KS Kansas City, MO 64112 B American Guarantee & Liab (Zurich) INSURED C Sentry Ins. Co. HDR Engineering, Inc. D Continental Cas (VO Schinnerer) 8404 Indian Hills Drive, Omaha, NE 68114-4049 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described- Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE -A GENERAL LIABILITY GL03504583 6/1/05 6/1/06 GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG. 5 2,000,000 PERSONAL & ADV. INJURY 5 1,000,000 EACH OCCURRENCE 5 1,000,000 FIRE DAMAGE (Any one fire) S 1,000,000 MED. EXPENSE (Any one person) S 5,000 B AUTOMOBILE LIABILITY BAP3504584 TAP3504586 6/1/05 6/1/06 COMBINED SINGLEL.nvfl7 5 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per occident) S PROPERTY DAMAGE S EXCESS LIABILITY (excluded professional liability) AUC3808400-00 6/1/05 6/1/06 EACH OCCURRENCE S 1,000,000 AGGREGATE 5 1,000,000 e WORKERS' COMPENSATION 90-14910-01 AND EMPLOYERS' LIABILITY 6/1/05 6/1/06 STATUTORY LIMITS EACH ACCIDENT DISEASE -POLICY LIMIT DISEASE - EACH EMPLOYEE 5 Statutory S 1,000,000 1,000,000 1,000,000 D PROFESSIONAL LIABILITY PLN113978408 6/1/05 6/1/06 Per Claim: $1,000,000 Aggregate: $1,000,000 DESCRIP TION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS Re: Cedar Park -Round Rock-LCRA Regional Water System, Preliminary Engineering. The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager 221 E. Main Street SIGNATi- OF AUTHOF,ifZED REPRESENTATIVE Round Rock, Texas 78664 City of Round Rock Name, Grover Simpson President Title: Page 1 00650 — 7/2003 Certificate of Liability Insurance ACORDTM CERTIFICATE OF LIABILITY INSURANCE 06/01/2006 DATE 11/03/2005Y) PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURED 1013472 HDR ENGINEERING, INC. ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 I INSURER A : ZURICH AMERICAN INS CO - O.P. KS INSURER B : AMERICAN GUARANTEE & LIAB (ZURICH) INSURER C: SENTRY INSURANCE A MUTUAL COMPANY INSURER D : CONTINENTAL CAS (V.O. SCHINNERER) INSURER E : COVERAGES SA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY1 POLICY EXPIRATION DATE (MM/DD/YY1 LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 $ 10,000 $ 1,000,000 X FIRE DAMAGE (Any one fire) CLAIMS MADE X OCCUR MED EXP (Any one person) X Contractual Liab. PERSONAL & ADV INJURY GEN'L GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG PRO - POLICY X JECT X LOC B B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP3504584 TAP3504586 06/01/2005 06/01/2005 06/01/2006 06/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX X (Perp cILY ciden )RY $ XXXXXXX X PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER EA ACC $ XXXXXXX THAN AUTO ONLY: AGG $ XXXXXXX B EXCESS LIABILITY AUC3808400 (EXCLUDES PROF. LIAB) 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 $ XXXXXXX X UMBRELLA DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 90-14910-01 90-14910-02 06/01/2005 06/01/2005 06/01/2006 06/01/2006 X RY LIMIC STATUT- S 2 -Fri" - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER ARCHS & ENGS PROFESSIONAL LIABILITY PLAI13978408 06/01/2005 06/01/2006 PER CLAIM: $1,000,000. AGG: $1,000,000. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CEDAR PARK -ROUND ROCK-LCRA REGIONAL WATER SYSTEM, PRELIMINARY ENGINEERING. CERTIFICATE HOLDER ADDITIONAL INSURED* INSURER LETTER' CANCELLATION 2435073 LOWER COLORADO RIVER AUTHORITY ATTN: GENERAL MANAGER PO BOX 220 AUSTIN, TX 78767 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR—TO- TOO- MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, • AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed in the 'Producer section above and specify the client code'HDRINO,'. ® ACO - D CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2006ATE(M2005Y) INSR 1 TR PRODUCER Lockton Companies P 444 W. 47th Street, Suite 900 Kansas City Mo 64112-1906 (816) 960-9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURED 1013472 HDR ENGINEERING, INC. ATTN: LOUIS J. PACHMAN 8404 INDIAN HILLS DRIVE OMAHA, NE 68114-4049 I INSURER A: ZURICH AMERICAN INS CO - O.P. KS INSURER B : AMERICAN GUARANTEE & LIAB (ZURICH) INSURER C: SENTRY INSURANCE A MUTUAL COMPANY INSURER D : CONTINENTAL CAS (V.O. SCHINNERER) INSURER E : COVERAGES SA 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY1 POLICY EXPIRATION DATE (MM/DD/YY1 LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL03504583 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 $ 1,000,000 X FIRE DAMAGE (Any one fire) CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 $ 1,000,000 $ 2,000,000 X Contractual Liab. PERSONAL & ADV INJURY GEN'L GENERAL AGGREGATE AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECTPRO- X LOC B B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP3504584 TAP3504586 06/01/2005 06/01/2005 06/01/2006 06/01/2006 COMBINED SINGLE LIMIT (Ea accident) 2°���°��� X BODILY INJURY (Per person) XXXXXXX X BODILY (Per acciden )RY XXXXXXX X PROPERTY DAMAGE (Per accident) $ XXXXXXX 1 GARAGE LIABILITY ANY AUTO NOT APPLICABLEEA AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX B EXCESS X LIABILITY OCCUR CLAIMS MADE AUC3808400 (EXCLUDES PROF. LIAB) 06/01/2005 06/01/2006 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ XXXXXXX X UMBRELLA DEDUCTIBLE FORM XXXXXXX RETENTION $ $ $ XXXXXXX C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 90-14910-01 90-14910-02 06/01/2005 06/01/2005 06/01/2006 06/01/2006 X WC STATU- OTH- TORY LIMITS VP E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER ARCHS & ENGS PROFESSIONAL LIABILITY PLA113978408 06/01/2005 06/01/2006 PER CLAIM: $1,000,000. AGG: $1,000,000. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CEDAR PARK -ROUND ROCK-LCRA REGIONAL WATER SYSTEM, PRELIMINARY ENGINEERING. CERTIFICATE HOLDER ADDITIONAL INSURED' INSURER LETTER CANCELLATION 2435066 CITY OF CEDAR PARK ATTN: CITY MANAGER 600 NORTH BELL BLVD CEDAR PARK, TX 78613 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR—TO- MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL'URR€ TO O 60 SHALL AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) For questions regarding this certificate, contact the number listed In the 'Producer' section above and specify the client code 'HDRINOI'. ® ACO - D CORPORATION 1988